Anomalous offers in tenders
The regional regulation requiring the submission of justifications in the case of an "anomalous" bid must be implicitly repealed due to its incompatibility with the Public Procurement Code (Legislative Decree no. 163/06). This was established by the Lecce Regional Administrative Court (TAR) in a recent ruling. Specifically, with the aforementioned ruling, the Salento judges upheld the appeal filed against the exclusion from a tender for the awarding of works, determined by the appellant company's failure to submit the so-called justifications along with the (anomalous) bid, despite the tender document providing for the automatic exclusion of anomalous bids, citing Article 122, paragraph 9, of the Public Procurement Code.
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