Categoria: Public law and procurement
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THE NEW ROLE OF THE PROJECT MANAGER: BETWEEN EXTENDED POWERS AND CONFIRMED LIMITS.
The new Procurement Code (Legislative Decree no. 36/2023) has enriched the tasks and functions of the Project Manager, also changing its name (from Sole Procedure Manager to Sole Project Manager) in order to highlight the most decisive role and show the increase in the obligations of competence and the importance of the position. That said,…
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THE REGIONAL ADMINISTRATIVE COURT OF CAMPANIA RULES ON THE DIFFERENCE BETWEEN “AUTOMATIC” AND “NON-AUTOMATIC” CAUSES OF EXCLUSION.
A recent decision (Naples, Section V, 14 March 2024, no. 1733) of the Regional Administrative Court (Tribunale Amministrativo Regionale – “TAR”) of Campania, clarifies the motivational burdens that are incumbent on the contracting authority when the latter decides to exclude an economic operator from participation in a public tender, on the basis of the existence…
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THE REGIONAL ADMINISTRATIVE COURT OF MOLISE EXPRESSES ITS OPINION ON THE DIFFERENCE BETWEEN A SUPPLY CONTRACT AND A SUBCONTRACTING CONTRACT.
As is well known, in the context of public tenders, the importance of distinguishing cases where the economic operator relies on subcontracting contracts as opposed to those where it stipulates supply contracts, is relevant in many respects, first and foremost the contracting authority’s verification of the economic offer, in terms of adequacy, of labor costs.…
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DOES THE COMPETITOR’S FISCAL REGULARITY HAVE TO PERSIST THROUGHOUT THE ENTIRE TENDER PROCEDURE?
As is well known, according to Article 80, paragraph 4 of Legislative Decree No. 50/2016 (according to the new Code, this provision is re-proposed in Article 94, paragraph 6 of Legislative Decree No. 36/2023), if an economic operator has committed serious violations, definitively ascertained, with respect to obligations relating to the payment of taxes or…
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WHAT DOES THE NEW “ENERGY DECREE” ENVISAGE?
With the new Decree-Law No. 181, which was published on 9 December and came into force the following day, the government adopted a measure that intervenes across the board in the energy sector, providing for measures with three different purposes: support for energy-intensive companies; promotion and development of renewable sources; and national energy security and…
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THE NEW PUBLIC CONTRACTS CODE AND THE IMPORTANCE OF THE NEW PRINCIPLES FOR THE AWARDING OF WORKS AND SERVICES.
Among the more important innovations of the new Procurement Code is first and foremost, the “crystallization” of new principles intended to ensure the achievement of the result, that is the awarding of the public contract, by the administration. Legislative Decree No. 36/2023 that constitutes the new Procurement Code allocates a general part (Part I of…
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WHO IS LIABLE IF THE EVENT STIPULATED AS A CONDITION DOES NOT OCCUR?
Very often, preliminary contracts of sale and purchase are subject to a condition precedent: that is, the obligation to conclude the final contract will arise only if a certain event, stipulated in that specific clause, occurs. The event deduced as a condition may depend on a third party, or on only one of the parties…
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FAVOR PARTECIPATIONIS: WILL THE INTRODUCTION OF BONUS-AWARDING CRITERIA IN A PUBLIC TENDER PROCEDURE BY THE CONTRACTING AUTHORITY INFRINGE THIS PRINCIPLE?
In its judgement of 26 September 2023, no. 8512, the Council of State, Sec. III, expresses its opinion on the legitimacy of the bonus-awarding criteria for improved offers. As is well known, the bonus-awarding criteria are the requirements that bidders prove to possess (in addition to the award requirements) and for which an additional score…