Public procurement, the enforcement of the provisional guarantee is allowed only against the successful economic operator, Council of State, Plenary meeting, judgment 26 April 2022 n. 7
The Plenary Meeting of the Council of State, in relation to the corresponding question, posed by the fourth section with a non-definitive sentence of January 4, 2022, n. 26, concluded in the sense that paragraph 6 of art. 93 d. lgs. n. 50 of 2016 - in providing that the "provisional guarantee" accompanying the offer "covers the failure to sign the contract after the award due to any fact attributable to the contractor [...
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