Article 101. Preliminary assistance.

1. Unless the document is present in the economic operator's virtual file at the time the deadline for submitting the offer expires, the contracting authority assigns a deadline of no less than five days and no more than ten days for: a) integrate any missing element in the documentation sent to the contracting authority within the deadline for the submission of offers with the application for participation in the tender procedure or with the single European tender document, with the exclusion of the documentation that makes up the technical offer and the offer economic; the failure to present the provisional guarantee, the availment contract and the commitment to grant a special collective mandate in the case of groups of competitors not yet established can be remedied by means of documents with a certain date prior to the deadline set for the submission of offers; b) remediate any omission, inaccuracy or irregularity in the application for participation, in the single European tender document and in any other document required by the contracting authority for participation in the tender procedure, with the exclusion of the documentation that makes up the technical offer and the economic offer. Omissions, inaccuracies and irregularities which make the identity of the competitor absolutely uncertain cannot be remedied. 2. The economic operator who does not fulfill the requests of the contracting authority within the established deadline is excluded from the tender procedure. 3. The contracting authority can always request clarifications on the contents of the technical offer and the economic offer and on any of their attachments. The economic operator is required to provide a response within the deadline set by the contracting authority, which cannot be less than five days and more than ten days. The clarifications provided by the economic operator cannot modify the content of the technical offer and the economic offer. 4. Until the day set for their opening, the economic operator, with the same methods of submitting the application for participation, may request the rectification of a material error contained in the technical offer or in the economic offer of which after the deadline for their submission has expired provided that the rectification does not involve the submission of a new offer, or in any case its substantial modification, and that anonymity remains ensured. EFFECTIVE FROM: 1 July 2023

Relazione

REPORT Article 101 identifies the requirements and deadlines for activating preliminary assistance in the procedure concerning the submission of tenders, in order to integrate or correct the document...

Commento

NEW • The institution has been simplified and clarified with a view to loyal collaboration between the parties, incorporating jurisprudential indications. • Preliminary assistance is permitted for: ...
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