730.100
LCPUBBLMP
CH-TI
CH-TI
Art. 26 LCPubb Legge sulle commesse pubbliche (LCPubb)
LCPubb
Art. 26 LCPubb
[36] 1 Gli offerenti devono inoltrare la loro offerta per iscritto, in modo completo e tempestivo e utilizzando i documenti di gara ufficiali messi a disposizione dal committente.
2 Il committente esclude dalla procedura le offerte tardive o quelle che presentano lacune formali rilevanti.
[36] Art. modificato dalla L 10.4.2017; in vigore dal 1.1.2020 - BU 2019, 211.
Decisioni giudiziarie che applicano questa disposizione (96)
52.2023.407 · ti (art. 26 cpv. 1 della legge sulle commesse pubbliche del 20 febbraio 2001 (LCPubb))
Tender Exclusion Based on Partial Offer and Flawed Specifications
Cited in the reasoning to outline the general requirement for complete and compliant offers.
52.2022.252 · ti (art. 26 cpv. 1 LCPubb)
Municipal Contract Award Based on Vehicle Ownership Requirement
Cited in connection with the requirement for offers to be complete and compliant at the time of opening.
52.2022.140 · ti (art. 26 cpv. 1 LCPubb)
Public Works Contract Award: Excessive Formalism in Bid Exclusion
Cited in the reasoning to explain the general duty of tenderers to submit complete offers.
52.2022.140 · ti (art. 26 cpv. 2 LCPubb)
Public Works Contract Award: Excessive Formalism in Bid Exclusion
Cited in the reasoning regarding the exclusion of offers with significant formal deficiencies.
52.2021.513 · ti (art. 26 cpv. 1 LCPubb)
Bidder Challenge to Public Contract Award Based on Technical Evaluation and Non-Compliant Base Offer
Cited regarding the requirement for offers to be complete and compliant upon opening (in reasoning context).
52.2021.516 · ti (art. 26 cpv. 2 LCPubb)
Bidder Exclusion Overturned Due to Misleading Tender Address
Although the decision ultimately overruled the application of this provision due to formal defects in the tender documents, the underlying exclusion of the appealant was based on it and the court's decision implies a review of its application.
52.2020.396 · ti (art. 26 cpv. 1 LCPubb)
Appellant Exclusion Upheld Despite Unfairness to Competitor in School Canteen Tender
Cited as part of the legal basis requiring offers to be complete and filled out entirely, justifying the exclusion of the appellant's offer.
52.2019.629 · ti (art. 26 cpv. 1 LCPubb)
Contractor Appeal: Annulment of Municipal Waste Bag Contract Award Over Missing Certification and Non-Compliant Specifications
Cited in the reasoning section regarding the general requirement for offers to be complete and compliant.
52.2018.398 · ti (art. 26 cpv. 1 LCPubb)
Tender Exclusion Upheld, Contract Award Overturned for Missing Labor Declaration Requiring Final Remedial Deadline
Cited to establish the general requirement for submitting complete written offers.
52.2017.373 · ti (art. 26 cpv. 1 LCPubb)
Public Contract Award Annulled Due to Bidder Misrepresentation of Vehicle Ownership
Cited in the reasoning (point 2.2) regarding the requirement for written, complete, and timely offers, supporting the finding that CO 1's offer was non-compliant, justifying the annulment of the award in order 1.
52.2015.239 · ti (art. 26 cpv. 1 LCPubb)
Consortium Exclusion from Public Tender Due to Non-Compliant Rate Calculation and Submission Irregularities
Cited in considerations 3 and 4 as the rule requiring offers to be submitted in writing, complete, and timely.
52.2015.251 · ti (Art. 26 cpv. 1 LCPubb)
Bidder Exclusion Annulled for Zero-Cost Notation in Public Works Contract
Cited to recall the general requirement for offers to be complete and written.
52.2015.77 · ti (Art. 26 cpv. 1 LCPubb)
Exclusion from Public Works Contract Upheld Due to Undisclosed Subcontracting and Contribution Arrears
Cited regarding the requirement that an offer must be clear, complete, and comply with tender specifications, justifying exclusion for incompleteness regarding subcontracting.
52.2012.387 · ti (art. 26 cpv. 1 LCPubb)
Appeal Against Tender Exclusion and Annulment of Award Based on Discriminatory Application of Scheduling Requirements
Cited in the reasoning to establish the general requirement for complete offers.
52.2012.306 · ti (art. 26 cpv. 1 LCPubb)
Construction Contract Award Re-evaluation Due to Missing Program Documentation
Cited in the reasoning regarding the requirement for complete offers, but not explicitly cited in the dispositive orders.