News
Public procurement: exclusion from the tender due to false declarations.
- 14/04/2020
The T.a.r. Campania, with a recent writ no. 1261 of March 26, 2020, established in the matter of public procurement that art. 80, paragraph 5, lett. f-bis), d. lgs. 50/2016 outlines a cause for exclusion from the tender procedure which takes place on the basis of the objective assumption represented by the presentation of untruthful documentation or declaration, referable and also produced by a third party. Therefore, the contracting authority can cancel the awarding order even in the event of a successful stipulation of the contract, since the cancellation power, unlike that of revocation, relates to genetic defects and operates with ex tunc effects; it follows that the cancellation of the award provision involves, in cascade, the termination of the medium-term contract stipulated.
NEWS
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