Administrative, Contracts of the Public Administration, Temporary grouping of companies, Service contract, Tar Bari I October 2018, n. 1250
Public Administration contracts – Temporary grouping of companies – Service contract – Special participation requirements – Cumulative grouping – Possibility.
Service performed by performers without the requirement provided that this is cumulatively owned by the grouping
Discretion of the contracting authority
In relation to tender procedures for the assignment of services in which temporary groupings of companies participate, the possession of special requirements for participation “may”, but not “must” attest to a minimum threshold, being the choice left to the discretion of the contracting authority, with the consequence that in the event of failure to define the minimum threshold by the contracting authority, the service object of the tender may be carried out by enforcers without the requirement provided, of course, the new requirement is cumulatively held by the grouping (1).
(1) The Tar has clarified that in relation to tender procedures for the assignment of services in which temporary groupings of economic operators participate, Legislative Decree no. 50 of 2016 is limited to prescribe that the offer must contain an indication of the specific parts of the service that will be performed by individual economic operators (Article 48, paragraph 4).
No specific requirement is dictated with regard to the minimum percentage of qualification and / or capacity requirements that must be possessed by each economic operator participating in the procurement, joining a temporary grouping;
Article. 83, paragraph 8 of Legislative Decree no. 50 of 2016, in fact, is limited to imposing that the agent has the requisites and performs the services to a majority extent, but defines as “possible” the measures in which the same requirements must be owned both individual participants, putting the definition back to the discretion of the contracting authority.
Source Administrative Justice
