Avvalimento

Avvalimento is a mechanism used in Italian public procurement that allows a bidder to rely on the professional qualifications, technical resources, or financial means of another entity, known as the avvalente, to meet mandatory participation requirements for a contract. It enables a bidder to demonstrate the capacity to perform the contract even if some requisites are not directly possessed by the bidder itself.

The legal basis for avvalimento is found in the Codice dei contratti pubblici (Legislative Decree 50/2016) and its implementing provisions. Avvalimento can be used to satisfy various criteria related to the bidder’s professional qualifications, technical capacity, and economic and financial standing. It is intended to facilitate participation in public tenders while ensuring that the contracting authority can assess the actual ability to execute the work.

In practice, the bidder submits an avvalimento declaration, often accompanied by a formal letter from the avvalente. This document states that the necessary resources—such as personnel with specific qualifications, equipment, or organizational capacity—will be made available to the bidder for the duration of the contract and within its scope. The avvalente remains responsible for providing the agreed resources, while the bidder retains overall responsibility for contract performance and compliance.

Several safeguards govern avvalimento: the avvalente must not have conflicting interests with the contracting authority, and the resources must be genuinely available and appropriately allocated. Misuse or false declarations can lead to exclusion from the procurement process, civil liability, or contract termination. Avvalimento is commonly used in complex or specialized procurement where internal capacity is insufficient, but it must be applied transparently and within the contract’s defined limits.