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Possession of the quality certification requirement in public procurement: the recent sentence no. 1881/2020 of the Council of State.
- 06/04/2020
The Council of State, Section V, with decision no. 1881 of March 16, 2020 established that if the lex specialis does not provide for distinctions, within the scope of the contractual object, between main and secondary services (therefore, all the companies that compete in the form of a temporary grouping are authorized to perform the same processes, which cannot be separated or distinguished, in qualitative terms), the quality certification pursuant to art. 87 of the d. lgs. n. 50 of 2016, which constitutes a technical requirement of a subjective and non-objective nature, must be owned individually by each company, otherwise the interest of the contracting authority in achieving a certain quality level of the services subject to assignment by all the component companies of the temporary grouping will be negated.
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