Article 126. Acceleration penalties and rewards.

1. Procurement contracts provide for penalties for delays in the execution of contractual services by the contractor commensurate with the days of delay and proportional to the amount of the contract or contractual services. The penalties due for late fulfillment are calculated on a daily basis between 0.3 per thousand and 1 per thousand of the net contractual amount, to be determined in relation to the extent of the consequences linked to the delay, and cannot in any case exceed , overall, 10 percent of the said net contractual amount. 2. For works contracts, the contracting authority may provide in the notice or in the notice calling for tenders that, if the completion of the works occurs before the deadline contractually fixed, an acceleration bonus is recognized for each day of advance. The premium is determined on the basis of the same criteria established for the calculation of the penalty and is paid following approval by the contracting authority of the testing certificate, through use of the sums indicated in the economic framework of the intervention under the heading 'unforeseen events', within the limits of the resources available therein, provided that the execution of the works complies with the obligations undertaken. In the initial tender documents, the contracting authority may reserve the right to recognize an acceleration bonus determined on the basis of the aforementioned criteria even in the event that the contractual deadline is legitimately extended, if the completion of the works occurs in advance of the extended deadline. . The term referred to in the third period is calculated from the date originally foreseen in the contract. EFFECTIVE FROM: 1 July 2023

Relazione

REPORT Article 126 regulates the system of penalties, relating to the failure or incorrect fulfillment of contractual obligations, and rewards, aimed at encouraging the timely execution of public con...

Commento

NEW • For works contracts, the contracting authority may provide in the notice or notice calling for tenders that, if the works are completed ahead of the contractually set deadline, an acceleration ...
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