The “availment” is a recent legal institute, derived from European Union law: it allows an economic operator to participate in procedures for the award of public contracts even if it is not directly provided with certain eligibility requirements demanded by the contracting authority. Thus, by means of this institute, the same economic operator is allowed to demonstrate the availability of the technical and economic capacity of another entity, with the result that it will be able to carry out a work or perform a service which normally it could not do. This leads to innovative forms of cooperation between companies, and it aims to increase competition and to allow access of smaller companies to tenders for the award of works, supplies and services contracts which have a higher value compared to those that they normally perform. With the availment, in fact, is established an atypical pattern of integration between the activities of different companies; this could become one of the essential prerequisites for participation in tenders and execution of the related performances. In most cases, this integration comes from a private law contract, in which the positions and interests of the parties are opposed. This contract plays an important role equal to that of the more traditional models of cooperation, namely the associative model and the contracts with the communion of purpose - the last one is intended for both in a broad and in a strict sense. In conclusion, we are dealing with new forms of cooperation in the field of public procurement, without the creation of a common business structure and without many of the constraints arising from participation in a consortium or a network of businesses.

Articles 47 and 48 of European Directive 2004/18/EC Concerning The Award of Public Procurements: Agreements Between Entrepreneurs and Temporary Transfer of Requirements for Participation in Tenders in the Italian Legal System / DI MARTINO, Gaetano. - (2014), pp. 360-372.

Articles 47 and 48 of European Directive 2004/18/EC Concerning The Award of Public Procurements: Agreements Between Entrepreneurs and Temporary Transfer of Requirements for Participation in Tenders in the Italian Legal System

Gaetano, di martino
2014

Abstract

The “availment” is a recent legal institute, derived from European Union law: it allows an economic operator to participate in procedures for the award of public contracts even if it is not directly provided with certain eligibility requirements demanded by the contracting authority. Thus, by means of this institute, the same economic operator is allowed to demonstrate the availability of the technical and economic capacity of another entity, with the result that it will be able to carry out a work or perform a service which normally it could not do. This leads to innovative forms of cooperation between companies, and it aims to increase competition and to allow access of smaller companies to tenders for the award of works, supplies and services contracts which have a higher value compared to those that they normally perform. With the availment, in fact, is established an atypical pattern of integration between the activities of different companies; this could become one of the essential prerequisites for participation in tenders and execution of the related performances. In most cases, this integration comes from a private law contract, in which the positions and interests of the parties are opposed. This contract plays an important role equal to that of the more traditional models of cooperation, namely the associative model and the contracts with the communion of purpose - the last one is intended for both in a broad and in a strict sense. In conclusion, we are dealing with new forms of cooperation in the field of public procurement, without the creation of a common business structure and without many of the constraints arising from participation in a consortium or a network of businesses.
2014
9789984458922
Articles 47 and 48 of European Directive 2004/18/EC Concerning The Award of Public Procurements: Agreements Between Entrepreneurs and Temporary Transfer of Requirements for Participation in Tenders in the Italian Legal System / DI MARTINO, Gaetano. - (2014), pp. 360-372.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11588/719920
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