Article 54. Automatic exclusion of anomalous offers.

1. In the case of awarding, with the lowest price criterion, works or service contracts for an amount lower than the thresholds of European relevance which do not present a certain cross-border interest, the contracting authorities, in derogation of the provisions of the article 110, provide in the tender documents for the automatic exclusion of offers that are anomalous, if the number of admitted offers is equal to or greater than five. The first period does not apply to the assignments referred to in article 50, paragraph 1, letters a) and b). In any case, the contracting authorities may evaluate the adequacy of any other offer which, based on specific elements, appears abnormally low. 2. In the cases referred to in paragraph 1, first sentence, the contracting authorities indicate the method in the tender documents. for the identification of anomalous offers, chosen from those described in Annex II.2, or they select it during the evaluation of the offers by drawing lots among the compatible methods of Annex II.2. 3. Upon first application of the code, Annex II.2 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law no. 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, following the opinion of ANAC, which replaces it entirely also as an annex to the code. EFFECTIVE FROM: 1 July 2023

Relazione

REPORT Article 54 identifies the cases of applicability of the automatic exclusion of anomalous offers in the awarding of "sub-threshold" contracts with the lowest price criterion. In such cases, the...

Commento

NEW • Under the threshold, the automatic exclusion of anomalous offers is foreseen, which applies in the presence of all the following conditions: - the award must take place with the lowest price c...
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