39. Clauze nescrise. Aplicare specifică în procedura de evaluare a admisibilității ofertelor depuse în cadrul procedurii de achiziție publică
39. Unwritten clauses. A specific application in the procedure of assessment of the admissibility of the offers submitted in the tendering procedure

Summary/Abstract: Invoking the existence of certain unwritten clauses, with the specific application in the matter of public procurement, cannot be determined by the compliance with certain deadlines required by law to challenge the tender documentation or the documents to request clarifications communicated by the contracting authority to tenderers under the circumstances in which the purpose of such a regulation is just intended for the elimination of the application of such clauses assumed by the law as unwritten. The moment in which the existence of certain unwritten clauses is invoked is not relevant under the circumstances in which the contracting authority underpins the denial of an offer on the existence of certain unwritten clauses which, even officially, are not included in the data sheet/contract notice, but, they still lead to the denial of the offer as non compliant due to their non fulfilment.

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