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 […]” – outlines a system of guarantees that refers to the only the period between the award and the contract and not the period between the “award proposal” and the award.

The plenary meeting states the following principle of law:

Paragraph 6 of art. 93 of the legislative decree 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 (…)” – outlines a system of guarantees that it refers only to the period between the award and the contract and not to the period between the “award proposal” and the award.

Source Administrative Justice