News
The omitted submission of the “PassOE” does not determine the exclusion from a procurement procedure
- 27/11/2017
With Judgment no. 4506 of 26th September 2017, the Consiglio di Stato has ruled that the omitted presentation of the so-called “PassOE” (Economic Operator Pass) does not determine the exclusion of an undertaking from a public procurement procedure.
With regard to this, the Consiglio di Stato has explained that the “PassOE” is an electronic instrument whose purpose is to help a contracting authority assess the existence of the requirements declared by a tenderer.
The omitted submission of the “PassOE” does not constitute one of the grounds for exclusion expressly provided for by the Italian Public Procurement Code. Instead, that omission simply determines a deficiency which can be subsequently and successfully remedied. Also, no pecuniary penalty can be imposed on the tenderer at issue.
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