THE APPLICATION OF THE PRINCIPLE OF EQUALITY IN COMPETITIVE BIDDING DOES NOT ENTAIL THE RECOGNITION OF THE SAME POINTS TO ORIGINAL SPARE PARTS AND NON ORIGINAL (OR COMPATIBLE) SPARE PARTS
With a recent award (Cons. Stato, sez. III, 11/09/2017, n. 4275), the Italian Council of State established that in competitive bidding, the technical score assigned to non-original spare parts may be legitimately lower compared to the technical score assigned to original spare parts.
According to the Council of State, the application of the principles of equality and non-discrimination between manufacturers does not determine ex se the equality of devices having diverse origin and technology; by contrast to assign the technical score, the performance of each product shall be assessed case-by-case.
In the case at hand, the Council of State decided over the claim of an Italian company, seated in Udine, that contested the award rendered by the Administrative tribunal of Friuli Venezia Giulia (Tar Friuli Venezia Giulia) concerning the outcome of a competitive bidding for the supply of surgical instruments and tools.
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avv. Sondra Faccio