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Public procurement: failure to indicate labour costs in the SA forms prevents exclusion from the tender

  • 22/02/2024

The Regional Administrative Court of Calabria, Section I, in its judgment of 16 February 2024, no. 244, confirmed the policy of the Council of State (Section V, judgment 9.4.2020, no. 2350), according to which "the non-exclusion of the successful tenderer whose economic offer lacks an indication of the costs and labour costs is lawful in the event that the tender regulations have specified that the economic offer must be drawn up by following the special screens indicated by MePA, but the relevant space was reserved only for the discount offered, not allowing instead the inclusion of the company and labour costs".

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