730.100
LCPUBBLMP
CH-TI
CH-TI
Art. 20 LCPubb Legge sulle commesse pubbliche (LCPubb)
LCPubb
Art. 20 LCPubb
[22] 1 Il committente esige dall’offerente la prova dell’idoneità finanziaria, economica e tecnica.
2 Il committente ha diritto, in ogni tempo, di verificare, far verificare e ottenere dall’offerente l’adempimento di tutti i requisiti richiesti dalla legge, dal bando e dal contratto.
3 Il Consiglio di Stato può fissare requisiti minimi di idoneità. [23]
[22] Art. modificato dalla L 10.4.2017; in vigore dal 1.1.2020 - BU 2019, 211.
[23] Cpv. modificato dalla L 22.11.2021; in vigore dal 1.3.2022 - BU 2022, 29.
Decisioni giudiziarie che applicano questa disposizione (42)
52.2010.132 · ti (art. 20 LCPubb)
Challenger v. Public Tender for Kitchen Equipment (Swiss Manufacture Requirement)
Cited among the provisions governing the decision, concerning suitability criteria, the violation of which led to the annulment.
52.2010.123 · ti (art. 20 LCPubb)
Public Contract Award Appeal Regarding Supplier Capacity
This article regarding the requirement for the contracting authority to establish suitability criteria was cited in the final disposition (implicitly via the enumerated list of cited articles) in the context of evaluating the appeal's substance.
52.2007.393 · ti (art. 20 LCPubb)
Enterprise Exclusion in Public Works Tender Over Executive Engineer Status
Cited among the provisions considered by the Tribunal regarding the ability of the contracting authority to demand proof of suitability.
52.2007.349 · ti (art. 20, 37 LCPubb)
Appeal Concerning Sewage Disposal Construction Contract Award Based on Cost and Reference Scoring
Cited in the preamble concerning general public procurement law, underpinning the decision to dismiss the appeal.
52.2007.248 · ti (art. 20 LCPubb)
Hydroelectric Regulation Study Mandate Award Annulment and Consortium Exclusions Review
Cited in the preamble (visti gli art.) but not explicitly used in the operative part (orders 1-3).
52.2007.75 · ti (art. 20 LCPubb)
Cantonal Road Maintenance Contract Award Upheld Despite Eligibility Challenge
Cited in the introductory list of applicable articles, relevant to technical and financial suitability requirements.
52.2007.49 · ti (art. 20 LCPubb)
Sanitary Contract Award Annulled for Ineffective Executive Member
Cited in the final orders, allowing the contracting authority to require proof of suitability (financial, economic, and technical).
52.2006.415 · ti (art. 20 LCPubb)
Bid Protest Over Insufficient Executive Engineer Involvement in Contract Award
Cited in the preamble to the dispositive, related to the requirement for proof of suitability (financial, economic, and technical) which was at the core of the dispute.
52.2006.345 · ti (art. 20 LCPubb)
Contractor Appeal Against Award to Lower Bidder for Glass Block Work Dismissed
This provision was cited in the preamble to the final orders as part of the basis for rejecting the appeal.
52.2006.153 · ti (art. 20 LCPubb)
Public Tender Challenge: Subcontracting Restriction in Soccer Field Construction
Cited in the preamble to the decision regarding the requirement for proof of suitability, which was relevant context for the final decision to reject the appeal.
52.2005.424 · ti (Art. 20 LCPubb)
Municipality's Tender Award Overturned Due to Missing Qualification and Omitted Award Criteria
This provision governs the criteria for awarding contracts, the violation of which formed a core basis for annulling the decision and procedure.
52.2005.335 · ti (art. 20 LCPubb)
Public Works Tender Restriction on Glazing Upheld Despite Procedural Irregularities
Cited in the preamble alongside other provisions used to ground the decision to reject the appeal.
52.2005.320 · ti (art. 20 LCPubb)
Facade Restoration Tender Lead Bidder Requirement Upheld
Cited in the preamble of the decision, relating to the criteria for bidder suitability.
52.2003.100 · ti (art. 20 LCPubb)
Contractor Exclusion from Paving Bid Upheld Due to Lacking Mandatory Technical Diploma
This article governs the right of the client to demand proof of financial, economic, and technical suitability, cited in the considerations of the case.
52.2003.67 · ti (art. 20 cpv. 2 LCPubb)
Sprinkler Contract Award Annulled Over Bidder Qualification
This article was used extensively in the reasoning (Consideration 3.2) to justify the need for the appealing party to demonstrate qualification, which ultimately led to the appeal being granted on other grounds, but it is NOT explicitly cited in the final orders (the dispositive starting with '1.'). Therefore, based strictly on the rules, it should be excluded.