Article 95. Causes for non-automatic exclusion.

1. The contracting authority excludes an economic operator from participation in the procedure if it ascertains: a) there are serious infringements, duly ascertained by any appropriate means, of the regulations on health and safety at work as well as obligations on environmental, social and of labor established by European and national legislation, collective agreements or international provisions listed in Annex a situation of conflict of interest referred to in Article 16 which cannot be resolved otherwise; c) there is a distortion of competition resulting from the previous involvement of economic operators in the preparation of the procurement procedure which cannot be resolved with less intrusive measures; d ) there is significant evidence such as to suggest that the bids of the economic operators are attributable to a single decision-making center due to agreements entered into with other economic operators participating in the same tender; e) that the bidder has committed a serious professional offence, such to make its integrity or reliability doubtful, demonstrated by the contracting authority with adequate means. Article 98 indicates, in a peremptory manner, the serious professional offences, as well as the adequate means to demonstrate the same. 2. The contracting authority also excludes an economic operator if it believes that the same has committed serious violations of the obligations not definitively ascertained relating to the payment of taxes and duties or social security contributions. Those indicated in Annex II.10 constitute serious violations not definitively ascertained in tax matters. In any case, the severity must also be assessed taking into account the value of the contract. This paragraph does not apply when the economic operator has complied with its obligations by paying or committing itself in a binding manner to pay the taxes or social security contributions due, including any interest or penalties, or when the tax or social security debt is in any case fully extinguished, provided the settlement, payment or commitment has been completed before the deadline for submitting the offer, or in the case in which the economic operator has offset the tax debt with certified credits claimed from the public administration. 3 With reference to the cases referred to in paragraph 3, letter h) of article 98, exclusion is not provided for and the prohibition on awarding does not apply when: a) the crime has been decriminalised; b) rehabilitation has occurred; c) in cases of conviction to a perpetual accessory sentence, this has been declared extinguished pursuant to article 179, seventh paragraph, of the penal code; d) the crime has been declared extinguished after the conviction; e) the conviction has been revoked. EFFECTIVE: July 1, 2023