Article 184. Terms and communications.

1. When setting the deadlines for the receipt of applications or offers, the granting bodies shall take into account, in particular, the complexity of the concession and the time necessary to prepare the offers or applications, without prejudice to the minimum deadlines established by this article. 2. When applications or offers can only be submitted following a visit to the sites or after on-site consultation of the documents attached to the tender documents, the deadlines for receiving applications to participate in the concession or for receiving offers are established so that all interested economic operators can become aware of the information necessary to submit applications or offers and are in any case higher than the minimum deadlines established in paragraphs 3 and 4 of Article 39 of Directive 2014/23/EU of the European Parliament and of the Council, of 26 February 2014. 3. The minimum deadline for receiving applications for participation in the concession, including any offers, is thirty days from the date of transmission of the notice in accordance with the indications of articles 84 and 85. 4. If the procedure takes place in successive phases, the minimum deadline for receiving the initial offers is twenty-two days from the date of transmission of the invitation to submit offers. 5. The granting body communicates as soon as possible, and in any case within fifteen days, tenderers the decisions taken regarding the award, in particular the name of the tenderer to whom the contract was awarded, the reasons for rejecting the request to participate and the tender, as well as the reasons why it decided to not to award a contract for which a concession notice has been published or to restart the procedure. Upon request of the interested party, the granting body shall communicate as soon as possible, and in any case within fifteen days of receiving a written request, to each bidder who has submitted an eligible offer, the characteristics and relative advantages of the selected offer. 6. The granting body may decide not to disclose certain information referred to in paragraph 5 relating to the contract, if its dissemination hinders the application of the law, is contrary to the public interest, prejudices the legitimate commercial interests of economic operators or could cause harm to fair competition between these operators. EFFECTIVE FROM: 1 July 2023

Relazione

REPORT Article 184 regulates the deadlines for the receipt of applications or offers, as well as communications from the awarding body, in particular those aimed at informing tenderers of the decisio...

Commento

NEW • With a view to mutual responsibility and the provision of rules aimed at promoting a correct procedural, transparent and informed relationship between the parties involved, the rule ends (parag...
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