News
The Council of State on the failure to upload the tender documentation within the deadline set, due malfunctions of the e-procurement system: decision n. 86/2020
- 20/01/2020
The Council of State (section III), with judgement n. 86 of 7 January 2020, established that a tenderer who has uploaded his offer on the -procurement system within the established time but who has not been able to finalize the sending of the documentation due to a system malfunction attributable to its manager, cannot be excluded from the procedure. In the event that it is not possible to ascertain whether there has been an error on the part of the transmitter or if the transmission has been damaged due to a system defect, ‘the prejudice falls on the entity that launched, organized and managed the tender’.
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