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Tenders: there is no prohibition for the contracting authority to indicate the minimum conditions for participation in the announcement.

  • 28/03/2022

The Council of State, section IV, with sentence no. 1107 of 15 February 2022 reiterated that, the rule contained in art. 83, co. 8 of the Legislative Decree. n. 50/2016 did not place a prohibition on the contracting authority to indicate in the tender the minimum conditions for participation and the means of proof, in order to allow the verification, in a formal and substantial way, of the company's manufacturing capabilities, as well as the technical skills -professional and human resources, organic to the company itself, but has regulated this power.

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