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Italy Update: The principle of equivalence in tendering procedures

TAR Sicily-Palermo, judgment no. 743 of 9 March 2023

The Sicilian Regional Administrative Court reiterated that in the field of procurement there is the principle of equivalence, in relation to which tenders cannot be declared inadmissible if the tenderer has demonstrated that the proposed solutions comply in an equivalent manner with the requirements defined by the technical specifications. With regard to public tendering procedures, the principle of free competition operates, which precludes the admissibility of tenders whose object essentially corresponds to that required by the law on the tendering procedure.

By Quorum, Italy, a Transatlantic Law International Affiliated Firm. 

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