Search results for "economic operators"
showing 4 items of 4 documents
Una postilla su una delle novità introdotte dall’art. 84 del codice dei contratti pubblici (d.lgs. n. 50/2016). L’obbligo delle stazioni appaltanti d…
2016
A NOTE ON ONE OF THE NEW MEASURES INTRODUCED BY ARTICLE 84 OF THE ITALIAN PUBLIC PROCUREMENTS CODE (LEGISLATIVE DECREE NO 50/2016). THE OBLIGATION OF CONTRACTING AUTHORITIES TO VERIFY THE QUALIFICATION CERTIFICATE OF CONTRACTORS ISSUED BY SOA Article 84 of the new Italian Public Procurements Code, which (along with other provisions) sets out the qualification system for economic operators offering the execution of works for an amount equal to or over 150,000 Euro, introduces several new provisions. In addition to the widely publicised and certainly significant one attributing broad regulatory powers to ANAC (the Italian Independent Authority supervising public procurements), Article 84 impo…
Il piano economico finanziario nelle concessioni di servizi
2021
The motivational system contained in the sentence of the Council of State of 13 October 2020, n. 6168 suggests reflecting on the function performed by the economic and financial plan in the matter of service concession contract as well as on its possible qualification as an integral element of the economic offer presented by the economic operator
Gli operatori economici nel labirinto dei gravi illeciti professionali e il periodo triennale di esclusione dalla gara dall’accertamento definitivo
2019
In the presence of a difficult system, such as that of serious professional offences, art. 80, paragraph 5, lett. c), Legislative Decree no. 50 of 2016, this work aims, first of all, to identify possible solutions suitable for avoiding choices of exclusion from the tender, potentially arbitrary, by the station contractor and to ensure a tender procedure based on compliance with the principle of certainty of law and on the constitutional principles referred to in Articles 3, 41 and 117, paragraph 2 lett. e), Constitution. We then focus on the issue of the temporal relevance of serious professional offences, such as significant deficiencies in the execution of a previous procurement contract,…
Le cause di esclusione di cui all’art. 80 D.Lgs. n. 50/2016 tra Linee guida dell’ANAC e principi di tassatività e legalità
2017
This paper, concerning the Guidelines adopted by the ANAC on the subject of "Indication adequate means of proof and deficiencies in the performance of a previous procurement contract which may be considered significant for demonstrating the circumstances of exclusion pursuant to art. 80 paragraph 5, lett. c) of the code”, aims to highlight on the one hand how, the alleged optional nature of the same, recognizing to the individual contracting stations the right to decide on the applicability of the Lines themselves, could, on the one hand, lead to situations potentially harmful to the constitutional principles pursuant to articles 3, 41 and 117, paragraph 2, lett. e) of the Constitution, to …