shows no correlation between the administration's decision to choose the offer of the Independent Insurance and the provision of compensation in favor of the broker.
An examination of the selection process for the contractor not apparent, even presumptively or indirectly, the alleged interference of the technical evaluation made by a broker, also considering that the typical role of this professional is precisely given by technical assistance in favor of the customer.
It is particularly important in this regard, the fact, emphasized by the TAR, that the tender selected "provides for the recognition of compensation to BROKER INSURANCE" and that "precisely Broker ATV insurance advised to refuse. "
from a reading of the minutes notice, in fact, shows no correlation between the administration's decision to choose the offer of the Catholic Society and the provision of compensation in favor of the broker. Nor, above all, explicit acts can be found from which it is possible to infer that the broker intended to unlawfully influence the choice made by the administration.
In this context, do not take decisive weight to the argument articulated by the parties appealed to the effect that, the Commission, composed of an equal number of members, would, in fact, "integrated" by the broker.
taken from the Decision number 1433 of the 'March 8, 2011 issued by the State Council
0 comments:
Post a Comment