Article 36. Procedural and procedural rules regarding access.

1. The offer of the successful economic operator, the tender reports and the documents, data and information required for the award are made available through the digital procurement platform referred to in Article 25 used by the contracting authority or by the granting body, to all candidates and bidders not definitively excluded at the same time as the digital communication of the award pursuant to article 90. 2. Economic operators placed in the first five places in the ranking are made mutually available, through the same platform , the documents referred to in paragraph 1, as well as the offers presented by them. 3. In the communication of the award referred to in paragraph 1, the contracting authority or the granting body also acknowledges the decisions taken on any requests for obscuration of parts of the offers referred to in paragraphs 1 and 2, indicated by the operators pursuant to article 35, paragraph 4, letter a). 4. The decisions referred to in paragraph 3 may be appealed pursuant to article 116 of the procedural code administrative, referred to in Annex I to Legislative Decree 2 July 2010, n. 104, with an appeal notified and filed within ten days of the digital communication of the award. The intimate parties may appear within ten days of the notification of the appeal being made to them. 5. In the event that the contracting authority or the granting body deems the reasons for secrecy indicated by the tenderer pursuant to article 35 to be non-existent, paragraph 4, letter a), the display of the parts of the offer whose redaction has been requested is not permitted before the expiry of the deadline for appealing the decisions referred to in paragraph 4. 6. In the case referred to in paragraph 4 the contracting authority or the granting body may forward a report to the ANAC which may impose a pecuniary sanction in the amount established by article 222, paragraph 9, reduced by half in the case of payment within thirty days of the dispute, if there are repeated rejections of requests for blackout. 7. The appeal referred to in paragraph 4 is set ex officio for a hearing in chambers in compliance with deadlines equal to half of those referred to in Article 55 of the code referred to in Annex I to legislative decree no. 104 of 2010 and is decided at the same hearing with a simplified sentence, to be published within five days of the discussion hearing, and whose motivation may also consist of a mere reminder of the arguments contained in the writings of the parties that the judge intended to accept and make it their own. 8. The procedure and terms referred to in paragraphs 4 and 7 also apply in appeal proceedings. 9. The deadline for appealing the award and the admission and evaluation of offers other than the successful tender one starts in any case from the communication referred to in Article 90. EFFECTIVE FROM: 1 January 2024