La rotazione nei contratti pubblici sotto-soglia: un principio dai confini incerti

The principle of rotation must guide the contracting authorities during the
consultation phase with the different economic operators which have to be consulted
and invited to submit their tenders. The rotation is based on the need to prevent the
strengthening of the outgoing successful bidder’s advantage position, especially in the
markets where the number of economic operators is restricted.
Therefore, it is essential to avoid the award of a public procurement contract
without competition, which may also hamper the entrance of micro, small and mediumsized
enterprises in the market and to encourage the distribution of opportunities to
take part to a tendering procedure between the economic operators concerned. For
these reasons, the invitation both of the outgoing successful tenderer and the economic
operator which has merely been invited on the previous public tender is exceptional
and must be justified.