News
Volunteer associations can participate in procurement procedures for the provision of public services
- 08/01/2018
With Judgment no. 5815 of 11th December 2017, the TAR Campania has confirmed that volunteer associations can be admitted to procurement procedures for the provision of public services, provided that these public services are functional to the aims of the association and also compatible with its constitution.
With regard to this, it has to be recalled that the European notion of “entrepreneur” or “contractor”, which is also accepted by the Italian legislation, does not require that an enterprise is conducted primarily to make a profit.
Furthermore, the participation of volunteer associations in those procurement procedures would not alter the competition between operators; it would also allow the contracting authority to award the services at issue to more advantageous economic conditions.
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