Public procurement notice: Contract Award Notice
Published: 2021-04-14
Buyer: Comando Generale dell'Arma dei Carabinieri — Centro Unico Contrattuale
Country: IT
Contract type: Services
Procedure: Open procedure
CPV classification: 71350000
Award criteria: The most economic tender

Technical requirements: Assignment of the Professional Assignment Aimed at Verifying the Seismic Vulnerability of the Buildings of the ‘O. De Tommaso’ in Rome
Professional assignment that is intended to be entrusted as services relating to architecture and engineering pursuant to art. 3, co. 1, let. vvvv) of Legislative Decree no. 50/2016 ‘architecture and engineering services and other technical services’ (services reserved for economic operators exercising a regulated profession pursuant to art. 3 of Directive 2005/36 / EC), relating to the ‘Seismic safety/vulnerability assessment’.
Pursuant to art. 8 of the D. L. n. 76 of 16 July 2020, converted into law with amendments with Law No 120 of 11 September 2020.
Assignment of the Professional Assignment Aimed at Verifying the Seismic Vulnerability of the Buildings of the ‘O. De Tommaso’ in Roma
1) It should be noted that, with decree No 268 R.U.A. on 16 March 2021, the competent authority canceled in self-defense the determination to contract No 837 R.U.A. on 3 August 2020, following which the call for tenders relating to the procedure in question was published.
(a) Annex III of the assignment specification annexed to the announcement provides for the following selection criteria:
— forecast of the calculation of the remuneration to be paid to the successful bidder established on the basis of the criteria set out in the O.P.C.M. n. 3362/2004.
(b) with the complaint acquired by the A.N.AC with prot. 77309 on 19 October 2020 the Foundation of Architects and Engineers enrolled INARCASSA reported, in relation to a similar tender procedure, the alleged irregularity of the aforementioned selection criteria;
(c) the A.N.AC., with resolution No 95 of 3 February 2021, determined ‘the non-compliance of the procedures under analysis with the provisions of Articles 95 and 24 paragraph 8 of Legislative Decree no. 50/2016, as well as the indications referred to in the ANAC Guidelines No 1 and 2, given the illegality of the clause that provides for a maximum discount limit, as well as the provision of additional services as elements for evaluating the technical offer, the non-compliance with the principle of fair compensation and the use of calculation professional remuneration other than those provided for by the law’;
(d) the defects found by the A.N.AC invalidate this procedure and paragraph VI.3), let. k) of the announcement expressly provides for the right to "revoke" the tender with justification;
(e) the combined provisions of Articles 21-octies and 21-nonies of Law No 241/1990 provides that the administrative measure adopted in violation of the law can be canceled ex officio, provided there are reasons of public interest;
(f) the selection board, appointed for this purpose, has not yet evaluated the technical and economic offers submitted by the attending economic operators.
3) Therefore, having acknowledged that the aforementioned provision was determined by the fact that what was found by the A.N.AC identifies a ‘concrete and current public interest’, we inform you that the procedure in question is canceled.
30 days from notification or actual knowledge of the award, to appeal to the competent Regional Administrative Court of Lazio, Rome office.