Descrizione

The work concerns the call for tender and the exclusion of the economic operator from the procedure of public contracts. The call for tenders and the invitation to participate in tenders are part of the preventive administrative acts with which the administration regulates its activity in contractual matters. Like any other administrative act, notices and invitations to tender must also comply with the law, in the event of a discrepancy in the regulatory framework, the act will be affected by invalidity. Instead, the current regulatory framework for the elaboration of the exclusion provision due to lack of general (or moral) requirements is constituted by art. 80 of Legislative Decree no. 50/2016. The general requirements represent situations or subjective conditions of the economic operator participating in the tender, in the absence of which the latter must be excluded from the procedure.