Article 37. Planning of works and purchases of goods and services.

1. The contracting authorities and granting bodies: a) adopt the three-year program of public works and the three-year program of purchases of goods and services. The programs are approved in compliance with the planning documents and in coherence with the budget and, for local authorities, according to the rules of economic-financial planning and accounting principles; b) approve the annual list which indicates the works to be started in the first annuality and specifies for each work the source of financing, allocated in the estimate or in the budget or otherwise available. 2. The three-year program of public works and the related annual updates contain the works, including complex ones and those to be carried out through concession or partnership public-private, the amount of which is estimated to be equal to or greater than the threshold referred to in article 50, paragraph 1, letter a). Works for an amount equal to or greater than the threshold of European relevance referred to in Article 14, paragraph 1, letter a), are included in the three-year list after approval of the feasibility document of the project alternatives and in the annual list after approval of the design guidance document. Ordinary maintenance works exceeding the threshold indicated in the second period are included in the three-year list even in the absence of the feasibility document of the project alternatives. The works, services and supplies to be carried out under direct administration are not included in the programming. 3. The three-year program of purchases of goods and services and the related annual updates indicate the purchases of an estimated amount equal to or greater than the threshold referred to in article 50 , paragraph 1, letter b). 4. The three-year program and the related annual updates are published on the institutional website and in the national database of public contracts. 5. This article does not apply to the planning of the activities of the aggregating entities and central purchasing bodies. 6. Annex I.5 defines: a) the standard schemes, the priority orders of the interventions, including the completion of the unfinished works and the carrying out of the planned and unstarted works, and the specification of financing sources; b) the conditions that allow the programming to be modified and to carry out an intervention or proceed with a purchase not foreseen in the annual list; c) the methods of connection with the planning of the activity of the aggregating entities and purchasing centers to which contracting authorities and granting bodies can delegate activities. 7. Upon first application of the code, Annex I.5 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to the article 17, paragraph 3, of law 23 August 1988, n. 400, by decree of the Minister of Infrastructure and Transport in agreement with the Minister of Economy and Finance, following the opinion of the Inter-ministerial Committee for Economic Planning and Sustainable Development (CIPESS), in agreement with the Unified Conference, which replaces in full also as an annex to the code. EFFECTIVE FROM: 1 January 2024

Relazione

REPORT Part III of Book I is dedicated to planning and is made up of four articles (articles 37 to 40). Article 37 regulates the planning of works and purchases of goods and services. Paragraph 1 p...

Commento

NEW • The planning of purchases of goods and services, from biennial, becomes three-yearly, in order to align it with the planning of works. A reference to the accounting principles referred to in th...
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