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ARTICLE · 29 NOVEMBER 2022

Which Principles And Rules Apply When Interpreting The Lex Specialis Of A Public Procurement Procedure?

In the context of public procurement procedures, it is sometimes important to carefully examine the documents prepared by the Contracting Authority, and in the light of some ambiguous provisions...

ItalyGovernment, Public Sector

In the context of public procurement procedures, it is sometimes important to carefully examine the documents prepared by the Contracting Authority, and in the light of some ambiguous provisions or clauses in the tender notice or tender specifications, it is important to be very familiar with the criteria and principles of law that are necessary for the applicants to fulfill their own obligations relating to their participation in the tenders.

Well, with the issue thus raised, reference is made to the well-established case-law, according to which for purposes of interpreting the lex specialis of the tender procedure, the rules regarding the interpretation of contracts shall generally apply (see Council of State, Sec. V, May 30, 2022, no. 4365; Sec. V, Oct. 1, 2021, no. 6598).

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