Article 10. Principles of mandatory nature of the causes of exclusion and maximum participation.

1. Public contracts are not entrusted to economic operators for whom the existence of causes of exclusion expressly defined by the code has been ascertained. 2. The causes of exclusion referred to in articles 94 and 95 are mandatory and legally integrate the notices and letters of invitation; the clauses which provide for further causes of exclusion are null and void and are considered not to have been applied. 3. Without prejudice to the necessary qualification requirements for the exercise of the professional activity, contracting authorities and granting bodies may introduce special requirements of an economic-financial nature and technical-professional, relevant and proportionate to the object of the contract, keeping in mind the public interest in the largest number of potential competitors and favoring, provided that it is compatible with the services to be acquired and with the need to achieve economies of scale functional to the reduction of public spending, access to the market and the possibility of growth of micro, small and medium-sized enterprises. EFFECTIVE FROM: 1 July 2023

Relazione

REPORT Article 10 codifies the principles of mandatory nature of the causes of exclusion and maximum participation. Paragraph 1 provides that public contracts are not awarded to economic operators f...

Commento

NEW • The art. 10 introduces the following principles (paragraph 2): - the mandatory nature of the general causes of exclusion referred to in articles 94 (causes of automatic exclusion) and 95 (caus...
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