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🏟️ Hybrid Turf & Public Procurement: The Principle of Equivalence between Results, Maintenance, and Liability

In this video, we delve into the delicate balance between technological innovation and regulatory frameworks in public works, with a specific focus on hybrid grass systems. Not all systems are created equal: we analyze why the *POWERgrass* system, thanks to its unique structural characteristics, defines a new standard that makes the application of the "principle of equivalence" for technically inferior products complex, if not impossible.

⚖️ The Principle of Result and Technical Equivalence

The new Procurement Code places the *Principle of Result* at the heart of administrative action. However, equivalence cannot be a generic self-certification of "functionality."

*Structural Elements:* We analyze why POWERgrass components are not overlapping with low-cost solutions.
*Life Cycle Costing (LCC):* True value is not the purchase price, but the total cost of ownership, including specialized maintenance and the heavy disposal costs at the end of the life cycle ("hidden costs").

⚠️ Administrative and Criminal Risks for DL and RUP

The superficial acceptance of "equivalent" variants that hide qualitatively inferior products exposes the Contracting Authority to serious risks:

1. *Fiscal Damage (Danno Erariale):* Courts of Auditors are increasingly attentive to purchases that generate anomalous maintenance costs or shorter lifespans than expected.
2. *Professional Liability:* The RUP (Responsible Project Officer) and the DL (Director of Works) are qualified professionals; invoking technical ignorance is not a valid defense in the face of illicit acts or distortions of the tender.
3. *Criminal Liability:* We analyze the consequences of choices that penalize the public interest in favor of an undue advantage for the contractor.

🏛️ Jurisprudence and Unfair Competition

We cite the most recent orientations of *Administrative Jurisprudence* on the principle of equivalence, clarifying that it can never translate into a violation of industrial property rights.

*Licenses and Patents:* Using products that attempt to bypass the POWERgrass patent without possessing its structural requirements constitutes market distortion and potential unfair competition.
*The Role of the RUP:* Today, the RUP has a duty to perform an in-depth verification: approving acts without solid technical foundations means failing the mandate of efficiency and cost-effectiveness.

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📌 In this video:

Intro: The hybrid turf market and current trends.
Technical analysis: Why POWERgrass is structurally superior.
Jurisprudence: The principle of equivalence according to the Council of State.
Economic impact: Maintenance and end-of-life (Hidden costs).
Liability of the RUP and DL: Avoiding fiscal damage.
Competition, Patents, and Industrial Property.

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*Official Website:* www.powergrass.it
*Technical Contacts:* powergrass@powergrass.it
*Technical Documentation:* https://docs.google.com/document/d/1g...

#POWERgrass #PublicProcurement #ProcurementCode #FiscalDamage #RUP #DirectorOfWorks #TechnicalEquivalence #SportsFacilities #Jurisprudence

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