News
Public procurements: clarification on the assessment of anomalously low tenders
- 30/10/2017
Article 97 of the Italian Public Procurement Code (Legislative Decree no. 50/2016), on anomalously low tenders, provides that where the criterion for awarding a public contract is that of the lowest price, the suitability of offers is assessed through five alternative methods.
One of those methods requires, firstly, the elimination of 10 per cent of tenders of highest or lowest reduction; secondly, the use of further factors which are randomly drawn.
In that regard, with Judgment no. 4803 of 17th October 2017, the “Consiglio di Stato” has explained all steps to be followed when the threshold of anomaly is to be determined; it has then stated that tenders which have already been excluded at one step cannot be considered again at subsequent steps.
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