Reasoned opinion to Italy: Technical assistance in the management of European Funds
The Piedmont region of Italy awarded in July 2001 a contract for technical assistance in the management of European funds, according to criteria incompatible with Directive 92/50/CEE. In line with the Directive, the contracting authority awarded the contract on the basis of what it considered the economically most advantageous tender. However, one of the criteria used in making this assessment was an evaluation of the composition of the working group proposed by the tenderer to manage the work concerned. The use of such a criterion at this stage of the tendering process breaches article 36 of the Directive. The composition and the ability of the working group can be assessed by the contracting authority only in the earlier stage of the qualification of the service providers. Those who have demonstrated their fitness for the task should be assessed according only to the quality of their offer, with the most economically advantageous tender being awarded the contract.