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Public procurements: the declaration of the works and services that are intended to be subcontracted is necessary
- 18/02/2019
At the time of the offer, pursuant to art. 105, paragraph 4, of Legislative Decree no. 50/2016, the competitor must declare the part of the services that he intends to subcontract and this declaration must be specific especially if it is a hypothesis of necessary subcontracting.
In case of failure to declare, in case of necessary subcontracting, it is not even possible to have recourse to the institute of “soccorso istruttorio” as per art. 83, paragraph 9, of Legislative Decree no. 50/2016, because, in that way, it would allow the company not to remedy a formal vice, but substantially to modify the offer, integrating it with the provision of a necessary subcontract (essential for the possession of the tender requirements), initially not expected. This is what the Lazio Regional Administrative Court establishes, sec. I bis, with the Sentence no. 146 of 7th January 2018.
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