Art. 36. Below-threshold contracts

1. The award and execution of works, services and supplies for an amount less than the thresholds set out in Article 35 shall take place in accordance with the principles set out in Articles 30, paragraph 1, 34 and 42, as well as in accordance with the principle of rotation of invitations and awards and in a way to ensure the effective possibility for participation to micro­enterprises and small and medium enterprises. Contracting authorities or entities may, also, apply the provisions set out in Article 50.

2. Without prejudice to what provided for in Articles 37 and 38 and without prejudice to the possibility to use ordinary procedures, contracting authorities or entities shall proceed to the award of works, services and supplies for an amount lower than the thresholds set out in Article 35, according to the following modalities:

a) for awards whose amount is less than € 40,000, by means of direct award also without prior consultation of two or more economic operators or for works in direct administration;

b) for awards whose amount is equal to or exceeds € 40,000 and less than € 150,000 for works, or to the thresholds set out in Article 35 for supplies and services, by means of negotiated procedure with prior consultation, where existing, of at least ten economic operators for works and, for services and supplies, of at least five economic operators identified on the basis of market analyses or lists of economic operators, in accordance with a criterion of rotation of invitations. Works may be executed also in direct administration, without prejudice to the purchase or lease of equipments, for which the negotiated procedure with prior consultation as referred to in the previous period shall apply. The notice on the results of the award procedures shall contain also the indication of the invited subjects;

c) for works whose amount is equal to or exceeds € 150,000 and less than € 1 million, by means of a negotiated procedure with consultation of at least 15 economic operators, where existing, and in accordance to a criterion of rotation of invitations, identified on the basis of market analyses or lists of economic operators. The notice on the results of the award procedure shall contain indication also of the invited subjects:

d) for works whose amount is equal to or exceeds € 1 million by means of the ordinary procedures without prejudice to what provided for in Article 95, paragraph 4, letter a).

3. For the award of public works as referred to in Article 1, paragraph 2, letter e) of this Code, relating to the town-planning works deducted for amounts less than those referred to in Article 35, the provisions set out in paragraph 2 shall apply.

4. In case of primary town-planning works whose amount is less than the threshold set out in Article 35, paragraph 1, letter a), calculated according to the provisions in Article 35, paragraph 9 that are functional to the intervention of urban transformation of the area, Article 16, paragraph 2-bis of the Presidential Decree n. 380 of 6 June 2001 shall apply.

5. In cases in which the contracting authority or entity has used the negotiated procedures as referred to in paragraph 2, the verification of the requirements shall take place on the contractor. However, the contracting authority or entity may extend the verifications to other participants. Contracting authority or entity shall verify the possession of the economic and financial requirements, as well as technical and financial requirements, where required in the letter of invitation.

6. For the conduct of the procedures in this Article contracting authorities or entities may proceed through an electronic market allowing computerized purchases on the basis of a system operating procedures for the selection of the contractor entirely managed by electronic means. The Ministry of Economics and Finances, relying on CONSIP S.p.A., shall make available for contracting authorities or entities the electronic market of public administrations.

6-bis. In the electronic markets referred to in paragraph 6, for awards whose amount is less than € 40,000, the verification on the absence of the grounds of exclusion set out in Article 80 shall be made on a significant sample during the admission and permanence phase, by the subject responsible for the admission to the electronic market. This is without prejudice to the verification on the contractor pursuant to paragraph 5.

7. ANAC, by means of guidelines, to be adopted within 90 days from the entry into force of this Code, shall establish detailed modalities to support contracting authorities and entities and improve the quality of procedures referred to in this Article, of market analyses, as well as for the redaction and management of the lists of economic operators. In the abovementioned guidelines, specific modalities of rotation of invitations and awards and of implementation of verifications on the selected contractor without conduction of a negotiated procedures shall be indicated, together with modalities of performing the invitations where the contracting authority or entity intends to rely on the faculty of excluding anomalous bids. Until the adoption of those guidelines, Article 216, paragraph 9 shall apply. see Guideline ANAC no. 4: Resolution no. 206 of March 1, 2018, published in the Italian Official Gazette, General Series no. 69 of March 23, 2018 concerning: Procedures for the award of public contracts having an amount below the EC thresholds, market investigations, implementation and management of the lists of the economic operators.

8. Public undertakings and those subjects holding special and exclusive rights for work, supply and service contracts for an amount less than the EU threshold, falling within the scope of Articles 115 to 121, shall apply the rules contained in their respective regulations, which, however, shall be in accordance with the principles contained in the EU Treaty on the safeguard of competition.

9. In case of use of ordinary procedures, in accordance with the principles contained in Article 79, the minimum time limits set out in Articles 60 and 61 may be reduced up to half. Calls and notices shall be published on the buyer's profile of the contracting authority or entity and on the digital platform of tenders managed by ANAC as referred to in Article 73, paragraph 4, with the effects provided by paragraph 5 of that Article. Until the date in Article 73, paragraph 4, for the juridical effects connected to the publication, calls and notices for contracts relating to works whose amount is equal to or exceeds € 150,000 and for contracts relating to supplies and services shall also be published in the Official Journal of the Italian Republic, special series on public contracts; to the same effects, calls and notices for contracts relating to works whose amount is less than € 150,000 shall be published in the official notice board of the municipality where the works are executed.