Osborne Clarke advised the Regional Council of Sardinia in proceedings brought by an economic operator before the National Anti-Corruption Authority (ANAC), which concluded with a pre-litigation opinion issued in favour of the Regional Council.
In particular, accepting the defence formulated on behalf of the Regional Council, ANAC, in its opinion dated 27 February 2023, no. 1337, clarified that the determination of the requirements for participation in a tender procedure - even where particularly stringent - falls within the discretionary power of the Contracting Authority, provided (as was the case here) that they are in line with a specific public interest. Moreover, the Authority highlighted that the consultation of a single economic operator does not preclude the performance of a negotiated procedure without a call for open tender where - following a call for expressions of interest - it is ascertained that there are no further competitors in the reference market that meet the specific requirements requested at the time of the prior investigations of the market
Osborne Clarke's team was composed of partner Giorgio Lezzi and senior lawyer Federico Milani.
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