It established the Plenary Meeting of the Council of State that the comma 6 dell’art. 93 of legislative decree no.. 50 of the 2016 - in providing that the "provisional guarantee" accompanying the offer "covers the failure to sign the contract after the award due to any fact attributable to the contractor" - outlines a system of guarantees that refers only to the period between award and the contract and not even in the event of exclusion of the competitor in the period between the "award proposal" and the award (for example in case of exclusion due to lack of proof of the admission requirements).

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