• LEGISLATIVE DECREE 31 MARCH 2023, N. 36

    PUBLIC CONTRACTS CODE IMPLEMENTING ARTICLE 1 OF LAW 21 JUNE 2022, N. 78, CONTAINING DELEGATION TO THE GOVERNMENT REGARDING PUBLIC CONTRACTS.

    (ITALIAN PUBLIC CONTRACT CODE - ENGLISH VERSION)
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  • Source, changes and updates

    (GU General Series n.77 of 03/31/2023 - Ordinary Supplement n. 12) Entry into force of the provision: 04/01/2023 - amended to the art. 108.7 from the art. 2.1 of the DECREE-LAW 29/5/2023, No. 57, in the Official Gazette n.124 of 29/5/2023, in force from: 30/5/2023 (awaiting conversion] but effective from 1/7/2023 ; - amended to art. 108.7 by art. 6.2bis of LAW 3/7/2023, no. 87, in Official Gazette 05/07/2023 no. 155, in force from 06/07/2023, conversion of DECREE-LAW 10/5/2023 n. 51
  • Preamble

    THE PRESIDENT OF THE REPUBLIC Having seen articles 76 and 87 of the Constitution; Having seen article 14 of law 23 August 1988, n. 400; Having regard to Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts; Having regard to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC; Having regard to Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement procedures by entities operating in the water, energy, transport and postal services sectors and repealing the Directive 2004/17/EC; Having seen the law of 24 December 2012, n. 234, containing «General rules on the participation of Italy in the formation and implementation of the legislation and policies of the European Union»; Having seen the legislative decree of 18 April 2016, n. 50, containing «Public contracts code»; Having seen the law of 21 June 2022, n. 78, containing «Delegation to the Government regarding public contracts»; Having seen, in particular, article 1, paragraph 4, of the aforementioned law of 21 June 2022, n. 78, which provides that the Government can avail itself of the faculty referred to in article 14, number 2, of the consolidated text of the laws on the Council of State, referred to in the royal decree of 26 June 1924, n. 1054; Having seen the note dated 28 June 2022 with which the President of the Council of Ministers entrusted the formulation of the draft legislative decree regulating public contracts to the Council of State, pursuant to article 1, paragraph 4, of the law 21 June 2022, n. 78; Having seen the decree of the President of the Council of State dated 4 July 2022, with which the formulation of the said project was referred to a special commission and its composition was established; Having seen the outline of the “Public Contracts Code implementing article 1 of law 21 June 2022, n. 78, containing «Delegation to the Government regarding public contracts»”, drawn up by said special commission and transmitted to the Government by the Council of State on 27 October 2022 - 7 December 2022; Having seen the preliminary resolution of the Council of Ministers, adopted at the meeting of 16 December 2022; Having acquired the opinion of the Unified Conference referred to in article 8 of the legislative decree of 28 August 1997, n. 281, rendered on 26 January 2023; Having acquired the opinions of the competent commissions of the Chamber of Deputies and the Senate of the Republic; Having seen the resolution of the Council of Ministers, adopted at the meeting of ...; On the proposal of the President of the Council of Ministers and the Minister of Infrastructure and Transport, in agreement with the Ministers for European Affairs, the South, cohesion policies and the PNRR, for institutional reforms and regulatory simplification, for disability, foreign affairs and international cooperation, interior, justice, defence, economy and finance, business and Made in Italy, environment and energy security, work and social policies, and culture; ISSUES the following legislative decree:

  • BOOK I - OF PRINCIPLES, OF DIGITALIZATION, OF PROGRAMMING, OF DESIGN



  • PART I OF THE PRINCIPLES



  • TITLE I - THE GENERAL PRINCIPLES


  • Article 1. Principle of result.

    1. The contracting authorities and the granting bodies pursue the result of the awarding of the contract and its execution with the maximum timeliness and the best possible relationship between quality and price, in compliance with the principles of legality, transparency and competition. 2. The competition between economic operators is functional to achieving the best possible result in awarding and executing contracts. Transparency is functional to maximum simplicity and speed in the correct application of the rules of this decree, hereinafter referred to as the "code" and ensures full verifiability. 3. The principle of result constitutes the implementation, in the sector of public contracts, of the principle of good performance and the related principles of efficiency, effectiveness and cost-effectiveness. It is pursued in the interest of the community and for the achievement of the objectives of the European Union. 4. The principle of the result constitutes a priority criterion for the exercise of discretionary power and for the identification of the rule of the concrete case, as well as for: a) evaluate the responsibility of personnel who carry out administrative or technical functions in the planning, design, awarding and execution phases of contracts; b) assign incentives according to the methods established by collective bargaining. EFFECTIVE FROM: 1 July 2023
  • Article 2. Principle of trust.

    1. The attribution and exercise of power in the sector of public contracts is based on the principle of mutual trust in the legitimate, transparent and correct action of the administration, its officials and economic operators. 2. The principle of trust promotes and enhances the initiative and decision-making autonomy of public officials, with particular reference to the evaluations and choices for the acquisition and execution of services according to the result principle. 3. As part of the activities carried out in the phases planning, planning, assignment and execution of contracts, for the purposes of administrative liability, the violation of legal provisions and administrative self-restraints constitutes serious negligence, as well as the clear violation of rules of prudence, expertise and diligence and the omission of precautions , checks and preventive information normally required in administrative activity, as they are payable to the public agent based on specific skills and in relation to the specific case. The violation or omission determined by reference to prevailing jurisprudential guidelines or opinions of the competent authorities does not constitute serious negligence. 4. To promote trust in the legitimate, transparent and correct action of the administration, the contracting authorities and the granting bodies adopt actions for insurance coverage of risks for personnel, as well as to requalify contracting authorities and to strengthen and give value to the professional skills of employees, including the training plans referred to in article 15, paragraph 7. EFFECTIVE FROM: 1 ° July 2023
  • Article 3. Principle of market access.

    1. Contracting authorities and granting bodies shall, in accordance with the methods indicated by the code, encourage access to the market for economic operators in compliance with the principles of competition, impartiality, non-discrimination, publicity and transparency and proportionality. EFFECTIVE FROM: July 1, 2023
  • Article 4. Interpretative and application criterion.

    1. The provisions of the code are interpreted and applied based on the principles set out in articles 1, 2 and 3. EFFECTIVE FROM: 1 July 2023
  • Article 5. Principles of good faith and protection of trust.

    1. In the tender procedure, contracting authorities, granting bodies and economic operators behave mutually in compliance with the principles of good faith and protection of expectations. 2. Within the tender procedure, even before the award , there is a reliance on the economic operator on the legitimate exercise of power and on the conformity of administrative behavior with the principle of good faith. 3. In the event of an award annulled following an appeal by a third party or in self-defense, the awarding party is not considered blameless if the illegitimacy is easily detectable on the basis of the professional diligence required of the competitors. In cases where the award is not due, the damage from breach of trust is limited to the economic prejudice actually suffered and proven, deriving from the interference of the incorrect behavior on the contractual choices of the economic operator. 4. For the purposes of the action of compensation from the contracting authority or the granting body condemned to pay compensation for damages in favor of the pre-terminated third party, the concurrent responsibility of the economic operator who obtained the illegitimate award through illicit behavior remains unchanged. EFFECTIVE FROM: 1st July 2023
  • Article 6. Principles of solidarity and horizontal subsidiarity. Relations with third sector bodies.

    1. In implementation of the principles of social solidarity and horizontal subsidiarity, the public administration can prepare, in relation to activities with a strong social value, organizational models of shared administration, free of synallagmatic relationships, based on the sharing of the administrative function with the bodies of the Third sector referred to in the Third Sector Code referred to in Legislative Decree 3 July 2017, n. 117, provided that they contribute to the pursuit of social objectives under conditions of equal treatment, in an effective and transparent manner and based on the principle of results. The institutions governed by Title VII of the Third Sector Code, referred to in Legislative Decree no., do not fall within the scope of this code. 117 of 2017. EFFECTIVE FROM: 1 July 2023
  • Article 7. Principle of administrative self-organization.

    1. Public administrations autonomously organize the execution of works or the provision of goods and services through self-production, outsourcing and cooperation in compliance with the provisions of the code and European Union law. 2. The contracting authorities and granting bodies may directly entrust works, services or supplies to in-house companies, in compliance with the principles referred to in articles 1, 2 and 3. Contracting authorities and granting bodies shall adopt a reasoned provision for each assignment in which they give account of the advantages for the community, the related externalities and the economic congruity of the service, also in relation to the pursuit of objectives of universality, sociability, efficiency, cost-effectiveness, quality of the service, speed of the procedure and rational use of public resources. In the case of instrumental services, the measure is considered sufficiently motivated if it takes into account the advantages in terms of cost-effectiveness, speed or pursuit of strategic interests. The cost-effectiveness advantages can also emerge through comparison with the reference standards of the Consip Spa company and other central purchasing bodies, with the official parameters developed by other national or foreign regional bodies or, failing that, with market standards. 3. The in-house awarding of services of general economic interest at a local level is governed by Legislative Decree 23 December 2022, n. 201. 4. Cooperation between contracting stations or granting entities aimed at pursuing objectives of common interest does not fall within the scope of application of the code when all the following conditions concur: a) occurs exclusively between two or more contracting stations or entities grantors, even with different skills; b) guarantees the effective participation of all parties in carrying out tasks functional to the activity of common interest, in an exclusively collaborative perspective and without any synallagmatic relationship between services; c) determines a convergence synergy on activities of common interest, despite the possible diversity of the aim pursued by each administration, provided that the agreement does not tend to achieve the institutional mission of only one of the adhering administrations; d) the participating contracting authorities or granting bodies perform on the market less than 20 percent of the activities involved in the cooperation are open. EFFECTIVE: July 1, 2023
  • Article 8. Principle of contractual autonomy. Prohibition of free intellectual work.

    1. In pursuing their institutional purposes, public administrations are endowed with contractual autonomy and can conclude any contract, even free of charge, without prejudice to the prohibitions expressly provided for by the code and other legal provisions. 2. The performance of intellectual work cannot be provided by professionals free of charge, except in exceptional cases and subject to adequate justification. Except in the aforementioned exceptional cases, the public administration in any case guarantees the application of the principle of fair compensation. 3. Public administrations can receive by donation goods or services that meet the public interest without obligation to tender. The provisions of the civil code regarding the form, revocation and action to reduce donations remain unchanged. EFFECTIVE FROM: 1 July 2023
  • Article 9. Principle of preservation of contractual balance.

    1. If extraordinary and unforeseeable circumstances arise, extraneous to normal risk, ordinary economic fluctuation and market risk and such as to significantly alter the original balance of the contract, the disadvantaged party, who has not voluntarily assumed the relevant risk , has the right to renegotiation of the contractual conditions in good faith. The costs for the renegotiation are recognized to the executor based on the available sums indicated in the economic framework of the intervention, under the unexpected items and provisions and, if necessary, also using the auction discount economies. 2. In the context of the resources identified in paragraph 1, the renegotiation is limited to restoring the original balance of the contract subject to the award, as resulting from the notice and the award provision, without altering its economic substance. 3. If the circumstances referred to in paragraph 1 render the service, partially or temporarily, useless or unusable for one of the contractors, the latter has the right to a proportional reduction of the consideration, according to the rules of partial impossibility. 4. The contracting authorities and the granting bodies favor the inclusion of renegotiation clauses in the contract, publicizing them in the notice or in the notice calling for tenders, especially when the contract is particularly exposed due to its duration, the economic context of reference or other circumstances, to the risk of interference from contingencies . 5. In application of the principle of maintaining contractual balance, the provisions of articles 60 and 120 apply. EFFECTIVE FROM: 1 July 2023
  • Article 10. Principles of mandatory nature of the causes of exclusion and maximum participation.

    1. Public contracts are not entrusted to economic operators for whom the existence of causes of exclusion expressly defined by the code has been ascertained. 2. The causes of exclusion referred to in articles 94 and 95 are mandatory and legally integrate the notices and letters of invitation; the clauses which provide for further causes of exclusion are null and void and are considered not to have been applied. 3. Without prejudice to the necessary qualification requirements for the exercise of the professional activity, contracting authorities and granting bodies may introduce special requirements of an economic-financial nature and technical-professional, relevant and proportionate to the object of the contract, keeping in mind the public interest in the largest number of potential competitors and favoring, provided that it is compatible with the services to be acquired and with the need to achieve economies of scale functional to the reduction of public spending, access to the market and the possibility of growth of micro, small and medium-sized enterprises. EFFECTIVE FROM: 1 July 2023
  • Article 11. Principle of application of national sector collective agreements. Contribution defaults and late payments.

    1. The national and territorial collective agreement in force for the sector and for the area in which the work is carried out, stipulated by the associations of employers and workers who are comparatively more representative on a national level and the one whose scope of application is strictly connected with the activity covered by the contract or concession carried out by the company, even predominantly. 2. In the notices and invitations, the contracting authorities and the granting bodies indicate the collective agreement applicable to the employees employed in the contract or concession, in compliance with paragraph 1. 3. The economic operators may indicate in their offer the different collective agreement they apply, provided that it guarantees the employees the same protections as that indicated by the contracting authority or the granting body. 4. In the cases referred to in paragraph 3, before proceeding with the assignment or award, the contracting authorities and the granting bodies acquire the declaration with which the identified economic operator undertakes to apply the national and territorial collective agreement indicated in the execution of the services covered by the contract for its entire duration, or the declaration of equivalence of protections. In the latter case, the declaration is also verified with the methods set out in article 110. 5. The contracting authorities and granting bodies ensure, in all cases, that the same regulatory and economic protections are guaranteed to workers in subcontracting. 6. In the event of contributory non-compliance resulting from the single contribution regularity document relating to personnel employed by the contractor or the subcontractor or by the subjects holding subcontracts and piece work, employed in the execution of the contract, the contracting authority withholds from the certificate of payment of the amount corresponding to the default for the subsequent direct payment to social security and insurance bodies, including, in the works, the construction fund. In any case, a withholding of 0.50 percent is applied to the progressive net amount of the benefits; withholdings can only be released at the time of final settlement, after approval by the contracting authority of the testing or conformity verification certificate, following issuance of the single document of contributory regularity. In case of delay in the payment of the salaries due to the personnel referred to in the first period, the sole manager of the project invites in writing the defaulting party, and in any case the contractor, to do so within the following fifteen days. If the validity of the request has not been formally and justifiably contested within the deadline referred to in the third period, the contracting authority also pays the outstanding wages directly to the workers during construction, deducting the relevant amount from the sums due to the awardee of the contract or from the sums owed to the defaulting subcontractor in the event that direct payment is envisaged. EFFECTIVE: July 1, 2023
  • Article 12. External referral.

    1. For anything not expressly provided for in the code: a) the provisions of law 7 August 1990, n. apply to award procedures and other administrative activities relating to contracts. 241; b) the provisions of the civil code apply to the stipulation of the contract and the execution phase. EFFECTIVE FROM: 1 July 2023

  • TITLE II - THE SCOPE OF APPLICATION, THE SOLE MANAGER AND THE PHASES OF THE ASSIGNMENT


  • Article 13. Scope of application.

    1. The provisions of the code apply to procurement and concession contracts. 2. The provisions of the code do not apply to excluded contracts, active contracts and free contracts, even if they offer opportunities for economic gain, even indirect. 3. The provisions of the code do not apply to company contracts and extraordinary operations that do not involve new assignments of works, services and supplies. The provisions of the consolidated law regarding publicly held companies, referred to in Legislative Decree 19 August 2016, n., remain unchanged. 175, regarding the choice of private shareholder and the transfer of shares or shares. 4. With regulation of the Minister of Foreign Affairs and International Cooperation, adopted pursuant to article 17, paragraph 3, of the law of 23 August 1988, n. 400, after consulting the National Anti-Corruption Authority (ANAC), the procedures for choosing the contractor and the execution of the contract to be carried out abroad are regulated, taking into account the fundamental principles of this code and the procedures applied by the European Union and by the international organizations of which Italy is a part. The application of this code to assignment procedures carried out in Italy remains unchanged. 5. The awarding of the contracts referred to in paragraph 2 which offer opportunities for economic gain, including indirect, takes place taking into account the principles referred to in articles 1, 2 and 3. 6. The definitions of the code are contained in the annex I.1. 7. The provisions of the code also apply to the awarding of public works to be carried out by private entities, holders of a building permit or other qualification, who directly undertake the execution of urbanization works with total or partial deduction of the contribution foreseen for the issuing of the permit, pursuant to article 16, paragraph 2, of the consolidated text of the legislative and regulatory provisions on construction, referred to in the decree of the President of the Republic 6 June 2001, n. 380, and article 28, paragraph 5, of law 17 August 1942, n. 1150, or they carry out the related works under the agreement. Annex I.12 identifies the methods for assigning urbanization works to the deduction of the construction contribution. EFFECTIVE: July 1, 2023
  • Article 14. Thresholds of European relevance and methods for calculating the estimated amount of contracts. Discipline of mixed contracts.

    1. For the application of the code, the thresholds of European relevance are: a) 5,382,000 euros for public contracts for works and for concessions; b) 140,000 euros for public contracts for supplies, services and for public design competitions awarded by contracting authorities which are central government authorities indicated in Annex I to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014; if public supply contracts are awarded by contracting authorities operating in the defense sector, this threshold applies only to contracts concerning the products mentioned in Annex III to Directive 2014/24/EU; c) euro 215,000 for public supply contracts supplies, services and for public design competitions awarded by sub-central contracting authorities; this threshold also applies to public supply contracts awarded by central government authorities operating in the defense sector, when the contracts concern products not mentioned in Annex III to Directive 2014/24/EU; d) €750,000 for supply contracts social and similar services listed in Annex supply and service contracts and for public design competitions; c) euro 1,000,000 for service contracts, for social and similar services listed in Annex XIV to Directive 2014/24/EU. 3. The The thresholds referred to in this article are periodically redetermined by provision of the European Commission, published in the Official Journal of the European Union. 4. The calculation of the estimated amount of a public works, services and supplies contract is based on the total amount payable , net of value added tax (VAT), assessed by the contracting authority. The calculation takes into account the maximum estimated amount, including any form of any options or contract renewals explicitly established in the tender documents. When the contracting authority provides for prizes or payments for candidates or tenderers, it shall take this into account in the calculation of the estimated amount of the contract. 5. If a contracting authority or a granting body is composed of distinct operational units, the calculation of the estimated amount of a contract or concession takes into account the total estimated amount for all individual operating units. If a distinct operational unit is independently responsible for its own contract or concession or certain categories of them, the relevant amount can be estimated by reference to the amount attributed by the distinct operational unit. 6. The choice of method for the calculation of the estimated amount of a contract or concession cannot be done to avoid the application of the provisions of the code relating to the European thresholds. A contract cannot be split up to avoid the application of the rules of the code, except in the case in which objective reasons justify it. 7. The estimated amount of the contract or concession is quantified at the time of sending the notice of call of the tender or of the tender notice or, in cases where a call for tenders is not foreseen, at the moment in which the contracting authority or the granting body starts the procedure for awarding the contract. 8. For public procurement works, the calculation of the estimated amount takes into account the amount of the works themselves as well as the total estimated amount of all supplies and services made available to the successful tenderer by the contracting authority, provided that they are necessary for the execution of the works. The amount of supplies or services not necessary for the execution of a specific works contract cannot be added to the amount of the works contract so as to subtract the purchase of such supplies or services from the application of the provisions of the code . 9. For contracts relating to works and services: a) when a planned work or provision of services may give rise to contracts awarded for separate lots, the estimated total amount of all such lots shall be calculated; b) when the cumulative amount of the lots is equal to or greater than the thresholds referred to in paragraphs 1 and 2, the provisions of the code apply to the award of each lot. 10. For supply contracts: a) when a project aimed at obtaining homogeneous supplies may give rise to contracts awarded for distinct lots, in the application of the thresholds referred to in paragraphs 1 and 2 the estimated total amount of all such lots is calculated; b) when the cumulative amount of lots is equal to or greater than the thresholds referred to in paragraphs 1 and 2, the provisions of the code apply to the award of each lot. 11. Notwithstanding the provisions of paragraphs 9 and 10, the contracting authorities may award the contract for individual lots without applying the provisions of the code when the estimated amount net of VAT of the lot is less than 80,000 euros for supplies or services, or 1,000,000 euros for works, provided that the cumulative amount of the lots awarded does not exceed 20 percent of the total amount of all the lots into which the planned work, the project for the acquisition of homogeneous supplies or the project for the provision of services have been divided. 12. If the public procurement of supplies or services present regular characteristics or are intended to be renewed within a given period, is used as the basis for calculating the estimated amount of the contract: a) the actual total amount of similar contracts concluded during the previous twelve months or the the previous financial year, adjusted, where possible, in order to take into account changes in terms of quantity or amount that could occur in the twelve months following the initial contract; b) the total estimated amount of the contracts awarded during the twelve months following the first delivery or during the financial year, if this is longer than twelve months. 13. For public supply contracts having as their object the financial leasing, rental or hire purchase of products, the amount to be take as the basis for calculating the estimated amount of the contract is the following: a) for public contracts with a fixed duration of twelve months or less, the overall estimated amount for the duration of the contract or, if the duration exceeds twelve months, the total amount, including the estimated amount of the residual amount; b) for public contracts of indeterminate duration or which cannot be defined, the monthly amount multiplied by forty-eight. 14. For public service contracts, the amount to be used as the basis for calculating the estimated amount of the contract, depending on the type of service, is as follows: a) for insurance services the premium to be paid and other forms of remuneration ; b) for banking and other financial services, the fees, commissions to be paid, interest and other forms of remuneration; c) for contracts relating to design, the fees, commissions to be paid and other forms of remuneration; d) for public service contracts that do not fix an overall price: 1) in the case of contracts with a fixed duration equal to or less than forty-eight months, the overall amount estimated for their entire duration; 2) in case of contracts of indefinite duration or longer than forty-eight months, the monthly amount multiplied by 48. 15. The calculation of the estimated amount of a mixed contract for services and supplies is based on the total amount of the services and supplies, regardless of the respective shares. This calculation includes the amount of laying and installation operations. 16. For framework agreements and dynamic purchasing systems, the amount to be taken into consideration is the maximum estimated amount net of VAT of the complex of contracts envisaged during the entire duration of the framework agreements or the dynamic purchasing system. 17. In the case of innovation partnerships, the amount to be taken into consideration is the estimated maximum amount, net of VAT, of the research and development activities that will take place for all phases of the envisaged partnership, as well as the supplies, services or works to be developed and provided at the end of the partnership. 18. Contracts which have as their object two or more types of services are awarded according to the provisions applicable to the type of contract which constitutes their main object. The main object is determined on the basis of the highest estimated amount among those of the services covered by the contract. The economic operator who participates in the procedure for awarding a mixed contract must possess the qualification and ability requirements prescribed by the code for each provision of works, services and supplies envisaged by the contract. 19. If the different parts of a contract are objectively separable, paragraphs 20 and 21 apply. If the different parts of a contract are objectively non-separable, paragraph 23. 20 applies. In the case of contracts which due to their object only partially fall within the scope of application of the code , contracting authorities may choose to award separate contracts or to award a single contract. If contracting authorities choose to award separate contracts, the legal regime applicable to each such contract shall be determined according to its subject matter. 21. Mixed contracts containing elements of both supplies, works and services contracts in the ordinary sectors and concessions are awarded in accordance with the provisions of the code governing procurement in ordinary sectors, provided that the estimated amount of the part of the contract constituting a procurement, calculated in accordance with this Article, is equal to or greater than the relevant threshold. 22. In the case of contracts whose object falls partly within the ordinary sectors and partly within the special sectors, the applicable provisions are determined by the following paragraphs, without prejudice to the option referred to in paragraph 20. 23. If the different parts of a given contract are objectively non-separable, the applicable legal regime is determined on the basis of the main object of the contract in question. 24. In special sectors, in the case of contracts concerning services instrumental to multiple activities, contracting authorities may choose to award separate contracts for each activity or to award a single contract. If contracting authorities choose to award separate contracts, the legal regime applicable to each of them is determined on the basis of the activity for which it is instrumental. If the contracting authorities decide to award a single contract, paragraphs 25 and 26 apply. The decision to award a single contract or several separate contracts cannot be adopted with the aim of excluding the contract or contracts from the scope of application of the code. 25. The provisions relating to the main activity for which the service is intended apply to a contract whose object is services instrumental to the performance of more than one activity. 26. In the case of contracts whose object is services for which it is objectively impossible to establish to which activity they are mainly instrumental, the applicable provisions are determined as follows: a) the contract is awarded in accordance with the provisions of the code governing contracts in ordinary sectors if one of the activities is governed by the provisions relating to the award of contracts in the ordinary sectors and the other by the provisions relating to the awarding of contracts in the special sectors; b) the contract is awarded in accordance with the provisions of the code governing contracts in the special sectors if one of the activities is governed by the provisions relating to award of contracts in the special sectors and the other by the provisions relating to the award of concessions; c) the contract is awarded in accordance with the provisions of the code governing contracts in the special sectors if one of the activities is governed by the provisions relating to award of contracts in the special sectors and the other is not subject to these provisions, nor to those relating to the award of contracts in the ordinary sectors or to the provisions relating to the award of concessions. 27. In the case of mixed contracts containing elements of supplies, works and services contracts in the special sectors and concessions, the mixed contract is awarded in accordance with the provisions of the code governing contracts in the special sectors, provided that the estimated amount of the part of the contract which constitutes a contract governed by these provisions, calculated in accordance with this Article, is equal to or greater than the relevant threshold. 28. For mixed contracts concerning defense and security aspects, Article 137 shall apply. 29. For mixed concession contracts, Article 137 shall apply. 180. EFFECTIVE FROM: July 1, 2023
  • Article 15. Sole Project Manager (RUP).

    1. In the first act of starting the public intervention to be carried out through a contract, the contracting authorities and the granting bodies appoint, in their own interest or that of other administrations, a sole project manager (RUP) for the programming, design, assignment and for the execution of each procedure subject to the code. 2. The contracting authorities and the granting bodies appoint the RUP from among the employees hired, even on a fixed-term basis, of the contracting authority or the granting body, preferably employed by the owner organizational unit of spending power, in possession of the requirements set out in Annex I.2 and of adequate professional skills in relation to the tasks entrusted to him, in compliance with the contractual framework and related duties. The contracting authorities and granting bodies that are not public administrations or public bodies identify, according to their own regulations, one or more subjects to whom they will entrust the tasks of the RUP, limited to compliance with the rules of the code to which they are required to comply. The office of RUP is mandatory and cannot be refused. In case of failure to nominate the RUP in the act of launching the public intervention, the task is carried out by the manager of the organizational unit responsible for the intervention. 3. The name of the RUP is indicated in the notice or in the notice of call for tenders, or, failing that, in the invitation to submit an offer or in the direct award provision. 4. Without prejudice to the uniqueness of the RUP, the contracting authorities and granting bodies may identify organizational models, which provide for the appointment of a process manager for the planning, design and execution phases and a process manager for the assignment phase. The related responsibilities are divided based on the tasks carried out in each phase, without prejudice to the supervision, direction and coordination functions of the RUP. 5. The RUP ensures the completion of the public intervention within the established deadlines and in compliance with the objectives connected to its assignment, carrying out all the activities indicated in Annex I.2, or which are in any case necessary, where not within the competence of other bodies. Upon first application of the code, Annex I.2 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, which replaces it entirely also as an annex to the code. 6. Contracting authorities and granting bodies may establish a support structure for the RUP, and may allocate financial resources not exceeding 1 percent of the amount based on the tender for the direct assignment by the RUP of assistance tasks to the same. 7. The contracting authorities and granting bodies, in line with the program of purchases of goods and services and the public works program referred to in article 37, adopt a training plan for staff who carry out functions relating to procedures relating to the procurement of works, services and supplies. 8. In public works contracts awarded with the general contractor formula and in other public-private partnership formulas, the assignment of the tasks of RUP, works manager, works manager or tester to the same general contractor, to the entity awarded the public-private partnership contracts and entities connected to them. 9. The purchasing centers and aggregations of contracting authorities designate an RUP for the activities within their competence with the tasks and functions determined by the specificity and complexity of the acquisition processes managed directly. EFFECTIVE FROM: 1 July 2023
  • Article 16. Conflict of interest.

    1. There is a conflict of interest when a person who, in any capacity, intervenes with functional tasks in the award procedure or in the execution phase of contracts or concessions and can influence, in any way, the result, outcomes and management, has directly or indirectly a financial, economic or other personal interest which may be perceived as a concrete and effective threat to its impartiality and independence in the context of the procurement procedure or in the execution phase. 2. Consistent with the principle of trust and to preserve the functionality of administrative action, the perceived threat to impartiality and independence must be proven by those who invoke the conflict on the basis of specific and documented assumptions and must refer to actual interests, the satisfaction of which can only be achieved by subordinating a interest to the other. 3. Personnel who fall within the hypotheses referred to in paragraph 1 shall notify the contracting authority or the granting body and abstain from participating in the award procedure and execution. 4. The contracting authorities adopt adequate measures to identify, prevent and effectively resolve any possibility of conflict of interest in carrying out the procedures for the award and execution of contracts and concessions and ensure that the obligations referred to in paragraph 3 are respected. EFFECTIVE FROM: 1 ° July 2023
  • Article 17. Phases of the assignment procedures.

    1. Before starting the procedures for awarding public contracts, the contracting authorities and granting bodies, with a specific deed, adopt the decision to contract by identifying the essential elements of the contract and the selection criteria of the economic operators and the offers. 2. In the case of direct assignment, the act referred to in paragraph 1 identifies the object, the amount and the contractor, together with the reasons for his choice, the general requirements and, if necessary, those relating to the economic capacity- financial and technical-professional. 3. The contracting authorities and granting bodies conclude the selection procedures within the terms indicated in Annex I.3. Exceeding the deadlines constitutes silent non-compliance and is also relevant for the purpose of verifying compliance with the duty of good faith, even during litigation. Upon first application of the code, Annex I.3 is repealed from the date of entry into force of a corresponding regulation issued pursuant to Article 17, paragraph 1, of Law no. of 23 August 1988. 400, upon proposal of the Minister of Infrastructure and Transport, after hearing the Minister for Public Administration, who replaces it entirely also as an annex to the code. 4. Each competitor can submit only one offer, which is binding for the period indicated in the notice or invitation and, in case of failure to indicate, for one hundred and eighty days from the deadline for its submission. The contracting authority and the granting body, with a reasoned deed, may ask the bidders to defer the deadline. 5. The body responsible for evaluating the bids prepares the award proposal to the best non-anomalous bid. The body competent to arrange the award examines the proposal and, if it deems it legitimate and compliant with the public interest, after having verified that the bidder meets the requirements, orders the award, which is immediately effective. 6. The award does not constitute acceptance of the offer. The successful tenderer's offer is irrevocable until the deadline established for the stipulation of the contract. 7. Once the award has been made, the contract is stipulated in accordance with the provisions of article 18. 8. Without prejudice to the provisions of article 50 , paragraph 6, the execution of the contract can be started, even before the stipulation, for justified reasons. The execution is always started before the stipulation if the reasons of urgency referred to in paragraph 9. 9 exist. The emergency execution is carried out when objectively unforeseeable events occur, to avoid dangerous situations for people, animals, things , for public hygiene and health, for the historical, artistic, cultural heritage, or in cases where the immediate failure to execute the performance included in the tender would cause serious damage to the public interest that it is intended to satisfy, including the loss of funding from the European Union. 10. The pending litigation can never justify the suspension of the procedure or the award, without prejudice to the precautionary powers of the administrative judge and those of self-protection of the contracting authority or the granting body, from exercise by the competent manager. EFFECTIVE FROM: 1 July 2023
  • Article 18. The contract and its stipulation.

    1. The contract is stipulated, under penalty of nullity, in written form pursuant to Annex I.1, article 3, paragraph 1, letter b), in electronic mode in compliance with the relevant provisions of the digital administration code, of pursuant to legislative decree 7 March 2005, n. 82, in a public administrative form by the authorizing officer of the contracting authority, with a public electronic notarial deed or by private deed. In the case of a negotiated procedure or for direct assignments, through correspondence according to commercial use, consisting of a specific exchange of letters, also via certified e-mail or qualified certified electronic delivery systems pursuant to EU regulation no. 910/2014 of the European Parliament and of the Council of 23 July 2014. The specifications and the estimated metric calculation, referred to in the notice or invitation, are an integral part of the contract. 2. The award has become effective pursuant to Article 17 , paragraph 5 and without prejudice to the exercise of self-defense powers, the contract will be signed within the following sixty days even if litigation is pending. An exception is made: a) for the hypotheses provided for by paragraph 4 of this article and by article 55, paragraph 2; b) in the case of a different deadline provided for in the notice or invitation to tender; c) in the event of a deferral agreed with the successful tenderer and motivated on the basis of the interest of the contracting authority or the granting body, compatibly with the general interest in the prompt execution of the contract. 3. The contract cannot be stipulated before thirty-five days from the sending of the last communication of the award decision. This dilatory period does not apply in cases: a) of procedures in which only one offer has been presented or admitted and challenges to the notice or letter of invitation have not been promptly proposed, or the challenges have already been rejected with a final decision; (b) procurement based on a framework agreement; c) of specific contracts based on a dynamic procurement system; d) of contracts for an amount lower than the European thresholds, pursuant to article 55, paragraph 2. 4. If an appeal is lodged against the award with a simultaneous request precautionary measure, the contract cannot be stipulated from the moment of notification of the precautionary request to the contracting authority or to the granting body until the publication of the first degree precautionary measure or of the first degree device or sentence, in the event of a decision on the merits of the precautionary hearing. The suspensive effect ceases when, during the examination of the precautionary application, the judge declares himself incompetent pursuant to Article 15, paragraph 4, of the Administrative Procedure Code, referred to in Annex I to Legislative Decree 2 July 2010, n. . 104, or sets by order the date of discussion of the merits without ruling on the precautionary measures with the consent of the parties, valid as an implicit waiver of the immediate examination of the precautionary application. 5. If the contract is not signed within the deadline due to the contracting authority or the granting body, the successful tenderer may have silent non-compliance declared or, alternatively, may release himself from any obligation by means of a notified deed. The successful tenderer is not entitled to any compensation, except for the reimbursement of contractual expenses. 6. Failure to sign the contract within the deadline set due to the successful tenderer's actions may constitute grounds for revocation of the award. 7. Failure or late signing of the contract outside of the cases referred to in paragraphs 5 and 6 constitutes a violation of the duty of good faith, even during litigation. 8. The contract is subject to the termination condition of the negative outcome of its approval, where applicable, to be carried out within thirty days from the stipulation. Once this deadline has elapsed, the contract is considered approved. 9. Contracting authorities and granting bodies have the right to stipulate insurance contracts for civil liability deriving from the conclusion of the contract and the continuation or suspension of its execution. 10. With the table in Annex I.4 to the code identifies the value of the stamp duty that the contractor pays on a one-off basis at the time of signing the contract and in proportion to its value. The same table replaces the methods of calculation and payment of the stamp duty referred to in the decree of the President of the Republic of 26 October 1972, n. 642, regarding public contracts governed by the code. Upon first application of the code, annex I.4 is repealed from the date of entry into force of a corresponding decree of the Minister of Economy and Finance, which replaces it entirely also as an annex to the code. EFFECTIVE: July 1, 2023

  • PART II - OF THE DIGITALIZATION OF THE LIFE CYCLE OF CONTRACTS


  • Article 19. Digital principles and rights.

    1. Contracting authorities and granting bodies ensure the digitalisation of the life cycle of contracts in compliance with the principles and provisions of the digital administration code, referred to in Legislative Decree no. 7 March 2005. 82, guarantee the exercise of digital citizenship rights and operate according to the principles of technological neutrality, transparency, as well as protection of personal data and IT security. 2. In implementation of the principle of uniqueness of sending, each data it is provided only once to a single information system, it cannot be requested by other systems or databases, but is made available by the receiving information system. This principle applies to data relating to the planning of works, works, services and supplies, as well as to all procedures for the awarding and implementation of public contracts subject to this code and to those excluded from it, in whole or in part, whenever they are impose communication obligations on a database or an information system. 3. The activities and administrative procedures connected to the life cycle of public contracts are carried out digitally, according to the provisions of this code and the code referred to in Legislative Decree no. 82 of 2005, through the platforms and digital infrastructural services of the contracting authorities and granting bodies; the data and information relating to them are managed and made accessible in an open format, according to the provisions of the code referred to in Legislative Decree no. 82 of 2005. 4. The owners of databases adopt the necessary organizational and review measures of internal processes and regulations to automatically enable digital access to the information available in the databases of which they are owners, through interoperability of information systems according to the provisions and methods of the code referred to in Legislative Decree no. 82 of 2005. 5. The contracting authorities and granting bodies, as well as the economic operators who participate in the activities and procedures referred to in paragraph 3, adopt technical and organizational measures to safeguard IT security and the protection of personal data. The contracting authorities and granting bodies ensure the training of the personnel in charge, guaranteeing their constant updating. 6. The contracting authorities and the granting bodies ensure the traceability and transparency of the activities carried out, the accessibility of data and information, the knowledge of automated decision-making processes and make the platforms used accessible within the limits set out in Article 35. The platform managers ensure their compliance with the technical rules referred to in Article 26. 7. Where possible and in relation to the type of procedure of assignment, the contracting authorities and the granting bodies use automated procedures in the evaluation of the offers pursuant to article 30. 8. The regions and autonomous provinces ensure compliance with the provisions of this Part and support for the contracting authorities and to the granting bodies. 9. The provisions of this Part constitute the exercise of the informative, statistical and IT coordination function of the data of the state, regional and local administration, referred to in article 117, second paragraph, letter r), of the Constitution. EFFECTIVE FROM: January 1, 2024
  • Article 20. Principles regarding transparency.

    1. Without prejudice to the legal advertising obligations, for transparency purposes the data, information and documents relating to public contracts are indicated in article 28 and are published in accordance with the provisions of Legislative Decree no. 14 March 2013. 33. 2. Communications and exchange of data for the purposes of knowledge and transparency take place in compliance with the principle of uniqueness of the place of publication and sending of information. 3. The regions and autonomous provinces ensure the transparency in the public contracts sector. EFFECTIVE FROM: 1 January 2024
  • Article 21. Digital life cycle of public contracts.

    1. The digital life cycle of public contracts, as a rule, is divided into programming, design, publication, assignment and execution. 2. The activities relating to the life cycle referred to in paragraph 1 are managed in compliance with the provisions of the digital administration code, pursuant to legislative decree 7 March 2005, n. 82, through interoperable digital platforms and services, as indicated in article 22. 3. The subjects who intervene in the digital life cycle of public contracts operate according to the provisions of this Part and proceed when the procedure is started according to the provisions of the code referred to in legislative decree no. 82 of 2005 and article 3 of law 13 August 2010, n. 136. EFFECTIVE FROM: January 1, 2024
  • Article 22. National digital procurement ecosystem (e-procurement).

    1. The national digital procurement ecosystem (e-procurement) is made up of the platforms and digital infrastructural services enabling the management of the life cycle of public contracts, referred to in Article 23 and the digital procurement platforms used by contracting authorities referred to in article 25. 2. The platforms and digital services referred to in paragraph 1 allow, in particular: a) the drafting or acquisition of documents in native digital format; b) the publication and transmission of data and documents to the national database of public contracts; c) electronic access to the tender documentation; d) the presentation of the single European tender document in digital format and interoperability with the economic operator's virtual file; e) the presentation of offers f) the opening, management and conservation of the tender dossier in digital mode; g) the technical, accounting and administrative control of the contracts also during the execution phase and the management of guarantees. 3. The databases of national interest feed the national digital supply ecosystem, pursuant to Article 60 of the Digital Administration Code, referred to in Legislative Decree 7 March 2005, n. 82. EFFECTIVE FROM: January 1, 2024
  • Article 23. National database of public contracts.

    1. ANAC is the exclusive owner of the national database of public contracts referred to in article 62-bis of the digital administration code, referred to in legislative decree no. 7 March 2005. 82, enabling the national e-procurement ecosystem, and develops and manages its services. 2. The ANAC identifies with its own provisions the sections into which the database referred to in paragraph 1 and the services connected to it are divided. 3. The national database of public contracts is interoperable with the digital procurement platforms used by the contracting authorities and granting bodies and with the aggregator portal referred to in the legislative decree of 24 April 2014, n. 66, converted, with amendments, by law 23 June 2014, n. 89, for the digitalisation of all phases of the life cycle of public contracts, as well as with the national digital data platform referred to in Article 50-ter of the code referred to in Legislative Decree no. 82 of 2005, with the databases of national interest referred to in article 60 of the code referred to in legislative decree no. 82 of 2005 and with all other platforms and databases of the subjects referred to in Article 2, paragraph 2, of the code referred to in Legislative Decree no. 82 of 2005, involved in the activity relating to the life cycle of public contracts. The subjects referred to in Article 2, paragraph 2, of the code referred to in Legislative Decree no. 82 of 2005, involved in the activity relating to the life cycle of contracts, if not already accredited to the platform referred to in article 50-ter of the aforementioned code, legislative decree no. 82 of 2005, are required to be accredited to the aforementioned platform referred to in article 50-ter of legislative decree no. 82 of 2005, as well as the national database of public contracts, to develop application interfaces and make their databases available, without new or greater burdens on public finances and in compliance with the guidelines of the Agency for Digital Italy ( AGID) on interoperability. 4. The national database of public contracts makes available through interoperability the services and information necessary for carrying out the phases of the entire life cycle of public contracts, also for the purposes of compliance with the provisions of the legislative decree 14 March 2013, n. 33. The same database integrates with the single transparency platform established at the ANAC. 5. With its own provision, the ANAC identifies the information that the contracting authorities and granting bodies are required to transmit to the national contracts database public through the electronic platforms referred to in article 25. The information obligations referred to in the first period also concern direct assignments to in-house companies referred to in article 7, paragraph 2. With its own provision, the ANAC identifies the times within the such as the owners of the platforms and databases referred to in paragraph 3 and article 22, guarantee integration with the services enabling the digital procurement ecosystem. The integration is achieved through the digital services made available by ANAC on the national digital data platform, referred to in Article 50-ter of the code referred to in Legislative Decree no. 82 of 2005, in compliance with the relevant technical rules. 6. ANAC makes available to the regional information systems competent for the territory, as well as to public administrations, the information necessary to carry out institutional tasks, pursuant to articles 50 and 50-ter of the code referred to in Legislative Decree no. 82 of 2005. 7. In cases where information or activities necessary to guarantee the interoperability of the data are omitted, the ANAC reports to the AGID for the exercise of the sanctioning powers referred to in article 18-bis of the code referred to in legislative decree no. 82 of 2005. 8. The omission of requested information, the refusal or the omission of activities necessary to guarantee the interoperability of the databases involved in the life cycle of public contracts constitutes a violation of digital transition obligations punishable pursuant to Article 18-bis of the code referred to in Legislative Decree no. 82 of 2005. 9. In order to reduce the administrative burdens of the implementing entities, the data referred to in this article can be used within the procedures concerning the financing of public investments as a tool for verifying the effective use of resources and procedural progress within the times established by the spending laws. EFFECTIVE FROM: 1 January 2024
  • Article 24. Virtual file of the economic operator.

    1. The virtual file of the economic operator operates in the national database of public contracts which allows the verification of the absence of the causes of exclusion referred to in articles 94 and 95 and of the requirements referred to in article 103 for the subjects carrying out public works, as well as the data and documents relating to the requirements referred to in article 100 that the economic operator enters. 2. The economic operator's virtual file is used for participation in the award procedures governed by the code. The data and documents contained in the virtual file of the economic operator, in terms of effectiveness of each of them, are automatically updated through interoperability and are used in all award procedures in which the operator participates. 3. The administrations responsible for issuing of the certifications or information referred to in articles 94 and 95 guarantee to the national database of public contracts, through the platform referred to in article 50-ter of the digital administration code, referred to in legislative decree 7 March 2005, n. 82 and access for interoperability to its databases, pursuant to Article 23, paragraph 3, of this code, the real-time availability of the information and digital certifications necessary to ensure the entire digital life cycle of public contracts . Violation of the obligation referred to in the first sentence is punished pursuant to Article 23, paragraph 8. ANAC guarantees accessibility to the economic operator's virtual file to contracting authorities and granting bodies, economic operators and bodies of attestation referred to in article 100, paragraph 4, limited to the data of respective competence. The ANAC may prepare updated lists of economic operators already ascertained in accordance with the provisions of paragraph 1 and the methods for using the assessments for different award procedures. 4. For the purposes referred to in paragraph 1, the ANAC identifies, with its own provision, adopted in agreement with the Ministry of Infrastructure and Transport and with AGID within sixty days from the date of entry into force of the code, the types of data to be included in the virtual file of the economic operator, concerning participation in award procedures and their outcome, in relation to which verification through the national database of public contracts is mandatory. EFFECTIVE FROM: 1 January 2024
  • Article 25. Digital procurement platforms.

    1. Digital procurement platforms are made up of the set of services and IT systems, interconnected and interoperable, used by contracting authorities and granting bodies to carry out one or more activities referred to in Article 21, paragraph 1, and to ensure the full digitalisation of the entire life cycle of public contracts. To this end, the digital procurement platforms interact with the services of the national database of public contracts referred to in Article 23 as well as with the services of the national digital data platform referred to in Article 50-ter of the Digital Administration Code, referred to in Legislative Decree 7 March 2005, n. 82. 2. Contracting authorities and granting bodies use digital procurement platforms to carry out procedures for the awarding and execution of public contracts, according to the technical rules referred to in Article 26. Digital procurement platforms cannot alter equal access for operators, nor prevent or limit their participation in the tender procedure or distort competition, nor modify the object of the contract, as defined by the tender documents. The contracting authorities and the granting bodies ensure participation in the tender even in the event of proven malfunctioning, even if temporary, of the platforms, also possibly arranging the suspension of the deadline for the receipt of offers for the period of time necessary to restore normal functioning and the extension of the same for a duration proportional to the severity of the malfunction. 3. Contracting authorities and granting bodies not equipped with their own digital procurement platform make use of the platforms made available by other contracting authorities or granting bodies, by central clients or by aggregators, by autonomous regions or provinces, who in turn can use a system manager who guarantees the functioning and security of the platform. 4. It is forbidden to charge competitors or the successful tenderer any costs related to the management of the platforms. EFFECTIVE FROM: 1 January 2024
  • Article 26. Technical rules.

    1. The technical requirements of the digital procurement platforms, as well as the compliance of these platforms with the provisions of Article 22, paragraph 2, are established by AGID in agreement with the ANAC and the Presidency of the Council of Ministers, Department for digital transformation, within sixty days from the date of entry into force of the code. 2. The methods for the certification of digital procurement platforms are established with the same provision referred to in paragraph 1. 3. The certification of digital procurement platforms , released by AGID, allows integration with the services of the national database of public contracts. ANAC takes care of and manages the register of certified platforms. EFFECTIVE FROM: 1 January 2024
  • Article 27. Legal publication of documents.

    1. Publicity of the documents is guaranteed by the National Database of Public Contracts, through the transmission of the data to the Publications Office of the European Union and their publication pursuant to Articles 84 and 85, as defined by the provision referred to in paragraph 4 of this article. 2. The legal effects of the documents published pursuant to paragraph 1 start from the date of publication in the national database of public contracts. 3. The tender documentation is made constantly available through digital platforms referred to in article 25 and through the institutional sites of the contracting authorities and granting bodies. It is constantly accessible through the connection with the national database of public contracts. 4. The ANAC, with its own provision to be adopted within sixty days from the date of entry into force of the code, in agreement with the Ministry of Infrastructure and Transport, establishes the methods of implementation of this article. 5. ANAC carries out the activities referred to in paragraph 1 with the financial resources provided for by current legislation. EFFECTIVE FROM: 1 January 2024
  • Article 28. Transparency of public contracts.

    1. The information and data relating to the planning of works, services and supplies, as well as to the life cycle procedures of public contracts, where not considered confidential pursuant to Article 35 or classified pursuant to Article 139, are promptly transmitted to the National database of public contracts through the digital platforms referred to in article 25. 2. The contracting authorities and granting bodies ensure the connection between the «Transparent administration» section of the institutional website and the national database of public contracts, according to the provisions of the legislative decree of 14 March 2013, n. 33. The composition of the judging commission and the CVs of its members are published in the section referred to in the first sentence, as well as the reports on the financial management of the contracts at the end of their execution. 3. For the transparency of public contracts, the data transmitted are authentic to the national database of public contracts at the ANAC, which ensures the timely publication of the data received on its portal, also through the single transparency platform, and the periodic publication of the same in open format. In particular, the proposing structure, the subject of the tender, the list of operators invited to submit offers, the successful tenderer, the award amount, the completion times of the works, services or supplies and the amount of the tenders are published. sums paid. 4. The ANAC, within sixty days from the date of entry into force of the code, identifies with its own provision the information, data and related methods of transmission for the implementation of this article. EFFECTIVE FROM: January 1, 2024
  • Article 29. Rules applicable to communications.

    1. All communications and exchanges of information referred to in the code are carried out in compliance with the provisions of the digital administration code referred to in Legislative Decree 7 March 2005, n. 82, through the platforms of the national ecosystem referred to in article 22 of this code and, for anything not provided for by the aforementioned platforms, through the use of the digital domicile or, for communications between public administrations, pursuant to article 47 of the digital administration code, pursuant to legislative decree no. 82 of 2005. EFFECTIVE FROM: 1 January 2024
  • Article 30. Use of automated procedures in the life cycle of public contracts.

    1. To improve efficiency, contracting authorities and granting bodies shall, where possible, automate their activities using technological solutions, including artificial intelligence and distributed register technologies, in compliance with the specific provisions on the matter. 2. In the purchase or development of the solutions referred to in paragraph 1, the contracting authorities and granting bodies: a) ensure the availability of the source code, the related documentation, as well as any other element useful for understanding the operating logic; b) introduce into the documents calling for tenders clauses aimed at ensuring the assistance and maintenance services necessary to correct errors and unwanted effects deriving from automation. 3. Decisions taken through automation respect the principles of: a) knowability and comprehensibility, whereby every economic operator has the right to know the existence of automated decision-making processes that concern him and, in this case, to receive significant information on logic used; b) non-exclusivity of the algorithmic decision, whereby in the decision-making process there is in any case a human contribution capable of controlling, validating or denying the automated decision; c) algorithmic non-discrimination, for which the owner implements adequate technical and organizational measures in order to prevent discriminatory effects towards economic operators. 4. The contracting authorities and granting bodies adopt all technical and organizational measures aimed at guaranteeing that the factors that lead to inaccuracies in the data are rectified and the risk of errors is minimised, as well as to prevent discriminatory effects towards natural persons on the basis of nationality, ethnic origin, political opinions, religion, personal beliefs, union membership, somatic characteristics, genetic status, state of health, gender or sexual orientation. 5. Public administrations publish on the institutional website, in the «Transparent Administration» section, the list of technological solutions referred to in paragraph 1 used for the purposes of carrying out its business. EFFECTIVE FROM: 1 January 2024
  • Article 31. Register of economic operators participating in the procurement.

    1. The Registry of economic operators involved in public contracts in any capacity, which makes use of the business register, is established at the ANAC. 2. The Registry registers the economic operators referred to in paragraph 1, as well as the subjects, the natural persons and the holders of offices referable to them. 3. For the natural persons referred to in paragraph 2, the Registry takes on certification value for the roles and offices held which are not listed in the business register. 4. The data of Registries are made available to all subjects operating within the national digital procurement ecosystem, through the platforms referred to in articles 23, 24 and 25, for the processing and purposes related to the management of the life cycle of public contracts. EFFECTIVE FROM: January 1, 2024
  • Article 32. Dynamic procurement systems.

    1. For purchases of current use, whose characteristics, as generally available on the market, satisfy the needs of the contracting authorities and granting bodies, it is possible to make use of a dynamic purchasing system. The dynamic purchasing system is an entirely electronic process and is open for the entire period of effectiveness to any economic operator who meets the selection criteria. It can be divided into defined categories of products, works or services based on the characteristics of the contract to be performed. Such characteristics may include a reference to the maximum allowable quantity of subsequent specific procurements or to a specific geographical area in which the procurements will be performed. 2. For procurement under a dynamic purchasing system, procuring authorities and entities grantors observe the rules established for the restricted procedure referred to in Article 72. All candidates who satisfy the selection criteria are admitted to the system and the number of candidates admitted cannot be limited. The contracting authorities and granting bodies that have divided the system into categories of products, works or services in accordance with paragraph 1, specify the selection criteria applicable for each category. 3. In ordinary sectors, without prejudice to the provisions of article 72 , the following terms apply: a) the minimum deadline for receiving requests to participate is thirty days from the date of transmission of the tender notice or, if a pre-information notice is used as a means of calling a tender , from the date of sending the invitation to confirm interest. No further deadlines for the receipt of requests to participate are applicable once the invitation to tender for the first specific procurement in the dynamic purchasing system has been sent; b) the minimum deadline for the receipt of tenders is at least ten days from the date of transmission of the invitation to tender. Article 72, paragraph 5 applies. 4. In the special sectors, the following terms apply: a) the minimum deadline for receiving requests to participate is set at no less than thirty days from the date of transmission of the notice of tender or, if a periodic indicative notice is used as a means of calling for tenders, the invitation to confirm interest. No further deadlines are applicable for the receipt of requests to participate after the sending of the invitation to submit offers for the first specific contract; b) the minimum deadline for the receipt of offers is at least ten days from the date of transmission of the invitation to submit offers. Article 72, paragraph 5 applies. 5. All communications under a dynamic purchasing system shall be carried out exclusively by electronic means in accordance with Article 29. 6. To award contracts under a dynamic purchasing system , the contracting authorities and granting bodies: a) publish a call for tenders specifying that it is a dynamic purchasing system; b) in the tender documents they specify at least the nature and estimated quantity of the planned purchases, as well as all necessary information regarding the dynamic purchasing system, including the system's operating methods, the electronic device used as well as the connection methods and technical specifications; (c) indicate any division into categories of products, works or services and the characteristics that define the categories; d) offer free, direct and complete access to the tender documents in accordance with Article 88. 7. The contracting authorities and granting bodies ensure that all economic operators, for the period of validity of the dynamic procurement system, the possibility of requesting admission to the system under the conditions referred to in paragraphs 2 to 4. The contracting authorities and granting bodies evaluate such applications based on the selection criteria within ten working days of their receipt. The deadline may be extended by up to fifteen working days in individual justified cases, in particular due to the need to examine additional documentation or otherwise verify whether the selection criteria have been met. By way of derogation from the first, second and third periods, provided that the invitation to tender for the first specific procurement in the dynamic purchasing system has not been sent, contracting authorities and granting entities may extend the evaluation period, provided that during no invitation to tender is issued during the extended evaluation period. Contracting authorities and granting bodies indicate in the tender documents the maximum duration of the extended period that they intend to apply. The contracting authorities shall communicate as soon as possible to the economic operator concerned whether or not it has been admitted to the dynamic purchasing system. 8. The contracting authorities and granting bodies invite all admitted participants to submit a bid for each specific contract in the scope of the dynamic purchasing system, in accordance with Article 89 and Article 165. Where the dynamic purchasing system has been divided into categories of products, works or services, procuring authorities and awarding entities shall invite all participants admitted to the category that corresponds to the specific contract to submit a bid. They shall award the contract: a) in the ordinary sectors, to the tenderer who has submitted the best offer on the basis of the award criteria set out in the tender notice for the establishment of the dynamic purchasing system or, if a notice of advance notice information is used as a means of calling for tenders, in the invitation to confirm interest; b) in special sectors, to the tenderer who has submitted the best offer on the basis of the award criteria set out in the tender notice for the establishment of the dynamic purchasing system, in the invitation to confirm interest, or, when a notice on the existence of a qualification system is used as a means of calling for competition, in the invitation to submit a tender. 9. The criteria referred to in paragraph 8 may, if necessary, be specified in the invitation to tender. 10. In ordinary sectors, contracting authorities and granting bodies may require, at any time during the period of validity of the dynamic purchasing system, that the admitted participants innovate or update the single European tender document referred to in Article 91, within five working days from the date on which this request is sent. 11. In the special sectors, the contracting authorities and granting bodies that apply the reasons for exclusion and selection criteria provided for in Articles 94, 95 and 99, may require, at any time during the period of validity of the dynamic purchasing system, that the admitted participants innovate or update the single European procurement document referred to in Article 91, within five working days from the date on which such request is sent. 12. The contracting authorities and granting bodies indicate in the call for tenders the period of validity of the dynamic purchasing system. They shall inform the European Commission of any change in that period of validity using the following template forms: (a) if the period of validity is changed without terminating the system, the template initially used for the call for competition for the dynamic purchasing system; b) if the system is terminated, the award notice referred to in articles 111 and 163, paragraph 2. 13. They cannot be charged to the economic operators interested in or participating in the dynamic purchasing system acquisition of administrative contributions before or during the period of validity of the dynamic acquisition system. 14. The Ministry of Economy and Finance, also making use of Consip Spa, can provide for the creation and management of a dynamic acquisition system on behalf of the contracting authorities, preparing the organizational and administrative, electronic and telematic tools and taking care of the execution of all the necessary IT, telematic and consultancy services. 15. The framework agreements referred to in article 59 and the conventions referred to to article 26 of law 23 December 1999, n. 488, can be stipulated during the awarding of specific contracts based on a dynamic purchasing system. The dilatory term referred to in Article 18, paragraph 3, applies to them if the amount is equal to or greater than the thresholds of European significance. EFFECTIVE: July 1, 2023
  • Article 33. Electronic auctions.

    1. Contracting authorities and granting bodies may use electronic auctions in which new prices, modified downwards, or new values regarding certain elements of the offers are presented. To this end, contracting authorities and granting bodies structure the auction as an electronic process with successive phases, which occurs after an initial complete evaluation of the offers and allows them to be classified on the basis of automatic processing. Service and works contracts which have as their object intellectual performances, such as the design of works, which cannot be classified on the basis of automatic processing, are not the subject of electronic auctions. 2. In open, restricted or competitive procedures with negotiation or in negotiated procedures preceded by a call for competition, contracting authorities and awarding entities may establish that the award of a contract is preceded by an electronic auction when the content of the procurement documents, in particular the technical specifications, can be fixed precisely. Under the same conditions, they may resort to the electronic auction on the occasion of the reopening of the competitive comparison between the parties to a framework agreement referred to in Article 59, paragraph 4, letters b) and c), and the calling of tenders for contracts to be award under the dynamic purchasing system referred to in Article 32. 3. The electronic auction shall be awarded on the basis of one of the following elements contained in the offer: a) exclusively the prices, when the contract is awarded on the sole basis of the price; b) the price or the new values of the elements of the offer indicated in the tender documents, when the contract is awarded on the basis of the best quality/price or cost/effectiveness ratio. 4. The contracting authorities and the granting bodies shall indicate the use of an electronic auction in the contract notice or in the invitation to confirm interest, as well as, for special sectors, in the invitation to tender when a notice is used for the call for competition on the existence of a qualification system. The tender documents include at least the following elements: a) the elements whose values will be the subject of the electronic auction, provided that these elements are quantifiable so as to be expressed in figures or percentages; b) any limits of the values that may be presented, as they appear in the specifications relating to the subject of the contract; c) the information that will be made available to bidders during the electronic auction and, if applicable, the time at which it will be made available at their disposal; d) the relevant information on the conduct of the electronic auction; e) the conditions under which bidders will be able to re-bid, in particular the minimum differences that may be required for the re-bidding; f) the relevant information on the electronic device used and on the technical connection methods and specifications. 5. Before proceeding with the electronic auction, the contracting authorities and granting entities shall carry out a complete evaluation of the offers in accordance with the established award criterion or criteria and the related weighting. 6. In ordinary sectors, a tender is considered admissible if it has been submitted by a tenderer who has not been excluded in accordance with Articles 94 and 95, who meets the selection criteria referred to in Article 99 and whose tender complies with the technical specifications without being irregular or unacceptable or inadequate, pursuant to paragraphs 8, 9 and 10 of this article. 7. In the special sectors, a tender is considered admissible if it has been submitted by a tenderer who has not been excluded pursuant to article 167, paragraph 1, letter c), which satisfies the selection criteria referred to in the same article 167, paragraph 1, letter d), and whose offer complies with the technical specifications without being irregular or unacceptable or inadequate, pursuant to the paragraphs 8, 9 and 10 of this article. 8. Bids which do not comply with the tender documents, which were received late, in relation to which there is evidence of corruption, extortion or abuse of office or agreement are considered irregular. between economic operators aimed at disrupting the auction, or which the contracting station has judged to be abnormally low. 9. Offers submitted by bidders who do not possess the necessary qualification and offers whose price exceeds the amount placed by the stations are considered unacceptable. contracting bodies and granting bodies on the basis of a tender established and documented before the start of the procurement procedure. 10. An offer is considered inadequate if it has no relevance to the contract and is therefore manifestly inconsistent, without prejudice to substantial modifications suitable to meet the needs of the contracting authority or granting body and the requirements specified in the tender documents. An application for participation is not considered adequate if the economic operator concerned must or may be excluded pursuant to Articles 94 and 95 or Article 167, paragraph 1, letter c), or does not meet the selection criteria established by the contracting authority pursuant to Article 99. 11. All bidders who have submitted eligible offers are invited simultaneously, by electronic means, to participate in the electronic auction using, starting from the scheduled date and time, the connection methods compliant with the instructions contained in the invitation. The electronic auction can take place in several successive phases and does not begin before two working days following the date of dispatch of the invitations. 12. The invitation is accompanied by the result of the complete evaluation of the offer, carried out in accordance with the weighting referred to in article 108, paragraphs 7 and 8. The invitation also specifies the mathematical formula that determines, during the electronic auction, the automatic reclassifications based on the new prices and/or new values presented. Except in the case in which the most economically advantageous offer is identified on the basis of price alone, this formula integrates the weighting of all the criteria established to determine the most economically advantageous offer, as indicated in the tender notice or in other tender documents . To this end, any ranges must be previously expressed with a specific value. Where variants are authorised, a separate formula must be provided for each variant. 13. During each phase of the electronic auction, contracting authorities shall communicate in real time to all bidders at least the information that allows them to know at all times the respective classification. Contracting authorities and granting bodies may, provided that this is provided for in the tender documents, communicate other information regarding other prices or values presented. They can also make known at any time the number of participants in the specific phase of the auction. Under no circumstances may they disclose the identity of the bidders during the phases of the electronic auction. 14. The contracting authorities and granting bodies declare the electronic auction concluded according to one or more of the following methods: a) upon date and time indicated in advance; b) when they no longer receive new prices or new values that meet the requirements of the minimum deviations, provided that they have previously indicated the deadline that they will respect starting from the receipt of the last presentation before declaring it concluded the electronic auction; c) when the previously indicated number of auction phases has been reached. 15. If the contracting authorities and granting bodies intend to declare the electronic auction concluded pursuant to paragraph 14, letter c), possibly in combination with the methods referred to in letter b) of the same paragraph, the invitation to participate in the auction indicates the calendar of each phase of the auction. 16. After having declared the electronic auction concluded, the contracting authorities and the granting bodies award the contract based on its results. EFFECTIVE FROM: 1 July 2023
  • Article 34. Electronic catalogues.

    1. Contracting authorities and granting bodies may request that offers be presented in the form of an electronic catalog or that they include an electronic catalogue. Offers submitted in the form of an electronic catalog may be accompanied by other documents, to complete the offer. 2. Electronic catalogs are prepared by candidates or tenderers for participation in a specific procurement procedure in accordance with the technical specifications and the format established by the contracting authorities. 3. When the submission of offers in the form of electronic catalogs is accepted or requested, the contracting authorities and granting bodies: a) in the ordinary sectors, indicate this in the tender notice or in the invitation to confirm interest, when the means of the call for tenders is a pre-information notice; in special sectors, indicate this in the tender notice, in the invitation to confirm interest, or, when the means of calling for competition is a notice on the existence of a qualification system, in the invitation to submit offers or to negotiate; b ) indicate in the tender documents all the information relating to the format, the electronic device used as well as the methods and technical specifications for the catalogue. 4. When a framework agreement is concluded with several economic operators after the submission of tenders in the form of catalogs electronic, contracting authorities and granting bodies may provide that the reopening of the competitive comparison for specific contracts takes place on the basis of updated catalogues. In this case, the contracting authorities and the granting bodies shall alternatively use one of the following methods: a) invite tenderers to resubmit their electronic catalogues, adapted to the needs of the contract in question; b) communicate to the tenderers that they intend to use of the information collected from the electronic catalogs already presented to constitute offers adequate to the requirements of the contract in question, provided that the use of this possibility has been foreseen in the tender documents relating to the framework agreement. 5. The contracting authorities and the granting bodies , in the event of reopening of the competitive comparison for specific contracts in compliance with paragraph 4, letter b), indicate to the bidders the date and time in which they intend to proceed with the collection of the information necessary to constitute offers adapted to the requirements of the specific contract and give bidders the opportunity to opt out of such collection of information. Contracting authorities and granting bodies provide an adequate period of time between the notification and the actual collection of information. Before awarding the contract, the contracting authorities and granting bodies present the information collected to the interested tenderer, in order to offer the possibility of contesting or confirming that the offer thus constituted does not contain material errors. 6. The agencies Contractors and awarding entities can award contracts based on a dynamic purchasing system by requiring that offers for a specific contract be submitted in the form of an electronic catalogue. Contracting authorities and granting bodies may also award contracts based on a dynamic purchasing system in accordance with paragraph 4, letter b) and paragraph 5, provided that the application for participation in the dynamic purchasing system is accompanied by a electronic catalog in accordance with the technical specifications and format established by the contracting authority or granting body. This catalog is completed by the candidates, if the intention of the contracting authority or the granting body to constitute offers has been communicated through the procedure referred to in paragraph 4, letter b). EFFECTIVE FROM: 1 July 2023
  • Article 35. Access to documents and confidentiality.

    1. The contracting authorities and granting bodies shall ensure digital access to the documents of the awarding and execution procedures of public contracts, through direct acquisition of the data and information entered into the platforms, pursuant to articles 3-bis and 22 and following of the law 7 August 1990, n. 241 and articles 5 and 5-bis of the legislative decree of 14 March 2013, n. 33. 2. Without prejudice to the regulations established by the code for contracts which are classified or whose execution requires special security measures, the exercise of the right of access is deferred: a) in open procedures, in relation to the list of subjects who have submitted offers, until the deadline for submitting them has expired; b) in restricted and negotiated procedures and informal tenders, in relation to the list of subjects who have requested invitations or who have expressed their interest, and in relation to the list of subjects who have been invited to submit offers and the list of subjects who have submitted offers, until the deadline for submitting the offers themselves has expired; subjects whose invitation request has been rejected are allowed access to the list of subjects who have requested invitations or who have expressed their interest, after official communication from the contracting authorities or granting bodies, of the names of the candidates to be invited; c) in relation to the applications for participation and the documents, data and information relating to the participation requirements referred to in articles 94, 95 and 98 and the minutes relating to the admission phase of the candidates and tenderers, until the award; d) in relation to the offers and the reports relating to the evaluation of the same and the deeds, data and information prerequisites for this, until the award; e) in relation to the verification of the anomaly of the offer and the minutes referring to said phase, until the award. 3. Until the conclusion of the phases or the expiration of the terms referred to in paragraph 2, the documents, data and information cannot be made accessible or knowable. For public officials or those in charge of public service, the violation of this provision is relevant for the purposes of article 326 of the penal code. 4. Without prejudice to the regulations provided for contracts which are classified or whose execution requires special security measures, and except as provided in paragraph 5, the right of access and any form of disclosure: a) may be excluded in relation to the information provided in the context of the offer or in justification of the same which constitutes, according to a reasoned and proven declaration of the offeror, technical or commercial secrets; b) are excluded in relation to: 1) legal opinions acquired by subjects required to apply the code, for the resolution of potential or ongoing disputes relating to public contracts; 2) relationships reserved by the director of works, the director of execution and the testing body on the questions and reservations of the person executing the contract; 3) to the digital platforms and IT infrastructures used by the contracting authority or by the granting body, where covered from intellectual property rights. 5. In relation to the hypothesis referred to in paragraph 4, letters a) and b), number 3), access is permitted to the competitor, if indispensable for the purposes of defending his legal interests in court represented in relation to the tender procedure. EFFECTIVE FROM: 1 January 2024
  • 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

  • PART III - OF PROGRAMMING


  • 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
  • Article 38. Location and approval of the works project.

    1. The approval of projects by the administrations is carried out in accordance with law 7 August 1990, n. 241, and to the state and regional provisions that regulate the matter. The procedure referred to in this article also applies to works of public interest, including those referred to in Legislative Decree 3 April 2006, n. 152, if concerning the concession and management of public works, or the concession of public services with works to be carried out by the concessionaire. 2. The procedure referred to in this article does not apply if the conformity of the project has already been ascertained of technical and economic feasibility for urban planning and building regulations: a) for public works of state interest, excluding those intended for military defence, by the Ministry of Infrastructure and Transport, after consulting the local authorities concerned; b) for public works of local interest, by the municipality, or by the region or autonomous province concerned in the case of works affecting the territory of at least two municipalities. 3. The contracting authority or the granting body convenes, for the purposes of approving the project technical and economic feasibility as well as the location of the work, a simplified services conference pursuant to article 14-bis of law 7 August 1990, n. 241 in which all the administrations involved participate, including the regions, the autonomous provinces, the municipalities affected by the work and the administrations responsible for the protection of the environment, cultural heritage, landscape and health. 4. For public works of state interest, at the same time as convening the services conference referred to in paragraph 3, the contracting authority or the granting body transmits the technical and economic feasibility project to the Superior Council of Public Works, or to the competent Interregional authority for public works, for the purposes of expressing the opinion, where applicable. The technical and economic feasibility project always contains the zero land consumption project alternative for the purposes of urban regeneration. 5. The Superior Council of Public Works or the Interregional Supervision for Public Works, if it identifies deficiencies that prevent the release of the favorable opinion, including those relating to aspects of urban regeneration, returns the project within fifteen days of its receipt with an indication of the necessary additions or modifications. The contracting authority or the granting body proceeds with the requested modifications and additions within the peremptory deadline of fifteen days from the date of return of the project. The Superior Council or the interregional Superintendency expresses its opinion within a maximum of forty-five days from receipt of the technical and economic feasibility project or within a maximum of twenty days from receipt of the modified or integrated project. Once these terms have elapsed, the opinion is considered to be rendered in favour. 6. After fifteen days from the transmission of the project to the Superior Council of Public Works or to the Interregional Supervision for Public Works or, in the event that it has been returned pursuant to the paragraph 5, simultaneously with the transmission of the modified project to the Council or the Superintendency, the contracting authority or the granting body transmits the project to the competent authorities for the measures referred to in paragraph 8. 7. In the case of public works of local interest or state interest for which the opinion of the Superior Council of Public Works or of the Interregional Supervision for Public Works is not required, the contracting authority or the granting body shall transmit the project to the competent authorities for the measures referred to in paragraph 8. 8 During the services conference, the suitability of the preventive verification of the archaeological interest and the EIA environmental impact assessment are acquired and assessed, taking into account the pre-eminent needs of contractability of the work and certainty of the implementation times, the outcome of any public debate, as well as, for public works of state interest, the opinion referred to in paragraphs 4 and 5. The results of the assessment of amenability to the preventive verification of the archaeological interest are acquired during the conference of services referred to in paragraph 3 and are accompanied, if the existence of an archaeological interest does not emerge, with any requirements relating to archaeological assistance activities during construction. If the existence of an archaeological interest emerges from the assessment of amenability to the preventive verification of the archaeological interest, the superintendent proceeds in accordance with Annex I.8, taking into account the timetable of the work. The results of the environmental impact assessment are communicated by the competent authority to the other administrations participating in the services conference. If a public debate has taken place, the use of a public inquiry or other form of public consultation is excluded. 9. The services conference ends within sixty days of its convocation, which can be extended upon reasoned request from the administrations. responsible for protecting the interests referred to in article 14-quinquies, paragraph 1, of law no. 241 of 1990, only once for no more than ten days. The assent of the administrations that have not expressed their opinion within the deadline for the conclusion of the services conference, of those that are absent or that have expressed unmotivated dissent or that refer to issues that are not the subject of the conference itself, is considered to have been obtained. 10. The determination of the services conference, to be adopted within the five days following the expiry of the deadline referred to in paragraph 9, approves the project and finalizes the agreement between the local authorities concerned for all urban planning and construction purposes, also for the purposes of localizing the work, the urban and landscape compliance of the intervention, the resolution of interferences and the related mitigating and compensating works. The agreement between the interested bodies, regarding the location of the work, has the effect of varying the current urban planning instruments. It includes the environmental impact assessment provision, the assessment of whether the archaeological interest is subject to prior verification, the necessary qualifications, the declaration of public utility and non-deferrability of the works as well as the pre-arranged constraint on expropriation and allows the implementation of all works and activities foreseen in the approved project. To this end, the communications to interested parties referred to in article 14, paragraph 5, of law no. 241 of 1990 take the place of the participatory phase referred to in article 11 of the consolidated text of the legislative and regulatory provisions regarding expropriation for public utility referred to in the decree of the President of the Republic no. 327 of 2001. Local authorities shall provide for the necessary measures to safeguard the areas involved and the related buffer zones and cannot authorize building interventions incompatible with the location of the work. 11. In the procedure referred to in this article, the determinations of administrations other than the contracting authority or the granting body and in any case involved pursuant to article 14-bis, paragraph 3, of law no. 241 of 1990, in any case of dissent or incomplete assent, cannot limit themselves to expressing opposition to the construction of the works or systems, but must, taking into account the circumstances of the specific case, indicate the requirements and mitigating measures that make the consent is possible for the work, also evaluating its financial profiles. These requirements are determined in accordance with the principles of proportionality, effectiveness and financial sustainability of the intervention resulting from the project originally presented. The provisions referred to in the first and second periods apply, without exceptions, to all administrations participating in the services conference, including those in charge of urban planning, landscape, archaeological and cultural heritage matters. 12. The provisions referred to in paragraph 11 also apply to proceedings pending on the date of entry into force of the code, for which the final determination of the services conference has not yet occurred. 13. For contracts following the withdrawal, upon revocation or cancellation of a previous contract, the opinions, authorizations and agreements already acquired are valid, provided that the RUP certifies the absence of changes in the project and in the environmental, landscape and urban planning regulations on the basis of which the opinions, authorizations and the agreements had been adopted. The provision referred to in the first sentence does not apply to cases of withdrawal, revocation or cancellation of the previous contract due to defects or circumstances inherent to the opinions, authorizations or agreements. 14. The special provisions in force for certain types of public works remain unchanged. of national interest, including those relating to the interventions of the National Recovery and Resilience Plan (PNRR), referred to in Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021. EFFECTIVE FROM: 1 July 2023
  • Article 39. Planning and design of strategic infrastructures and of pre-eminent national interest.

    1. The provisions of this article govern the planning, programming and design procedures of strategic infrastructures whose construction is of an urgent nature and of pre-eminent national interest for the purposes of the modernization and development of the Nation. 2. The Government qualifies an infrastructure as strategic and of pre-eminent national interest with a resolution of the Council of Ministers, in consideration of the infrastructural performance, costs, objectives and times of completion of the work. The qualification is carried out on the proposal of the competent Ministers, after consulting the regions concerned, or on the proposal of the regions to the Government, after consulting the competent Ministers. 3. The list of infrastructures referred to in this article is inserted in the economic and financial document, with the indication: a) of the expected performance criteria in terms of infrastructural development, socio-economic rebalancing between the areas of the national territory, environmental sustainability, guarantee of strategic security, containment of the country's energy supply costs, adaptation of the national strategy to that of the European infrastructure network; b) the results of the evaluation of project alternatives; c) the estimated costs and related allocations; d) the implementation timetable. 4. The interventions referred to in paragraph 3 are automatically included in the institutional program agreements and in the framework program agreements for the purposes of identifying priorities and for the purposes of harmonization with the initiatives already included in the agreements and agreements themselves. 5. For the approval of the projects relating to the interventions referred to in paragraph 3, the provisions of article 38 shall apply. To this end, the terms referred to in the third period of paragraph 5 of article 38 are reduced to thirty days and those referred to in paragraph 9, first period, of the same article 38 to forty-five days and cannot be extended. 6. The Superior Council of Public Works, without new or greater burdens on public finances, establishes a special committee for the examination of projects relating to the interventions referred to in this article. 7. For the purposes of preventive verification of the archaeological interest referred to in article 38, paragraph 8, the technical and economic feasibility project relating to the interventions referred to in paragraph 1 of this article is sent by the contracting authority to the competent superintendency after fifteen days from the transmission of the technical-economic feasibility project to the Superior Council of Public Works. The results of the assessment of preventive subjectability of the archaeological interest are acquired during the conference of services referred to in article 38, paragraph 3. 8. In the presence of qualified disagreements pursuant to article 14-quinquies, paragraph 1, of the law 7 August 1990, n. 241, the procedure referred to in paragraphs 4, 5 and 6 of the same article may be replaced by the adoption of a decree by the President of the Council of Ministers, upon proposal of the Minister of Infrastructure and Transport, following a resolution of the CIPESS, integrated by the presidents of the regions or autonomous provinces involved, having consulted the Unified Conference referred to in article 8 of the legislative decree of 28 August 1997, n. 281. The aforementioned decree approves the technical-economic feasibility project of the infrastructures referred to in this article and produces the same effects referred to in article 38, paragraph 10. 9. The monitoring of infrastructures and priority settlements for the prevention and the repression of mafia infiltration attempts is implemented by a Coordination Committee established at the Ministry of the Interior, according to procedures approved by CIPESS resolution, on the proposal of the same Coordination Committee. The financial monitoring methods and procedures referred to in Article 36 of the Legislative Decree of 24 June 2014, n., also apply. 90, converted, with amendments, by law 11 August 2014, n. 114. EFFECTIVE FROM: July 1, 2023
  • Article 40. Public debate.

    1. Except in the cases of mandatory public debate indicated in Annex I.6, the contracting authority or the granting body may call the public debate, where it deems it appropriate due to the particular social relevance of the intervention and its impact on the environment and the territory, guaranteeing in any case its speed. 2. Upon first application of the code, Annex I.6 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law 23 August 1988, n. 400, by decree of the President of the Council of Ministers on the proposal of the Minister of Infrastructure and Transport, after consulting the Minister of the Environment and Energy Security and the Minister of Culture, who replaces it entirely also as an annex to the code. 3 The public debate opens with the publication on the institutional website of the contracting authority or the granting body of a report containing the project of the work and the feasibility analysis of any design alternatives. 4. The state administrations interested in the realization of the intervention, the regions and other territorial bodies affected by the work, as well as the stakeholders of widespread interests constituted in associations or committees, who, due to the statutory purposes, are affected by the intervention, may present observations and proposals within the deadline sixty days from the publication referred to in paragraph 3. 5. The public debate ends, within a deadline compatible with the needs of speed, in any case not exceeding one hundred and twenty days from the publication referred to in paragraph 3, with a report, drawn up by the person in charge of the public debate and containing a brief description of the proposals and observations received, with the possible indication of those deemed worthy of acceptance. The final report is published on the institutional website of the contracting authority or the granting body. 6. The outcomes of the debate, including any proposals for changes to the intervention, are evaluated by the contracting authority or the granting body for the purposes of processing of the subsequent planning level. 7. The regulations established by specific legal provisions for the public debate relating to interventions financed with the resources of the PNRR and the National Plan for investments complementary to the PNRR (PNC), referred to in the decree, remain unchanged. -law 6 May 2021, n. 59, converted, with amendments, by law 1 July 2021. 8. Annex I.6 regulates: a) the cases in which public debate is mandatory; b) the methods of participation and conduct of the debate public; c) the methods of identification and the duties of the person responsible for the public debate; d) any further contents of the initial and final reports of the public debate procedure. EFFECTIVE FROM: 1 July 2023

  • PART IV - OF THE DESIGN


  • Article 41. Levels and contents of planning.

    1. The planning of public works is divided into two levels of subsequent technical analysis: the technical-economic feasibility project and the executive project. It is aimed at ensuring: a) the satisfaction of the needs of the community; b) compliance with environmental, urban planning and protection of cultural and landscape heritage regulations, as well as compliance with the provisions of the legislation on the protection of health and of construction safety; c) compliance with architectural and technical-functional quality requirements, as well as compliance with expected times and costs; d) compliance with all existing constraints, with particular regard to hydrogeological, seismic, archaeological and forestry; e) energy efficiency and minimization of the use of non-renewable material resources throughout the entire life cycle of the works; f) compliance with the principles of economic, territorial, environmental and social sustainability of the intervention , also to combat land consumption, encouraging the recovery, reuse and valorisation of the existing building heritage and urban fabrics; g) the rationalization of design activities and related checks through the progressive use of management methods and tools digital information on the constructions referred to in article 43; h) accessibility and adaptability in accordance with the provisions in force regarding architectural barriers; i) the geological and geomorphological compatibility of the work. 2. The Annex I.7 defines the contents of the two levels of design and establishes the minimum content of the framework of needs and of the design guidance document that the contracting authorities and granting bodies must prepare. Upon first application of the code, Annex I.7 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, having consulted the Superior Council of Public Works, which replaces it entirely also as an annex to the code. 3. Annex I.7 also establishes the requirements for the drafting of the document direction of the design by the RUP of the contracting authority or the granting body. Annex I.7 also indicates the performance requirements that must be contained in the technical-economic feasibility project. In case of adoption of digital information management methods and tools for constructions, the design guidance document also contains the information specifications. 4. Preventive verification of the archaeological interest in the cases referred to in article 28, paragraph 4, of code of cultural heritage and landscape, referred to in the legislative decree of 22 January 2004, n. 42 and pursuant to the European Convention for the protection of archaeological heritage, signed in Valletta on 16 January 1992 and ratified pursuant to law 29 April 2015, n. 57, is carried out with the procedural methods set out in Annex I.8. Upon first application of the code, Annex I.8 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, in agreement with the Minister of Culture, after hearing the Superior Council of Public Works, which replaces it entirely also as an annex to the code. The special statute regions and the autonomous provinces of Trento and Bolzano regulate the procedure for preventive verification of the archaeological interest for the works under their competence on the basis of the provisions of the aforementioned annex. 5. The contracting authority or the granting body , depending on the specific type and size of the intervention, indicates the characteristics, requirements and design documents necessary for the definition of each phase of the relevant design. For ordinary or extraordinary maintenance interventions, the first level of design can be omitted provided that the executive project contains all the elements foreseen for the omitted level. 6. The technical-economic feasibility project: a) identifies, among several possible solutions, the one that expresses the best relationship between costs and benefits for the community in relation to the specific needs to be satisfied and the services to be provided; b) contains the necessary references to the possible use of digital information management methods and tools for constructions ; c) develops, in compliance with the framework of needs, all the investigations and studies necessary for the definition of the aspects referred to in the paragraph; d) identifies the dimensional, typological, functional and technological characteristics of the works to be carried out, including the choice regarding the possible division into functional lots; e) allows, where necessary, the start of the expropriation procedure; f) contains all the elements necessary for the issuing of the required authorizations and approvals; g) contains the preliminary plan of maintenance of the work and its parts. 7. For the works proposed in the urban planning variant referred to in article 19 of the consolidated text of the legislative and regulatory provisions regarding expropriation for public utility, referred to in the decree of the President of the Republic 8 June 2001, n. 327, the technical-economic feasibility project replaces the preliminary and definitive project. 8. The executive project, in coherence with the technical-economic feasibility project: a) develops a level of definition of the elements such as to fully identify their function, requirements, quality and list price; b) is accompanied by the maintenance plan for the work for the entire life cycle and determines in detail the works to be carried out, their cost and their completion times; c) if digital construction information management methods and tools are used, it develops a level of definition of the objects that responds to what is specified in the information specifications accompanying the project; d) as a rule, it is drawn up by the same person who prepared the technical-economic feasibility project. In the event that motivated reasons justify the separate assignment, the new designer accepts without reservation the design activity carried out previously. 9. In the case of external assignment of both levels of design, the start of the executive design is conditional on the determination of the contracting authorities and granting bodies on the technical-economic feasibility project. When verifying the coherence between the various phases of planning, the provisions of article 42, paragraph 1. 10 apply. The costs of planning, investigations, research and related studies, including those relating to public debate, as well as the management of the works, supervision, testing, tests and checks on products and materials, the drafting of safety and coordination plans, the professional and specialist services necessary for the drafting of the project, weigh on the financial resources of the contracting station or granting body and are included in the economic framework of the intervention. 11. The instrumental expenses, also due to inspections, concerning the activities of preparing the general plan of interventions of the centralized maintenance system, referred to in the article 12 of the legislative decree of 6 July 2011, n. 98, converted, with amendments, by law 15 July 2011, n. 111, are paid by the resources registered in the relevant chapters of the estimate of the Ministry of Economy and Finance, transferred to the State Property Agency. 12. The planning of services and supplies is divided into a single level and is prepared by the contracting stations and granting bodies through their own employees in service. Annex I.7 defines the minimum contents of the project. 13. For contracts relating to works, services and supplies, the cost of the work is determined annually, in specific tables, by the Ministry of Labor and Social Policies on the basis of economic values defined by the national collective bargaining between trade union organizations and the comparatively more representative employers' organisations, of the social security and welfare regulations, of the different product sectors and of the different territorial areas. In the absence of an applicable collective agreement, the cost of labor is determined in relation to the collective agreement of the product sector most similar to the one taken into consideration. For contracts relating to works, the cost of products, equipment and work is determined by referring to the prices current at the date of approval of the project reported in the price lists prepared by the regions and autonomous provinces or adopted by the contracting authorities and granting bodies who, based on the nature and object of the contract, are authorized not to apply the regional ones. The criteria for forming and updating regional price lists are defined in Annex I.14. Upon first application of this code, Annex I.14 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, following the opinion of the Superior Council of Public Works and the National Institute of Statistics (ISTAT), as well as prior agreement within the Permanent Conference for relations between the State, the regions and the autonomous provinces of Trento and Bolzano, which replaces it entirely also as an annex to the code. In the absence of updated price lists, the cost is determined by referring to the official price lists or to the price lists of the local chambers of commerce, industry, crafts and agriculture or, failing that, to the current market prices based on the place where the interventions are carried out. 14 In works and services contracts, to determine the amount used as the basis for the tender, the contracting authority or the granting body identifies the labor costs in the tender documents in accordance with the provisions of paragraph 13. Labor and safety costs are separated from the amount subject to the discount. The possibility remains for the economic operator to demonstrate that the overall reduction in the amount derives from a more efficient company organisation. 15. Annex I.13 establishes the methods for determining the fees for the project phases to be carried out basis of the assignments of engineering and architectural services, commensurate with the qualitative level of the services and activities relating to the technical, economic and executive feasibility planning of works, the coordination of safety in the design phase, the management of the works, the management of execution , the coordination of safety during the execution phase, the testing, the technical-administrative support tasks for the activities of the person responsible for the procedure and the manager responsible for planning public works. The aforementioned fees are used by the contracting authorities and granting bodies for the purposes of identifying the amount to be used as the basis for the award tender. Upon first application of this code, Annex I.13 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, by decree of the Minister of Justice, in agreement with the Minister of Infrastructure and Transport, which replaces it entirely also as an annex to the code. EFFECTIVE: July 1, 2023
  • Article 42. Design verification.

    1. In contracts relating to the works, the contracting authority and the granting body verify the compliance of the project with the needs expressed in the guidance document and its compliance with current legislation. The verification takes place during the development of the design in relation to the specific level envisaged for the contract. In the case of joint design and execution assignment, as well as in public-private partnership contracts, the verification of the technical-economic feasibility project is completed before the start of the assignment procedure and the verification of the executive project drawn up by the successful tenderer is carried out before the start of the works. 2. To ascertain the coherence of the project in its various phases with the design guidance document, the RUP, if he does not personally carry out the verification, follows its development in parallel with the design, guaranteeing the cross-examination between the person carrying out the verification and the designer. The verification activity is incompatible, for the same project, with the planning, coordination of the relative safety, management of the works and testing activities. 3. The verification ascertains the conformity of the project with the requirements possibly issued by the competent administrations before the start of the assignment phase and, if successful, fulfills all filing and authorization obligations for construction in seismic areas, as well as reporting the works to the civil engineering office. The projects, accompanied by the certification of positive verification, are deposited using interoperable telematic methods in the National IT Archive of Public Works of the Ministry of Infrastructure and Transport. 4. The validation of the project used as the basis for the tender is the formal document reporting the results of the verification. The validation is signed by the person responsible for the relevant procedure and makes precise reference to the final report of the person in charge of the verification and to any counterarguments of the designer. The notice and the letter of invitation for the assignment of the works must contain the details of the validation of the project used as the basis for the tender. 5. Annex I.7 indicates the contents and methods of the verification activities, as well as the subjects who provide it. The costs resulting from the verification of compliance with the project documents are included in the resources allocated for the construction of the works. EFFECTIVE FROM: 1 July 2023
  • Article 43. Methods and tools of digital information management of constructions.

    1. Starting from 1 January 2025, contracting authorities and granting bodies shall adopt digital construction information management methods and tools for the design and construction of new construction works and for interventions on existing buildings for an amount based on tender exceeding 1 million euros. The provision referred to in the first sentence does not apply to ordinary and extraordinary maintenance interventions, unless they concern works previously carried out with the use of the aforementioned digital information management methods and tools. 2. Even outside of the cases referred to in paragraph 1 and in compliance with the principles referred to in article 19, contracting authorities and granting bodies may adopt methods and tools for digital information management of constructions, possibly providing in the tender documentation a reward score relating to the methods of the use of such methods and tools. This option is subject to the adoption of the measures established in Annex I.9. 3. The tools indicated in paragraphs 1 and 2 use interoperable platforms through non-proprietary open formats in order not to limit competition between technology providers and the involvement of specific projects among the designers, as well as allowing the transfer of data between public administrations and economic operators participating in the procedure, awarded or in charge of executing the contract. 4. In Annex I.9 the following are defined: a) the measures relating to staff training, tools and the necessary organisation; b) the criteria to guarantee uniform use of digital methods and tools for information management; c) the measures necessary for the implementation of the processes of information management supported by information modeling, including the prediction of the interoperability of the asset register of each contracting authority or granting body with the national IT archive of public works; d) the methods of exchange and interoperability of data and information; e) the applicable national and international technical specifications; f) the minimum content of the information specifications for the use of digital information management methods and tools. 5. Upon first application of the code, the annex I.9 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law 23 August 1988, n. 400, with decree of the Minister of Infrastructure and Transport, which replaces it entirely also as an annex to the code. EFFECTIVE FROM: 1 July 2023
  • Article 44. Integrated procurement.

    1. In works contracts, with the decision to contract, the contracting authority or the granting body, if qualified, may establish that the contract has as its object the executive design and execution of the works on the basis of a technical feasibility project -economically approved. This option cannot be exercised for contracts for ordinary maintenance works. 2. The contracting authority or the granting body motivates the choice referred to in paragraph 1 with reference to the technical needs, always taking into account the risk of possible cost deviations in the executive phase with respect to what is contractually provided for. 3. When the contract is awarded pursuant to paragraph 1, the economic operators must possess the requirements prescribed for designers, or make use of qualified designers, to be indicated in the offer, or participate in grouping with subjects qualified for the design. Qualification for design also includes the use of digital methods and tools for information management through modeling. 4. The offer is evaluated with the criterion of the most economically advantageous offer, identified on the basis of the best quality/price ratio. The offer clearly indicates the fee required for the design and execution of the works. 5. The execution of the works can begin only after approval by the contracting authority of the executive project, the examination of which is conducted pursuant to article 42. 6. In cases where the economic operator makes use of one or more qualified subjects to prepare the project, the contracting authority indicates in the tender documents the methods for direct payment to the designer of the related costs to the executive design indicated in the offer, net of the auction markdown, subject to approval of the project and subject to presentation of the designer's fiscal documents. EFFECTIVE FROM: 1 July 2023
  • Article 45. Incentives for technical functions.

    1. The charges relating to the technical activities indicated in Annex I.10 are borne by the appropriations provided for the individual procedures for awarding works, services and supplies in the expenditure estimates or in the budgets of the contracting authorities and granting bodies. Upon first application of the code, Annex I.10 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law no. 23 August 1988. 400, with decree of the Ministry of Infrastructure and Transport, having consulted the Superior Council of Public Works, which replaces it entirely also as an annex to the code. 2. The contracting authorities and granting bodies shall allocate financial resources for the technical functions carried out by the employees specified in Annex I.10 and for the purposes indicated in paragraph 5, from the allocations referred to in paragraph 1, to an extent not exceeding 2 percent of the amount of the works, services and supplies, based on the award procedures. This paragraph also applies to contracts relating to services or supplies in the event that the director of execution is appointed. For the purposes of exclusion from the obligation to allocate the resources referred to in this paragraph, contracting authorities and granting bodies have the right to provide for a different method of remuneration for the technical functions carried out by their employees. 3. L 80 percent of the resources referred to in paragraph 2 are divided, for each work, work, service and supply, between the RUP and the subjects who carry out the technical functions indicated in paragraph 2, as well as among their collaborators. The amounts also include social security and welfare costs borne by the administration. The criteria for the relevant allocation, as well as those for the corresponding reduction of the financial resources connected to the individual work or work, in the face of any unjustified increases in times or costs envisaged by the economic framework of the executive project, are established by the contracting authorities and the granting bodies, according to the respective regulations, within thirty days from the date of entry into force of the code. 4. The incentive referred to in paragraph 3 is paid by the manager, the service manager in charge of the competent structure or by another manager appointed by the individual administration, having consulted the RUP, who ascertains and certifies the specific technical functions performed by the employee. The overall incentive accrued by the employee during the relevant year, even for activities carried out on behalf of other administrations, cannot exceed the overall gross annual salary received by the employee. The excess, unpaid incentive increases the resources referred to in paragraph 5. For administrations that adopt digital methods and tools for the information management of the contract, the limit referred to in the second period is increased by 15 percent. The part of the incentive that corresponds to services not carried out by employees, because they are entrusted to personnel external to the administration itself or because they lack the manager's certification, also increases the resources referred to in paragraph 5. The provisions of paragraph 3 and this paragraph do not apply to personnel with managerial qualifications. 5. 20 percent of the financial resources referred to in paragraph 2, excluding resources deriving from European funding or other earmarked funding, increased by the portions of the incentive corresponding to services not carried out or without certification from the manager, or not paid for the reasons referred to in paragraph 4, second sentence, is intended for the purposes referred to in paragraphs 6 and 7. 6. With the resources referred to in paragraph 5, the entity purchases goods and technologies functional to innovation projects, also to incentivize: a) electronic information modeling for construction and infrastructure; b) the implementation of databases for the control and improvement of spending capacity; c) IT efficiency, with particular reference to electronic methodologies and instruments for controls. 7. Part of the resources referred to in paragraph 5 is in any case used: a) for training activities to increase the digital skills of employees in carrying out interventions; b) for the specialization of staff carrying out technical functions; c) for covering expenses of compulsory personnel insurance. 8. The administrations and bodies that set up or make use of a central purchasing body may allocate, also at the request of the latter, the financial resources referred to in paragraph 2 or part of them to the employees of this plant in relation to the technical functions performed. The sums thus allocated cannot in any case exceed 25 percent of the incentive referred to in paragraph 2. EFFECTIVE FROM: 1 July 2023
  • Article 46. Design competitions.

    1. The regulations of Chapter II of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 apply to design competitions and, for special sectors, the regulations of Chapter II of Directive 2014/25/EU of the European Parliament and of the Council, of 26 February 2014. 2. The design competition relating to the public works sector usually takes place in a single phase and concerns projects or plans with a level of detail corresponding to the technical feasibility project and economical. With adequate justification, contracting authorities and granting bodies can announce a competition in two phases. In the first phase, the idea proposals are selected. In the second phase, a technical and economic feasibility project of the selected proposals is developed. If the design competition concerns an intervention to be entrusted under concession, the idea proposal also contains the drafting of an economic-financial study for its construction and management. 3. With the payment of the premium, the contracting authorities and the granting bodies purchase the property of the winning project. The competition notice may provide that the executive project is entrusted with a negotiated procedure without prior publication of the notice or, in special sectors, without a call for tenders to the winner or winners of the design competition, if they meet the requirements set out in the notice. In such cases, in calculating the threshold of European relevance, the overall value of the prizes and payments is calculated, including the estimated value net of VAT of the public service contract that could subsequently be awarded with the procedure referred to in paragraph 2. . 4. The provisions of this article also apply to idea competitions aimed at acquiring an idea proposal to be rewarded with the recognition of a suitable prize. In addition to those admitted to the design competitions, these competitions can also be attended by subordinate workers authorized to practice the profession and registered with the professional association according to the national legislation to which they belong, with the exclusion of employees of the contracting authority or body. grantor who announces the competition. The winning idea or ideas are acquired as property by the contracting authority or granting body, subject to any definition of the technical structures, and can be used as the basis for a design competition or a design services contract, in which the awarded if they meet the relevant subjective requirements. EFFECTIVE: July 1, 2023
  • Article 47. Superior Council of Public Works.

    1. The Superior Council of Public Works is the highest technical consultative body of the State; operates with independence of judgment and evaluation and is endowed with full functional and organizational autonomy. 2. The Superior Council of Public Works is chaired by the President and is made up of the General Assembly, four Sections, the General Secretariat, the Technical Service central and by the Observatory of the technical consultative college. 3. The Superior Council of Public Works, within the scope of the tasks attributed to the State and in compliance with the prerogatives of the regions, autonomous provinces, provinces, metropolitan cities and municipalities, exercises consultative functions and expresses obligatory opinions exclusively on technical and economic feasibility projects falling within the competence of the state, of state concessionaires and on other works financed for at least 50 percent by the state and optional opinions on the feasibility documents of project alternatives included in the multi-year documents of planning of the competent ministries. The opinions referred to in the first period are given if the overall cost of the work, as deriving from the economic framework, is greater than 200 million euros, in the case of linear infrastructures, or 50 million euros, in other cases. The technical-administrative committees at the interregional authorities for public works express mandatory opinions exclusively on the technical-economic feasibility projects of works under state responsibility, of state concessionaires and of other works financed for at least 50 percent by the state if the overall cost of the the work, as deriving from the economic framework, is greater than 25 million euros and less than 200 million euros, in the case of linear infrastructures, or is greater than 25 million euros and less than 50 million euros, in other cases. The opinion on the technical-economic feasibility projects of works under the responsibility of the state, state concessionaires and other works financed for at least 50 percent by the state is not mandatory if the overall cost of the work, as deriving from the economic framework, is less than 25 million euros. 4. The further responsibilities, the organization of the Superior Council of Public Works, the operating rules, as well as the further attributions are established and regulated in Annex I.11. Upon first application of the code, Annex I.11 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law no. 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, having consulted the Superior Council of Public Works, which replaces it entirely also as an annex to the code. 5. The Superior Council of Public Works expresses its opinion within forty-five days of the transmission of the project. After this deadline, the opinion is considered to be rendered in a favorable sense. EFFECTIVE FROM: 1 July 2023

  • BOOK II - OF THE CONTRACT PART I - OF CONTRACTS FOR AMOUNTS LOWER THAN THE EUROPEAN THRESHOLDS


  • Article 48. Common rules applicable to contracts for works, services and supplies of amounts lower than the thresholds of European relevance.

    1. The awarding and execution of contracts having as their object works, services and supplies of amounts lower than the thresholds of European relevance are carried out in compliance with the principles set out in Book I, Parts I and II. 2. When for one of the contracts referred to in paragraph 1, the contracting authority ascertains the existence of a certain cross-border interest, follows the ordinary procedures referred to in the following Parts of this Book. 3. The obligations to use the purchasing and negotiation tools provided remain unchanged. by the current provisions on spending containment. 4. The provisions of the code apply to contracts of amounts lower than the thresholds of European relevance, unless derogated from by this Part. EFFECTIVE FROM: 1 July 2023
  • Article 49. Principle of rotation of assignments.

    1. The assignments referred to in this Part take place in compliance with the rotation principle. 2. In application of the rotation principle, the assignment or awarding of a contract to the outgoing contractor is prohibited in cases where two consecutive assignments concern a job order falling within the same product sector, or in the same category of works, or in the same service sector. 3. The contracting authority can divide the assignments into bands based on the economic value. In this case the prohibition on assignment or award applies with reference to each band, without prejudice to the provisions of paragraphs 4, 5 and 6. 4. In justified cases with reference to the structure of the market and the actual absence of alternatives, as well as of accurate execution of the previous contract, the outgoing contractor may be reinvited or be identified as a direct assignee. 5. For contracts awarded with the procedures referred to in article 50, paragraph 1, letters c), d) and e), contracting authorities do not apply the rotation principle when the market survey has been carried out without placing limits on the number of economic operators in possession of the required requisites to be invited to the subsequent negotiated procedure. 6. It is however possible to derogate from the application of the principle rotation for direct assignments of amounts less than 5,000 euros. EFFECTIVE: July 1, 2023
  • Article 50. Procedures for assignment.

    1. Except as provided for in Articles 62 and 63, the contracting authorities shall proceed with the awarding of contracts for works, services and supplies of amounts lower than the thresholds referred to in Article 14 in the following ways: a) direct awarding for construction works amount lower than 150,000 euros, even without consulting multiple economic operators, ensuring that subjects are chosen who possess documented previous experience suitable for the execution of contractual services, also identified among those registered in lists or registers established by the contracting authority; b) assignment direct services and supplies, including engineering and architectural services and design activities, for an amount of less than 140,000 euros, even without consulting multiple economic operators, ensuring that subjects in possession of documented previous experience suitable for the execution of contractual services, also identified among those registered in lists or registers established by the contracting authority; c) negotiated procedure without tender, after consultation with at least five economic operators, where existing, identified on the basis of market surveys or through lists of operators economic, for works with an amount equal to or greater than 150,000 euros and less than 1 million euros; d) negotiated procedure without tender, after consulting at least ten economic operators, where existing, identified on the basis of market surveys or through lists of economic operators, for works of an amount equal to or greater than 1 million euros and up to the thresholds referred to in article 14, without prejudice to the possibility of resorting to the procedures for choosing the contractor referred to in Part IV of this Book; e) negotiated procedure without tender, after consulting at least five economic operators, where existing, identified on the basis of market surveys or through lists of economic operators, for the awarding of services and supplies, including engineering and architectural services and the design activities, for an amount equal to or greater than 140,000 euros and up to the thresholds referred to in article 14. 2. The lists and market surveys are managed in the manner set out in Annex II.1. For the selection of operators to be invited to negotiated procedures, contracting authorities cannot use the draw or other method of random extraction of names, except in the presence of particular and specifically motivated situations, in cases where no other method of selection is practicable. selection of operators. The contracting authorities publish on their institutional website the names of the operators consulted as part of the procedures referred to in paragraph 1. 3. Upon first application of the code, Annex II.1 is repealed from the date of entry into force force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law 23 August 1988, n. 400, with decree of the Minister of Infrastructure and Transport, following the opinion of ANAC, which replaces it entirely also as an annex to the code. 4. For the assignments referred to in paragraph 1, letters c), d) and e ), the contracting authorities proceed with the award of the relevant contracts on the basis of the criterion of the most economically advantageous offer or the lowest price with the exception of the cases referred to in article 108, paragraph 2. 5. Public companies, for contracts for works, supplies and services of amounts lower than the European thresholds referred to in article 14, falling within the scope defined by articles 146 to 152, apply the rules established in the respective regulations, which, if the contracts have a cross-border interest of course, it must comply with the principles of the Treaty on European Union to protect competition. The other subjects referred to in Article 141, paragraph 1, second sentence, apply the rules established in the respective regulations, which must comply with the aforementioned principles of the Treaty on European Union. 6. After verifying the requirements of the successful tenderer the contracting authority may proceed with the early execution of the contract; in the event of failure to stipulate, the successful tenderer has the right to reimbursement of expenses incurred for the execution of the works ordered by the director of works and, in the case of services and supplies, for the services carried out on the orders of the director of execution. 7. For the contracts referred to in this Part, the contracting authority may replace the testing certificate or the conformity verification certificate with the certificate of regular execution, issued for the works by the works manager and for the supplies and services by the RUP or the director. of execution, if appointed. The certificate of regular execution is issued no later than three months from the date of completion of the services covered by the contract. 8. The notices and pre-information notices relating to the contracts referred to in this Part are published at national level with the methods of referred to in Article 85, with the exclusion of the transmission of the tender notice to the Publications Office of the European Union. 9. The notice on the results of the award procedures referred to in paragraph 8 is published in the same manner as in paragraph 8. this article. In the cases referred to in letters c), d) and e) of paragraph 1, this notice also contains the indication of the parties invited. EFFECTIVE: July 1, 2023
  • Article 51. Selection commission.

    1. In the case of awarding the contracts referred to in this Part with the criterion of the most economically advantageous offer, the RUP may participate in the selection commission, also as president. EFFECTIVE FROM: 1 July 2023
  • Article 52. Check on possession of the requirements.

    1. In the award procedures referred to in Article 50, paragraph 1, letters a) and b), for amounts less than 40,000 euros, the economic operators certify with a declaration in lieu of an affidavit that they possess the required participation and qualification requirements . The contracting authority verifies the declarations, also after drawing a sample identified with predetermined methods each year. 2. When as a result of the verification the possession of the general or special requirements declared is not confirmed, the contracting authority proceeds with the termination of the contract, the enforcement of any definitive guarantee, the communication to the ANAC and the suspension of the economic operator from participation in the award procedures announced by the same contracting authority for a period of one to twelve months starting from the adoption of the provision. EFFECTIVE FROM: 1 July 2023
  • Article 53. Guarantees accompanying the offer and definitive guarantees.

    1. In the award procedures referred to in Article 50, paragraph 1, the contracting authority does not require the provisional guarantees referred to in Article 106 unless, in the procedures referred to in letters c), d) and e) of the same paragraph 1 of article 50, in consideration of the type and specificity of the individual procedure, there are particular needs that justify the request. The particular needs are indicated in the decision to contract or in the notice calling for the procedure or in another equivalent document. 2. When the provisional guarantee is requested, the related amount cannot exceed one percent of the amount provided for in the notice or in the invitation for the contract to be awarded. 3. The provisional guarantee may be established in the form of a deposit or surety in the manner referred to in article 106. 4. In duly motivated cases, the contracting authority has the right not request the definitive guarantee for the execution of the contracts referred to in this Part or for contracts of the same amount under a framework agreement. When requested, the definitive guarantee is equal to 5 percent of the contractual amount. EFFECTIVE FROM: 1 July 2023
  • Article 54. Automatic exclusion of anomalous offers.

    1. In the case of awarding, with the lowest price criterion, works or service contracts for an amount lower than the thresholds of European relevance which do not present a certain cross-border interest, the contracting authorities, in derogation of the provisions of the article 110, provide in the tender documents for the automatic exclusion of offers that are anomalous, if the number of admitted offers is equal to or greater than five. The first period does not apply to the assignments referred to in article 50, paragraph 1, letters a) and b). In any case, the contracting authorities may evaluate the adequacy of any other offer which, based on specific elements, appears abnormally low. 2. In the cases referred to in paragraph 1, first sentence, the contracting authorities indicate the method in the tender documents. for the identification of anomalous offers, chosen from those described in Annex II.2, or they select it during the evaluation of the offers by drawing lots among the compatible methods of Annex II.2. 3. Upon first application of the code, Annex II.2 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law no. 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, following the opinion of ANAC, which replaces it entirely also as an annex to the code. EFFECTIVE FROM: 1 July 2023
  • Article 55. Delaying terms.

    1. The contract is stipulated within thirty days of the award. 2. The delays provided for in Article 18, paragraphs 3 and 4, do not apply to the awarding of contracts for amounts lower than the thresholds of European relevance. EFFECTIVE: July 1, 2023

  • PART II - OF THE INSTITUTIONS AND COMMON CLAUSES


  • Article 56. Contracts excluded in ordinary sectors.

    1. The provisions of the code relating to ordinary sectors do not apply to public contracts: a) of services awarded by a contracting authority to an entity which is a contracting authority or to an association of contracting authorities on the basis of an exclusive right referred to in they benefit by virtue of legislative or regulatory provisions or published administrative provisions which are compatible with the Treaty on the Functioning of the European Union; b) aimed at allowing contracting authorities to make available or manage telecommunications networks or to provide to the public of one or more electronic communications services. For the purposes of this article, the definitions of "communications network" and "electronic communications service" contained in article 2 of the electronic communications code, referred to in Legislative Decree no. of 1 August 2003, apply. 259; c) that contracting authorities are required to award or organize in compliance with procedures other than those provided for by the code and established by: 1) a legal instrument that creates international obligations, such as an international agreement, concluded in accordance with the treaties of the European Union, between the State and one or more third countries or related articulations and concerning works, supplies or services intended for the joint implementation or joint management of a project by the signatories; 2) an international organisation; d) which contracting authorities award on the basis of standards established by an international organization or an international financial institution, when the contracts are entirely financed by the same organization or institution. In the case of public contracts financed mainly by an international organization or an international financial institution, the parties shall agree on the applicable award procedures; e) having as their object the purchase or rental, whatever the relevant financial modalities , of land, existing buildings or other immovable property or relating to rights in such property; f) having as its object the purchase, development, production or co-production of programs or materials associated with programs intended for audiovisual or radio media services which are awarded by providers of audiovisual or radio media services, or contracts concerning broadcasting time or the provision of programs awarded to providers of audiovisual or radio media services; g) concerning arbitration and conciliation services; h) concerning any of the following legal services: 1) legal representation of a client by a lawyer pursuant to article 1 of law 9 February 1982, n. 31: 1.1) in an arbitration or conciliation held in a Member State of the European Union, a third country or before an international arbitration or conciliation body; 1.2) in judicial proceedings before judicial bodies or public authorities of a Member State of the European Union or a third country or before international courts or institutions; 2) legal advice provided in preparation for one of the proceedings referred to in point 1), or where there is a concrete indication and a high probability that the issue on which the advice concerns becomes the subject of the procedure, provided that the advice is provided by a lawyer pursuant to article 1 of law 9 February 1982, n. 31; 3) document certification and authentication services to be provided by notaries; 4) legal services provided by designated trustees or guardians or other legal services whose providers are designated by a court of the State or are designated by law to carry out specific tasks under the supervision of said judicial bodies; 5) other legal services which are connected, even occasionally, to the exercise of public powers; i) concerning financial services relating to the issuing, purchasing, selling and to the transfer of securities or other financial instruments as reported in Annex I to the consolidated text of the provisions on financial intermediation, pursuant to Legislative Decree 24 February 1998, n. 58, services provided by central banks and operations concluded with the European Financial Stability Facility and the European Stability Mechanism; l) relating to loans, regardless of whether they are related to the issuing, selling, purchasing or transfer of securities or other financial instruments; m) concerning employment contracts; n) concerning civil defense, civil protection and prevention services against dangers provided by non-profit organizations and associations identified with CPV codes 75250000-3, 75251000-0, 75251100-1, 75251110-4, 75251120-7, 75252000-7, 75222000-8; 98113100-9 and 85143000-3 with the exception of patient transport services by ambulance; o) concerning public passenger transport services by rail or subway; p) concerning services connected to political campaigns, identified with CPV codes 79341400 -0, 92111230-3 and 92111240-6, if awarded by a political party in the context of an electoral campaign for contracts relating to ordinary sectors and concessions; q) having as their object the purchase of agricultural and food products for a value not exceeding 20,000 euros per year for each company, from single or associated agricultural companies located in municipalities classified as totally mountainous in the list of Italian municipalities prepared by ISTAT, or included in the circular of the Ministry of Finance no. 9 of 14 June 1993, published in the ordinary supplement no. 53 in the Official Gazette of the Italian Republic n. 141 of 18 June 1993, as well as in the municipalities of the smaller islands referred to in Annex A annexed to law 28 December 2001, n. 448. 2. The provisions of the code relating to ordinary sectors do not also apply to the case in which a public administration stipulates an agreement with which a public or private entity undertakes to carry out, at its sole expense and expense and subject to obtaining of all the necessary authorisations, of a public work or of a functional lot thereof or of part of the work envisaged in the context of urban planning instruments or programmes, without prejudice to compliance with articles 94, 95 and 98. EFFECTIVE FROM: July 1, 2023
  • Article 57. Social clauses of the tender notice and notices and energy and environmental sustainability criteria.

    1. For the assignment of procurement contracts for works and services other than those of an intellectual nature and for concession contracts, tender notices, notices and invitations, taking into account the type of intervention, in particular where it concerns the cultural and landscape assets, and in compliance with the principles of the European Union, must contain specific social clauses which require, as necessary requirements of the offer, measures aimed, among other things, at guaranteeing equal generational, gender and of employment inclusion for disabled or disadvantaged people, the employment stability of the staff employed, as well as the application of national and territorial collective agreements in the sector, taking into account, in relation to the object of the contract or concession and the services to be performed also predominantly, those stipulated by the associations of employers and workers who are comparatively more representative on a national level and those whose scope of application is strictly connected with the activity covered by the contract or concession carried out by the company also in a prevalent manner, as well as guaranteeing the same economic and regulatory protections for subcontracted workers compared to contractor employees and against irregular work. 2. Contracting authorities and granting bodies contribute to the achievement of the environmental objectives set out in the Management Plan action for the environmental sustainability of consumption in the public administration sector through the inclusion, in the project and tender documentation, of at least the technical specifications and contractual clauses contained in the minimum environmental criteria, defined for specific categories of contracts and concessions, differentiated, where technically appropriate, also based on the value of the contract or concession, with decree of the Ministry of the Environment and Energy Security and in accordance, in reference to the purchase of products and services in the collective catering and food supply sectors, also to what is specifically provided for in article 130. These criteria, in particular the rewarding ones, are also taken into consideration for the purposes of drafting the tender documents for the application of the criterion of the most economically advantageous offer, pursuant to article 108 , paragraphs 4 and 5. The contracting authorities economically enhance the procedures for awarding contracts and concessions that comply with the minimum environmental criteria. In the case of contracts relating to the procurement categories referring to renovation interventions, including those involving demolition and reconstruction, the minimum environmental criteria are taken into consideration, as far as possible, depending on the type of intervention and the location of the works to be carried out, on based on adequate criteria defined by the Ministry of the Environment and Energy Security.
  • Article 58. Subdivision into lots.

    1. To guarantee the effective participation of micro, small and medium-sized enterprises, including local ones, the contracts are divided into functional, performance or quantitative lots in accordance with the categories or specializations in the works, services and supplies sector. 2. In the tender announcement or notice, the contracting authorities justify the failure to divide the contract into lots by taking into account the European principles on the promotion of equal conditions of competition for small and medium-sized enterprises. In the case of subdivision into lots, the relative value must be adjusted in order to guarantee the effective possibility of participation by micro, small and medium-sized enterprises. 3. In the same act, the contracting authorities indicate the criteria of a qualitative or quantitative nature concretely followed in the subdivision into lots, having regard to the parameters indicated in paragraph 2. In any case, the artificial merging of lots is prohibited. 4. The contracting authority may limit the maximum number of lots for which the award to the same competitor for reasons related to the characteristics of the tender and the efficiency of the service, or for reasons inherent to the relevant market, even to multiple competitors who are in situations of control or connection pursuant to Article 2359 of the Civil Code. If the same conditions are met and where necessary due to the expected high number of competitors, the number of lots for which it is possible to participate may also be limited. In any case, the notice or the notice calling for tenders contains an indication of the specific reason for the choice and provides for the non-discriminatory criterion for selecting the lot or lots to be awarded to the successfully placed competitor for a number exceeding this limit. 5 The tender notice or the invitation letter may also reserve the contracting authority the possibility of awarding some or all of the lots associated with the same bidder, indicating the methods by which to carry out the comparative evaluation between the offers on the individual lots and the offers on the batch associations.
  • Article 59. Framework agreements.

    1. Contracting authorities may conclude framework agreements lasting no more than four years, except in duly justified exceptional cases, in particular with reference to the object of the framework agreement. The framework agreement indicates the estimated value of the entire contractual operation. In any case, the contracting authority cannot use framework agreements in order to evade the application of the code or in order to hinder, limit or distort competition. In particular, and except as provided for in paragraphs 4, letter b) and 5 for the purposes of obtaining improved offers, recourse to the framework agreement is not admissible where the consequential contract involves substantial changes to the type of services envisaged in the agreement. 2. Contracts based on a framework agreement are awarded according to the procedures provided for in this article, applicable between the contracting authorities, identified in the call for the procedure for the conclusion of the framework agreement, and the economic operators selected following the itself. Substantial changes to the conditions established in the framework agreement cannot be made during the procurement. 3. When the framework agreement is concluded with a single economic operator, the contracts are awarded within the limits of the conditions established in the framework agreement itself. The contracting authority may consult the economic operator in writing asking him to complete his offer, if necessary. 4. The framework agreement concluded with several economic operators shall be executed in one of the following ways: a) according to the terms and conditions of the framework agreement, without reopening the competitive comparison, when the framework agreement contains all the terms governing the provision of works, services and supplies, as well as the objective conditions, established in the tender documents of the framework agreement, to determine which of the economic operators party to the agreement will carry out the service; the identification of the economic operator who will carry out the service takes place with a reasoned decision in relation to the specific needs of the administration; b) reopening the competitive comparison between the economic operators who are parties to the framework agreement, if the framework agreement does not contain all the terms that govern the provision of works, services and supplies; c) if the conditions referred to in letter a) exist, partly without the reopening of the competitive comparison in accordance with the provisions therein and, partly, with the reopening of the competition competitive in accordance with the provisions of letter b), if this possibility has been established by the contracting authority in the tender documents for the framework agreement. The choice between the two procedures takes place on the basis of objective criteria which are indicated in the tender documents for the framework agreement and which also establish which conditions may be subject to the reopening of the competitive comparison. The possibilities provided for in this letter also apply to each lot of a framework agreement for which all the terms governing the provision of the works, services and supplies in question are defined in the framework agreement, regardless of whether they have been established all the terms governing the provision of the works, services and supplies in question for other lots. 5. Any competitive comparisons referred to in paragraph 4 are based on the same conditions applied to the award of the framework agreement, specifying them if necessary , and on other conditions indicated in the tender documents for the framework agreement, according to the following procedure: a) for each contract to be awarded, the contracting authority consults in writing the economic operators who are capable of carrying out the object of the contract ; b) the contracting authority sets a sufficient deadline for submitting the offers relating to each specific contract, taking into account the complexity of the subject of the contract and the time necessary for the transmission of the offers; c) the offers are submitted in writing and their content is not made public until the deadline set for their presentation has expired; d) the contracting authority awards the contract to the tenderer who has submitted the best offer on the basis of the award criteria set in the tender documents for the framework agreement. EFFECTIVE: July 1, 2023
  • Article 60. Price revision.

    1. The inclusion of price revision clauses is mandatory in the initial tender documents of the award procedures. 2. These clauses do not make changes that alter the general nature of the contract or framework agreement; they are activated upon the occurrence of particular conditions of an objective nature which determine a variation in the cost of the work, supply or service, up or down, exceeding 5 percent of the total amount and operate to the extent of 80 percent of the variation itself, in relation to the services to be performed. 3. For the purposes of determining the change in costs and prices referred to in paragraph 1, the following synthetic indices developed by ISTAT are used: a) with regard to works contracts, the synthetic construction cost indices; b) with regard to service and supply contracts, the indices of consumer prices, producer prices of industry and services and the indices of contractual hourly wages. 4. The cost and price indices referred to in the paragraph 3 are published, together with the related calculation methodology, on the institutional portal of ISTAT in compliance with the relevant European and national regulatory provisions regarding the communication and dissemination of official statistical information. With a provision adopted by the Ministry of Infrastructure and Transport, after consulting ISTAT, any further categories of indices or further typological or product specifications of the categories of indices identified by paragraph 3 are identified within the indices already produced by ISTAT. 5. To deal with the increased costs deriving from the price revision referred to in this article, the contracting authorities use: a) within the limit of 50 percent, the resources specifically set aside for unforeseen events in the economic framework of each intervention, without prejudice to the related sums to the contractual commitments already undertaken, and any further sums available to the same contracting authority and allocated annually in relation to the same intervention; b) the sums deriving from auction reductions, if no different destination is foreseen by the regulations in force; c) the available sums relating to other completed interventions under the responsibility of the same contracting authority and for which the relative tests or issues certificates of regular execution, in compliance with the expenditure accounting procedures and within the limits of the residual authorized expenditure available. EFFECTIVE: July 1, 2023
  • Article 61. Reserved contracts.

    1. Contracting authorities and granting bodies may reserve the right to participate in procurement and concession procedures or may reserve their execution to economic operators and social cooperatives and their consortia whose main purpose is the social and professional integration of persons with disabilities or disadvantaged persons, or may reserve its execution in the context of protected employment programs when at least 30 percent of the workers of the aforementioned economic operators are made up of workers with disabilities or disadvantaged workers. 2. The contracting authorities and granting bodies provide in the tender notices, notices and invitations, as necessary requirements or as additional reward requirements for the offer, mechanisms and tools suitable for achieving equal generational, gender and employment inclusion opportunities for disabled or disadvantaged people . 3. The tender notice or the prior information notice expressly acknowledges that it is a reserved contract or concession. 4. Upon first application of the code, Annex II.3 provides reward mechanisms and tools to achieve equal generational and gender opportunities and to promote the employment inclusion of disabled people. Persons with disabilities are considered to be those referred to in article 1 of law no. 12 March 1999. 68, disadvantaged people, those provided for by article 4 of law 8 November 1991, n. 381, former patients of psychiatric hospitals, including judicial ones, subjects undergoing psychiatric treatment, drug addicts, alcoholics, minors of working age in situations of family difficulty, people detained or interned in penitentiary institutions, convicted prisoners and admitted internees to alternative measures to detention and outside work pursuant to article 21 of law 26 July 1975, n. 354. 5. Annex II.3 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law no. 23 August 1988. 400, by decree of the President of the Council of Ministers, on the proposal of the delegated authorities for equal opportunities and disabilities, in agreement with the Minister of Infrastructure and Transport, the Minister of Labor and Social Policies, who fully replaces him also as an attachment to the code. EFFECTIVE: July 1, 2023

  • PART III - OF THE SUBJECTS



  • TITLE I - CONTRACTING AUTHORITIES


  • Article 62. Aggregations and centralization of commissions.

    1. All contracting authorities, without prejudice to the obligations to use purchasing and negotiation tools envisaged by current provisions on cost containment, may proceed directly and autonomously with the acquisition of supplies and services for amounts not exceeding the established thresholds for direct assignments, and to the assignment of works for an amount equal to or less than 500,000 euros, as well as through the placing of orders using purchasing instruments made available by qualified purchasing centers and aggregators. 2. To carry out procedures involving amounts exceeding the thresholds indicated in paragraph 1, the contracting authorities must be qualified pursuant to Article 63 and Annex II.4. For the procedures referred to in the first period, ANAC does not issue the tender identification code (CIG) to non-qualified contracting authorities. 3. The annex referred to in paragraph 2 indicates the requirements necessary to obtain qualification and regulates the rewarding requirements. Upon first application of the code, Annex II.4 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, by decree of the President of the Council of Ministers, on the proposal of the Minister of Infrastructure and Transport after hearing the ANAC, subject to agreement within the Unified Conference, which replaces it entirely also as an annex to the code. 4. The annex referred to in paragraph 2 may be integrated with the regulation of further organizational measures for the effective implementation of this article, of article 63 and of the related sanctioning regime, as well as for the coordination, within the ANAC, of the aggregating entities. 5. Qualified contracting authorities, without prejudice to the provisions of paragraph 1 of this article and paragraph 8 of article 63, may: a) carry out, depending on the qualification levels possessed, tenders for amounts higher than the thresholds indicated in the paragraph 1 of this article; b) acquire works, services and supplies using a qualified central purchasing body; c) carry out auxiliary purchasing activities pursuant to paragraph 11; d) proceed through joint procurement pursuant to paragraph 14; e) proceed through autonomous use of the electronic trading tools made available according to the legislation in force by the qualified purchasing bodies; f) proceed to place orders on purchase made available by purchasing centers even for amounts exceeding the qualification levels possessed, with preliminary preference for the regional territory of reference. If the good or service is not available or suitable for satisfying the specific needs of the contracting station, or for reasons of economic convenience, the contracting station may act, subject to justification, without territorial limits; g) execute the contracts on behalf of the stations contracting entities not qualified in the cases referred to in paragraph 6, letter g). 6. Contracting authorities not qualified pursuant to paragraph 2 of article 63, without prejudice to the provisions of paragraph 1 of this article: a) proceed with the acquisition of supplies, services and works using a qualified central purchasing body; b) resort to qualified purchasing centrals and to qualified contracting stations; c) proceed with assignments for services and supplies of an amount lower than the European threshold referred to in paragraphs 1 and 2 of article 14 as well as with assignments of ordinary maintenance works of an amount lower than 1 million euros through use autonomously of the electronic trading tools made available by the qualified purchasing centers in accordance with current legislation; d) place orders on purchasing tools made available by the qualified purchasing centers and aggregating entities, with preliminary preference for the regional territory of reference . If the good or service is not available or suitable for satisfying the specific needs of the contracting authority, or for reasons of economic convenience, the contracting authority may act, subject to justification, without territorial limits; e) execute the contracts for which they are qualified for execution; f) execute the contracts entrusted pursuant to letters b) and c); g) if they are not qualified for execution, they resort to a qualified contracting authority, a qualified central purchasing body or aggregator entities ; in this case they can arrange for the appointment of a support person for the RUP of the contracting central purchasing body. 7. The central purchasing bodies are indicated in the specific section referred to in article 63, paragraph 1. In relation to the qualification requirements possessed, they: a) design, award and stipulate contracts or framework agreements on behalf of non-qualified contracting authorities; b) design, award and stipulate contracts or framework agreements on behalf of qualified contracting authorities; c) design, award and stipulate agreements and framework agreements to which qualified and non-qualified contracting stations can join for the award of their own specific contracts; d) establish and manage dynamic purchasing systems and electronic trading markets; e) execute contracts on behalf of non-qualified contracting stations in hypotheses referred to in paragraph 6, letter g). 8. Annex II.4 can be integrated with specific regulations on the functioning and reference areas of central purchasing bodies, in application of the principles of subsidiarity, differentiation and adequacy. 9. The use of the qualified contracting authority or the qualified purchasing body is formalized through an agreement pursuant to article 30 of the consolidated law on the organization of local authorities, referred to in legislative decree 18 August 2000, n. 267, or pursuant to article 15 of law 7 August 1990, n. 241, or through another method regulating the relationships depending on the legal nature of the central purchasing body. Without prejudice to the obligations for the administrations required to use the purchasing and trading tools made available by the aggregating entities, the qualified contracting authorities and the qualified purchasing centers may activate agreements to which the remaining administrations referred to in Article 1 of the legislative decree 30 March 2001, n. 165, regardless of the territorial scope of location of the contracting station or qualified purchasing body. 10. Non-qualified contracting stations consult the list of qualified contracting stations and qualified purchasing units on the ANAC institutional website. The request to carry out the tender procedure, addressed by the non-qualified contracting authority to a qualified contracting authority or to a qualified purchasing body, is considered accepted if it does not receive a negative response within ten days of its receipt. In the event of a negative response, the unqualified contracting station contacts ANAC, which within fifteen days automatically assigns the request to a qualified contracting station or to a qualified purchasing body, identified on the basis of the qualification bands of referred to in article 63, paragraph 2. Any failure to comply with the official assignment referred to in the third sentence may be sanctioned pursuant to article 63, paragraph 11, second sentence. 11. The qualified purchasing centers and the stations contractors qualified for the levels referred to in article 63, paragraph 2, letters b) and c) may carry out, in relation to the qualification requirements possessed, auxiliary purchasing activities in favor of other central purchasing bodies or for one or more contracting stations without territorial constraint in the manner referred to in paragraph 9, first sentence. The provisions of article 9 of the legislative decree of 24 April 2014, n. 66 converted, with amendments, by law 23 June 2014, n. 89. Outside of the cases referred to in the first sentence, the contracting authorities may use, for auxiliary purchasing activities, with the exception of the activities referred to in Article 3, paragraph 1, letter z), point 4, of the annex I.1, to service providers identified through the procedures referred to in the code. 12. The contracting authority, as part of the commissioning procedures, is responsible for compliance with the code for the activities directly attributable to it, such as: a ) the awarding of a contract within the framework of a dynamic purchasing system managed by a central purchasing body; b) the carrying out of the reopening of the competitive comparison within the framework of a framework agreement concluded by a central purchasing body; c) to pursuant to article 59, paragraph 4, letters a) and c), the determination of which of the economic operators party to the framework agreement will carry out a specific task within the framework of a framework agreement concluded by a central purchasing body. 13. Central purchasing bodies and contracting stations that carry out purchasing activities, including auxiliary ones, are directly responsible for the centralization of purchasing activities carried out on behalf of other contracting stations or granting bodies. They appoint a RUP, who takes care of the necessary connections with the contracting station benefiting from the intervention, which in turn appoints a person responsible for the procedure for the activities pertaining to it. 14. Two or more contracting stations can decide to carry out jointly, pursuant to article 15 of law 7 August 1990, n. 241, one or more phases of the procedure for the assignment or execution of a contract or a framework agreement for works, services and supplies, provided that at least one of them is qualified to carry out the phases themselves in relation to the value of the contract. The contracting authorities are jointly responsible for fulfilling the obligations deriving from the code. They appoint a single RUP in common among themselves headed by the delegated contracting authority. The provisions of Article 15 apply. If the award procedure is carried out jointly only in part, the contracting authorities concerned are jointly responsible only for that part. Each contracting authority is responsible for fulfilling the obligations deriving from the code solely with regard to the parts carried out by it in its own name and on its own account. 15. Without prejudice to the obligations to use the purchasing and negotiation tools provided for by current provisions in terms of cost containment, in identifying the contracting station or qualified central purchasing body, even if located in another member state of the European Union, the contracting stations proceed on the basis of the principle of good performance of the administrative action, giving adequate justification. 16. Contracting authorities may use a central purchasing body located in another Member State of the European Union for the centralization of purchasing activities carried out in the form of centralized acquisition of supplies or services to contracting authorities or in the form of awarding contracts or conclusion of framework agreements for works, supplies or services intended for contracting authorities. The provision of centralized purchasing activities by a central purchasing body located in another Member State shall be carried out in accordance with the national provisions of the Member State in which the central purchasing body is located. 17. From the application of this Article and the article 63, public companies and private entities holding special or exclusive rights are excluded when they carry out one of the activities envisaged by articles 146 to 152. With amendments and additions to Annex II.4 the qualification criteria for bodies and subjects referred to in the first period and the registration rules in the ANAC list, as well as the operating rules and reference areas of the relevant purchasing centers. 18. The planning, awarding and execution of partnership contracts public-private can be carried out by subjects qualified for the levels referred to in article 63, paragraph 2, letters b) and c). EFFECTIVE FROM: 1 July 2023
  • Article 63. Qualification of contracting authorities and central purchasing bodies.

    1. Without prejudice to the provisions of article 62, a list of qualified contracting authorities is established at the ANAC, which ensures its management and publicity, which also includes, in a specific section, the central purchasing bodies, therein including aggregators. Each contracting authority or central purchasing body that satisfies the requirements set out in Annex II.4 obtains the qualification and is registered in the list referred to in the first period. 2. The qualification for design and awarding is divided into three amount bands: a) basic or first level qualification, for services and supplies up to the threshold of 750,000 euros and for works up to 1 million euros; b) intermediate or second level qualification, for services and supplies up to 5 million euros and for works up to the threshold referred to in article 14; c) advanced or third level qualification, without limits on amount. 3. Each contracting authority or central purchasing body may carry out the procedures corresponding to the level of qualification held and to those below. For the higher levels, paragraph 6 of article 62. applies. 4. The Ministry of Infrastructure and Transport, including the interregional authorities for public works, Consip Spa, Invitalia are registered by right in the list referred to in paragraph 1. - National Agency for attracting investments and business development Spa, Difesa Servizi SpA, the State Property Agency, the aggregating entities referred to in Article 9 of the Legislative Decree of 24 April 2014, n. 66, converted, with amendments, by law 23 June 2014, n. 89, Sport and health Spa Upon first application, the contracting authorities of the unions of municipalities, constituted in the forms required by law, of the provinces and metropolitan cities, of the provincial capital municipalities and of the regions are registered with reservation in the list of referred to in article 63, paragraph 1, first sentence. Any further registrations by law may be arranged by decree of the President of the Council of Ministers, after consulting the ANAC, subject to agreement within the Unified Conference. 5. The qualification concerns the activities that characterize the process of acquiring an asset, service or work in relation to the following areas and concerns: a) the capacity for technical-administrative planning of the procedures; b) the capacity for assignment and control of the entire procedure; c) the ability to verify contractual execution, including testing and implementation. 6. Contracting authorities and central purchasing bodies can also be qualified only for the acquisition of works or services and supplies. The contracting authorities and central purchasing bodies to carry out design and awarding activities must be qualified at least in the second range. They plan their activities by coordinating themselves in compliance with the principle of loyal collaboration. 7. The qualification requirements for planning and awarding are governed by Annex II.4 and concern: a) the organization of the expenditure function and to the processes; b) to the consistency, experience and competence of the human resources, including the recruitment system and adequate staff training; c) to the experience gained in the planning, awarding and execution of contracts, including the possible use of construction information management methods and tools. 8. The qualification requirements for execution are indicated separately in Annex II.4, which also provides specific transitional regulations relating to this phase. With amendments and additions to Annex II.4. specific qualification requirements for public-private partnership contracts may be regulated by the ANAC. 9. The administrations whose organization includes structures, including territorial ones, verify the existence of the requirements referred to in paragraph 7 for the same structures and they communicate to the ANAC for the qualification. 10. In relation to the parameter referred to in letter b) of paragraph 7, the National School of Administration defines the requirements for the accreditation of public or private, non-profit institutions, who carry out training activities, proceeding to verify, even on a sample basis, the existence of the requirements themselves and provide for the consequent accreditation activities as well as the revocation of the same in cases of ascertained lack of the requirements. 11. In no case can the interested parties prove the possession of the qualification requirements by resorting to devices that elude their function. The ANAC, for confirmed cases of serious violations of the provisions of this article, may impose a sanction within the minimum limit of 500 euros and the maximum limit of 1 million euros and, in the most serious cases, order the suspension of the qualification previously obtained. Declarations maliciously aimed at demonstrating the possession of non-existent qualification requirements constitute serious violations, including, in particular: a) for central purchasing bodies, the declared presence of a stable organization in which the staff actually continues to work for the administration of origin; b) for the contracting authorities and central purchasing bodies, the declared presence of personnel assigned to the stable organizational structure, who are in fact engaged in other activities; c) the failure to communicate to the ANAC the loss of the requirements. 12. If the qualification is no longer valid or is suspended, the ongoing procedures are nevertheless completed. 13. ANAC establishes the requirements and implementation methods of the qualification system referred to in Annex II. 4, issuing the same qualification. The ANAC may establish further cases in which qualification with reservation may be arranged, aimed at allowing the contracting authority and the central purchasing body, also for auxiliary activities, to acquire the required technical and organizational capacity. EFFECTIVE FROM: 1 ° July 2023
  • Article 64. Procurement involving contracting authorities from different Member States.

    1. Contracting authorities may turn to purchasing centers located in another Member State of the European Union which carry out their activities in compliance with the national provisions of the Member State in which they are located. 2. Administrations and bodies from different Member States may jointly award a public contract, conclude a framework agreement or manage a dynamic purchasing system through agreements that determine: a) the applicable national legislation; b) the responsibilities of the parties; c) the procedures for managing the procedure and the terms of stipulation of contracts and execution of works, supplies or services. 3. If several administrations of different Member States have established a joint entity including the European territorial cooperation groups referred to in Regulation (EC) no. 1082/2006 of the European Parliament and of the Council, of 5 July 2006 or other entities established on the basis of European Union law, establish with a specific agreement that the following alternatively apply to the relevant procurement procedures: a) the national provisions of the Member State in which the joint entity has its registered office; b) the national provisions of the Member State in which the joint entity carries out its activities. 4. Based on what is established in the deed of incorporation of the joint entity, the agreements of this article may apply for an indefinite period or to a generality of contracts, or be limited to a specific period, to certain types of contracts or to one or more awards of individual contracts. EFFECTIVE: July 1, 2023

  • TITLE II - ECONOMIC OPERATORS


  • Article 65. Economic operators.

    1. The economic operators referred to in Article 1(l) of Annex I.1, as well as the economic operators established in other Member States, established in accordance with the legislation in force in the respective countries. 2. The following fall within the definition of economic operators: a) individual entrepreneurs, including artisans, and companies, including cooperatives; b) consortia between production and labor cooperative companies established pursuant to law no. 25 June 1909. 422 and the legislative decree of the provisional Head of State 14 December 1947, n. 1577; c) the consortia between artisan businesses referred to in law 8 August 1985, n. 443; d) stable consortia, also established in the form of consortium companies pursuant to article 2615-ter of the civil code, between individual entrepreneurs, including artisans, commercial companies, production and work cooperative companies; stable consortia are made up of no less than three consortium members who, with a decision taken by the respective deliberative bodies, have established to operate jointly in the sector of public contracts for works, services and supplies for a period of time of no less than five years, establishing for this purpose a common business structure; e) the temporary groupings of competitors, established or in the process of being established by the subjects referred to in letters a), b), c) and d), who, before the submission of the offer, have given a special collective mandate with representation to one of them, a qualified agent, who expresses the offer in the name and on behalf of himself and the principals; f) the ordinary consortia of competitors referred to in article 2602 of the civil code, established or in the process of being established among the subjects referred to in letters a), b), c) and d) of this paragraph, also in the form of companies pursuant to article 2615-ter of the civil code; g) aggregations between companies adhering to the network contract pursuant to article 3, paragraph 4-ter, of the legislative decree of 10 February 2009, n. 5, converted, with amendments, by law 9 April 2009, n. 33; h) the subjects who have stipulated the European Economic Interest Grouping (EEIG) contract pursuant to Legislative Decree 23 July 1991, n. 240. 3. Contracting authorities may require legal persons to indicate, in the offer or request for participation in procedures for the awarding of contracts which involve the execution of services or works as well as supplies which also involve services or installation works in work and installation, the name and professional qualifications of the natural persons responsible for providing the service and may require that certain essential tasks be carried out directly by the tenderer.
  • Article 66. Economic operators for the awarding of architectural and engineering services.

    1. The following are eligible to participate in the procedures for awarding services relating to architecture and engineering in compliance with the principle of non-discrimination between the different subjects on the basis of the legal form assumed: a) providers of engineering and architectural services: individual professionals, associated professionals, companies between professionals referred to in letter b), engineering companies referred to in letter c), consortia, EEIGs, temporary groupings between the aforementioned entities that provide public and private clients, operating on the market, engineering and architectural services, as well as technical-administrative activities and economic-financial feasibility studies connected thereto, including, with reference to interventions relating to the restoration and maintenance of movable assets and the decorated surfaces of architectural assets, individuals with the qualification of restorer of cultural heritage pursuant to current legislation, professional archaeologists, individuals and associates, and the companies established by them; b) professional companies: companies established exclusively between professionals registered in the specific registers required by current professional regulations, in the forms of partnerships referred to in Chapters II, III and IV of Title V of Book V of the civil code, or in the form of a cooperative company referred to in Chapter I of Title VI of Book V of the Civil Code, which carries out engineering and architectural services for private and public clients such as feasibility studies, research, consultancy, planning or management of works, adequacy assessments technical economic or environmental impact studies; c) engineering companies: the joint-stock companies referred to in Chapters V, VI and VII of Title V of Book V of the civil code, or in the form of cooperative companies referred to in Chapter I of Title VI of Book V of the civil code who do not have the requirements of professional companies, which carry out feasibility studies, research, consultancy, planning or management of works, assessments of technical-economic congruity or impact studies, as well as any production activities of goods connected to the performance of said services ; (d) engineering and architectural service providers identified with CPV codes 74200000-1 to 74276400-8 and 74310000-5 to 74323100-0 and 74874000-6 established in other Member States, established in accordance with the legislation in force in their respective Villages; e) other entities authorized by national law to offer engineering and architectural services on the market, in compliance with the principles of non-discrimination and equal conditions between the various authorized entities; f) temporary groupings made up of the subjects referred to in letters a) to e); g) stable consortia of professional companies and engineering companies, even in mixed form, formed by no less than three consortium members who have operated in the engineering and architectural services sectors. 2. To participate in the award procedures referred to in paragraph 1, the subjects indicated therein must possess the minimum requirements established in Part V of Annex II.12. The companies, for a period of five years from their incorporation, can document possession of the economic-financial and technical-organizational requirements required by the tender notice also with reference to the requirements of the shareholders of the companies, if established in the form of a partnership or of a cooperative society, and of the technical directors or professionals employed by the company with a permanent contract, if established in the form of a joint-stock company, as well as the subjects referred to in letter e) of paragraph 1, whose minimum requirements are established in the aforementioned attached. EFFECTIVE FROM: July 1, 2023
  • Article 67. Consortia not necessary.

    1. The technical and financial capacity requirements for admission to the award procedures of the subjects referred to in articles 65, paragraph 2, letters b), c) and d), and 66, paragraph 1, letter g), are governed by regulation referred to in article 100, paragraph 4. 2. Annex II.12 governs, pending the adoption of the regulation referred to in article 100, paragraph 4, the qualification of economic operators, without prejudice to the fact that for consortia referred to in article 65, paragraph 2, letter d): a) for service and supply contracts, the technical and financial capacity requirements are calculated cumulatively for the consortium even if held by the individual consortium member companies; b) for works contracts, the technical and financial capacity requirements for admission to the award procedures are possessed and proven by them on the basis of the qualifications held by the individual consortium companies. 3. For the operators referred to in articles 65, paragraph 2, letter d) and 66, paragraph 1, letter g), the general requirements referred to in articles 94 and 95 are possessed by both the executing consortium members and the consortium members who provide the requirements. The authorizations and other qualifications for participation in the award procedure pursuant to paragraph 3 of article 100 are held, in the case of works or services, by the executing consortium member. 4. The stable consortia referred to in articles 65, paragraph 2, letter d), and 66, paragraph 1, letter g), perform the services either with their own structure or through the consortium members indicated in the tender without this constituting subcontracting, without prejudice to joint and several liability towards the contracting authority. The assignment of services by the subjects referred to in article 65, paragraph 2, letters b) and c), to their consortium members does not constitute subcontracting. The consortia, referred to in articles 65, paragraph 2, letter d) and 66, paragraph 1, letter g), indicate at the time of the offer which consortium members the consortium is bidding for. Participation in the tender in any other form by the consortium member designated by the bidding consortium determines the exclusion of the same if the conditions referred to in Article 95, paragraph 1, letter d) are met, provided that the economic operator does not demonstrate that the circumstance did not influence the tender, nor is it likely to impact the ability to comply with contractual obligations, without prejudice to the option referred to in article 97. 5. Consortia of cooperatives and consortia of artisan businesses may participate in the tender procedure , without prejudice to the provisions of articles 94 and 95, using its own requirements and, among these, making use of the means available to the consortium members that constitute them. 6. For the works, for the purposes of the qualification referred to in article 100 , the criteria for attributing the services performed to the permanent consortium or to the individual consortium members who perform them are established in Annex II.12. In the event of dissolution of the stable consortium for services and supplies, the economic-financial and technical-organizational requirements accrued in favor of the consortium and not assigned in execution to the consortium members are attributed pro quota. The allocation quotas are proportional to the contribution made by the individual consortium members in carrying out the services in the previous five-year period. 7. Only the requirements accrued by the consortium itself can be used. 8. With regard to the consortia referred to in the article 65, paragraph 2, letter d), for the purposes of issuing or renewing the SOA qualification certificate, the technical and financial capacity requirements are possessed and proven by the consortia on the basis of the qualifications held by the individual consortium member companies. The qualification is acquired with reference to a specific category of general or specialist works for the classification corresponding to the sum of those owned by the consortium companies. To qualify for the unlimited amount classification, it is in any case necessary that at least one of the consortium companies already possesses this qualification or that among the consortium companies there are at least one with qualification for classification VII and at least two with classification V or higher, or that among the consortium companies there are at least three qualified for classification VI. For qualification for design and construction services, as well as for the use of the reward mechanisms referred to in article 106, paragraph 8, it is in any case sufficient that the corresponding requirements are possessed by at least one of the consortium companies. If the sum of the rankings of the consortium companies does not coincide with one of the rankings referred to in Annex II.12, the qualification is acquired in the ranking immediately lower or in the one immediately higher than the sum of the rankings held by the consortium companies, depending on whether this sum is respectively below, above or equal to half the interval between the two rankings. The acts adopted by the ANAC remain effective until the date of entry into force of the regulation referred to in paragraph 2. EFFECTIVE FROM: 1 July 2023
  • Article 68. Temporary groupings and ordinary consortia of economic operators.

    1. The submission of offers by the entities referred to in article 65, paragraph 2, letter e) and letter f), is permitted, even if not yet established. In this case the offer must be signed by all the economic operators who will constitute the temporary groupings or ordinary consortia of competitors and must contain the commitment that, in the event of the tender being awarded, the same operators will confer a special collective mandate with representation to one of them, to be indicated in the offer and qualified as agent, who will stipulate the contract in the name and on behalf of himself and the principals. 2. Without prejudice to the provisions of paragraph 4, the categories of work are specified in the offer or the parts of the service or supply that will be carried out by individual economic operators united or associated with a consortium, with their commitment to carry them out. 3. Temporary groupings cannot be obliged to have a specific legal form for the purposes of presenting a the offer or a request for participation. 4. The contracting authorities may: a) require groupings of economic operators to assume a specific legal form after the award of the contract, in the event that such transformation is necessary for the good execution of the contract; b) specify in the tender documents the methods with which the groups of economic operators comply with the requirements regarding economic and financial capacity or technical and professional capabilities, provided that this is proportionate and justified by objective reasons. 5 To establish the temporary grouping, the economic operators must confer, with a single deed, a special collective mandate with representation to one of them, called the agent. 6. The mandate must result from an authenticated private agreement. The relevant power of attorney is granted to the legal representative of the mandated economic operator. The mandate is free and irrevocable and its revocation, even for just cause, has no effect on the contracting authority. In the event of non-compliance by the agent company, the revocation of the special collective mandate referred to in paragraph 5 is permitted in order to allow the contracting authority to make direct payments to the other companies in the group. 7. The agent has exclusive representation, including procedural, of the principals towards the contracting authority for all operations and acts of any nature dependent on the contract, even after testing, or equivalent act, until the termination of any relationship. The contracting authority, however, can directly enforce the responsibilities of the principals. 8. The mandate relationship does not in itself determine organization or association of the combined economic operators, each of whom retains their autonomy for the purposes of management, tax and social security obligations. 9. The offer of the grouped economic operators or consortium members determines their joint and several liability towards the contracting authority, as well as towards the subcontractor and suppliers. In the case referred to in paragraph 4, letter a), the joint and several liability referred to in the first sentence coincides with that of the legal entity into which the temporary grouping or ordinary consortium has transformed. In the case referred to in paragraph 4, letter a) and in the event that the joint or consortium competitors indicated by the consortium as executors, even in part, of the works after the award constitute among themselves a company, including a consortium, pursuant to the Book V of Title V, Chapters III and following of the civil code, for the unitary, total or partial execution of the works, the joint and several liability referred to in the first sentence concurs with that of the legal entity in which the temporary grouping or ordinary consortium takes place are transformed from the date of notification of the deed of incorporation to the contracting authority and, subordinately, to the registration of the company in the business register. In this case the company takes over, without this constituting any subcontracting or transfer of contract and without the need for authorization or approval, in the total or partial execution of the contract. 10. The contracting authorities may request the groupings of economic operators conditions for the execution of a contract different from those imposed on individual participants, provided that they are proportionate and justified by objective reasons. 11. Ordinary groupings and consortia of economic operators are admitted to the tender if the entrepreneurs or other grouping that participate, or the consortium entrepreneurs, have overall the requirements relating to economic and financial capacity and technical and professional capabilities, without prejudice to the It is necessary for the performer to be in possession of the requirements prescribed for the performance that he has undertaken to carry out pursuant to paragraph 2. The provisions contained in Annex II.12. 12 apply to the extent compatible. If the individual competitor o the competitors who intend to form a temporary group meet the requirements set out in this article, may group other qualified companies also for categories and amounts different from those requested in the notice, provided that the works carried out by the latter do not exceed 20 percent of the the overall amount of the works and that the overall amount of the qualifications possessed by each is at least equal to the amount of the works that will be entrusted to it. 13. All participants in the group and in the ordinary consortium possess the general requirements referred to in the articles 94 and 95. 14. Participation in the tender by competitors in more than one ordinary group or consortium, or individually if they have participated in the same tender in an ordinary group or consortium, determines their exclusion if the conditions of referred to in Article 95, paragraph 1, letter d), provided that the economic operator does not demonstrate that the circumstance did not influence the tender, nor is it likely to affect the ability to comply with the contractual obligations. 15. The association in participation both during the tender procedure and following the award. The modification of consortia and groupings is admissible within the terms indicated in article 97 and paragraph 17 of this article. 16. Failure to comply with the provisions of paragraph 15 entails the exclusion of competitors grouped in an ordinary group or consortium of competitors , as well as the cancellation of the award or the termination of the contract. 17. The withdrawal of one or more grouped companies is permitted, provided that the remaining companies have the qualification requirements appropriate to the works or services or supplies still to be performed. Withdrawal is permitted even if the grouping is reduced to a single entity. 18. The provisions referred to in paragraph 17 also apply with reference to the subjects referred to in article 65, paragraph 2, letters b), c), d ) and f). 19. In the case of restricted or negotiated procedures or competitive dialogue, the individually invited economic operator or the candidate individually admitted to the competitive dialogue procedure may submit an offer or negotiate on his own behalf or as agent of grouped operators. 20 This article applies, insofar as it is compatible, in the participation in the awarding procedures of the aggregations between the companies adhering to the network contract, referred to in article 65, paragraph 2, letter g); the latter, in the event that they have all the requirements of the stable consortium referred to in article 65, paragraph 2, letter d), are equated with it for the purposes of SOA qualification. EFFECTIVE FROM: 1 July 2023
  • Article 69. Agreement on Government Procurement (GPA) and other international agreements.

    1. If they are covered by Annexes 1, 2, 4 and 5 and by the general notes of Appendix 1 of the European Union to the Agreement on Government Procurement (GPA) and other international agreements to which the Union is bound, the contracting authorities apply to works, supplies, services and economic operators from third countries signatories to such agreements treatment no less favorable than that granted pursuant to the code. EFFECTIVE FROM: 1 July 2023

  • PART IV - CONTRACTOR CHOICE PROCEDURES


  • Article 70. Selection procedures and related conditions.

    1. For the award of public contracts, contracting authorities use the open procedure, the restricted procedure, the competitive procedure with negotiation, the competitive dialogue and the partnership for innovation. 2. Only in the cases provided for by article 76 the contracting authorities may use the negotiated procedure without publication of a tender notice. 3. Contracting authorities use the competitive procedure with negotiation or competitive dialogue: a) for the awarding of contracts for works, supplies or services in the presence of one or more of the following conditions: 1) when the needs of the contracting authority pursued with the contract cannot be satisfied with other procedures; 2) when the needs of the contracting authority imply innovative solutions or projects; 3) when the the contract cannot be awarded without prior negotiations due to particular circumstances in relation to the nature, complexity or financial and legal setting of the subject of the contract or due to the risks connected to it; 4) when the technical specifications cannot be established with sufficient precision by the contracting authority with reference to a standard, a European technical assessment, a common technical specification or a technical reference in accordance with numbers 2) to 5) of Part I of Annex II.5. Upon first application of the code, Annex II.5 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, which replaces it entirely also as an annex to the code; b) for the awarding of contracts for works, supplies or services for which, following an open procedure or restricted, only inadmissible bids pursuant to paragraph 4 were submitted. In this case the contracting authority is not required to publish a tender notice if it admits to the further procedure all, and only, the bidders in possession of the requirements set out in the articles from 94 to 105 who, in the previous open or restricted procedure, submitted offers compliant with the formal requirements of the procurement procedure. 4. Offers are inadmissible: a) not compliant with the tender documents; b) received after the deadlines indicated in the notice or invitation with which the tender is announced; c) in relation to which there is evidence of corruption or collusion; d) considered abnormally low; e) presented by bidders who do not possess the necessary qualification; f) whose price exceeds the amount used as the basis for the tender, established and documented before the start of the procurement procedure. 5. Contracting authorities may use the innovation partnership when the need to develop innovative products, services or works and to subsequently purchase the resulting supplies, services or works cannot be satisfied by using solutions already available on the market, provided that the supplies, services or the resulting works correspond to the performance levels and maximum costs agreed between the contracting authorities and the participants. 6. In restricted procedures, in competitive procedures with negotiation, in competitive dialogue and innovation partnership procedures, the contracting authorities, applying the objective and non-discriminatory criteria or rules indicated in the tender notice or in the invitation to confirm interest, may limit the number of candidates, who satisfy the selection criteria, to be invited to submit a tender, to negotiate or participate in the dialogue, in compliance with the principle of competition and the minimum number of candidates to be invited indicated in the tender notice or in the invitation to confirm interest. In any case, the minimum number of candidates cannot be less than five in restricted procedures and three in other procedures. The contracting authority cannot admit to the same procedure other economic operators who have not asked to participate or candidates who do not have the required capabilities. 7. In the competitive procedure with negotiation, in the competitive dialogue and in the partnership for innovation, during the negotiations and during dialogue, the contracting authorities guarantee equal treatment of all participants; do not provide information in a discriminatory manner that may give some participants an advantage over others; in accordance with Article 35, do not reveal the proposed solutions or other confidential information communicated by a candidate or tenderer participating in the negotiations or dialogue, unless expressly consented to by the latter and in relation only to the specific information expressly indicated. In relation to the partnership for innovation, contracting authorities shall define in the tender documents the regime applicable to intellectual property rights and, in the case of a partnership with multiple economic operators, shall not reveal to the other economic operators, in accordance with Article 35, the solutions proposals or other confidential information communicated by an economic operator, in the framework of the partnership, unless expressly consented to by the latter and in relation only to the specific information expressly indicated. EFFECTIVE FROM: 1 July 2023
  • Article 71. Open procedure.

    1. In open procedures, any interested economic operator may submit an offer in response to a call for competition. 2. The minimum deadline for receiving offers is thirty days from the date of transmission of the call for tenders pursuant to the 'article 84. The offers are accompanied by the information requested by the contracting authority. 3. The contracting authorities may set a deadline of no less than fifteen days from the date of transmission of the tender notice pursuant to article 84, if for reasons of urgency, specifically motivated, the minimum deadline established by paragraph 2 of this article cannot be respected. 4. In the event that the contracting authorities have published a prior information notice referred to in article 81 which has not been used as a means of calling a tender, the minimum term referred to in paragraph 2 of this article may be reduced to fifteen days provided that the following conditions are met: a) the pre-information notice contains all the information required for the tender tender referred to in Annex II.6, Part I, letter B, section B.1, provided that these are available at the time of publication of the pre-information notice; b) the pre-information notice has been sent to publication no less than thirty-five days and no more than twelve months before the date of transmission of the tender notice. 5. Upon first application of the code, Annex II.6 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law no. 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, which replaces it entirely also as an annex to the code. EFFECTIVE FROM: 1 July 2023
  • Article 72. Restricted procedure.

    1. In restricted procedures, any economic operator may submit a request to participate in response to a call for competition containing the data referred to in Annex II.6, Part I, letter B or C as the case may be, by providing the information requested by the contracting authority. 2. The minimum deadline for receiving requests for participation is thirty days from the date of transmission of the tender notice pursuant to article 84 or, if the pre-information notice is used as a means of calling a tender, from the date of sending the invitation to confirm one's interest. 3. Following the evaluation by the contracting authorities of the information provided, only the economic operators invited may submit an offer. The minimum deadline for receiving offers is thirty days from the date of the invitation to submit offers. 4. If the contracting authorities have published the pre-information notice not used for calling a tender, the minimum deadline for the submission of tenders may be reduced to ten days provided that the following circumstances concur: a) the pre-information notice contains all the information required in Annex II.6, Part I, letter B, section B.1, provided that such information is available at the time of publication of the pre-information notice; b) the pre-information notice was sent no less than thirty-five days and no more than twelve months before the date of transmission of the contract notice . 5. The contracting authorities referred to in Article 1, paragraph 1, letter d) of Annex I.1 may set the deadline for the receipt of offers in agreement with the selected candidates, provided that the latter have a deadline identical to draw up and submit their offers. In the absence of agreement, the deadline cannot be less than ten days from the date of sending of the invitation to submit offers. 6. When for justified reasons of urgency it is impossible to respect the minimum deadlines set out in this article, the contracting authority may set : a) for the receipt of requests to participate, a deadline of no less than fifteen days from the date of publication of the tender notice; b) for the receipt of offers, a deadline of no less than ten days from the date of sending of the invitation to tender. EFFECTIVE FROM: 1 July 2023
  • Article 73. Competitive procedure with negotiation.

    1. In competitive procedures with negotiation, any economic operator may submit a request to participate in response to a call for competition containing the information referred to in Annex II.6, Part I, letters B or C, providing the information requested by the contracting station. 2. In the tender documents, the contracting stations identify the object of the contract by providing a description of their needs, illustrating the characteristics required for the supplies, works or services to be contracted and specifying the criteria for the award of the contract. 'contract. They shall also specify which elements of the description define the minimum requirements that all tenderers must meet. 3. The information provided allows economic operators to identify the nature and scope of the procurement and decide whether to participate in the procedure. 4. The The minimum deadline for receiving requests to participate is ten days from the date of transmission of the tender notice pursuant to Article 84 or, if a pre-information notice is used as a means of calling for tenders, from the date of sending the invitation to confirm your interest. 5. The minimum deadline for receiving initial offers is twenty-five days from the date of transmission of the invitation. The terms referred to in paragraph 4 and in this paragraph are reduced in the cases provided for in article 72, paragraphs 4, 5 and 6. 6. Only economic operators invited by the contracting authority, following the evaluation of the information provided, can submit an initial offer. Except as provided for in paragraph 9, the initial and subsequent offers, excluding the final offer, may be negotiated to improve their content, except for aspects relating to the minimum requirements and award criteria. 7. If provided for in the in the tender notice, in the invitation to confirm interest or in another tender document and in application of the award criterion indicated therein, the competitive procedures with negotiation may take place in successive phases to reduce the number of offers to be negotiated. The contracting authority shall inform in writing all tenderers whose tenders have not been excluded of changes to the technical specifications or other tender documents other than those establishing the minimum requirements, allowing them sufficient time to amend and resubmit, where appropriate, modified offers. 8. When contracting authorities intend to conclude negotiations, they shall inform the other tenderers and establish a deadline within which new or modified offers may be submitted. They shall verify that the final offers comply with the minimum requirements prescribed by Article 107, evaluate the final offers based on the award criteria and award the contract in accordance with Articles 105, with regard to life cycle costs, 108 and 110, taking into account the life cycle costs governed by Annex II.8. 9. Contracting authorities may award contracts on the basis of initial offers without negotiation if they have indicated, in the contract notice or in the invitation to confirm interest, that reserve this possibility. EFFECTIVE FROM: 1 July 2023
  • Article 74. Competitive dialogue.

    1. In the competitive dialogue, any economic operator may request to participate in response to a tender notice, or a call for tenders, by providing the information requested by the contracting authority. 2. The minimum deadline for receiving requests to participate is of thirty days from the date of transmission of the tender notice pursuant to article 84. 3. The contracting authorities shall indicate in the tender notice or in the call for tender notice or in an attached descriptive document the needs they intend to pursue, the requirements to be met, the award criterion, the indicative duration of the procedure as well as any prizes or payments for the participants in the dialogue. The contract is awarded solely on the basis of the criterion of the offer with the best quality/price ratio in accordance with Article 108. 4. Before starting the dialogue, the contracting authorities may organize a consultation with the economic operators selected on the basis of the documentation based on the tender and on the methods of carrying out the dialogue. In the thirty days following the conclusion of the consultation, the selected participants may withdraw from the dialogue. 5. The competitive dialogue concerns all aspects of the contract and is aimed at identifying and defining the most suitable means to satisfy the needs of the contracting authority. Where foreseen in the tender notice or in the descriptive document and in application of the award criterion provided therein, the competitive dialogue can take place in successive phases to reduce the number of solutions emerging during the dialogue phase. The competitive dialogue continues until the contracting authority identifies the solution or solutions suitable to satisfy its needs. Once the dialogue has been declared concluded and the remaining participants have been informed, the contracting authority invites each of them to present the final offer on the basis of the solution or solutions presented and specified in the dialogue phase. The offer contains all the elements required and necessary for the execution of the project. The offers presented may be, upon request of the contracting authority, clarified, specified and perfected. The clarifications, clarifications and completion of the information cannot have the effect of modifying the essential aspects of the offer or contract, including the requirements and needs indicated in the tender notice, in the call for competition or in the descriptive document, if the variations risk distorting competition or having a discriminatory effect. 6. The contracting authorities evaluate the offers received on the basis of the award criteria set in the tender notice, in the call for competition or in the document descriptive. 7. The contracting authority may conduct further negotiations with the economic operator who appears to have submitted the offer with the best quality/price ratio to confirm the financial commitments or other contents of the offer through the completion of the clauses of the contract, provided that this does not result in a substantial modification of fundamental elements of the offer or public contract, including the needs and requirements defined in the tender notice or in the descriptive document, and that there is no risk of distorting competition or creating discrimination. EFFECTIVE: July 1, 2023
  • Article 75. Innovation partnership.

    1. In the tender documents, the contracting authority identifies the need for innovative products, services or works that cannot be satisfied with those available on the market. It also indicates the elements of the identified innovative products, services or works that define the minimum requirements that all tenderers must meet. This information shall be sufficiently precise to allow economic operators to identify the nature and scope of the solution requested and decide whether to participate in the procedure. 2. In the Innovation Partnership, any economic operator may make a request to participate in response to a tender notice or a call for competition, providing the elements requested by the contracting authority. 3. The contracting authority may decide to establish the innovation partnership with one or more economic operators conducting separate research and development activities. The minimum deadline for receiving requests to participate is thirty days from the date of transmission of the tender notice pursuant to Article 84. Contracts are awarded solely on the basis of the best quality/price ratio pursuant to Article 108. 4. When selecting candidates, contracting authorities apply criteria relating to the candidates' capabilities in the research and development sector and in the development and implementation of innovative solutions. Only economic operators invited by the contracting authorities following the evaluation of the requested information can present research and innovation projects. 5. The innovation partnership is structured in successive phases according to the sequence of the research and innovation process, which it may include the manufacturing of products or the provision of services or the carrying out of works, the estimated value of which must not be disproportionate to the investment required for their development. In particular, the duration and value of the various phases reflect the degree of innovation of the proposed solution and the sequence of research and innovation activities necessary for the development of an innovative solution not yet available on the market. The innovation partnership sets intermediate objectives that the parties must achieve and provides for the payment of remuneration in appropriate instalments. Based on the intermediate objectives and their actual achievement, the contracting authority may decide, after each phase, to terminate the innovation partnership or, in the case of a partnership with multiple operators, to reduce the number of operators by terminating individual contracts, provided that it has indicated these possibilities and the conditions for making use of them in the tender documents. 6. The initial and subsequent offers, excluding the final offer, may be negotiated to improve their content, except for aspects relating to minimum requirements and award criteria. Where foreseen in the tender notice, in the invitation to confirm interest or in another tender document and in application of the award criterion provided therein, negotiations during the procedure may take place in successive phases to reduce the number of offers to be negotiated . The contracting authority shall inform in writing all tenderers whose offers have not been excluded of changes to the technical specifications or other tender documents other than those establishing the minimum requirements; allows bidders sufficient time to amend and resubmit, where appropriate, amended bids. EFFECTIVE: July 1, 2023
  • Article 76. Negotiated procedure without publication of a notice.

    1. Contracting authorities may award public contracts through a negotiated procedure without publication of a tender notice when the conditions established by the following paragraphs are met, giving reasoned account thereof in the first act of the procedure in relation to the specific factual situation and the characteristics of the potentially interested parties and the dynamics that characterize them, and in compliance with the principles referred to in articles 1, 2 and 3. For these purposes, the contracting authorities take into account the results of any market consultations carried out, also aimed at analyzing the European markets or, if as appropriate, non-European. 2. Contracting authorities may resort to a negotiated procedure without publication of a notice in the following cases: a) when no offer or no appropriate offer has been submitted, nor any request for participation or any request for appropriate participation, following the trial of an open or restricted procedure, provided that the initial conditions of the contract are not substantially modified and provided that a report is sent to the European Commission, upon request of the latter; an offer is not considered appropriate if it has no relevance to the contract and is, therefore, manifestly inadequate to meet the needs of the contracting authority and the requirements specified in the tender documents, unless substantially modified. An application to participate is not considered appropriate if the economic operator concerned is excluded pursuant to Articles 94, 95, 96, 97 and 98 or does not meet the requirements established by the contracting authority pursuant to Article 100; b) when the works, supplies or services may be provided only by a specific economic operator for one of the following reasons: 1) the purpose of the procurement consists in the creation or acquisition of a unique work of art or artistic representation; 2 ) competition is absent for technical reasons; 3) the protection of exclusive rights, including intellectual property rights; c) to the extent strictly necessary when, for reasons of extreme urgency deriving from events unforeseeable by the contracting authority, the terms for open procedures or restricted procedures or competitive procedures with negotiation cannot be respected; the circumstances invoked to justify extreme urgency must in no case be attributable to the contracting authorities. 3. The exceptions referred to in paragraph 2, letter b), numbers 2) and 3), apply only when no other operators exist economic or reasonable alternative solutions and the absence of competition is not the result of an artificial limitation of the contract parameters. 4. In the case of public supply contracts, the procedure referred to in this article is also permitted in the following cases: a) when the products covered by the contract are manufactured exclusively for the purposes of research, experimentation, study or development, except in the case of production in quantities aimed at ascertaining the commercial viability of the product or at amortising research costs and development; b) in the case of complementary deliveries made by the original supplier and intended for the partial renewal of supplies or systems or the expansion of existing supplies or systems, when the change of supplier obliges the contracting authority to purchase supplies with technical characteristics different, the use or maintenance of which would lead to incompatibility or disproportionate technical difficulties; the duration of these contracts and renewable contracts cannot normally exceed three years; c) for supplies listed and purchased on the raw materials market; d) for the purchase of supplies or services at particularly advantageous conditions, to be a supplier who definitively ceases commercial activity or by the bodies of competition procedures. 5. The procedure provided for by this article is also permitted in public procurement relating to services when the procurement follows a design competition and must, on the basis to the applicable rules, be awarded to the winner or one of the winners of the competition. In the latter case, all winners must be invited to participate in the negotiations. 6. The procedure provided for in this article may be used for new works or services consisting in the repetition of similar works or services, already entrusted to the successful economic operator of the initial contract by the same contracting authorities, provided that such works or services comply with the project on which the tender was based and that this project was the subject of an initial contract awarded according to a procedure referred to in Article 70, paragraph 1. The tender-based project indicates the extent of any additional works or services and the conditions under which they will be awarded. The possibility of making use of the procedure provided for in this article is indicated from the start of the competitive comparison in the first operation and the total amount expected for the continuation of the works or the provision of services is calculated for the determination of the overall value of the contract, for the purposes of applying the thresholds referred to in article 14, paragraph 1. The use of this procedure is limited to the three-year period following the stipulation of the initial procurement contract. 7. Where possible, the contracting authorities identify the economic operators to be consulted on the basis of information regarding the economic and financial and technical and professional qualification characteristics taken from the market, in compliance with the principles of transparency and competition, selecting at least three economic operators, if suitable subjects exist in that number. The contracting authority chooses the economic operator who has offered the most advantageous conditions, pursuant to article 108, after verifying possession of the participation requirements required for the awarding of contracts of equal amount through an open, restricted or competitive procedure with negotiation. EFFECTIVE FROM: July 1, 2023

  • PART V - OF THE CONDUCT OF THE PROCEDURES



  • TITLE I - THE PREPARATORY ACTS


  • Article 77. Preliminary market consultations.

    1. Contracting authorities may carry out market consultations to prepare tender documents, including the choice of tender procedures, and to inform economic operators of the tenders they have planned and the related requirements required. 2. For the purposes of referred to in paragraph 1, contracting authorities may acquire information, consultancy, reports and any other suitable documentation, including of a technical nature, from experts, market operators, independent authorities or other suitable subjects. This documentation may also be used in planning and carrying out the procurement procedure, provided that it does not have the effect of distorting competition and does not lead to a violation of the principles of non-discrimination and transparency. EFFECTIVE FROM: 1 July 2023
  • Article 78. Participation in preliminary consultations of candidates or tenderers.

    1. If a candidate or a tenderer or a company linked to a candidate or a tenderer has provided the documentation or information, data and news referred to in Article 77, paragraph 2, or has otherwise participated in the preparation of the procedure of the award of the contract, the contracting authority adopts adequate measures to guarantee transparency and that competition is not distorted by the participation of the candidate or the tenderer himself. The provision of relevant information exchanged during preliminary consultations to other candidates and tenderers, as well as the setting of adequate deadlines for the receipt of tenders, constitute the minimum appropriate measure. 2. Where it is not possible to ensure compliance with the principle of equal treatment , the contracting authority invites the interested candidate or tenderer to provide, within a period not exceeding ten days, any suitable element to prove that his participation in the preparation and choice of the contract award procedure does not constitute a cause of alteration of competition. If the contracting authority does not consider the justifications provided to be adequate, the candidate or tenderer concerned is excluded from the procedure. 3. The measures adopted by the contracting authority are indicated in the single report required by article 112. EFFECTIVE FROM: 1st July 2023
  • Article 79. Technical specifications.

    1. The technical specifications are defined and governed by Annex II.5. EFFECTIVE: July 1, 2023
  • Article 80. Labelling.

    1. Labeling is defined and governed by Annex II.5. EFFECTIVE FROM: 1 July 2023
  • Article 81. Prior information notices.

    1. The contracting authorities shall make known by 31 December of each year their intention to call for tenders for the following year by publishing on their institutional website a pre-information notice containing the information referred to in Annex II.6, Part I , letter B, section B.1. For contracts with amounts equal to or greater than the thresholds referred to in Article 14, the pre-information notice is published by the Publications Office of the European Union or by the contracting authority on its institutional website. In the latter case, the contracting authorities communicate the pre-information notice to the ANAC which, via the national database of public contracts, takes care of sending to the aforementioned Office a notice relating to the publication on the institutional website of the contracting authority containing the information referred to in Annex II.6, Part I, letter A. 2. For restricted procedures and competitive procedures with negotiation, sub-central contracting authorities may use a prior information notice as a call for competition, provided that the notice satisfies all of the following conditions: a) refers specifically to the supplies, works or services that will be the subject of the contract to be awarded; b) indicates that the contract will be awarded by means of a restricted procedure or a procedure competitive with negotiation without further publication of a call for competition and invites interested economic operators to express their interest; c) contains, in addition to the information referred to in Annex II.6, Part I, letter B, section B .1, the information referred to in Annex II.6, Part I, letter B, section B.2; d) has been sent for publication no less than thirty-five days and no more than twelve months before the date of dispatch of the invitation to confirm the interest referred to in article 89, paragraph 1. 3. The notice referred to in paragraph 2 is published on the institutional website of the contracting authority as a supplementary publication at national level, in accordance with article 85. 4. The period covered by the pre-information notice cannot exceed twelve months from the date of transmission of the notice for publication. However, in the case of public procurement for services referred to in Annex . EFFECTIVE FROM: January 1, 2024
  • Article 82. Tender documents.

    1. The following constitute tender documents, in particular: a) the notice, the tender notice or the invitation letter; b) the tender specifications; c) the special specifications; d) the proposed contractual conditions. 2. In case of conflict or contradiction between the provisions contained in the documents referred to in paragraph 1, those included in the notice or in the tender notice. EFFECTIVE: July 1, 2023

  • TITLE II - ANNOUNCEMENTS, NOTICES AND INVITATIONS


  • Article 83. Announcements and notices: contents and methods of drafting.

    1. All procedures for choosing the contractor are announced through tenders or notices, subject to legal exceptions. The tender identification code (CIG) acquired through the national database of public contracts is indicated in the tender notices or notices. 2. The notices, pre-information notices and notices relating to the contracts awarded contain the information respectively indicated in the Annex II.6. The tender notices also indicate the duration of the tender process, in compliance with the maximum terms referred to in Article 17, paragraph 3, and the minimum environmental criteria referred to in Article 57, paragraph 2. 3. After adoption by part of the ANAC of standard tenders, the tender notices are drawn up in accordance with the same. The contracting authorities, in the resolution to contract, expressly justify the exceptions to the standard tender. EFFECTIVE FROM: 1 January 2024
  • Article 84. Publication at European level.

    1. Notices, prior information notices and notices relating to contracts awarded for an amount equal to or greater than the thresholds referred to in Article 14 are drawn up by the contracting authorities and transmitted to the Publications Office of the European Union, for via the national database of public contracts, according to methods compliant with Annex II.7. Confirmation by the said Office of receipt and notice of the publication transmitted, with indication of the date of publication, is valid as proof of publication. Upon first application of the code, Annex II.7 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, which replaces it entirely also as an annex to the code. 2. The notices and notices are published in full in Italian, without prejudice to the regulations in force in the autonomous province of Bolzano on bilingualism; the text published in these languages is the only authentic one. A summary of the important elements of each notice or notice shall be published by the Publications Office of the European Union in the other official languages of the institutions of the European Union. 3. Contracting authorities may send for publication notices relating to public contracts which are not subject to the obligation of publication by the Publications Office of the European Union, provided that they are transmitted to that office according to the model and methods specified in paragraph 1. EFFECTIVE FROM: 1st January 2024
  • Article 85. Publication at national level.

    1. The notices, pre-information notices and those relating to the contracts awarded are published, only after the publication referred to in article 84, on the ANAC national database of public contracts and on the institutional website of the contracting authority or agency. the granting body. However, publication may still take place if publication at European level has not been notified within forty-eight hours of confirmation of receipt of the notice in accordance with Article 84. 2. Notices and tenders published at national level on the station's institutional website contracting authority and on the National Database of Public Contracts of the ANAC do not contain information other than that of the notices or notices sent to the Publications Office of the European Union and mention the date of transmission to the Publications Office of the European Union or of publication on the institutional website of the contracting authority. 3. The prior information notices referred to in Article 81, paragraph 1, are not published on the institutional website of the contracting authority before the notice is sent to the Publications Office of the European Union which announces its publication in this form. The notices indicate the date of such transmission. 4. The notices, pre-information notices and those relating to the contracts awarded are communicated to the National Database of Public Contracts, which publishes them following receipt of the confirmation of publication by the Publications Office of the European Union or after the deadline referred to in paragraph 1 has elapsed. Once this publication has taken place, the contracting authorities shall make the tender documents accessible through the hyperlink communicated to the database itself, guaranteeing access and availability until completion of the tender procedure and execution of the contract. The legal effects of the documents subject to publication start from the date of publication in the national database of public contracts. 5. Publications on the ANAC database and on the institutional website of the contracting authority take place without charges. The publication of further, complementary or additional information to that indicated in the code takes place exclusively digitally on the institutional website of the contracting authority. EFFECTIVE FROM: 1 January 2024
  • Article 86. Voluntary notice for preventive transparency.

    1. The voluntary notice for preventive transparency, the format of which is established by the European Commission according to the consultation procedure referred to in Article 3-ter, paragraph 2, of Council Directive 89/665/EEC of 21 December 1989 and referred to in Article 3-ter, paragraph 2, of Council Directive 92/13/EEC of 25 February 1992, contains the following information: a) name and address of the contracting authority; b) description of the object of the contract; c) justification for the contracting authority's decision to award the contract without publication of a tender notice in the Official Journal of the European Union; d) name and address of the economic operator in favor of whom the award took place ; e) if necessary, any other information deemed useful by the contracting authority. EFFECTIVE: July 1, 2023
  • Article 87. Tender specifications and special specifications.

    1. The tender specifications establish the rules for carrying out the bid selection procedure. 2. The special specifications define the contents of the future contractual relationship between the successful tenderer and the contracting authority. 3. The tender specifications and the special specifications indicate, for the aspects of their respective competence, the technical specifications, labelling, test reports, certifications and other means of proof, as well as the life cycle cost as established in Annex II.8. EFFECTIVE FROM: July 1, 2023
  • Article 88. Digital availability of tender documents.

    1. Starting from the date of publication of a notice or from the date of sending an invitation to confirm interest, the tender documents are made available in digital form, free of charge, unlimited and directly. The notice and invitation to confirm interest indicate the hyperlink where the tender documents are accessible. 2. In cases where it is impossible to use the means of electronic communication provided for by the code, the notice or invitation to confirm the interest, give an account of it and indicate the methods by which the documents are transmitted. In these cases the deadline for submitting bids is extended by no more than five days. 3. The additional information requested on the tender documents is communicated to all bidders or made available on the digital procurement platform and on the institutional website for at least six days before the deadline established for the receipt of tenders expires and at least four days before when the deadline for the receipt of tenders is shortened. EFFECTIVE FROM: 1 July 2023 (however, the homologous art. 74 of Legislative Decree 50/2016 also remains effective until 31 December 2023)
  • Article 89. Invitations to candidates.

    1. In restricted procedures, in competitive dialogue, in innovation partnerships, in competitive procedures with negotiation, the contracting authorities shall simultaneously and in writing invite, through digital procurement platforms, the selected candidates to submit their respective offers or to negotiate or , in the case of competitive dialogue, to participate in the dialogue. In the case of a call for tenders via a pre-information notice, the contracting authorities invite economic operators who have already expressed interest to confirm their interest again in the same way. 2. The invitations mention the hyperlink to which they were made the tender documents directly available electronically and include the information indicated in Annex II.9. Invitations are accompanied by tender documents if they have not been made available pursuant to Article 88. Upon first application of the code, Annex II.9 is repealed from the date of entry into force of a corresponding adopted regulation pursuant to article 17, paragraph 3, of law 23 August 1988, n. 400, with decree of the Minister of Infrastructure and Transport, which replaces it entirely also as an annex to the code. EFFECTIVE: July 1, 2023
  • Article 90. Information to candidates and tenderers.

    1. In compliance with the procedures established by the code, the contracting authorities communicate within five days of adoption: a) the reasoned decision not to award a contract or not to conclude a framework agreement, or to restart the procedure or not to implement a dynamic acquisition system, accompanied by relevant reasons, to all candidates or tenderers; b) the award to the successful tenderer; c) the award and the name of the tenderer to whom the contract or parts of the framework agreement have been awarded to all candidates and tenderers who have submitted an offer admitted to the tender, to those whose candidacy or offer is not have been definitively excluded, as well as to those who have challenged the notice or invitation letter, if such challenges have not already been rejected by a definitive judicial ruling; d) the exclusion of excluded candidates and offerors, including the reasons for exclusion or the decision of non-equivalence or conformity of the offer; e) the date of stipulation of the contract with the successful tenderer to the subjects referred to in letter c). 2. The communications referred to in paragraph 1, letters b) and c), indicate the expiry date of the dilatory term for the stipulation of the contract, without prejudice to the provisions of article 18, paragraph 1. 3. Without prejudice to the provisions of Article 35, contracting authorities shall not disclose information relating to the award of contracts, the conclusion of framework agreements or the admission to a dynamic purchasing system, referred to in paragraphs 1 and 2, if their dissemination hinders the application of the law or is contrary to the public interest, or prejudices the legitimate commercial interests of public or private economic operators or of the selected economic operator, or may prejudice fair competition between them. EFFECTIVE: July 1, 2023

  • TITLE III - THE TENDERER'S DOCUMENTATION AND THE DEADLINES FOR SUBMITTING APPLICATIONS AND OFFERS


  • Article 91. Applications, single European procurement document, offers.

    1. The economic operator who intends to participate in a procedure for the award of a contract uses the digital procurement platform made available by the contracting authority to complete the following documents: a) the participation application; b) the single European tender document; c) the offer; d) any other document required for participation in the tender procedure. 2. The participation application contains the elements of identification of the competitor and the indication of the legal form with which he/she is presenting himself/herself in the tender, any declaration of intent to make use of an auxiliary company, as well as the indication of the data and documents relating to the special participation requirements referred to in articles 100 and 103 contained in the virtual file of the economic operator referred to in article 24. 3. With the document of single European tender, drawn up in digital form in accordance with the model form approved by regulation of the European Commission, produced in accordance with paragraph 1, the economic operator and the auxiliary companies declare: a) to be in possession of the general requirements of referred to in Title IV, Chapter II, of this Part; b) to be in possession of the special order requirements referred to in Article 100 and, if requested, the requirements referred to in Article 103. 4. The single European tender document contains all the information requested by the contracting authority and , in the case of participation in the tender procedure in the legal form envisaged by articles 65 and 66, the declaration regarding the distribution of the service between the members of the group or between the consortium companies. 5. The technical and economic offers, drawn up according to the methods referred to in paragraph 1, are accompanied by the documents required by the notice or invitation or by the specifications. In the offers, the economic operator declares to the contracting authority the price, personnel costs and company costs for safety and the characteristics of the service, or assumes the commitment to carry out the same under the conditions indicated by the contracting authority and the applicable regulations, as well as provides any other information requested by the contracting authority in the tender documents. EFFECTIVE FROM: 1 July 2023 (however, the homologous art. 85 of Legislative Decree 50/2016 also remains effective until 31 December 2023)
  • Article 92. Setting the deadlines for the submission of requests and offers.

    1. The contracting authorities, without prejudice to the minimum ones referred to in articles 71, 72, 73, 74, 75 and 76, set deadlines for the submission of requests to participate and offers appropriate to the complexity of the contract and the time necessary for the preparation of the offers, taking into account the time necessary to visit the sites, where essential for the formulation of the offer, and that for on-site consultation of the tender documents and related attachments. 2. The deadlines referred to in paragraph 1 are extended in adequate and proportional measure: a) if an economic operator interested in participating in the procurement procedure has requested significant additional information in good time for the purposes of preparing the offer and, for any reason, has received it less than six days before the deadline established for the submission of offers, or, in the case of an accelerated procedure pursuant to articles 71, paragraph 3, and 72, paragraph 6, less than four days before; b) if significant changes are made to the tender documents; c) in the cases referred to in Article 25, paragraph 2, third sentence. 3. In the event of an extension of the deadlines for submitting offers, economic operators who have already submitted the offer are permitted to withdraw it and possibly replace it. 4. If during the awarding procedure the contracting authority requests an economic operator to fulfill a requirement for which there is no deadline, this deadline is ten days, unless otherwise provided by the contracting authority itself. EFFECTIVE: July 1, 2023

  • TITLE IV - PARTICIPATION REQUIREMENTS AND SELECTION OF PARTICIPANTS CHAPTER I - THE JUDGING COMMISSION


  • Article 93. Selection commission.

    1. For the purposes of selecting the best offer in the procedures for awarding procurement contracts with the criterion of the most economically advantageous offer, after the deadline for the submission of offers, a judging commission is appointed, which, at the request of the RUP , also carries out support activities for the verification of the anomaly. 2. The commission is made up of an odd number of members, a maximum of five, experts in the specific sector to which the object of the contract refers. Substitute members may be appointed. 3. The commission is chaired and composed of employees of the contracting authority or of the administrations benefiting from the intervention, in possession of the necessary legal framework and adequate professional skills. The RUP may be part of the judging commission. In the absence of adequate professionalism on staff, the contracting authority may choose the President and the individual members of the commission also from among officials of other administrations and, in case of documented unavailability, from external professionals. The appointments referred to in this paragraph are made according to criteria of transparency, competence and rotation. 4. The commission may meet electronically which safeguards the confidentiality of communications. The commission operates through the digital procurement platform for the evaluation of the tender documentation and the offers of the participants. 5. Commissioners cannot be appointed: a) those who in the two-year period preceding the announcement of the award procedure were members of political bodies of the contracting authority; b) those who have been convicted, even with a sentence that has not become final, for the crimes provided for in Chapter I of Title II of Book II of the penal code; c) those who find themselves in a situation of conflict of interest with one of the economic operators participating in the procedure; situations of conflict of interest constitute those which determine the obligation to abstain provided for in article 7 of the regulation containing the code of conduct for public employees, referred to in the decree of the President of the Republic of 16 April 2013, n. 62. 6. Unless otherwise motivated by the contracting authority, in the event of renewal of the tender procedure due to the cancellation of the award or the exclusion of some of the competitors, the same commission is reconvened, except when the cancellation is resulting from a flaw in the composition of the commission. 7. In the procedures for awarding procurement contracts with the criterion of the lowest price or cost, the evaluation of the offers is carried out by a tender panel, even monocratic, composed of staff from the contracting authority , chosen according to criteria of transparency and competence, to which the causes of incompatibility referred to in letters b) and c) of paragraph 5 apply. EFFECTIVE FROM: 1 July 2023

  • CHAPTER II - GENERAL REQUIREMENTS.


  • Article 94. Causes for automatic exclusion.

    1. The exclusion of an economic operator from participation in a procurement procedure is the conviction with a final sentence or criminal decree of conviction which has become irrevocable for one of the following crimes: a) crimes, committed or attempted, referred to in articles 416 , 416-bis of the penal code or crimes committed making use of the conditions provided for by the aforementioned article 416-bis or for the purpose of facilitating the activity of the associations provided for by the same article, as well as for crimes, committed or attempted, provided for by article 74 of the consolidated text of the laws regarding the regulation of narcotics and psychotropic substances, prevention, treatment and rehabilitation of the related states of drug addiction, referred to in the decree of the President of the Republic of 9 October 1990, n. 309, from article 291-quater of the consolidated text of the legislative provisions on customs matters, referred to in the decree of the President of the Republic of 23 January 1973, n. 43 and article 452-quaterdieces of the penal code, as they are attributable to participation in a criminal organisation, as defined in article 2 of framework decision 2008/841/GAI of the Council of the European Union, of 24 October 2008; b) crimes, committed or attempted, referred to in articles 317, 318, 319, 319-ter, 319-quater, 320, 321, 322, 322-bis, 346-bis, 353, 353-bis, 354, 355 and 356 of the penal code as well as article 2635 of the civil code; c) false corporate communications referred to in articles 2621 and 2622 of the civil code; d) fraud within the meaning of Article 1 of the Convention on the protection of the financial interests of the European Communities of 26 July 1995; e) crimes, committed or attempted, committed with the aim of terrorism, including international terrorism, and subversion of the constitutional order, terrorist crimes or crimes connected to terrorist activities; f) crimes referred to in articles 648-bis, 648-ter and 648-ter.1 of the penal code, laundering of proceeds from criminal activities or financing of terrorism, as defined in article 1 of legislative decree 22 June 2007, n. . 109; g) exploitation of child labor and other forms of human trafficking defined by legislative decree 4 March 2014, n. 24; h) any other crime which gives rise, as an accessory penalty, to the inability to contract with the public administration. 2. The existence, with reference to the subjects indicated in paragraph 3, of reasons for forfeiture, of suspension or prohibition provided for by article 67 of the code of anti-mafia laws and prevention measures, referred to in legislative decree 6 September 2011, n. 159 or an attempted mafia infiltration referred to in article 84, paragraph 4, of the same code. The provisions of articles 88, paragraph 4-bis, and 92, paragraphs 2 and 3, of the code referred to in Legislative Decree no. remain unchanged. 159 of 2011, with reference respectively to anti-mafia communications and anti-mafia information. The cause of exclusion referred to in Article 84, paragraph 4, of the code referred to in Legislative Decree no. 159 of 2011 does not operate if, by the date of the award, the company has been admitted to judicial control pursuant to article 34-bis of the same code. In no case may the award be postponed due to the pending nature of the aforementioned proceedings. 3. The exclusion referred to in paragraphs 1 and 2 is provided if the sentence or decree or disqualification measure indicated therein have been issued against: a) of the economic operator pursuant to and within the terms set out in Legislative Decree 8 June 2001, n. 231; b) of the owner or technical director, if it is an individual business; c) of a managing partner or of the technical director, in the case of a general partnership; d) of the general partners or of the technical director, in the case of a limited partnership; e) of the members of the board of directors who have been granted legal representation, including the institori and general attorneys; f) of the members of the bodies with management or supervisory powers or of the subjects with powers of representation, management or control; g) of the technical director or sole shareholder; h) of the de facto director in the cases referred to in the previous letters. 4. In the event that the shareholder is a legal person, the exclusion must be ordered if the sentence or decree or disqualification measure have been issued against the administrators of the latter. 5. Also excluded are: a) the economic operator who is the recipient of the disqualification sanction referred to in Article 9, paragraph 2, letter c), of Legislative Decree no. 8 June 2001. 231, or other sanction which entails the prohibition of contracting with the public administration, including the disqualification measures referred to in article 14 of the legislative decree of 9 April 2008, n. 81; b) the economic operator who has not presented the certification referred to in article 17 of law 12 March 1999, n. 68, or has not submitted a declaration in lieu of the existence of the same requirement; c) in relation to procedures relating to public investments financed, in whole or in part, with the resources provided for by Regulation (EU) no. 240/2021 of the European Parliament and of the Council, of 10 February 2021 and by Regulation (EU) no. 241/2021 of the European Parliament and of the Council, of 12 February 2021, the economic operators required to draw up the report on the personnel situation, pursuant to article 46 of the code of equal opportunities between men and women, referred to in legislative decree 11 April 2006, n. 198, who have not produced, at the time of submitting the application for participation or the offer, a copy of the last report drawn up, with certification of its conformity with that sent to the company trade union representatives and to the councilor and regional equality councilor pursuant to of paragraph 2 of the aforementioned article 46, or, in case of failure to comply with the terms set out in paragraph 1 of the same article 46, with certification of its simultaneous transmission to the company trade union representatives and to the councilor and the regional equality councilor; d) the economic operator who has been subjected to judicial liquidation or is in a state of compulsory liquidation or arrangement with creditors or against whom proceedings are underway for access to one of these procedures, without prejudice to the provisions of article 95 of the code of the business crisis and insolvency, referred to in the legislative decree of 12 January 2019, n. 14, from article 186-bis, paragraph 5, of the royal decree of 16 March 1942, n. 267 and article 124 of this code. The exclusion does not apply if, by the date of the award, the measures referred to in Article 186-bis, paragraph 4, of Royal Decree no. have been adopted. 267 of 1942 and article 95, paragraphs 3 and 4, of the code referred to in legislative decree no. 14 of 2019, unless further exclusionary circumstances relating to insolvency procedures arise; e) the economic operator registered in the computer register kept by the ANAC for having submitted false declarations or false documentation in tender procedures and in the assignment of subcontracts; the cause of exclusion lasts until the registration in the computer register takes effect; f) the economic operator registered in the computer register kept by the ANAC for having submitted false declarations or false documentation for the purposes of issuing the qualification certificate, for the period during which the registration continues. 6. Furthermore, the economic operator who has committed serious, definitively ascertained violations of the obligations relating to the payment of taxes and duties or social security contributions, according to Italian legislation or that of the State in which they are established. Those indicated in Annex II.10 constitute serious violations definitively ascertained. 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 extinction, payment or commitment was completed before the deadline for submitting the offer. 7. Exclusion is not ordered and the prohibition on awarding does not apply when the crime has been decriminalized or when it is rehabilitation has occurred or, in cases of conviction to a perpetual accessory sentence, when this has been declared extinct pursuant to article 179, seventh paragraph, of the penal code, or when the crime has been declared extinct after the conviction or in case of revocation of the sentence itself. EFFECTIVE FROM: 1 July 2023
  • 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
  • Article 96. Discipline of exclusion.

    1. Except as provided for in paragraphs 2, 3, 4, 5 and 6, the contracting authorities shall exclude an economic operator at any time during the procurement procedure, if it appears that he is, due to actions carried out or omitted before or during during the procedure, in one of the situations referred to in articles 94 and 95. 2. The economic operator who finds himself in one of the situations referred to in article 94, with the exception of paragraph 6, and in article 95, a except for paragraph 2, he is not excluded if the conditions referred to in paragraph 6 of this article have occurred and he has fulfilled the obligations referred to in paragraphs 3 or 4 of this article. 3. If the cause for exclusion occurred before of the submission of the offer, the economic operator, at the same time as the offer, communicates it to the contracting authority and, alternatively: a) proves that it has adopted the measures referred to in paragraph 6; b) proves the impossibility of adopting such measures before the submission of the offer and subsequently complies with paragraph 4. 4. If the cause of exclusion occurred after the submission of the offer, the economic operator adopts and communicates the measures referred to in paragraph 6. 5. Under no circumstances may the award be postponed due to the adoption of the measures referred to in paragraph 6. 6. An economic operator who finds himself in one of the situations referred to in article 94, with the exception of paragraph 6, and in Article 95, with the exception of paragraph 2, he can provide evidence that the measures he has adopted are sufficient to demonstrate his reliability. If such measures are deemed sufficient and promptly adopted, it is not excluded from the procurement procedure. To this end, the economic operator demonstrates that it has compensated or has undertaken to compensate for any damage caused by the crime or offence, that it has clarified the facts and circumstances in a comprehensive way by actively collaborating with the investigative authorities and that it has adopted measures concrete measures of a technical, organizational and personnel nature suitable for preventing further crimes or offences. The measures adopted by economic operators are evaluated considering the seriousness and particular circumstances of the crime or offence, as well as the timeliness of their adoption. If the contracting authority believes that the measures are untimely or insufficient, it will communicate the reasons to the economic operator. 7. An economic operator excluded by final ruling from participation in procurement or concession procedures cannot avail itself of the possibility provided for in paragraphs 2 , 3, 4, 5 and 6 during the period of exclusion deriving from this sentence. 8. If the definitive criminal sentence does not establish the duration of the accessory sentence of the inability to contract with the public administration, the sentence produces an exclusionary effect from the procurement procedures: a) in perpetuity, in cases in which the conviction automatically results in a perpetual accessory penalty, pursuant to article 317-bis, first paragraph, first sentence, of the penal code, unless the penalty is declared extinct pursuant to article 179, seventh paragraph, of the penal code; b) for a period of seven years in the cases provided for by article 317-bis, first paragraph, second period, of the penal code, unless rehabilitation has occurred; c) for a period of five years in cases other than those referred to in letters a) and b), unless rehabilitation has occurred. 9. In the cases referred to in letters b) and c) of paragraph 8, if the sentence principal has a duration of less than seven and five years of imprisonment respectively, the resulting exclusionary effect is produced for a period with a duration equal to the duration of the principal sentence. 10. The causes of exclusion referred to in article 95 note: a) for three years starting from the commission of the act, in the case referred to in article 95, paragraph 1, letter a); b) only for the tender to which the conduct refers, in the cases referred to in article 95, paragraph 1, letters b), c) and d); c) in the case referred to in article 95, paragraph 1, letter e), unless the conduct referred to in paragraph 3, letter b) of the article 98, for three years starting respectively: 1) from the date of issue of one of the documents referred to in article 407-bis, paragraph 1, of the criminal procedure code or of any personal or real precautionary measures of the criminal judge, if prior to the exercise of the criminal action where the excluding situation consists of a criminal offense included among those assessable pursuant to paragraph 1 of article 94 or pursuant to paragraph 3, letter h), of article 98; 2) by date of the sanction imposed by the Competition and Market Authority or by another sector authority in the event that the excluding situation derives from this act; 3) from the commission of the crime in all other cases. 11. Any challenge to some of the aforementioned measures is not relevant for the purposes of the three-year period starting. 12. The economic operator has the burden of immediately communicating to the contracting authority the existence of some of the measures mentioned in numbers 1) and 2) of letter c) of paragraph 10, if not mentioned in your virtual file. If he contravenes the communication obligation, the three-year period begins to run from the date on which the contracting authority acquired some of the aforementioned provisions. 13. The causes of exclusion provided for by articles 94 and 95 do not apply to companies or companies subjected to seizure or confiscation pursuant to article 240-bis of the penal code or articles 20 and 24 of the code of anti-mafia laws and prevention measures, referred to in legislative decree 6 September 2011, n. 159, and entrusted to a custodian or judicial or financial administrator, limited to those referring to the period prior to the aforementioned assignment. 14. The economic operator has the obligation to communicate to the contracting authority the existence of the facts and measures that may constitute cause of exclusion pursuant to articles 94 and 95, if not mentioned in your virtual file. The omission of such communication or its untruthfulness, although not in itself a cause for exclusion, may be found pursuant to paragraph 4 of article 98. 15. In the event of presentation of a false declaration or false documentation, in the tender procedures and subcontracting assignments, the contracting authority reports them to the ANAC which, if it believes that they were made with fraud or gross negligence, taking into account the relevance or seriousness of the facts subject to the false declaration or the presentation of false documentation , orders the registration in the computer register for the purposes of exclusion from tender procedures and subcontracting assignments pursuant to article 94, paragraph 5, letter e), for a period of up to two years, after which the registration it is canceled and in any case loses its effectiveness. EFFECTIVE: July 1, 2023
  • Article 97. Causes for exclusion of participants in groupings.

    1. Without prejudice to the provisions of article 96, paragraphs 2, 3, 4, 5 and 6, the grouping is not excluded if one of its participants is affected by an automatic or non-automatic cause of exclusion or by the absence of a requirement of qualification, if the conditions referred to in paragraph 2 have occurred and the following obligations have been fulfilled: a) when submitting the offer: 1) communicated to the contracting authority the excluding cause which occurred before the submission of the offer and the absence, before the submission of the offer, of the qualification requirement, as well as the person who is interested; 2) has proven the measures adopted pursuant to paragraph 2 or the impossibility of adopting them before that date; b ) has adopted and communicated the measures referred to in paragraph 2 before the award, if the excluding cause occurred after the submission of the offer or the qualification requirement ceased to exist after the submission of the offer. 2. Without prejudice article 96, if a participant in the grouping is in one of the situations referred to in articles 94 and 95 or does not possess one of the requirements referred to in article 100, the grouping can prove that it has ousted him or replaced him with another subject with the necessary requirements, without prejudice to the substantial unchangeability of the offer presented. If these measures are deemed sufficient and promptly adopted, the grouping is not excluded from the procurement procedure. If the contracting authority considers that the measures are untimely or insufficient, the economic operator is excluded with a reasoned decision. 3. Paragraphs 1 and 2 also apply to ordinary consortia. They also apply to consortia between artisan businesses, as well as to stable consortia limited to the executing consortium members and the consortium members having the requisites of which the consortia avail themselves. EFFECTIVE FROM: 1 July 2023
  • Article 98. Serious professional misconduct.

    1. Serious professional misconduct is only relevant if committed by the offering economic operator, except as provided for in paragraph 3, letters g) and h). 2. The exclusion of an economic operator pursuant to article 95, paragraph 1 , letter e) is arranged and communicated by the contracting authority when all the following conditions are met: a) sufficient elements to integrate the serious professional misconduct; b) suitability of the serious professional misconduct to affect the reliability and integrity of the operator; c) adequate means of proof referred to in paragraph 6. 3. Professional misconduct can be inferred from the occurrence of at least one of the following elements: a) executive sanction imposed by the Competition and Market Authority or by another authority of sector, relevant in relation to the specific object of the contract; b) conduct of the economic operator who has attempted to unduly influence the decision-making process of the contracting authority or to obtain confidential information to his own advantage or who has provided, even negligently , false or misleading information likely to influence decisions on exclusion, selection or award; c) conduct of the economic operator which has demonstrated significant or persistent deficiencies in the execution of a previous procurement or concession contract which have caused the termination for non-compliance or the sentence to compensation for damages or other comparable sanctions, deriving from particularly serious non-compliances or the repetition of which is indicative of a persistent professional deficiency; d) conduct of the economic operator who has committed serious non-compliance towards of one or more subcontractors; e) conduct of the economic operator who has violated the ban on fiduciary registration referred to in article 17 of law 19 March 1990, n. 55, where the violation has not been removed; f) failure to report to the judicial authority by the economic operator who is the victim of the crimes provided for and punished by articles 317 and 629 of the penal code aggravated pursuant to article 416-bis. 1 of the same code unless the cases provided for in article 4, first paragraph, of law 24 November 1981, n. 689. This circumstance must emerge from the evidence underlying the request for indictment formulated against the accused for the crimes referred to in the first period in the year preceding the publication of the notice and must be communicated, together with the personal details of the person who omitted the aforementioned report, by the public prosecutor proceeding to the ANAC, which takes care of its publication; g) contested commission by the economic operator, or by the subjects referred to in paragraph 3 of article 94 of some of the crimes committed or attempted as per paragraph 1 of the same article 94; h) contested or confirmed commission, by the economic operator or the subjects referred to in paragraph 3 of article 94, of any of the following crimes committed: 1) abusive exercise of a profession, pursuant to article 348 of the penal code; 2) simple bankruptcy, fraudulent bankruptcy, failure to declare assets to be included in the bankruptcy inventory or abusive use of credit, referred to in articles 216, 217, 218 and 220 of the royal decree of 16 March 1942, n. 267; 3) tax crimes pursuant to legislative decree 10 March 2000, n. 74, the corporate crimes referred to in articles 2621 et seq. of the civil code or the crimes against industry and commerce referred to in articles 513 to 517 of the penal code; 4) the urban planning crimes referred to in article 44, paragraph 1, letters b) and c), of the consolidated text of the legislative and regulatory provisions on construction, referred to in the decree of the President of the Republic of 6 June 2001, n. 380, with reference to assignments relating to architectural and engineering works or services; 5) the crimes provided for by the legislative decree of 8 June 2001, n. 231. 4. The severity assessment takes into account the legal benefit and the extent of the injury inflicted by the conduct integrating one of the elements referred to in paragraph 3 and the time that has elapsed since the violation, also in relation to changes that have occurred in the meantime in the organization of the company. 5. The omitted or untruthful declarations made in the same tender and different from those referred to in letter b) of paragraph 3 can be used to support the assessment of severity referring to the elements referred to in paragraph 3. 6 In relation to paragraph 3, the following constitute adequate means of proof: ), the presence of serious, precise and concordant evidence which makes the occurrence of the exclusionary situation evident; c) as to letter c), the termination due to non-compliance or the sentence to compensation for damages or other comparable consequences; d ) as to letter d), the issuing of judicial measures, even if not definitive; e) as to letter e), the definitive assessment of the violation; f) as to letter f), the elements indicated therein; g) as in letter g), the acts referred to in article 407-bis, paragraph 1, of the criminal procedure code, the decree ordering the trial pursuant to article 429 of the criminal procedure code, or any real or personal precautionary measures issued by the criminal judge, the non-final conviction sentence, the non-irrevocable criminal conviction decree, the non-irrevocable sentence of application of the sentence upon request pursuant to article 444 of the criminal procedure code; h) as to letter h) , the definitive sentence, the irrevocable criminal decree, the non-final sentence, the real or personal precautionary measures, where issued by the criminal judge; 7. The contracting authority evaluates the sanctioning and jurisdictional measures referred to in paragraph 6, giving reasons on the deemed suitability of the same to affect the reliability and integrity of the offerer; any challenge to the same is considered in the context of the assessment aimed at verifying the existence of the excluding cause. 8. The exclusion provision must be motivated in relation to all three conditions referred to in paragraph 2. EFFECTIVE FROM : July 1, 2023

  • CHAPTER III - OTHER REQUIREMENTS FOR PARTICIPATION IN THE TENDER


  • Article 99. Verification of possession of the requirements.

    1. The contracting authority verifies the absence of automatic causes of exclusion referred to in Article 94 by consulting the virtual file of the economic operator referred to in Article 24, consulting the other documents attached by the economic operator, as well as through interoperability with the national digital data platform referred to in article 50-ter of the digital administration code, referred to in legislative decree 7 March 2005, n. 82 and with the databases of public administrations. 2. The contracting authority, with the same methods referred to in paragraph 1, verifies the absence of the causes of non-automatic exclusion referred to in article 95 and the possession of the participation requirements referred to in articles 100 and 103. 3. Economic operators cannot be asked for documents proving possession of the participation requirements or other documentation useful for the purposes of the award, if these are present in the economic operator's virtual file, are already in possession of the contracting authority, as a result of a previous award or conclusion of a framework agreement, or can be acquired through interoperability with the national digital platform, data referred to in Article 50-ter of the code referred to in Legislative Decree no. 82 of 2005 and with the databases of public administrations. EFFECTIVE FROM: 1 July 2023
  • Article 100. Special order requirements.

    1. The following are special requirements: a) professional suitability; b) economic and financial capacity; c) technical and professional skills. 2. The contracting authorities require participation requirements that are proportionate and relevant to the subject of the contract. 3. For the procedures for awarding contracts for services and supplies, the contracting authorities require registration in the register of the chamber of commerce, industry, crafts and agriculture or in the register of the provincial commissions for crafts or with the competent professional associations for a relevant activity even if it does not coincide with the object of the contract. The economic operator from another member state not resident in Italy is required to declare pursuant to the consolidated law of the legislative and regulatory provisions regarding administrative documentation, referred to in the decree of the President of the Republic of 28 December 2000, n. 445, to be registered in one of the professional or commercial registers referred to in Annex II.11. Upon first application of the code, Annex II.11 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law no. 23 August 1988. 400, by decree of the President of the Council of Ministers on the proposal of the Minister for European Affairs, where appointed, which replaces it entirely also as an annex to the code. 4. For procedures for the award of works contracts of an amount equal to or exceeding 150,000 euros, contracting authorities require economic operators to be qualified. The qualification certificate is issued by private law bodies authorized by the ANAC. The qualification system for executors of public works, structured in relation to the categories of works and their amount, is governed by Annex II.12. The categories of works are divided into categories of general works and categories of specialized works. Possession of a qualification certificate in categories and classifications appropriate to the works to be contracted represents a necessary and sufficient condition for demonstrating the participation requirements referred to in this article as well as for the execution, in any capacity, of the contract. Upon first application of the code, Annex II.12 is repealed from the date of entry into force of a corresponding regulation issued pursuant to article 17, paragraph 1, of law no. of 23 August 1988. 400, upon proposal of the Minister of Infrastructure and Transport, having consulted the ANAC, which replaces it entirely also as an annex to the code. 5. To obtain or renew the qualification certificate, economic operators must: a) be registered in the register of the chamber of commerce, industry, crafts and agriculture or in the register of the provincial commissions for crafts or with the competent professional orders for an activity foreseen by the corporate purpose and included in the category for which the attestation; b) not having incurred the causes of exclusion referred to in Chapter II of this Title in the three-year period preceding the date of the application for the issue or renewal of the qualification certificate; c) be in possession of quality system certifications compliant with European standards and current national legislation, issued by accredited entities. 6. The certification body issues the qualification certificate for the category of general or specialized works for the execution of which the economic operator appears to be in possession of adequate economic and financial capacity, adequate provision of technical equipment and human resources, and provides for the classification by amounts based on documented previous professional experience. 7. Until issued of the regulation referred to in the sixth sentence of paragraph 4, the period of documentable activity is that relating to the fifteen years preceding the date of signing the contract with the certification body company (SOA) and the qualification lasts for five years, with verification within the third year of maintaining the requirements. 8. In any case, the regulation referred to in the sixth sentence of paragraph 4 regulates: a) the procedure for obtaining the qualification certificate and for its renewal, providing that the economic operator requests confirmation of the certification in the event that, during the period of validity of the certification, a subjective change occurs; b) the requirements for demonstrating adequate economic and financial capacity and for demonstrating possession of adequate technical equipment and adequate staff; c) the methods of qualification of the economic operators referred to in article 67, paragraph 1, on the basis of the cumulation criterion as well as the attribution criteria referred to in article 67, paragraph 6; d) the methods of documenting previous professional experience, also considering the work carried out for private individuals which is proven by suitable documentation; e) the random verification methods carried out by the certification bodies; f) the duration of the qualification certificate and the intermediate periods of verification of maintenance of the requirements; g) cases of suspension and forfeiture of the qualification certificate already issued, providing for interdictory sanctions in the case of presentation of false documentation to certification bodies. 9. With regard to certification bodies, the regulation referred to in the sixth sentence of paragraph 4 regulates in any case: a) the subjective, organisational, financial and technical requirements for obtaining the authorization to carry out the activity qualification of economic operators as well as the procedure for obtaining authorisation; b) pecuniary and disqualification sanctions, up to the expiration of the authorization, for violations committed by the certification bodies, including requests for information and documents addressed to them by the ANAC in the exercise of supervisory activity, according to a criterion of proportionality and respect for the adversarial system; c) the methods for the exercise of supervisory activity by the ANAC; d) the obligations of conservation and publication of the documentation of the certification bodies; e) the reporting obligations to the ANAC of the certification bodies. 10. The regulation referred to in the sixth sentence of paragraph 4 also defines the discipline of the qualification of economic operators for service and supply contracts. The regulation contains, among other things: the definition of the types for which a classification by value is possible, the competence to issue the relevant certification, the procedure and conditions for the relevant request, the sanction regime. 11. Until the date of entry into force of the regulation referred to in the sixth sentence of paragraph 4, for the procedures for awarding service and supply contracts, the contracting authorities may request from economic operators a turnover as a requirement of economic and financial capacity overall not exceeding double the estimated value of the contract, accrued in the three-year period preceding that in which the procedure was announced. In the case of award procedures divided into multiple lots, unless the contracting authority decides otherwise, the turnover is required for each lot. The contracting authorities may also require economic operators, as a requirement of technical and professional capacity, to have executed contracts similar to those entrusted to private entities in the previous three years from the date of the call for tenders. 12. Except as provided in article 102 or special laws, contracting authorities exclusively require the participation requirements set out in this article. 13. The bodies referred to in paragraph 4 immediately report to ANAC the cases in which economic operators, for the purposes of qualification, make false declarations or produce untruthful documents. EFFECTIVE FROM: 1 July 2023
  • Article 101. Preliminary assistance.

    1. Unless the document is present in the economic operator's virtual file at the time the deadline for submitting the offer expires, the contracting authority assigns a deadline of no less than five days and no more than ten days for: a) integrate any missing element in the documentation sent to the contracting authority within the deadline for the submission of offers with the application for participation in the tender procedure or with the single European tender document, with the exclusion of the documentation that makes up the technical offer and the offer economic; the failure to present the provisional guarantee, the availment contract and the commitment to grant a special collective mandate in the case of groups of competitors not yet established can be remedied by means of documents with a certain date prior to the deadline set for the submission of offers; b) remediate any omission, inaccuracy or irregularity in the application for participation, in the single European tender document and in any other document required by the contracting authority for participation in the tender procedure, with the exclusion of the documentation that makes up the technical offer and the economic offer. Omissions, inaccuracies and irregularities which make the identity of the competitor absolutely uncertain cannot be remedied. 2. The economic operator who does not fulfill the requests of the contracting authority within the established deadline is excluded from the tender procedure. 3. The contracting authority can always request clarifications on the contents of the technical offer and the economic offer and on any of their attachments. The economic operator is required to provide a response within the deadline set by the contracting authority, which cannot be less than five days and more than ten days. The clarifications provided by the economic operator cannot modify the content of the technical offer and the economic offer. 4. Until the day set for their opening, the economic operator, with the same methods of submitting the application for participation, may request the rectification of a material error contained in the technical offer or in the economic offer of which after the deadline for their submission has expired provided that the rectification does not involve the submission of a new offer, or in any case its substantial modification, and that anonymity remains ensured. EFFECTIVE FROM: 1 July 2023
  • Article 102. Commitments of the economic operator.

    1. In the tenders, notices and invitations, the contracting authorities, taking into account the service covered by the contract, require economic operators to undertake the following commitments: a) guarantee the employment stability of the personnel employed; b) guarantee the application of the national and territorial collective agreements of the sector, taking into account, in relation to the object of the contract and the services to be performed, even predominantly, those stipulated by the associations of employers and workers who are comparatively more representative on a national level and of those whose scope of application is strictly connected with the activity covered by the contract or concession carried out by the company, even predominantly, as well as guaranteeing the same economic and regulatory protections for subcontracted workers compared to the contractor's employees and against irregular work; c) guarantee equal generational, gender and work inclusion opportunities for disabled or disadvantaged people. 2. For the purposes referred to in paragraph 1, the economic operator indicates in the offer the methods with which intends to fulfill those commitments. The contracting authority verifies the reliability of the commitments undertaken by any appropriate means, including with the methods referred to in article 110, only in relation to the successful tenderer's offer. EFFECTIVE FROM: 1 July 2023
  • Article 103. Requirements for participation in procedures for works of significant value.

    1. For works contracts of an amount equal to or greater than 20 million euros, in addition to the requirements referred to in article 100, the contracting authority may request additional requirements: a) to verify the economic-financial capacity of the economic operator ; in this case the latter provides the significant economic-financial parameters required, certified by auditing firms or by other responsible parties who support the technical assessments of the certification body, from which the financial exposure of the company emerges unequivocally. economic operator at the time he participates in a tender; alternatively, the contracting authority may request a turnover in works equal to twice the tender amount, which the economic operator must have achieved in the best five of the ten years preceding the date of publication of the tender; b) to verify professional capacity for contracts for which unlimited classification is required; in this case the economic operator provides proof of having carried out works of an extent and type included in the category identified as prevailing over those placed under contract appropriately certified by the respective contracting authorities, through presentation of the work execution certificate; this requirement applies only to works contracts of an amount equal to or greater than 100 million euros. EFFECTIVE FROM: 1 July 2023
  • Article 104. Validation.

    1. Availability is the contract by which one or more auxiliary companies undertake to make technical equipment and human and instrumental resources available to an economic operator competing in a tender procedure for the entire duration of the contract. The availment contract is concluded in written form under penalty of nullity with specific indication of the resources made available to the economic operator. The availment contract is normally onerous, unless it also responds to an interest of the auxiliary company, and can be concluded regardless of the legal nature of the ties between the parties. 2. If the availment contract is concluded to acquire a necessary requirement to participation in a procedure for the award of a works contract for an amount equal to or greater than 150,000 euros, or a service and supplies contract, it has as its object the technical equipment and resources that would have allowed the economic operator to obtain the qualification certificate required. 3. If the availment contract is stipulated with an auxiliary company in possession of authorization or other qualification required for participation in the award procedure pursuant to article 100, paragraph 3, or with a person in possession of educational qualifications or professionals necessary for the execution of the service covered by the contract, the works or services are carried out directly by the auxiliary company. Provisions regarding subcontracting apply. 4. The economic operator attaches to the application for participation the original or certified copy of the availment contract, specifying whether it intends to make use of the resources of others to acquire a participation requirement or to improve its offer, and attaches, in the case referred to in paragraph 2, the certification issued by the SOA or the ANAC. The auxiliary company is required to declare to the contracting authority: a) that it is in possession of the general requirements referred to in Chapter II of this Title; b) that it is in possession of the requirements referred to in article 100 for the services and supplies; c) to undertake towards the economic operator and towards the contracting authority itself to make the resources covered by the availment contract available for the entire duration of the contract. 5. The auxiliary company transmits its qualification certificate in the case of validation aimed at acquiring the requirement for participation in a works award procedure. In case of false declarations, without prejudice to the application of article 96, paragraph 15, towards the signatories, the contracting authority assigns the competing economic operator a deadline, not exceeding ten days, to indicate another suitable auxiliary company , provided that the replacement of the auxiliary company does not lead to a substantial modification of the economic operator's offer. In the event of failure to comply with the assigned deadline, the contracting authority excludes the economic operator. 6. The contracting authority verifies whether the auxiliary company is in possession of the requirements declared in the manner referred to in articles 91 and 105, the latter with regard to the means of proof and the online register, and if there are causes for exclusion pursuant to Chapter II of this Title. The contracting authority allows the economic operator to replace subjects who do not satisfy a relevant selection criterion or for whom there are reasons for exclusion. 7. The economic operator and the auxiliary company are jointly liable towards the contracting authority in relation to the services covered by the contract. The obligations established by the anti-mafia legislation on the economic operator also apply to the auxiliary entity, based on the amount of the contract based on the tender. 8. The contract is in any case executed by the company participating in the tender, to which the execution certificate is issued, except as provided for in paragraph 3. 9. In relation to each assignment, the contracting authority in progress carries out substantial checks regarding the actual possession of the requirements and resources object of the availment by the auxiliary company, as well as the effective use of the same resources in the execution of the contract. To this end, the RUP ascertains during construction that the services covered by the contract are carried out directly by the human and instrumental resources of the auxiliary company that the contract holder uses in fulfillment of the obligations deriving from the availment contract. Furthermore, it has the obligation to send both parties to the availment contract the communications pursuant to article 29 and those relating to the execution of the works. The contracting authority transmits to the Authority all the declarations of availment, also indicating the successful tenderer, for the exercise of supervision and for the required advertising. 10. The availment is not permitted to satisfy the requirement of registration in the National register of environmental managers referred to in article 212 of legislative decree 3 April 2006, n. 152. 11. In the case of works contracts, service contracts and laying or installation operations within the framework of a supply contract, contracting authorities may provide in the tender documents that certain essential tasks, including works for which works or components of notable technological content or significant technical complexity are necessary, such as structures, systems and special works, are carried out directly by the tenderer or, in the case of an offer submitted by a group of economic operators, by a participant in the grouping. 12. Only in cases where the use is aimed at improving the offer, it is not permitted for the auxiliary company and the one that uses the resources made available by it to participate in the same tender. EFFECTIVE FROM: July 1, 2023
  • Article 105. Test reports, quality certifications, means of proof, online register of certificates and life cycle costs.

    1. Test reports, certifications and other means of proof, as well as life cycle costing, are regulated in Annex II.8. Upon first application of the code, Annex II.8 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, by decree of the President of the Council of Ministers, on the proposal of the Minister of Infrastructure and Transport, which replaces it entirely also as an annex to the code. EFFECTIVE FROM: 1 July 2023
  • Article 106. Guarantees for participation in the procedure.

    1. The offer is accompanied by a provisional guarantee equal to 2 percent of the total value of the procedure indicated in the notice or invitation. To make the amount of the guarantee proportionate and adequate to the nature of the services covered by the assignment and the degree of risk associated with it, the contracting authority may justifiably reduce the amount by up to 1 percent or increase it by up to 4 percent. In the case of tender procedures carried out in aggregate form by central purchasing bodies, the amount of the guarantee is set in the notice or invitation at a maximum of 2 percent of the overall value of the procedure. In the event of participation in the tender by a temporary group of companies, even if not yet established, the guarantee must cover the obligations of each company in the group itself. The provisional guarantee can be constituted in the form of a deposit or a surety. 2. The deposit is constituted at the institute in charge of the treasury service or at the authorized companies, as a pledge in favor of the contracting authority, exclusively by bank transfer or with other electronic payment tools and channels provided for by current legislation. As regards release, paragraph 10. applies. 3. The suretyship referred to in paragraph 1, at the choice of the contractor, can be issued by banking or insurance companies that meet the solvency requirements established by the laws governing their respective activities. , or by financial intermediaries registered in the register referred to in article 106 of the consolidated law on banking and credit matters, referred to in legislative decree 1 September 1993, n. 385, which exclusively or mainly carry out the activity of issuing guarantees and which are subject to audit by an auditing company registered in the appropriate register and which have the minimum solvency requirements required by current insurance banking legislation. The surety bond must be issued and signed digitally; it must also be verifiable electronically at the issuer or managed through the use of platforms operating with technologies based on distributed registers pursuant to article 8-ter, paragraph 1, of the legislative decree of 14 December 2018, n. 135, converted, with amendments, by law 11 February 2019, n. 12, compliant with the characteristics established by the AGID with the provision referred to in article 26, paragraph 1. 4. The guarantee must expressly provide for the waiver of the benefit of preventive enforcement of the principal debtor, the waiver of the exception referred to in article 1957, second paragraph, of the civil code, as well as the operation of the guarantee itself within fifteen days, upon simple written request from the contracting authority. 5. The guarantee must be effective for at least one hundred and eighty days from the date of submission of the offer. The notice or invitation may require a guarantee with a longer or shorter term of validity, in relation to the presumed duration of the procedure, and may also require that the offer be accompanied by the guarantor's commitment to renew the guarantee, upon request of the station contracting during the procedure, for the duration indicated in the notice, in the event that the award has not yet taken place at the time of its expiry. 6. The guarantee covers non-awarding after the award proposal and failure to sign the contract attributable to any fact attributable to the contractor or resulting from the adoption of disqualifying anti-mafia information issued pursuant to articles 84 and 91 of the code of anti-mafia laws and prevention measures, referred to in legislative decree 6 September 2011, n. 159. 7. The guarantee is automatically released upon signing the contract. 8. The amount of the guarantee and its possible renewal is reduced by 30 percent for economic operators to whom it is issued, by accredited bodies, to pursuant to the European standards of the UNI CEI EN 45000 series and the UNI CEI EN ISO/IEC 17000 series, the certification of the quality system compliant with the European standards of the UNI CEI ISO 9000 series. The 50 percent reduction applies, not cumulative with that referred to in the first period, towards micro, small and medium-sized enterprises and groups of economic operators or ordinary consortia made up exclusively of micro, small and medium-sized enterprises. The amount of the guarantee and its possible renewal is reduced by 10 percent, cumulative with the reduction referred to in the first and second periods, when the economic operator presents a guarantee, issued and signed digitally, which is managed through the use of platforms operating with technologies based on distributed registers pursuant to paragraph 3. The amount of the guarantee and its possible renewal is reduced up to a maximum amount of 20 percent, cumulative with the reductions referred to in the first and second periods, when the economic operator possesses one or more of the certifications or brands identified, among those provided for in Annex II.13, in the initial tender documents which also establish the amount of the reduction, within the aforementioned maximum limit. In case of cumulative reductions, the subsequent reduction is calculated on the amount resulting from the previous reduction. To benefit from the reductions referred to in this paragraph, the economic operator reports, at the time of the offer, possession of the relevant requirements and documents it in the ways prescribed by the regulations in force. Upon first application of the code, Annex II.13 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law no. 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, in agreement with the Minister of the Environment and Energy Security and the Minister for European Affairs, which replaces it entirely also as an annex to the code. 9. Surety guarantees must comply with the standard scheme referred to in article 117, paragraph 12. The second and third periods of the same paragraph also apply. against them upon release of the guarantee referred to in paragraph 1. The guarantee in any case loses effectiveness upon expiry of the period of thirty days from the award. 11. This article does not apply to service contracts having as their object the drafting of the design and safety and coordination plan and the tasks of supporting the activities of the RUP. EFFECTIVE FROM: 1 July 2023 (the provision referred to in art. 106, paragraph 3, last sentence becomes effective from 1 January 2024)

  • TITLE V - THE SELECTION OF OFFERS


  • Article 107. General principles regarding selection.

    1. Contracts shall be awarded on the basis of criteria established in accordance with Articles 108 to 110 following verification, in application of Article 91 and Annex II.8, the latter with regard to evidence and the online register, of the existence of the following conditions: a) the offer complies with the provisions contained in the tender notice or in the invitation to confirm interest as well as in the tender documents; b) the offer comes from a tenderer who is not excluded from the pursuant to Chapter II of Title IV of this Part and which meets the requirements referred to in Article 100 and, if applicable, Article 103. 2. The contracting authority may decide not to award the contract to the tenderer who has submitted the most economically advantageous offer if it has ascertained that the offer does not satisfy the environmental, social and labor obligations established by European and national legislation, collective agreements or international labor law provisions indicated in Annex to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014. 3. In open procedures, the contracting authority may provide in the tender documents that the offers are examined before verifying the suitability of the tenderers. This right can be exercised after the deadline for submitting offers has expired. If it makes use of this possibility, the contracting authority guarantees that the verification of the absence of the reasons for exclusion and compliance with the selection criteria is carried out in an impartial and transparent manner. EFFECTIVE FROM: 1 July 2023
  • Article 108. Criteria for the award of works, services and supplies contracts.

    1. Without prejudice to the legislative, regulatory or administrative provisions relating to the price of certain supplies or the remuneration of specific services, the contracting authorities shall proceed with the awarding of contracts for works, services and supplies and with the awarding of design contests and competitions of ideas on the basis of the criterion of the most economically advantageous offer, identified on the basis of the best quality/price ratio or on the basis of the price or cost element, following a cost/effectiveness comparison criterion such as the life cycle cost, in accordance to the provisions of Annex II.8, with regard to the life cycle cost. 2. They are awarded exclusively on the basis of the criterion of the most economically advantageous offer identified on the basis of the best quality/price ratio: a) the contracts relating to social services and hospital, welfare and school catering, as well as to highly labour-intensive services, as defined by Article 2, paragraph 1, letter e), of Annex I.1; b) the contracts relating to 'assignment of engineering and architectural services and other services of a technical and intellectual nature for an amount equal to or greater than 140,000 euros; c) service and supply contracts for an amount equal to or greater than 140,000 euros characterized by significant technological or which have an innovative character; d) assignments in the case of competitive dialogue and partnership for innovation; e) integrated procurement assignments; f) contracts relating to works characterized by notable technological content or with an innovative character . 3. The lowest price criterion may be used for services and supplies with standardized characteristics or whose conditions are defined by the market, with the exception of labor-intensive services referred to in the definition of Article 2, paragraph 1, letter e) of Annex I.1. 4. The tender documents establish the tender award criteria, relevant to the nature, object and characteristics of the contract. In particular, the most economically advantageous offer, identified on the basis of the best quality/price ratio, is evaluated on the basis of objective criteria, such as qualitative, environmental or social aspects, connected to the subject of the contract. The contracting authority, in order to ensure the effective identification of the best quality/price ratio, enhances the qualitative elements of the offer and identifies criteria such as to guarantee an effective competitive comparison on the technical profiles. In the procurement activities of IT goods and services, the contracting authorities, including the central purchasing bodies, in evaluating the qualitative element for the purposes of identifying the best value for money for the award, always take into consideration the cybersecurity elements, attributing specific and peculiar importance to it in cases where the context of employment is connected to the protection of strategic national interests. In the cases referred to in the fourth period, when the IT goods and services subject to the contract are used in a context connected to the protection of strategic national interests, the contracting authority establishes a maximum ceiling for the economic score within the limit of 10 percent. For labor-intensive contracts, the contracting authority establishes a maximum ceiling for the economic score within the limit of 30 percent. 5. The element relating to cost, even in the cases referred to in the provisions referred to in paragraph 1, it can take the form of a fixed price or cost on the basis of which economic operators will compete only on the basis of qualitative criteria. 6. The award criteria shall be considered to be linked to the subject matter of the contract when they concern works, supplies or services to be provided in any respect and at any stage of their life cycle, including factors involved in the specific process of production, supply or exchange of these works, supplies or services or in a specific process for a subsequent phase of their life cycle, even if these factors are not part of their substantive content. 7. The tender documents or, in case of competitive dialogue, the notice or descriptive document indicates the individual evaluation criteria and the relative weighting, also providing a range in which the difference between the minimum and maximum must be adequate. For each chosen evaluation criterion, sub-criteria and sub-weights or sub-scores can be provided. For the purposes of protecting free competition and promoting pluralism of operators in the market, the procedures relating to the assignments referred to in Book II, part IV, may provide, in the tender notice, notice or invitation, appropriate reward criteria to encourage the participation of small and medium-sized enterprises in the evaluation of the offer and to promote, for services dependent on the proximity principle for their efficient management, the reliance on economic operators with operational headquarters in the relevant territorial area. The provisions referred to in the third sentence apply compatibly with European Union law and with the principles of equal treatment, non-discrimination, transparency and proportionality. In order to promote gender equality, the contracting authorities provide in the tender notices, notices and invitations, the highest score to be attributed to companies for the adoption of policies aimed at achieving gender equality proven by the possession of the certification of gender equality referred to in article 46-bis of the code of equal opportunities between men and women, referred to in legislative decree 11 April 2006, n. 198. last two sentences replaced by art. 2.1 of Legislative Decree 57/2023 in force from 05.30.2023; subsequently the LAW of 3 July 2023, n. 87, in the Official Journal 05/07/2023, n. 155, in force from 06/07/2023, converting the DECREE-LAW 10/5/2023 n. 51 by re-proposing the same amendment as DL 57/2023 and therefore repealing the art. 2.1 of the Decree 8. The contracting authorities, when they consider the weighting referred to in paragraph 7 not possible for objective reasons, indicate in the tender notice and in the specifications or, in the case of competitive dialogue, in the notice or in the document descriptive, the decreasing order of importance of the criteria. To implement the weighting or in any case attribute the score to each element of the offer, the contracting authorities use methodologies that identify the most advantageous offer with a single final numerical parameter. 9. In the economic offer the operator indicates, under penalty of exclusion, labor costs and company charges for the fulfillment of the provisions on health and safety in the workplace except for supplies without installation and in services of an intellectual nature. 10. The contracting authorities may decide to do not proceed with the award if no offer is convenient or suitable in relation to the subject of the contract. This option is expressly indicated in the tender notice or invitation in procedures without a tender and can be exercised no later than thirty days from the conclusion of the tender evaluations. 11. In the case of works contracts awarded with the economically tender criterion most advantageous, identified on the basis of the best quality/price ratio, the contracting authorities cannot assign any score for the offer of additional works compared to what is foreseen in the executive project based on the auction. 12. Any variation that occurs, even as a consequence of a judicial ruling, following the award decision, also taking into account any procedural reversal, it is not relevant for the purposes of calculating averages in the procedure, nor for identifying the anomaly threshold of the offers, possibly established in the documents of the tender, and does not produce consequences on the proceedings relating to the other lots of the same tender. EFFECTIVE FROM: 1 July 2023
  • Article 109. Reputation of the company.

    1. A digital performance monitoring system is established at the ANAC, which manages it, as an element of the operators' virtual file. The system is based on reputational requirements assessed on the basis of qualitative and quantitative, objective and measurable indices, as well as on the basis of definitive assessments, which express the reliability of the company in the execution phase, compliance with legality and sustainability and responsibility objectives sociali. 2. ANAC defines the elements of monitoring, the methods of data collection and the mechanism for applying the system to incentivize operators to respect the principles of the result referred to in Article 1 and of good faith and trust of referred to in Article 5, balancing these elements with the maintenance of market opening, especially with reference to the participation of new operators. 3. This provision shall be implemented within eighteen months from the date of entry into force of the code, also taking account of the results obtained in the initial trial period. EFFECTIVE FROM: 1 July 2023
  • Article 110. Abnormally low offers.

    1. The contracting authorities evaluate the adequacy, seriousness, sustainability and feasibility of the best offer, which, based on specific elements, including the costs declared pursuant to article 108, paragraph 9, appears abnormally low. The notice or notice indicates the specific elements for the purposes of evaluation. 2. In the presence of an offer that appears abnormally low, the contracting authorities request explanations in writing from the economic operator on the price or costs proposed, assigning to this end a term not exceeding fifteen days. 3. The explanations referred to in paragraph 2 may concern the following elements: a) the economy of the manufacturing process of the products, the services provided or the construction method; b) the chosen technical solutions or the exceptionally favorable conditions available to the tenderer to supply the products, to provide the services or to carry out the works; c) the originality of the works, supplies or services proposed by the tenderer. 4. Justifications are not permitted: a) in relation to mandatory minimum wage treatments established by law or by sources authorized by law; b) in relation to safety charges referred to in current legislation. 5. The contracting authority excludes the the offer if the explanations provided do not adequately justify the level of prices or costs proposed, taking into account the elements referred to in paragraph 3, or if the offer is abnormally low because: a) does not comply with environmental obligations, social and labor standards established by European and national legislation, collective agreements or international labor law provisions indicated in Annex the obligations referred to in article 119; c) the corporate safety costs referred to in article 108, paragraph 9, are inconsistent with the extent and characteristics of the works, services and supplies; d) the cost of the staff is lower than the minimum wages indicated in the specific tables referred to in article 41, paragraph 13. 6. If it ascertains that an offer is abnormally low because the offerer has obtained state aid, the contracting authority may exclude it solely for this reason, only after having consulted the tenderer and if the latter is unable to demonstrate, within a sufficient period set by the contracting authority, that the aid was compatible with the internal market in accordance with Article 107 of the Treaty on the Functioning of the European Union. In case of exclusion, the contracting authority shall inform the European Commission. EFFECTIVE FROM: 1 July 2023
  • Article 111. Notices relating to awarded contracts.

    1. Contracting authorities that have awarded a public contract or concluded a framework agreement shall send a notice according to the publication methods referred to in Article 84, in accordance with Annex II.6, Part I, letter D, relating to the results of the procedure of award, within thirty days of the conclusion of the contract or the conclusion of the framework agreement. 2. If the tender was called through a pre-information notice and if the contracting authority has decided that it will not award further contracts in the period covered by the 'prior information notice, the award notice contains a specific indication in this regard. 3. In the case of framework agreements concluded pursuant to Article 59, contracting authorities are exempt from the obligation to send a notice on the results of the award procedure of each procurement based on that agreement and group the notices on the results of the procurement procedure for procurements based on the framework agreement on a quarterly basis. In this case, they shall send the grouped notices within thirty days of the end of each quarter. 4. The contracting authorities shall send to the Publications Office of the European Union, in accordance with the provisions of Article 84, a contract award notice within thirty days of the award of each contract based on a dynamic purchasing system. However, they may group alerts on a quarterly basis. In this case, they shall send the grouped notices at the latest thirty days after the end of each quarter. 5. Without prejudice to the provisions of Articles 35 and 36, certain information relating to the award of the contract or the conclusion of the framework agreement may not be published if their disclosure hinders the application of the law, is contrary to the public interest, jeopardizes the legitimate commercial interests of a particular economic operator, public or private, or could cause harm to fair competition between economic operators. EFFECTIVE FROM: July 1, 2023
  • Article 112. Single reports on procurement procedures.

    1. For each contract or each framework agreement of an amount equal to or greater than the thresholds referred to in Article 14 and whenever a dynamic purchasing system is established, the contracting authority draws up a report containing at least the following information: a) the name and the address of the contracting authority, the subject and value of the contract, framework agreement or dynamic purchasing system; b) where applicable, the results of the qualitative selection and reduction of the numbers of otherwise qualified candidates by invite to participate or the number of offers and solutions: 1) the names of the candidates or tenderers selected and the reasons for the selection; 2) the names of the candidates or tenderers excluded and the reasons for the exclusion; c) the reasons for the rejection of tenders judged to be abnormally low; d) the name of the successful tenderer and the reasons for the choice of his tender, as well as, if known, the part of the contract or framework agreement that the successful tenderer intends to subcontract to third parties; and, if known at the time of drafting, the names of any subcontractors of the main contractor; e) for competitive procedures with negotiation and competitive dialogues, the circumstances referred to in Article 70 which justify the use of such procedures; f ) as regards negotiated procedures without publication of a contract notice, the circumstances referred to in Article 76 which justify the use of such procedures; g) where appropriate, the reasons why the contracting authority has decided not to award a contract, conclude a framework agreement or establish a dynamic purchasing system; h) where applicable, the conflicts of interest identified and the measures subsequently adopted. 2. The report referred to in paragraph 1 is not required for contracts based on framework agreements concluded with a single economic operator and awarded within the limits of the conditions set out in the framework agreement, or if the framework agreement contains all the terms governing the provision of the works, services and supplies in question as well as the objective conditions for determine which of the economic operators party to the framework agreement will carry out this service. 3. When the contract award notice drawn up pursuant to Article 111 or Article 127, paragraph 3, contains the information required in paragraph 1, contracting authorities may refer to this notice. 4. Contracting authorities shall document the performance of all procurement procedures. They guarantee the preservation of sufficient documentation to justify the decisions adopted in all phases of the procurement procedure, such as documentation relating to communications with economic operators and internal deliberations, the preparation of tender documents, dialogue or negotiation if foreseen , the selection and awarding of the contract. The documentation is kept for at least five years starting from the date of award of the contract, or, in the event of a pending dispute, until the relevant sentence becomes final. 5. The report or its main elements are communicated to the Cabin of direction referred to in Article 221 for subsequent communication to the European Commission, the competent authorities, bodies or structures, when such a report is requested. EFFECTIVE FROM: 1 July 2023

  • PART VI - OF THE EXECUTION


  • Article 113. Requirements for the execution of the contract.

    1. Contracting authorities may request particular requirements for the execution of the contract, provided that they are compatible with European law and with the principles of equal treatment, non-discrimination, transparency, proportionality, innovation and are specified in the tender notice, or in the invitation in the case of procedures without a tender or in the specifications. These conditions may relate, in particular, to social and environmental needs. 2. At the time of the offer, the economic operators declare that they accept the particular requirements in the event that they are awarded the contract. EFFECTIVE FROM: 1 July 2023
  • Article 114. Management of works and execution of contracts.

    1. The execution of contracts concerning works, services or supplies is directed by the RUP, who controls the quality levels of the services. The RUP, in the execution phase, makes use of the director of the execution of the contract or the director of works, the coordinator in matters of health and safety during the execution provided for by the legislative decree of 9 April 2008, n. 81, as well as the tester or the testing commission or the conformity verifier and ensures the correct and effective performance of the functions entrusted to each. 2. For the management and control of the execution of contracts relating to works, the contracting authorities appoint, before starting the procedure for the assignment, on the proposal of the RUP, a works manager who may be assisted, in relation to the complexity of the intervention, by a works management office, made up of one or more operational directors and site inspectors, and possibly by the figures provided for in Annex I.9. 3. The works manager, with the works management office, where established, is responsible for the technical, accounting and administrative control of the execution of the intervention also using digital information management methods and tools referred to in Annex I.9, if provided, to carry out the work in a workmanlike manner and in compliance with the project and the contract. 4. In the case of contracts of amounts not exceeding 1 million euros and in any case in the absence of complex works and risks of interference, the works manager, if in possession of the requirements required by current safety legislation, also carries out the functions as coordinator for safety during execution. If the works manager cannot carry out these functions, the contracting authority designates at least one operational director who meets the requirements, identified in the manner established by the code. In this case, the safety coordinator during the execution phase assumes responsibility for the functions assigned to him by the safety legislation, operating in full autonomy. 5. Annex II.14 establishes the activities and tasks delegated to the works manager and to assistants with the functions of operational managers and site inspectors and, if present, of the figures referred to in Annex I.9. Upon first application of the code, Annex II.14 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law no. 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, having heard the Superior Council of Public Works, which replaces it entirely also as an annex to the code. 6. Unless otherwise provided in the tender notice for the design, the contracting stations which are public administrations entrust the management of the works to their employees; failing that, they entrust it to the employees of central purchasing bodies or other public administrations, subject to agreement pursuant to article 15 of law 7 August 1990, n. 241 or agreement or convention referred to in article 30 of the consolidated law on the organization of local authorities, referred to in legislative decree 18 August 2000, n. 267. If the administrations referred to in the first period do not have the necessary skills or personnel or in the case of complex works or those requiring specific professionalism, or if the contracting authority is not a public administration, the task is entrusted with the established methods from the code. 7. For contracts concerning services and supplies, the functions and tasks of the execution director are normally carried out by the RUP, who provides, also with the help of one or more operational directors identified by the contracting authority in relation to the complexity of the contract, to the coordination, management and technical accounting and administrative control of the execution of the contract also, where applicable, through digital information management methods and tools referred to in Annex I.9, ensuring the regular execution by part of the executor, in accordance with the contractual documents. 8. Annex II.14 identifies service and supply contracts of particular importance, in terms of quality or amount of services, for which the director of execution must be different from the RUP. 9. If the contracting authorities do not have the within them the skills or personnel necessary to carry out the execution management activity, paragraph 6. 10 applies. For service and supply contracts identified pursuant to paragraph 8, the contracting authority, upon indication of the director of the execution, having consulted the RUP, may appoint one or more assistants with the functions of operational director to carry out the tasks and assist the director of execution in accordance with the provisions of Annex II.14. EFFECTIVE FROM: 1 July 2023
  • Article 115. Technical accounting and administrative control.

    1. Annex II.14 identifies the methods with which the works manager carries out the management, control and accounting activities of the works through the digital platforms referred to in Article 25, in order to guarantee transparency and simplification. 2. The executor of the works complies with the provisions and service orders of the director of the works without being able to suspend or delay their regular development. The reserves are recorded in the manner and within the terms set out in Annex II.14, under penalty of forfeiture of the right to assert, at any time and in any manner, claims relating to the facts and accounting results resulting from the accounting document. 3. In service and supply contracts, the methods of management, control and accounting activity delegated to the RUP or the execution director, if appointed, are identified with the special specifications or, failing that, with Annex II. 14, according to criteria of transparency and simplification and provide for the use of the digital platforms referred to in article 25. 4. In the contracts referred to in paragraph 3, the special specifications also contain the regulation of disputes during execution, without prejudice to the registration of reserves in accordance with the provisions of paragraph 2, second sentence. 5. The digital platforms referred to in paragraphs 1 and 3 guarantee the connection with the national database of public contracts referred to in article 23, for the sending of the information requested by the ANAC pursuant to article 222, paragraph 9 EFFECTIVE FROM: 1 July 2023 (paragraph 5 from 1 January 2024)
  • Article 116. Testing and verification of conformity.

    1. The contracts are subject to testing for the works and verification of conformity for the services and supplies to certify compliance with the technical, economic and qualitative characteristics of the works and performances, as well as the objectives and times, in accordance with the provisions and contractual agreements. 2. The final testing or verification of conformity must be completed no later than six months from the completion of the works or services, except in cases, identified in Annex II.14, of particular complexity, for which the term can be extended up to one year. In the letter of assignment, in the presence of works or services of limited complexity, the times can be reduced. The test certificate is provisional in nature and becomes definitive two years after its issue. Once this deadline has elapsed, the testing is considered tacitly approved even if the formal act of approval has not been issued within two months of the expiry of the same deadline. 3. Without prejudice to the provisions of article 1669 of the civil code, the contractor is liable for any discrepancies and defects in the work, even if recognisable, provided they are reported by the contracting authority before the testing certificate becomes definitive. 4. To carry out work testing activities, contracting authorities which are public administrations appoint from one to three testers chosen from among their own employees or from among the employees of other public administrations, with qualifications related to the type and characteristics of the contract, in possession of the requirements of morality, competence and professionalism. The testers employed by the same administration belong to functionally independent structures. The compensation due for the testing activity is contained for employees of the same administration within the scope of the incentive referred to in article 45, while for employees of other public administrations it is determined in accordance with the legislation applicable to contracting authorities and in compliance with the provisions of article 61, paragraph 9, of the legislative decree of 25 June 2008, n. 112, converted, with amendments, by law 6 August 2008, n. 133. The tester of the structures for drawing up the static testing is also identified among the employees of the contracting authority or among the employees of other administrations. For ascertained shortages in the staff of the contracting authority, or of other public administrations, or in cases of particular technical complexity, the contracting authority entrusts the task in accordance with the procedures established by the code. 5. For service and supply contracts, verification compliance is carried out by the RUP or, if appointed, by the enforcement director. For services and supplies characterized by high technological content or high complexity or innovation, the contracting authorities may provide for the appointment of one or more conformity verifiers other than the RUP or the director of contract execution. Paragraph 4 applies to the appointment and remuneration of verifiers. 6. Testing and conformity verification tasks cannot be entrusted to: a) ordinary, administrative and accounting magistrates, and state lawyers and prosecutors, in service activities and, for public works contracts of an amount equal to or greater than the thresholds of European relevance, to those retired in the region or regions where the service activity was carried out; b) to employees belonging to public administration roles in service or on retirement, for public works contracts of an amount equal to or greater than the thresholds of European relevance located in the region or regions where it is carried out for employees in service or is the service activity was carried out for those in retirement; c) to those who in the previous three years have had self-employed or subordinate employment relationships with economic operators in any capacity involved in the execution of the contract; d) to those who have in any case carried out or carry out control, verification, design, approval, authorisation, supervision or management activities on the contract to be tested; e) to those who participated in the tender procedure. 7. The technical methods and times for carrying out the testing, as well as the cases in which the works testing certificate and the conformity verification certificate can be replaced by the certificate of regular execution, are governed by Annex II.14. 8. The technical methods and times of the conformity verification are established by the contracting authority in the specifications. The frequency of the checks may not coincide with the periodic payment of the services so as not to hinder the regular payment in favor of the economic operators. 9. Unless justified needs, conformity verification activities are carried out during the execution of periodic or continuous performance contracts. 10. At the end of the work, the following are drawn up: a) for cultural heritage assets, a scientific final balance prepared by the director of the works or, in the case of interventions on movable cultural assets, decorated surfaces of architectural assets and historicized materials of immovable assets of historical-artistic interest, by restorers of cultural assets or, in the case of archaeological interventions, by qualified archaeologists, in accordance with current legislation, as the last phase of the knowledge and restoration process and as a premise for the future intervention program on the asset; the costs for preparing the scientific final balance are foreseen in the economic framework of the intervention; b) updating the maintenance plan and any information modeling of the work carried out referred to in Article 43 for subsequent life cycle management; c) from the professionals relating to their respective skills, a technical-scientific report, with the explanation of the cultural and scientific results achieved. 11. Laboratory checks and mandatory technical checks inherent to the activities referred to in this article and to the activities referred to in Annex II.14 or specifically provided for in the special works tender specifications, are arranged by the management of the works or by the testing or conformity verification body, attributing the expense to the available sums set aside for this title in the economic framework. These expenses are not subject to reduction. The criteria for determining costs are identified in Annex II.15. Upon first application, Annex II.15 is repealed and replaced by a corresponding decree of the Minister of Infrastructure and Transport, adopted on the proposal of the Superior Council of Public Works, which replaces it entirely also as an annex to the code. EFFECTIVE: July 1, 2023
  • Article 117. Definitive guarantees.

    1. For the signing of the contract, the contractor constitutes a guarantee, called "definitive guarantee", at his choice in the form of a deposit or surety in the manner provided for in article 106, equal to 10 percent of the contractual amount; this obligation is indicated in the tender deeds and documents. In the case of procedures carried out in aggregate form by central purchasing bodies, the amount of the guarantee is indicated at a maximum of 10 percent of the contractual amount. In the case of procedures concerning framework agreements referred to in article 59, the amount of the guarantee for all successful economic operators is indicated at a maximum of 2 percent of the amount of the framework agreement; the amount of the guarantee for the implementation contracts can be set in the tender documentation of the framework agreement at an amount even lower than 10 percent of the value of the contracts themselves with an indication of the methods for calculating the increase envisaged by paragraph 2. 2 To safeguard the public interest in the conclusion of the contract within the terms and in the manner planned in the event of an award with discounts exceeding 10 percent, the guarantee is increased by as many percentage points as those exceeding 10 percent. If the decline is greater than 20 percent, the increase is two percentage points for each point decline greater than 20 percent. In the case of framework agreements with multiple operators which provide for a reopening of the relaunch, the increase referred to in this period is established by the contracting authority in the tender documentation of the framework agreement. 3. The guarantee is provided for the fulfillment of all obligations of the contract and for compensation for damages resulting from any failure to fulfill the obligations themselves, as well as for the reimbursement of sums paid in addition to the executor compared to the results of the final settlement , without prejudice to the compensation for the greater damage towards the contractor. The guarantee ceases to have effect only on the date of issue of the provisional testing certificate or the certificate of regular execution and in accordance with the methods set out in paragraph 8. The contracting authority may request the successful tenderer to reinstate the guarantee if it has completely ceased to apply. or in part; in case of non-compliance, reinstatement is carried out based on the price installments to be paid. The reductions provided for in article 106, paragraph 8, for the provisional guarantee apply to the definitive guarantee. 4. In works contracts, the contractor may request, before signing the contract, to replace the definitive guarantee with the application of a withholding tax on the progress reports equal to 10 percent of the same, without prejudice to the surety guarantee established for the provision of the advance and the guarantee to be constituted for the payment of the balance instalment, pursuant to paragraph 9. For justified reasons of risk due to particular characteristics of the contract or specific subjective situations of the executor of the works, the contracting authority may oppose the replacement of the guarantee. Withholding taxes are released by the contracting station upon issuing the provisional testing certificate or the certificate of regular execution or in any case no later than twelve months after the date of completion of the works resulting from the relevant certificate. 5. The contracting stations have the right to claim of the guarantee, within the limits of the maximum guaranteed amount, for any additional expense incurred for the completion of the works, services or supplies in the event of termination of the contract ordered to the detriment of the executor. They can also confiscate the guarantee for the payment of the amount due by the executor for non-compliance resulting from non-compliance with the rules and provisions of collective agreements, laws and regulations on the protection, protection, insurance, assistance and physical safety of the workers assigned to the execution. of the contract. 6. Without prejudice to the provisions of paragraph 4, failure to establish the guarantee referred to in paragraph 1 determines the forfeiture of the award and the acquisition of the provisional guarantee presented at the time of the offer by the contracting authority, which awards the contract to the competitor next in the ranking. 7. The suretyship referred to in paragraph 1 may be issued by the subjects referred to in article 106, paragraph 3, in the manner provided for in the second period of the same paragraph. The guarantee expressly provides for the waiver of the benefit of preventive enforcement by the principal debtor, the waiver of the exception referred to in article 1957, second paragraph, of the civil code, as well as the operation of the guarantee itself within fifteen days, upon simple written request of the contracting authority. 8. The guarantee referred to in paragraph 1 is progressively released as the execution progresses, within the maximum limit of 80 percent of the initial guaranteed amount. The residual amount of the definitive guarantee remains until the date of issue of the provisional testing certificate or the certificate of regular execution, or in any case up to twelve months from the date of completion of the works resulting from the relevant certificate. The release is automatic, without the need for authorization from the client, with the sole condition of the prior delivery to the guarantor institution, by the contractor, of the state of progress of the works or of a similar document, in original or certified copy, certifying the execution took place. This automatism also applies to supply and service contracts. Agreements to the contrary or in derogation are void. Failure to release the progress reports or similar documentation within fifteen days constitutes a breach of contract by the guarantor towards the company for which the guarantee is provided. 9. Payment of the balance installment is subject to the provision of a security or of a bank or insurance guarantee equal to the amount of the same balance installment increased by the legal interest rate applied for the period between the date of issue of the test certificate or verification of conformity in the case of service or supply contracts and the assumption of the definitive character of the same. 10. The executor of the works constitutes and delivers to the contracting station at least ten days before the delivery of the works also an insurance policy which covers the damages suffered by the contracting stations due to damage or of the total or partial destruction of systems and works, including pre-existing ones, which occurred during the execution of the works. The amount of the sum to be insured is established in the documents and deeds based on the tender or assignment which, as a rule, corresponds to the amount of the contract itself if there are no justified particular circumstances that require a higher amount to be insured. The policy of this paragraph insures the contracting authority against civil liability for damage caused to third parties during the execution of the works, the ceiling of which is equal to 5 percent of the sum insured for the works with a minimum of 500,000 euros and a maximum of 5,000,000 euros. The insurance coverage starts from the date of delivery of the works and ceases on the date of issue of the provisional testing certificate or the certificate of regular execution or in any case twelve months after the date of completion of the works resulting from the relevant certificate. If a guarantee period is foreseen, the insurance policy is replaced by a policy that indemnifies the contracting authorities from all risks associated with the use of the works under guarantee or interventions for their possible replacement or reconstruction. The omitted or delayed payment of the sums due as a premium or commission by the executor does not lead to the ineffectiveness of the guarantee towards the contracting authority. 11. For works with an amount exceeding double the threshold referred to in article 14, the holder of the contract for the settlement of the balance installment stipulates, with effect from the date of issue of the provisional testing certificate or the certificate of regular execution or in any case twelve months from the date of completion of the works resulting from the relevant certificate , a ten-year indemnity policy to cover the risks of total or partial ruin of the work, or risks deriving from serious construction defects. The policy contains the provision for the payment of the contractually due compensation to the client as soon as he requests it, even while liability is pending and without the need for consent or authorization of any kind. The indemnity limit of the ten-year policy is no less than 20 percent of the value of the work carried out and no more than 40 percent, in compliance with the principle of proportionality having regard to the nature of the work. The executor of the works also stipulates for the works referred to in this paragraph a civil liability insurance policy for damage caused to third parties, with effect from the date of issue of the provisional testing certificate or the certificate of regular execution and for the duration of ten years and with compensation equal to 5 percent of the value of the work carried out with a minimum of 500,000 euros and a maximum of 5,000,000 euros. 12. The sureties and insurance policies provided for by the code comply with the schemes type approved by decree of the Minister of Business and Made in Italy in agreement with the Minister of Infrastructure and Transport and the Minister of Economy and Finance. Suretyship guarantees provide for compensation towards the contractor and the right of recourse towards the contracting authority for any unjust enrichment and can be issued jointly by multiple guarantors. The guarantors designate an agent or a delegate for relations with the contracting authority. 13. In the case of temporary groupings, the sureties and insurance guarantees are presented, on an irrevocable mandate, by the agent in the name and on behalf of all the competitors, without prejudice to the joint and several liability between the companies. 14. For contracts to be carried out by economic operators of proven solidity as well as for the supply of goods which due to their nature, or the special use for which they are intended, must be purchased in the place of production or supplied directly by the manufacturers, or for the supply of art products, machinery, instruments and precision work, the execution of which must be entrusted to specialized operators, exemption from the provision of the guarantee is possible subject to adequate justification and is subject to an improvement in the award price or execution conditions. EFFECTIVE FROM: 1 July 2023
  • Article 118. Guarantees for the execution of works of particular value.

    1. For assignments to a general contractor of any amount, and, when required by the tender notice or notice, for contracts of an amount exceeding 100 million euros, the successful tenderer presents in the form of a deposit or surety issued by the subjects referred to in article 106, paragraph 3, in place of the definitive guarantee referred to in article 117, a guarantee of the fulfillment of all the obligations of the contract and of compensation for damages resulting from any failure to fulfill the obligations themselves, called " guarantee of good performance" and a guarantee of completion of the work in cases of termination of the contract provided for by the civil code and this code, called "guarantee for resolution". 2. In the case of entrusting the works to a new entity, the latter also presents the guarantees provided for in paragraph 1. 3. The guarantee of good performance is established in the manner referred to in article 117, paragraphs 1 and 2, and is equal to a fixed 5 percent of the contractual amount as resulting from the award without application of the increases for reductions referred to in article 117, paragraph 1; remains until the date of issue of the provisional testing certificate or the certificate of regular execution, or in any case up to twelve months from the date of completion of the works resulting from the relevant certificate. 4. The surety guarantee "for resolution" operates in cases of termination of the contract provided for by the civil code and by this code and is for an amount equal to 10 percent of the contractual amount, without prejudice to the fact that, if the amount in absolute value is greater than 100 million euros, it is in any case considered limited to 100 million euros. 5. The "resolution" guarantee covers, within the limits of the damages actually suffered, the costs for the re-assignment procedures by the contracting authority and any additional cost between the contractual amount resulting from the original award of the works and the contractual amount of the re-assignment of the works themselves, to which are added the amounts of the payments already made or to be made based on the progress of the works. 6. The "resolution" guarantee is effective starting from the completion of the contract and until the date of issue of the certificate of completion of the works, when it automatically ceases. The guarantee "for resolution" automatically ceases even after three months from the date of re-assignment of the works. 7. The guarantees referred to in this article expressly provide for the waiver of the benefit of preventive enforcement of the principal debtor and the waiver of the exception referred to in to article 1957, second paragraph, of the civil code. 8. In the case of enforcement, payment is made within thirty days, upon simple written request from the contracting authority; the request bears the indication of the title for which the contracting authority requests enforcement. 9. The standard policy schemes concerning the surety guarantees of paragraph 1 are adopted in the manner referred to in article 117, paragraph 12. Yes the second and third periods of the same paragraph also apply. EFFECTIVE: July 1, 2023
  • Article 119. Subcontracting.

    1. The parties entrusted with the contracts carry out the works, services and supplies included in the contract on their own. Without prejudice to the provisions of article 120, paragraph 1, letter d), the assignment of the contract is void. The agreement by which third parties are entrusted with the entire execution of the contracted services or works, as well as the prevalent execution of the works relating to the main category and labor-intensive contracts, is also void. Subcontracting is permitted in accordance with the provisions of this article. 2. Subcontracting is the contract by which the contractor entrusts to third parties the execution of part of the services or processes covered by the procurement contract, with the organization of means and risks burden of the subcontractor. However, any contract stipulated by the contractor with third parties concerning activities carried out anywhere that require the use of manpower, such as supplies with installation and hot rentals, if individually of an amount greater than 2 percent, constitutes a subcontracting of works. of the amount of the services entrusted or of an amount exceeding 100,000 euros and if the incidence of the cost of labor and personnel is greater than 50 percent of the amount of the contract to be entrusted. In compliance with the principles referred to in articles 1, 2 and 3, after adequate justification in the decision to contract, the contracting authorities, possibly making use of the opinion of the competent Prefectures, indicate in the tender documents the services or processes covered by the contract to be carried out by of the successful tenderer due to the specific characteristics of the contract, including those referred to in Article 104, paragraph 11, due to the need to strengthen, taking into account the nature or complexity of the services or work to be carried out, the control of construction site activities and more generally of workplaces or to guarantee more intense protection of working conditions and the health and safety of workers or to prevent the risk of criminal infiltration. This last assessment is disregarded when the subcontractors are registered in the list of suppliers, service providers and executors of works referred to in paragraph 52 of article 1 of law 6 November 2012, n.190, or in the anti-mafia register of executors established by article 30 of the legislative decree of 17 October 2016, n. 189, converted, with amendments, by law 15 December 2016, n. 229. The contractor communicates to the contracting authority, before the start of the service, for all sub-contracts that are not subcontracts, stipulated for the execution of the contract, the name of the sub-contractor, the amount of the sub- contract, the object of the work, service or supply entrusted. Any changes to this information that occur during the sub-contract are also communicated to the contracting authority. It is also mandatory to acquire additional authorization if the object of the subcontract undergoes changes and the amount of the same is increased. 3. Due to their specificity, the following categories of supplies or services do not qualify as subcontracted activities: a) the assignment of secondary, ancillary or subsidiary activities to self-employed workers, for which notification must be made to the contracting authority; b) the catalog subcontracting of IT products; c) the assignment of services for an amount lower than 20,000 euros per year to agricultural entrepreneurs in municipalities classified as totally mountainous in the list of Italian municipalities prepared by ISTAT, or included in the circular of the Ministry of Finance no. 9 of 14 June 1993, published in the ordinary supplement no. 53 in the Official Gazette of the Italian Republic n. 141 of 18 June 1993, as well as in the municipalities of the smaller islands referred to in Annex A annexed to law 28 December 2001, n. 448; d) secondary, ancillary or subsidiary services rendered in favor of the entrusted entities by virtue of continuous cooperation, service or supply contracts signed in a period prior to the announcement of the procedure aimed at awarding the contract. The relevant contracts are sent to the contracting authority before or at the same time as the signing of the procurement contract. 4. The subjects entrusted with the contracts referred to in the code may subcontract the works or works, services or supplies included in the contract, subject to authorization of the contracting authority provided that: a) the subcontractor is qualified for the work or services to be performed; b) the causes of exclusion referred to in Chapter II of Title IV of Part V of this Book do not exist against him; c) at the time of the offer, the works or parts of works or the services and supplies or parts of services and supplies that are intended to be subcontracted have been indicated. 5. The contractor transmits the subcontracting contract to the contracting authority at least twenty days before the actual start date of the execution of the relevant services. At the same time, it transmits the subcontractor's declaration certifying the absence of the causes of exclusion referred to in Chapter II of Title IV of Part V of this Book and the possession of the requirements referred to in articles 100 and 103. The contracting authority verifies the declaration through the Bank national data referred to in article 23. The subcontracting contract, accompanied by the technical, administrative and graphic documentation directly derived from the documents of the entrusted contract, promptly indicates the operational scope of the subcontracting both in performance and economic terms. 6. The main contractor and the subcontractor are jointly liable towards the contracting authority for the services covered by the subcontracting contract. The successful tenderer is jointly and severally liable with the subcontractor for salary and contribution obligations, pursuant to article 29 of Legislative Decree 10 September 2003, n. 276. In the cases referred to in paragraph 11, letters a) and c), the contractor is freed from the joint and several liability referred to in the second sentence of this paragraph. 7. The contractor is required to observe the economic and regulatory treatment established by the national and territorial collective agreements in force for the sector and for the area in which the services are carried out in accordance with the provisions of article 11. It is also. jointly and severally responsible for compliance with the aforementioned rules by the subcontractors towards their employees for the services rendered within the scope of the subcontract in compliance with the provisions of paragraph 12. The contractor and, through him, the subcontractors, transmit to the contracting station before the start of the works, the documentation of the notification to the social security bodies, including the Building, Insurance and Accident Prevention Fund, as well as a copy of the plan referred to in paragraph 15. For the payment of the services rendered in the context of the contract or subcontracting, the contracting authority automatically acquires the valid single document of contributory regularity relating to the contractor and all subcontractors. 8. For contracts relating to works, services and supplies, in the event of delay in the payment of wages owed to employees or to subcontractors or to persons holding subcontracts and piece rates, as well as in the event of non-compliance with contributions resulting from the single contribution regularity document, the provisions of article 11, paragraph 5. 9 apply. In the case of formal dispute of the requests referred to in paragraph 8, the RUP or the person responsible for the execution phase, where appointed, forwards the requests and complaints to the provincial labor directorate for the necessary checks. 10. The contractor replaces, subject to authorization of the contracting authority, the subcontractors for whom, following a specific verification, the existence of causes of exclusion referred to in Chapter II of Title IV of Part V of this Book has been ascertained. 11. The contracting authority directly corresponds to the subcontractor and to the holders of sub-contracts not constituting subcontracting pursuant to the fifth sentence of paragraph 2 the amount due for the services performed by them in the following cases: a) when the subcontractor is a micro-enterprise or small enterprise; b) in the event of default by the contractor; c) at the request of the subcontractor and if the nature of the contract allows it. 12. The subcontractor, for the services subcontracted, must guarantee the same quality and performance standards envisaged in the procurement contract and recognize the workers with economic and regulatory no lower than that which the main contractor would have guaranteed. The subcontractor is required to apply the same national collective labor agreements as the main contractor, if the subcontracted activities coincide with those characterizing the object of the contract or concern work relating to the prevailing categories and are included in the contractor's corporate purpose. principal. The contractor pays the safety and labor costs relating to the services subcontracted to the subcontracting companies without any discount; the contracting authority, after consulting the works director, the safety coordinator during the execution phase or the execution director, verifies the effective application of this provision. The contractor is jointly responsible with the subcontractor for the latter's compliance with the safety obligations required by current legislation. 13. For the works, the names of all subcontracting companies. 14. To combat the phenomenon of irregular undeclared work, the single contribution regularity document includes verification of the adequacy of the impact of the workforce relating to the specific contract entrusted. This congruity, for construction works, is verified by the Building Fund on the basis of the agreement reached at national level between the social partners signatory to the national collective agreement which are comparatively more representative for the construction sector and the Ministry of Labor and Social Policies. ; for non-building works it is verified in comparison with the specific collective agreement applied. 15. The safety plans referred to in the legislative decree of 9 April 2008, n. 81 are made available to the competent authorities responsible for construction site inspections. The contractor is required to ensure the coordination of all the subcontractors operating on the construction site to make the specific plans drawn up by the individual subcontractors compatible with each other and consistent with the plan presented by the contractor. In the case of a temporary grouping or consortium, the obligation falls to the agent. The construction site technical director is responsible for compliance with the plan by all companies involved in carrying out the works. 16. The contractor who uses subcontracting or piecework must attach the declaration regarding the existence of the contract to the certified copy of the contract. or less of any forms of control or connection pursuant to article 2359 of the civil code with the holder of the subcontract or piece rate. A similar declaration must be made by each of the participating entities in the case of a temporary grouping, company or consortium. The contracting authority issues the authorization referred to in paragraph 4 within thirty days of the relevant request; this deadline can be extended only once, when there are justified reasons. If this deadline has elapsed without any action having been taken, the authorization is deemed to have been granted. For subcontracts or piecework of an amount lower than 2 percent of the amount of the services entrusted or of an amount lower than 100,000 euros, the terms for issuing the authorization by the contracting authority are reduced by half. 17. The contracting authorities indicate in the tender documents the services or processes which are the subject of the procurement contract which, although subcontractable, cannot be the subject of further subcontracting, due to the specific characteristics of the contract and the need, taking into account the nature or complexity of the services or of the work to be carried out, to strengthen the control of construction site activities and more generally of the workplace or to guarantee more intense protection of working conditions and the health and safety of workers or to prevent the risk of criminal infiltration. This last assessment is disregarded when additional subcontractors are registered in the list of suppliers, service providers and executors of works referred to in paragraph 52 of article 1 of law no. 6 November 2012. 190, or in the anti-mafia register of perpetrators established by article 30 of the legislative decree of 17 October 2016, n. 189, converted, with amendments, by law 15 December 2016, n. 229. 18. The provisions of this article also apply to temporary groupings and companies, including consortiums, when the combined or consortium companies do not intend to directly perform the separable services; they also apply to contracts with a negotiated procedure. For the purposes of applying the provisions of this article, in derogation of article 68, paragraph 15, the establishment of the joint venture is permitted when the associating member does not intend to directly perform the services contracted. 19. This is without prejudice the power for the regions with special statutes and for the autonomous provinces of Trento and Bolzano, on the basis of their respective statutes and related implementation rules and in compliance with current European legislation and the principles of European law, to regulate further cases of direct payment of subcontractors. 20. The contracting authorities issue the certificates necessary for participation and qualification to the contractor, deducting the value and category of what is carried out through the subcontract from the entire value of the contract. Subcontractors may request from the contracting authorities the certificates relating to the contracted services performed. EFFECTIVE FROM: 1 July 2023 (paragraph 5 from 1 January 2024)
  • Article 120. Modification of contracts in progress.

    1. Without prejudice to the provisions of article 60 for price review clauses, procurement contracts may be modified without a new award procedure in the following cases, provided that, in the cases provided for in letters a) and c), despite the modifications , the structure of the contract or framework agreement and the underlying economic operation can be considered unchanged: a) if the modifications, regardless of their monetary value, have been provided for in clear, precise and unambiguous clauses of the initial tender documents, which may also consist of option clauses; for contracts relating to services or supplies stipulated by aggregators, the provisions of article 1, paragraph 511, of law no. 28 December 2015 remain unchanged. 208; b) due to the arising need for additional works, services or supplies, not foreseen in the initial contract, where a change of contractor at the same time: 1) is impracticable for economic or technical reasons; 2) causes significant inconvenience or a substantial increase in costs for the contracting authority; c) for variations during construction, to be understood as modifications made necessary during the execution of the contract due to unforeseeable circumstances on the part of the contracting authority. These circumstances include new legislative or regulatory provisions or provisions issued by authorities or bodies responsible for the protection of significant interests; d) if a new contractor replaces the successful tenderer due to one of the following circumstances: 1) the subjective changes involving the replacement of the original contractor are foreseen in clear, precise and unambiguous clauses of the tender documents; 2) the successful tenderer is succeeded, due to death or insolvency or following corporate restructuring, which involves succession in pending relationships, by another economic operator who satisfies the initial selection criteria, provided that this does not imply further substantial changes to the contract and does not is aimed at evading the application of the code, without prejudice to the provisions of article 124; 3) in the event that the contracting authority assumes the obligations of the main contractor towards its subcontractors. 2. In the cases referred to in paragraph 1, letters b) and c), the contract can be modified only if the possible increase price does not exceed 50 percent of the value of the initial contract. In the case of multiple subsequent modifications, the limitation applies to the value of each modification. Such subsequent modifications do not circumvent the enforcement of the code. 3. Contracts may also be modified, in addition to what is provided for in paragraph 1, without the need for a new procedure, provided that despite the modifications, the structure of the contract or framework agreement and the underlying economic operation can be considered unchanged, if the value of the modification is below both of the following values: a) the thresholds set in Article 14; b) 10 percent of the initial contract value for service and supply contracts; 15 percent of the initial contract value for works contracts; in the event of multiple subsequent modifications, the value is ascertained on the basis of the overall value of the contract net of subsequent modifications. 4. For the purposes of calculating the price referred to in paragraphs 1, letters b) and c), 2 and 3, when the contract provides for an indexation clause, the reference value is the updated price. 5. They are always permitted, regardless of their value, the changes are not substantial. 6. The modification is considered substantial when it significantly alters the structure of the contract or framework agreement and the underlying economic operation. In any case, without prejudice to paragraphs 1 and 3, a modification is considered substantial if one or more of the following conditions occur: a) the modification introduces conditions which, if they had been contained in the initial procurement procedure, would have allowed to admit candidates other than those initially selected or to accept an offer other than the one initially accepted, or would have attracted additional participants in the procurement procedure; b) the modification changes the economic balance of the contract or framework agreement in favor of the successful tenderer in a way not foreseen in the initial contract; c) the amendment significantly extends the scope of the contract; d) a new contractor replaces the one to whom the contracting authority had initially awarded the contract in cases other than those provided for in paragraph 1, letter d). 7. The modifications to the project proposed by the contracting authority or by the contractor with which, in compliance with the functionality of the work: a) ensure savings, compared to the initial forecasts, to be used as compensation to deal with the increasing variations in processing costs; b) equivalent or improved solutions are created in terms economic, technical or completion times of the work. 8. The contract can always be modified pursuant to article 9 and in compliance with the renegotiation clauses contained in the contract. In the event that these are not foreseen, the request for renegotiation must be made without delay and does not, in itself, justify the suspension of the execution of the contract. The RUP shall formulate the proposal for a new agreement within a period not exceeding three months. In the event that a new agreement is not reached within a reasonable time, the disadvantaged party may take legal action to obtain the adaptation of the contract to the original balance, without prejudice to liability for the violation of the renegotiation obligation. 9. In initial tender documents it may be established that, if during execution it becomes necessary to increase or decrease performance up to a fifth of the contract amount, the contracting authority may require the contractor to perform under the conditions originally envisaged . In this case the contractor cannot assert the right to terminate the contract. 10. In the event that an extension option is provided for in the tender notice and initial tender documents, the original contractor is required to perform the contractual services to prices, agreements and conditions established in the contract or, if provided for in the tender documents, at market conditions where most favorable for the contracting authority. 11. In exceptional cases in which there are objective and insurmountable delays in the conclusion of the contract award procedure, it is permitted, for the time strictly necessary to conclude the procedure, to extend the contract with the outgoing contractor if the interruption of services could determine dangerous situations for people, animals, things, or for public hygiene, or in cases where the interruption of the performance deduced in the tender would cause serious damage to the public interest that it is intended to satisfy. In this case, the original contractor is required to carry out the contractual services at the prices, agreements and conditions set out in the contract. 12. The provisions of law no. 21 February 1991 apply to credit transfers. 52. Annex II.14 regulates the conditions for enforceability against contracting authorities. 13. Without prejudice to the provisions of paragraph 8 for the case of renegotiation, the modifications and variations must be authorized by the RUP in the manner provided for by the order of the contracting authority. The design changes permitted pursuant to paragraph 7 must be approved by the contracting authority upon proposal of the RUP, in accordance with the provisions of Annex II.14. 14. A notice of the modification of the contract in the situations referred to in paragraph 1, letters b) and c), is published by the contracting authority in the Official Journal of the European Union. The notice contains the information set out in Annex II.16, and is published in accordance with Article 84. Upon first application of the Code, Annex II.16 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to 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 for European Affairs, which replaces it entirely also as an annex to the code. For contracts of amounts lower than the threshold referred to in article 14, advertising takes place nationally. 15. In relation to the modifications to the contract, as well as in relation to the variations during construction, the communication and transmission costs to the ANAC, by the RUP, identified in Annex II.14, are observed. In the event that the ANAC ascertains the illegitimacy of the approved variant during construction, it exercises the powers referred to in article 222. In the event of failure to comply with the obligations of communication and transmission of modifications and variants during construction provided for in Annex II.14, the administrative pecuniary sanctions referred to in article 222, paragraph 13 apply. EFFECTIVE FROM: 1 July 2023
  • Article 121. Suspension of execution.

    1. When special circumstances arise, which temporarily prevent the works from proceeding in a workmanlike manner, and which were not foreseeable at the time of stipulation of the contract, the director of works may order the suspension of the execution of the contract, completing the suspension report, which is forwarded, within five days, to the RUP. 2. The suspension may also be ordered by the RUP for reasons of necessity or public interest. 3. In the cases provided for in paragraphs 1 and 2, for the construction of public works for an amount equal to or greater than the thresholds referred to in article 14, the suspension is ordered by the RUP after having acquired the opinion of the technical advisory board where established. If the suspension is imposed by serious technical reasons, capable of affecting the workmanlike implementation of the work, in relation to the methods of overcoming which there is no agreement between the parties, article 216, paragraph applies. 4. 4. Without prejudice to the hypothesis of the second sentence of paragraph 3, the suspension is ordered for the time strictly necessary. Once the relevant causes have ceased, the RUP orders the resumption of execution and indicates the new contractual term. 5. If the suspension or suspensions last for a period of time exceeding a quarter of the overall duration foreseen for the execution of the works themselves, or in any case when they exceed a total of six months, the executor can request the termination of the contract without compensation; if the contracting authority objects, the executor has the right to reimbursement of the increased costs resulting from the extension of the suspension beyond the aforementioned terms. No compensation is due to the executor in other cases. 6. When, following the delivery of the works, circumstances arise which partially prevent the regular carrying out of the works, due to unforeseeable causes or force majeure, the executor continues the executable parts of the work, while the partial suspension of non-executable works is carried out, acknowledging this in a specific report. In the case of partial suspension, paragraph 3 of this article applies for the construction of public works for an amount equal to or greater than the thresholds referred to in article 14. 7. Objections by the executor regarding the suspensions of the works , in the cases referred to in paragraphs 1, 2 and 6, are entered, under penalty of forfeiture, in the reports of suspension and resumption of work, unless the dispute concerns, in initially legitimate suspensions, only the duration, in which case it is registration of the same in the work resumption report is sufficient; if the executor does not sign the minutes he must make an express reservation in the accounting register. When the suspension exceeds a quarter of the total contractual time, the person responsible for the procedure gives notice to the ANAC. In case of failure or late communication, ANAC imposes an administrative sanction on the contracting authority pursuant to article 222, paragraph 13. 8. The executor who for reasons not attributable to him is unable to complete the works within the deadline fixed may request its extension, well in advance of the expiry of the contractual term. In any case, the granting of the extension does not prejudice the rights due to the executor due to the possible imputability of the longer duration to the contracting authority. The RUP, having consulted the director of works, decides on the request for extension within thirty days of its receipt. For works aimed at the realization of public works of an amount equal to or greater than the thresholds referred to in article 14, the opinion of the technical advisory board, where established, is obtained. 9. Without prejudice to the case of extension provided for in paragraph 8, the executor completes the work within the deadline established by the contractual documents, starting from the date of the delivery report or, in the case of partial delivery, from the last of the delivery reports. The completion of the works, as soon as it has taken place, is communicated by the executor in writing to the director of the works, who immediately proceeds with the necessary findings in cross-examination. The executor has no right to the termination of the contract nor to any compensation if the works, for any reason not attributable to the contracting authority, are not completed within the contractual term and regardless of the longer time taken. 10. In the case of total or partial suspensions of the works ordered by the contracting authority for reasons other than those referred to in paragraphs 1, 2 and 6, the executor may request, after registration, under penalty of forfeiture, specific reservations, to pursuant to paragraph 7, compensation for damages suffered, quantified on the basis of the provisions of article 1382 of the civil code and according to criteria identified in annex II.14. 11. The provisions of this article apply, insofar as they are compatible, to contracts relating to services and supplies, meaning the provisions regarding the director of works refer to the director of execution, if appointed. Paragraphs 3, 6, second period, and 8, fourth period also apply to procurement contracts for supplies and services for an amount equal to or greater than 1 million euros. EFFECTIVE FROM: 1 July 2023
  • Article 122. Resolution.

    1. Without prejudice to the provisions of Article 121, contracting authorities may terminate a procurement contract without time limits if one or more of the following conditions occur: a) substantial modification of the contract, which requires a new procurement procedure pursuant to article 120; b) with reference to the modifications referred to in article 120, paragraph 1, letters b) and c), exceeding the thresholds referred to in paragraph 2 of the aforementioned article 120 and, with reference to the modifications referred to in article 120, paragraph 3, exceeding the thresholds referred to in the same article 120, paragraph 3, letters a) and b); c) the successful tenderer found himself, at the time of the award of the contract, in one of the situations referred to in Article 94, paragraph 1, and should therefore have been excluded from the tender procedure; d) the contract should not have been awarded in consideration of a serious violation of the obligations deriving from the treaties, as recognized by the Court of Justice of the European Union in a proceeding pursuant to Article 258 of the Treaty on the Functioning of the European Union. 2. Contracting authorities terminate a procurement contract if the contractor has: a) the revocation of the certification of qualification for having produced false documentation or false declarations; b) a definitive provision has been issued which provides for the application of one or more prevention measures referred to in the code of anti-mafia laws and the related prevention measures, referred to in the legislative decree 6 September 2011, n. 159, or a final conviction has been issued for the crimes referred to in Chapter II of Title IV of Part V of this Book. 3. The procurement contract may also be terminated for serious failure to fulfill contractual obligations by the contractor, such as to compromise the success of the services. The director of works or the director of execution, if appointed, when he ascertains a serious non-compliance pursuant to the first sentence, initiates the procedure regulated by article 10 of Annex II.14 in consultation with the contractor. At the end of the procedure, the contracting authority, upon proposal of the RUP, declares the contract terminated with a written document communicated to the contractor. 4. If, outside of the provisions of paragraph 3, the execution of the services is delayed for negligence of the contractor with respect to the provisions of the contract, the director of works or the director of execution, if appointed, assigns him a deadline which, except in cases of urgency, cannot be less than ten days, within which he must carry out performance. Once the deadline has expired and the joint verbal process has been drawn up, if the non-compliance persists, the contracting authority terminates the contract, with a written document communicated to the contractor, without prejudice to the payment of penalties. 5. In all cases of termination of the contract the contractor is entitled only to payment for the services relating to the works, services or supplies regularly performed. 6. In cases of termination of the contract referred to in paragraphs 1, letters c) and d), 2, 3 and 4, the sums referred to in paragraph 5, additional charges deriving from the termination of the contract are deducted, and at the time of final settlement of the works, services or supplies relating to the terminated contract, the burden to be borne by the contractor is also determined in relation to the greater expense incurred for the new award, if the contracting authority has not availed itself of the option provided for by article 124, paragraph 2, first sentence. 7. Annex II.14 regulates the activities delegated to the director of works and the testing or conformity verification body following the termination of the contract. 8. In cases of termination of the contract, the contractor shall arrange for the construction sites already set up to be closed and for the clearing of the work areas and related appurtenances within the deadline assigned by the station contracting; in case of non-compliance with the deadline, the contracting authority will automatically charge the contractor the related costs and expenses. As an alternative to the execution of any precautionary, possessory or emergency jurisdictional measures, however denominated, which inhibit or delay the withdrawal of the construction sites or the clearing of the work areas and related appurtenances, the contracting authority may deposit a deposit in an escrow account in favor of the contractor or provide a bank guarantee or insurance policy in the manner referred to in article 106, equal to 1 percent of the value of the contract. The contractor's right to take action for compensation for damages remains unaffected. EFFECTIVE FROM: 1 July 2023
  • Article 123. Withdrawal.

    1. Without prejudice to the provisions of articles 88, paragraph 4-ter and 92, paragraph 4, of the code of anti-mafia laws and prevention measures, referred to in legislative decree 6 September 2011, n. 159, the contracting authority may withdraw from the contract at any time as long as it indemnifies the contractor by paying for the works carried out or the services relating to the services and supplies carried out as well as the value of the useful materials existing on the construction site in the case of works or in the warehouse in the case of services or supplies, in addition to one tenth of the amount of the works, services or supplies not performed, calculated in accordance with the provisions of Annex II.14. 2. The exercise of the right of withdrawal is expressed by the contracting authority through a formal communication to the contractor to be given in writing with a notice of no less than twenty days, after which the contracting authority takes delivery of the works, services or supplies and carries out the definitive testing or verifies the regularity of the services and supplies. 3. Annex II.14 regulates the reimbursement of materials, the right of retention of the contracting authority and the removal and clearing obligations of the contractor. EFFECTIVE FROM: July 1, 2023
  • Article 124. Execution or completion of works, services or supplies in the event of insolvency proceedings or impediment to the continuation of the assignment with the designated executor.

    1. Without prejudice to the provisions of paragraphs 4 and 5, in the event of judicial liquidation, compulsory liquidation and preventive composition, or termination of the contract pursuant to article 122 or withdrawal from the contract pursuant to article 88, paragraph 4 -ter, of the code of anti-mafia laws and prevention measures, pursuant to legislative decree 6 September 2011, n. 159, or in the event of a judicial declaration of ineffectiveness of the contract, the contracting authorities progressively consult the subjects who participated in the original tender procedure, resulting from the relevant ranking, to stipulate a new contract for the assignment of the execution or completion of the works, services or supplies, if technically and economically possible. 2. The award takes place under the same conditions already proposed by the original successful tenderer at the site on offer. The contracting authorities may provide in the tender documents that the new award takes place under the conditions proposed by the economic operator consulted. 3. For contracts for the construction of public works for an amount equal to or greater than the thresholds referred to in Article 14 and of services and supplies of an amount equal to or greater than 1 million euros, in derogation from paragraphs 1 and 2, article 216, paragraphs 2 and 3. 4. The liquidator of the judicial liquidation procedure, authorized to exercise temporary agency of the company, may, upon authorization of the delegated judge, stipulate the contract if the award occurred before the declaration of judicial liquidation and execute the contracts and framework agreements already stipulated by the company subject to judicial liquidation. The authorization to stipulate the contract must occur within the deadline referred to in article 18, paragraph 2; failing which, the liquidator is to be considered released from any obligation and the contracting authority proceeds in accordance with paragraphs 1 and 2. 5. For contracts in progress, the companies that have filed the application for access to the composition with creditors, also the pursuant to article 44, paragraph 1, of the business crisis and insolvency code, referred to in legislative decree 12 January 2019, n. 14, paragraphs 1 and 2 of article 95 of the same code apply. In the event that the application referred to in the first period was filed after the adoption of the award provision, the stipulation of the contract must be authorized within the deadline set by paragraph 4, pursuant to article 95, paragraphs 3 and 4, of the code referred to in legislative decree no. 14 of 2019. 6. The provisions of article 32 of the legislative decree of 24 June 2014, n. 90, converted, with amendments, by law 11 August 2014, n. 114, regarding extraordinary business management measures in the field of corruption prevention.
  • Article 125. Advance payment, methods and terms of payment of the consideration.

    1. The amount of the advance price equal to 20 percent is calculated on the value of the procurement contract, to be paid to the contractor within fifteen days of the actual start of the service even in the case of delivery of the works or start of execution on an urgent basis, pursuant to article 17, paragraphs 8 and 9. An increase in the advance price of up to 30 percent may be foreseen with the tender documents. These provisions do not apply to the supply and service contracts indicated in Annex II.14. For multi-year contracts, the advance amount must be calculated on the value of the services for each accounting year, established in the payment timetable, and is paid within fifteen days from the actual start of the first useful service relating to each year, according to the timetable. of performance. The provision of the advance is subject to the establishment of a bank or insurance guarantee for an amount equal to the advance increased by the legal interest rate applied to the period necessary to recover the advance according to the service timetable. The guarantee is issued by the subjects referred to in article 106, paragraph 3, in the manner provided for in the second period of the same paragraph. The amount of the guarantee is gradually and automatically reduced during the performance, in relation to the progressive recovery of the advance by the contracting authorities. The beneficiary forfeits the advance, with the obligation to repay it, if the execution of the service does not proceed, due to delays attributable to him, according to the contractual times. Legal interest is due on the returned sums starting from the date of disbursement of the advance. 2. In works contracts, payments relating to the advance payments are made within thirty days starting from the adoption of each state of progress, unless a different term is expressly agreed in the contract, in any case not exceeding sixty days and provided that this is objectively justified by the particular nature of the contract or by certain of its characteristics. 3. The state of progress of the works, obtained from the accounting register, is adopted in the manner and within the terms indicated in the contract. To this end, the works manager ascertains without delay the achievement of the contractual conditions. Failure to do so will be communicated by the person carrying out the work. At the same time as the positive outcome of the assessment, or at the same time as receiving the communication from the executor, the works manager adopts the state of progress of the works and transmits it to the RUP, except as provided for in paragraph 4. 4. In case of discrepancies between the assessments of the director of works and those of the executor regarding the achievement of the contractual conditions for the adoption of the state of progress, the director of works, following a timely discussion with the executor, archives the communication referred to in the paragraph 3 or adopts the progress report and immediately transmits it to the RUP. 5. The payment certificates relating to the advance payments are issued by the RUP at the same time as the adoption of each progress report and in any case within a period not exceeding seven days. The RUP, after verifying the contributory regularity of the executor and subcontractors, sends the payment certificate to the contracting authority, which proceeds with the payment pursuant to paragraph 2. The executor issues an invoice upon adoption of the payment certificate. The unjustified delay in issuing payment certificates may constitute a reason for evaluating the RUP for the purposes of paying the incentive pursuant to article 45. The executor may issue an invoice at the time of adopting the state of progress of the works. The issuing of the invoice by the executor is not subject to the release of the payment certificate by the RUP. 6. In service and supply contracts with characteristics of periodicity or continuity, which provide for the payment of advances on the consideration, apply the provisions of paragraphs 3, 4 and 5. 7. Upon the positive outcome of the testing in works contracts and the verification of conformity in service and supply contracts, and in any case within a period not exceeding seven days from issuing the relevant certificates, the RUP issues the payment certificate relating to the balance instalment; payment is made within thirty days starting from the positive outcome of the testing or conformity verification, unless a different term is expressly agreed in the contract, in any case not exceeding sixty days and provided that this is objectively justified by the particular nature of the contract or by some of its characteristics. The payment certificate does not constitute a presumption of acceptance of the work, pursuant to article 1666, second paragraph, of the civil code. Paragraph 5, third and fourth sentences apply. 8. The provisions of article 4, paragraph 6, of Legislative Decree 9 October 2002, no. remain unchanged. 231. 9. In case of delay in payments with respect to the terms referred to in this article or to the different terms established by the contract, the provisions of articles 5 and 6 of the legislative decree of 9 October 2002, n. 231, on the subject of default interest. 10. The digital platforms referred to in article 25 ensure the traceability of electronic invoices to the advance payments corresponding to the states of progress and to all payments of the individual contracts, guaranteeing interoperability with the central systems of public accounting. The aforementioned platforms are integrated with the technological platform for interconnection and interoperability between public administrations and authorized payment service providers, provided for by article 5 of the digital administration code, referred to in the legislative decree of 7 March 2005, n. 82. EFFECTIVE FROM: July 1, 2023
  • 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

  • PART VII - SPECIAL PROVISIONS FOR CERTAIN CONTRACTS IN THE ORDINARY SECTORS



  • TITLE I - SOCIAL SERVICES AND SIMILAR SERVICES


  • Article 127. Rules applicable to social and similar services.

    1. Without prejudice to the provisions of Article 6 of the code, for the awarding of social services and other similar services referred to in Annex XIV to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014, for values equal to or higher than the threshold referred to in Article 14, paragraph 1 letter d), the contracting authorities shall proceed alternatively: a) by means of a tender notice or notice which includes the information referred to in Annex II.6, Part I, letter E; b) by means of a pre-information notice, published continuously for periods not exceeding twenty-four months, containing the information referred to in Annex II.6, Part I, letter F, with the warning that the award will take place without further publication of a call for tenders. 2. The provisions of paragraph 1 do not apply when, in the presence of the conditions set out in Article 76, a negotiated procedure is used without publication of a notice. 3. The occurrence assignment of the service is made known through the publication of the award notice referred to in Annex II.6, Part I, letter G. It is possible to group the notices on a quarterly basis, in which case they are sent cumulatively at the latest thirty days after the end of each quarter. 4. The notices and tender notices for assignments in the special sectors referred to in Article 173 contain the information referred to in Annex II.6, Part III, in accordance with the model forms established by European Commission through implementing acts. 5. The notices referred to in this Article shall be published in accordance with Article 164. EFFECTIVE FROM: 1 July 2023
  • Article 128. Personal services.

    1. Except as provided for in Article 127, the following provisions apply to the assignment of personal services. 2. For the purposes of this Part, the following services are considered personal services, as identified in Annex Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014: (a) health services, social services and related services; b) social benefit services; c) other public, social and personal services, including services provided by trade unions, political organisations, youth associations and other services of membership organisations. 3. The assignment must guarantee the quality, continuity, accessibility, availability and completeness of the services, taking into account the specific needs of the different categories of users, including disadvantaged groups and promoting the involvement and empowerment of users . 4. In application of article 37, the contracting authorities approve the programming tools in compliance with state and regional legislation in the sector. 5. The purposes referred to in articles 62 and 63 are also pursued through the forms of aggregation provided for by the legislation sector, with particular attention to social and health districts and similar institutions. 6. The award procedures referred to in Articles 32 to 34, Article 59 and Articles 71 to 76 apply. 7. The provisions referred to in Articles 79, 80, 84 also apply. 85, 89, 94, 95, 98, 99, 100, 101 and 110, adopting the award criterion of the most economically advantageous offer identified on the basis of the best quality/price ratio. 8. For the assignment and execution of personal services for an amount lower than the threshold referred to in article 14, paragraph 1, letter d), the principles and criteria referred to in paragraph 3 of this article shall apply. EFFECTIVE FROM: 1 July 2023

  • TITLE II - CONTRACTS FOR SOCIAL SERVICES AND OTHER SERVICES IN ORDINARY SECTORS


  • Article 129. Reserved contracts.

    1. The contracting authorities have the right, with a notice prepared in accordance with the following provisions, to reserve to the entities referred to in paragraph 2 the right to participate in the procedures for the awarding of the health, social and cultural services identified in Annex Directive 2014/24/EU of the European Parliament and of the Council, of 26 February 2014. 2. Without prejudice to the provisions of Article 6, the following conditions must be satisfied: a) the reserved bodies must have as their statutory objective the pursuit of a public service mission linked to the provision of the services referred to in paragraph 1; b) there must be a restriction on the reinvestment of profits, for the achievement of the statutory objectives or, in any case, a distribution or redistribution based on participatory considerations; c) the management or ownership structures of the entities must be based on participatory or employee shareholding principles, or require the active participation of employees, users or interested parties. 3. The reserve in favor of entities that in the three years prior to the assignment have already been awarded a contract or concession for the services referred to in paragraph 1, arranged in accordance with this article. 4. The maximum duration of the contract cannot exceed three years. EFFECTIVE: July 1, 2023
  • Article 130. Catering services.

    1. Without prejudice to the provisions of Article 127, the catering services indicated in Annex XIV to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 are awarded exclusively on the basis of the economically most economically advantageous, identified on the basis of the best quality/price ratio. The evaluation of the technical offer takes into account, in particular, through the attribution of a reward score: a) the quality of the foodstuffs, with particular reference to organic, typical and traditional products, to products with protected denominations, as well as to coming from short supply chain systems and from social agriculture operators; b) compliance with the environmental provisions regarding sustainable economy (green economy), as well as the relevant minimum environmental criteria referred to in Article 57; c) quality of the training of operators. 2. For the assignment and management of school lunch services and the supply of food and agri-food products to nursery schools, nursery schools, primary schools, first and second secondary schools degree and other public facilities that have children and young people up to eighteen years of age as users, the obligation referred to in article 4, paragraph 5-quater of the legislative decree of 12 September 2013, n. 104, converted, with amendments, by law 8 November 2013, n. 128. 3. Public institutions that manage school and hospital canteens may provide, in the tenders concerning the related supply services, in compliance with article 6, paragraph 1, of law 18 August 2015, n. 141, priority criteria for the inclusion of agri-food products coming from social agriculture operators. 4. With decrees of the Minister of Health, in agreement with the Minister of the Environment and Energy Security and with the Minister of Agriculture, of food and forest sovereignty, the national guidelines for hospital, healthcare and school catering are defined and updated. Until the adoption of these guidelines, the contracting authorities identify in the tender documents the technical specifications aimed at guaranteeing the quality of the requested service. EFFECTIVE FROM: 1 July 2023
  • Article 131. Substitute canteen services.

    1. The purpose of the activity of issuing meal vouchers is to provide a substitute company canteen service through affiliated businesses, by means of meal vouchers or other titles representing services. 2. The awarding of services substitutes referred to in this article are reserved for joint-stock companies, with paid-up capital of no less than 750,000 euros and established with this specific corporate purpose, whose financial statements must be accompanied by the report drawn up by an auditing company registered in the register established at the Ministry of justice pursuant to article 2409-bis of the civil code. 3. Possession of the requirements referred to in paragraph 2 must be proven by means of a prior certified notification of commencement of activity, drawn up by the legal representatives of the company and transmitted, pursuant to article 19 of law 7 August 1990, n. 241, to the Ministry of Business and Made in Italy. 4. Economic operators active in the sector of issuing meal vouchers based in other countries of the European Union can carry out the activity if authorized to do so according to the rules of the Country of origin. 5. The assignment of the services referred to in this article takes place exclusively with the criterion of the most economically advantageous offer identified on the basis of the best quality/price ratio. The tender notice establishes the relevant offer evaluation criteria, including: a) the discount on the nominal value of the meal voucher; b) the network of establishments to be affiliated with, with specific valorisation, when assigning points or of the weights, of the qualitative characteristics that characterize the substitute canteen service offered by the selected network of establishments; c) the unconditional discount towards merchants, in an amount not exceeding 5 percent of the nominal value of the meal voucher. This unconditional discount also remunerates any additional service offered to merchants; d) the payment terms to affiliated businesses; e) the technical project. 6. Annex II.17 identifies the establishments where the substitute canteen service can be provided, the characteristics of the meal vouchers and the content of the agreements stipulated between the companies issuing the vouchers and the holders of the eligible exercises. In the case of electronic meal vouchers, affiliated businesses are guaranteed a single payment terminal. Upon first application of the code, Annex II.17 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law no. 23 August 1988. 400, with decree of the Minister of Business and Made in Italy, in agreement with the Minister of Infrastructure and Transport, which replaces it entirely also as an annex to the code. 7. For the purposes of owning the network of businesses through which the substitute canteen service is carried out, possibly requested as a participation or award criterion, it is sufficient for the economic operator to undertake the commitment to activate the network itself within a suitable period from the moment of the award, set in the tender. Failure to activate the requested network within the indicated deadline will result in the forfeiture of the award. 8. The contracting authorities that purchase the meal vouchers, the issuing companies and the affiliated businesses allow, each in the exercise of their respective contractual activity and obligations of its own relevance, the usability of the meal voucher for the entire nominal value. EFFECTIVE FROM: 1 July 2023

  • TITLE III - CONTRACTS IN THE CULTURAL HERITAGE SECTOR.


  • Article 132. Common rules applicable to contracts in the cultural heritage sector.

    1. The provisions of this Title dictate the regulations relating to contracts concerning cultural heritage protected pursuant to the cultural heritage and landscape code referred to in Legislative Decree 22 January 2004, n. 42, as well as relating to the execution of archaeological excavations, including underwater ones. Unless otherwise provided, the relevant provisions of the code apply. 2. In consideration of the specificity of the sector pursuant to Article 36 of the Treaty on the Functioning of the European Union, the institution of pooling, referred to in article 104. EFFECTIVE FROM: 1 July 2023
  • Article 133. Qualification requirements.

    1. For the works referred to in this Title, the qualification requirements of the executors and technical directors, as well as the levels and contents of the design and the testing methods are identified in Annex II.18. Upon first application of the code, Annex II.18 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law no. 23 August 1988. 400, by decree of the Minister of Culture, in agreement with the Minister of Infrastructure and Transport, which replaces it entirely also as an annex to the code. EFFECTIVE FROM: 1 July 2023
  • Article 134. Free contracts and special forms of partnership.

    1. For all activities aimed at the protection and enhancement of cultural heritage, the administration may stipulate free contracts, pursuant to Article 8, paragraph 1, of the code, without prejudice to the provisions of the administration responsible for their protection in order to the planning and execution of the works and supplies and to the management of the works and their testing. 2. To ensure the enjoyment of the nation's cultural heritage and also encourage scientific research applied to its protection or valorisation, the State , the regions and territorial bodies can, with the human, financial and instrumental resources available under current legislation, activate special forms of partnership with public bodies and bodies and with private entities, aimed at allowing the recovery, restoration, scheduled maintenance, the management, opening to public use and valorisation of cultural assets, through simplified procedures for identifying the private partner similar to or additional to those provided for in Article 8. 3. The provisions of Article 106 remain unchanged, paragraph 2-bis, of the cultural heritage and landscape code, pursuant to legislative decree 22 January 2004, n. 42. 4. The awarding of contracts for the sponsorship of works, services or supplies for amounts exceeding 40,000 euros, through the donation of money or the assumption of debt, or other methods of assuming the payment of the amounts due, including those relating to cultural heritage as well as sponsorship contracts aimed at supporting cultural institutions and places, referred to in article 101 of the cultural heritage and landscape code, pursuant to legislative decree 22 January 2004, n. 42, of the lyric-symphonic foundations and traditional theatres, is subject exclusively to the prior publication on the website of the contracting authority, for at least thirty days, of a specific notice, which makes known the search for sponsors for specific interventions, or we communicate the receipt of a sponsorship proposal, briefly indicating the content of the proposed contract. Once the period of publication of the notice has passed, the contract can be freely negotiated, provided that the principles of impartiality and equal treatment between operators who have expressed interest are respected, without prejudice to compliance with articles 66, 94, 95, 97 and 100 regarding the verification of the requirements of the executors and the qualification of the economic operators. In the event that the sponsor intends to carry out the works, provide the services or supplies directly at its own expense and care, the need to verify the possession of the requirements of the executors remains, in compliance with the European principles and limits on the matter and do not find application of national and regional provisions regarding public contracts for works, services and supplies, with the exception of those on the qualification of designers and executors. The contracting authority and the administration responsible for the protection of cultural heritage issue appropriate provisions regarding the design, execution of the works or supplies and the management of the works and testing of the same. EFFECTIVE FROM: 1 July 2023

  • TITLE IV - RESEARCH AND DEVELOPMENT SERVICES


  • Article 135. Research and development services.

    1. With regard to research and development services, the provisions of the code apply exclusively to contracts relating to the services referred to in Annex II.19, provided that: a) the results belong exclusively to the contracting authority, to be destined for the 'exercise of its activity; b) the provision of the service is fully paid by the contracting authority. 2. The contracting authorities may resort, in application of the principles referred to in articles 1, 2 and 3, to pre-commercial public procurement, which comply with the conditions of letters a) and b) of paragraph 1, when: a) they are intended for the achievement of results which do not belong exclusively to the contracting authority, which uses them in the exercise of its activity; b) the provision of the service is not fully paid by the contracting authority; c) the need cannot be satisfied by using solutions already available on the market. 3. Upon first application of the code, the annex referred to in paragraph 1 is repealed starting from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law 23 August 1988, n. 400, with decree of the Minister of University and Research in agreement with the Minister of Business and Made in Italy, which replaces it entirely also as an annex to the code. EFFECTIVE FROM: 1 July 2023

  • TITLE V - CONTRACTS IN THE DEFENSE AND SECURITY SECTOR; CLASSIFIED CONTRACTS


  • Article 136. Defense and security.

    1. The provisions of the code apply to contracts awarded in the defense and security sectors, with the exception of contracts: a) which fall within the scope of application of Legislative Decree 15 November 2011, n. 208; b) to which legislative decree no. does not apply either. 208 of 2011, by virtue of article 6 of the same decree. 2. The application of the code is in any case excluded for public procurement and design competitions, when the protection of the essential security interests of the State cannot be guaranteed through suitable measures and also aimed at protecting the confidentiality of the information that contracting authorities make available in a contract award procedure. 3. To the awarding of concessions in the defense and security sectors, pursuant to Legislative Decree no. 208 of 2011, Book IV of the code applies except for concessions relating to hypotheses to which Legislative Decree no. does not apply either. 208 of 2011 by virtue of article 6 of the same decree. 4. For the contracts referred to in this article as well as for the interventions to be carried out in Italy and abroad as a result of international, multilateral or bilateral agreements, and 58also for the economic work carried out by the troops and departments of the Military Engineers for which the amount limits referred to in Article 14 do not apply, Annex II.20 applies. Upon first application of the code, Annex II.20 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, by decree of the Minister of Defence, adopted in concert with the Minister of Infrastructure and Transport, which replaces it entirely also as an annex to the code. 5. For purchases made abroad by the defense administration, relating to machinery, instruments and precision objects, which can be supplied, with the required technical requirements and degree of perfection, only by foreign economic operators, advances of an amount not exceeding one third of the total amount of the contract price may be granted, subject to the provision of suitable guarantee. EFFECTIVE: July 1, 2023
  • Article 137. Mixed contracts concerning defense and security aspects.

    1. To mixed contracts having as their object contracts or concessions falling within the scope of application of the code as well as contracts governed by Article 346 of the Treaty on the Functioning of the European Union or by Legislative Decree 15 November 2011, n. 208, the following provisions apply. 2. If the different parts of a specific contract or concession are objectively separable, paragraphs 3 to 5 apply. If they are not separable, paragraph 6 applies. 3. If contracting authorities choose to award a separate contract or concession for the separate parts, the legal regime applicable to each such separate contract shall be determined based on the characteristics of the separate part. 4. If contracting authorities choose to award a contract single contract or a single concession, the relevant legal regime is determined on the basis of the following criteria: a) if a part of the contract or concession is governed by Article 346 of the Treaty on the Functioning of the European Union, the single contract or the single concession can be awarded without applying the code or legislative decree no. 208 of 2011, provided that the respective awards are justified by objective reasons; b) if a part of a contract or concession is governed by legislative decree no. 208 of 2011, the single contract or the single concession can be awarded in accordance with this decree, provided that the respective awards are justified by objective reasons. The thresholds and exclusions provided for by the same legislative decree no. are reserved. 208 of 2011. 5. The decision to award a single contract or a single concession cannot be adopted with the aim of excluding the application of the code or legislative decree no. 208 of 2011. 6. If the different parts of a contract or concession are objectively non-separable, the contract or concession may be awarded without applying the code where it includes elements to which Article 346 of the Operational Treaty applies of European Union; otherwise it can be awarded in accordance with legislative decree no. 208 of 2011. EFFECTIVE FROM: 1 July 2023
  • Article 138. Contracts and design competitions awarded or organized according to international standards.

    1. The code does not apply to public procurement and design competitions and to defense or security concessions referred to in Legislative Decree 15 November 2011, n. 208, if they are governed by: a) specific procedural rules on the basis of an international agreement or understanding concluded in accordance with the treaties of the European Union, between the State and one or more third countries or related articulations and concerning works, supplies or services intended for the joint implementation or joint management of a project; (b) specific procedural rules on the basis of an international agreement or understanding in relation to the presence of troops stationed and concerning undertakings of a Member State or a country third; (c) specific procedural rules of an international organization in the case of procurement; (d) specific procedural rules of an international organization procuring for its own purposes or concessions to be awarded by a Member State in accordance with those normative. 2. The agreements or understandings referred to in paragraph 1, letter a), relating to procurement are communicated to the European Commission. 3. The Code does not apply to public contracts and design competitions relating to defense or security aspects which the contracting authority awards on the basis of procurement rules established by an international organization or an international financing institution, when the public procurement and design competitions in question are entirely financed by that organization or institution. In the case of public procurement and design competitions co-financed predominantly by an international organization or an international financing institution, the parties shall agree on the applicable procurement procedures. EFFECTIVE FROM: 1 July 2023
  • Article 139. Secret contracts.

    1. The provisions of the code relating to award procedures may be derogated from: a) for contracts whose object, deeds or methods of execution are assigned a secrecy classification; b) for contracts whose execution must be accompanied by special safety measures, in compliance with legislative, regulatory or administrative provisions. 2. For the purposes of the derogation referred to in paragraph 1, letter a), the contracting authorities assign, with a reasoned provision, the secrecy classifications pursuant to article 42 of law 3 August 2007, n. 124, or other regulations in force, giving account of the specific causes that justify the stipulation of a secret contract, with particular regard to the conditions envisaged for each classification. For the purposes of the exemption referred to in paragraph 1, letter b), the contracting authorities declare, with a reasoned provision, the works, services and supplies that can be carried out with special safety measures identified in the aforementioned provision, specifying the causes that require such measures. 3. The contracts referred to in paragraph 1 are executed by economic operators in possession of the requirements established by the code, as well as security clearance, pursuant to and within the limits set out in article 42, paragraph 1-bis, of law 3 August 2007, n. 124. 4. The assignment of the contracts referred to in this article takes place following an informal tender to which at least five economic operators are invited, if there are qualified subjects in this number in relation to the object of the contract and provided that the negotiation with more than one economic operator is compatible with the requirements of secrecy and security. 5. The Court of Auditors, through the Central Section for the control of classified contracts, exercises preventive control on the motivated measures referred to in paragraph 2, preventive control on the legitimacy and regularity of the contracts referred to in this article, as well as control over the regularity, correctness and effectiveness of management. The activity referred to in this paragraph shall be given an account by 30 June of each year in a report to the Parliamentary Committee for the Security of the Republic. EFFECTIVE FROM: 1 July 2023

  • TITLE VI - PROCEDURES IN CASES OF EXTREME URGENCY AND CIVIL PROTECTION


  • Article 140. Procedures in cases of extreme urgency and civil protection.

    1. In circumstances of extreme urgency which do not allow for any delay, upon the occurrence of unforeseen or unforeseeable events of damage or danger capable of causing concrete damage to public and private safety, or in the reasonable anticipation of the imminent occurrence of the same, whoever among the RUP or other technician of the competent administration goes to the site first and can order the immediate execution of the works within the limit of 500,000 euros or what is indispensable to remove the state of prejudice to public and private safety. Under the same conditions, the subject referred to in the previous period can arrange for the immediate acquisition of services or supplies within the limit of what is indispensable to remove the state of prejudice to public and private safety and, in any case, within the limits of the European threshold. The person who orders, pursuant to this paragraph, the immediate execution of works or the immediate acquisition of services or supplies draws up, at the same time, a report in which the description of the circumstance of extreme urgency, the causes that led to it are indicated caused and the works, services and supplies to be implemented to remove it. 2. The execution of the works and the acquisition of extremely urgent services and supplies can be entrusted directly and in derogation of the procedures referred to in the articles 37 and 41 of the code to one or more economic operators identified by the RUP or another technician of the competent administration. 3. The fee for the services ordered is defined by mutual agreement with the contractor; in the absence of a prior agreement, the RUP may order the contractor to carry out supplies, services or processes or to supply materials on the basis of prices defined through the use of official reference price lists, reduced by 20 percent. The prices referred to in the first period, if relating to the execution of works, are in any case admitted into the accounting and, if relating to the acquisition of supplies and services, are attached to the minutes and signed by the economic operator; where the executor does not enter a reservation in the accounting documents, the prices are considered definitively accepted. 4. The RUP or other technician of the competent administration compiles an appraisal justifying the services requested within ten days of the execution order and sends it, together to the emergency report, to the contracting authority which covers the expense and approves the assigned service. If the competent administration is a local authority, the coverage of the expenditure is ensured in the manner provided for in articles 191, paragraph 3, and 194 paragraph 1, letter e), of the consolidated text of the laws on the organization of local authorities, of which to the legislative decree of 18 August 2000, n. 267. 5. If a service, a supply, a work or a job, ordered for reasons of extreme urgency, does not obtain the approval of the competent administrative body, the related execution is suspended immediately and we proceed, subject to in the safety of the construction site in the event of works, to the suspension of the service and to the payment of the fees due for the part completed. 6. For the purposes of this article, the occurrence of the events referred to in article 7 also constitutes a circumstance of utmost urgency. of the civil protection code, pursuant to legislative decree 2 January 2018, n. 1, or the reasonable prediction of the imminent occurrence of the same, which requires the adoption of indelayable measures, within the limits of what is strictly necessary. The circumstance of extreme urgency, in such cases, is considered persistent until the harmful or dangerous situations for public or private safety deriving from the event are eliminated, and in any case for a period not exceeding fifteen days from the onset of the event, or within the deadline established by any declaration of the state of emergency referred to in Article 24 of the code referred to in Legislative Decree no. 1 of 2018; in such circumstances and within the same time limits, the contracting authorities may award public contracts for works, services and supplies with the procedures provided for in this article. 7. If the awarding procedures are adopted in conditions of extreme urgency provided for in this article, as well as, limited to civil protection emergencies, the procedures referred to in article 76, paragraph 2, letter c), and there is an urgent need to ensure the timely execution of the contract, the assignees declare, by self-certification, made pursuant to of the consolidated text of the legislative and regulatory provisions regarding administrative documentation, referred to in the decree of the President of the Republic of 28 December 2000, n. 445, the possession of the participation requirements required for the awarding of contracts of equal amount through the ordinary procedure. The contracting authority checks possession of the requirements within a reasonable timeframe, compatible with the management of the ongoing emergency situation and in any case not exceeding sixty days from the award. The contracting authority gives an account, with adequate justification, in the first act following the checks carried out, of the existence of the relevant conditions; in any case it is not possible to proceed with payment, even partial, in the absence of the relevant checks with a positive outcome. If, following the check, the assignment to an operator without the aforementioned requirements is ascertained, the contracting authority withdraws from the contract, without prejudice to the payment of the value of the services performed and the reimbursement of any expenses incurred for the execution of the remaining part , within the limits of the benefits achieved, and proceeds with reporting to the competent authorities. 8. Exceptionally, to the extent strictly necessary, direct assignment may also be authorized above the limits referred to in paragraph 1, for a period of time limited, in any case not exceeding thirty days and only for individual specific cases which cannot be postponed and within the maximum amount limits established in the provisions referred to in paragraph 2 of article 24 of the code referred to in Legislative Decree no. 1 of 2018. Direct awarding for the reasons referred to in this article is in any case not permitted for works contracts of an amount equal to or greater than the European threshold and for service and supply contracts of an amount equal to or greater than three times the European threshold. 9. Limited to public contracts for supplies and services referred to in paragraphs 3 and 6, for an amount equal to or greater than 140,000 euros, for which lists of prices defined through the use of official reference price lists are not available, when the times made necessary by the circumstance of extreme urgency do not allow the use of ordinary procedures, the contractors undertake to provide the services and supplies requested at a provisional price established by mutual agreement between the parties and to accept the definitive determination of the price following a specific evaluation of congruity. 10. The documents relating to the assignments referred to in this article are published on the institutional website of the institution, with specific indication of the assignee, the methods of choice and the reasons which did not allow the use of ordinary procedures. At the same time, and in any case within a reasonable deadline compatible with the management of the emergency situation, they are sent to the ANAC for the relevant checks, without prejudice to the legitimacy checks on the acts provided for by the regulations in force. 11. On the occasion of events for the which state of emergency of national importance is declared pursuant to Article 24 of the code referred to in Legislative Decree 2 January 2018, n. 1, without prejudice to the right to provide for further derogatory measures permitted within the provisions adopted pursuant to Article 25 of the same code referred to in Legislative Decree no. 1 of 2018, public contracts for works, supplies and services may be awarded in derogation of the following provisions of this code: a) article 14, paragraph 12, letter a), to allow the autonomous determination of the estimated value of contracts for the acquisition of homogeneous and similar goods and services, characterized by regularity, to be renewed periodically within the emergency period; b) article 15, paragraph 2, first sentence, relating to the necessary identification of the RUP among the employees of the contracting station or of the granting body, to allow the contracting stations, where strictly necessary, to identify the RUP among suitable subjects even outside the same contracting authorities, provided they are permanent employees of other public entities or bodies; c) article 37, relating to the necessary prior planning of the works and purchases of goods and services, to allow the contracting authorities to award the contract even in the absence of prior planning of the related intervention; d) article 49, to allow contracting authorities to simplify the award procedure and adapt its timing to the needs of the emergency context, in compliance with the general principles of the legal system and the rules of the European Union; e) article 108, paragraphs 1, 2, 3, 4, 6, 7, 8, 11, to allow the general use of the lowest price criterion. 12. Without prejudice to the provisions of this article for contracts awarded in extreme urgency, on the occasion of emergency events referred to in article 7, paragraph 1, letters b) and c), of the code referred to in legislative decree no. 1 of 2018, for which a regional or national state of emergency has been declared pursuant to Article 24 of the aforementioned code, or in the reasonable anticipation of their imminent occurrence, even in the absence of the provision referred to in Article 23 of the aforementioned code: a) the amounts referred to in article 50, paragraph 1, of this code are doubled, within the limits of the thresholds referred to in article 14, for the works, services and supplies contracts referred to in article 25 , paragraph 2, letters a), b) and d), of the code referred to in Legislative Decree no. 1 of 2018; b) the time limit referred to in paragraph 4 of this article is established as thirty days; c) coverage of the expenditure referred to in paragraph 4 of this article can be ensured, in derogation of the provisions of articles 191, paragraph 3, and 194 paragraph 1, letter e), of the consolidated text referred to in Legislative Decree no. . 267 of 2000: 1) for events of national importance, within the financial resources made available in relation to the specific emergency context and with the procedures provided for in the provisions referred to in Article 25 of the code referred to in Legislative Decree no. 1 of 2018; 2) for events of regional importance, within the financial resources made available in relation to the specific emergency context and with the procedures envisaged by the regional regulations adopted in implementation of article 24, paragraph 9, of the code of referred to in Legislative Decree no. 1 of 2018 or in another suitable regional provision; d) the competent administration is identified in the implementing body, where identified, referred to in paragraph 6 of article 25 of the code referred to in legislative decree no. 1 of 2018. EFFECTIVE FROM: 1 July 2023 (from 2 June 2023 for post-flood interventions see “Flood Decree” DL 61/2023 art. 19)

  • BOOK III - OF PROCUREMENT IN SPECIAL SECTORS PART I GENERAL PROVISIONS


  • Article 141. Scope and applicable rules.

    1. The provisions of this Book apply to contracting authorities or granting bodies that carry out one of the activities envisaged by articles 146 to 152. The provisions of this Book also apply to other entities that include among their activities one or more among those provided for in articles 146 to 152 and operate by virtue of special or exclusive rights. 2. Public companies and entities holding special or exclusive rights apply the provisions of this Book only for contracts that are instrumental from a functional to one of the activities envisaged by articles 146 to 152. 3. In addition to its provisions, the following apply to the contracts referred to in this Book: a) Book I, Part I, Title I, except article 6; b) in the context of Book I, Part I, Title II, Articles 13, 14, 16, 17 and 18. Article 15 applies only to contracting authorities and granting entities which are contracting authorities; c) Book I, Part II; d) within the framework of Book I, Part IV, articles 41, 42, 43, 44, 45 and 46; e) within the framework of Book II, Part II, articles 57 , 60 and 61; f) within the framework of Book II, Part III, Title I, article 64; g) within the framework of Book II, Part III, Title II; h) within the Book II, Part V, Title IV, Chapter II applies within the limits set out in articles 167, 168 and 169; i) within the scope of Book II, Part VI, articles 113, 119, 120 and 122. 4. Public companies and entities holding special or exclusive rights have the right to adopt their own acts, with which they can preventively: a) establish and manage qualification systems for economic operators; b) provide a regulation for adapting the functions of the RUP to its organisation; c) specify the notion of variant during construction according to the specific needs of the market to which it belongs and the characteristics of each sector, in compliance with the principles and rules of European Union law. 5. The contracting authorities or granting bodies may determine the size of the subject of the contract and the lots into which it may be divided, without the obligation of aggravated justification and taking into account the needs of the special sector in which they operate. In the case of subdivision into lots, the contracting authorities or granting bodies indicate in the tender notice, in the invitation to confirm interest or, when the means of calling for tenders is a notice on the existence of a qualification system, in the invitation to submit offers or negotiate, if offers can be submitted for one, for several or for all lots. EFFECTIVE FROM: 1 July 2023
  • Article 142. Joint ventures and assignments to associated companies.

    1. The provisions of the code do not apply, when the conditions referred to in paragraph 3 apply, to contracts awarded: a) by a joint venture, composed exclusively of several contracting authorities or granting bodies to carry out one or more of the activities referred to to Articles 146 to 152 and Annex II to Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 to one of those contracting authorities or granting entities; b) by a contracting authority or awarding entity to the joint venture of which it is part. 2. The provisions of the code also do not apply, if the conditions referred to in paragraph 4 apply, to contracts awarded: a) by a contracting authority or granting body to an associated company ; b) by a joint venture, composed exclusively of several contracting authorities or granting entities to carry out the activities referred to in articles 146 to 152, to an enterprise linked to one of these contracting authorities or granting entities. 3. The non-applicability referred to in paragraph 1 operates on condition that the joint venture has been established for the performance of the activities entrusted for a period of at least three years and that the deed of incorporation provides that the contracting authorities or granting bodies that compose it are part of it for a period of the same duration. 4. The non-applicability referred to in paragraph 2 applies to contracts and concessions for services and works and for supply contracts, provided that at least 80 percent of the total turnover achieved on average by the connected company in the last three years, taking into account all the works, services and supplies provided, comes from the services rendered to the contracting authority or to the granting body or to the other companies to which it is connected. 5. If, due to the date of establishment or commencement of activity of the related enterprise, the turnover for the last three years is not available, it is sufficient for the enterprise to demonstrate, on the basis of business projections, that it is likely to achieve the expected turnover in paragraph 4. 6. If several companies connected to the contracting authority or to the granting body with which they form an economic group provide the same or similar services, supplies or works, the percentages are calculated taking into account the total turnover deriving from the performance of the services or the execution of the works, for each of these connected companies. 7. At the request of the European Commission, the contracting authorities and granting entities shall communicate: a) the names of the companies or joint ventures involved; b) the nature and value of the contracts considered; c) the elements that the European Commission requires to prove that the relationships between the contracting authority or the granting body and the company or joint venture to which the contracts are awarded satisfy the requirements set out to this article. EFFECTIVE: July 1, 2023
  • Article 143. Activities directly exposed to competition.

    1. The provisions of the code do not apply to contracts to carry out an activity referred to in articles 146 to 152 if the activity is directly exposed to competition on freely accessible markets. The activity may form part of a larger sector or be carried out only in certain parts of the national territory. 2. The assessment of exposure to competition for the purposes of paragraph 1 is carried out by the European Commission, taking into account the market of activities in question and the geographical market of reference, pursuant to paragraphs 3 and 4. The application of competition legislation remains unaffected. 3. For the purposes of paragraphs 1 and 2, to determine whether an activity is directly exposed to competition criteria compliant with the provisions of the Treaty on the Functioning of the European Union in matters of competition are taken into account, including the characteristics of the products or services concerned, the existence of alternative products or services considered substitutable on the demand or supply side , prices and the actual or potential presence of multiple suppliers of the products or services in question. 4. The geographical reference market, on the basis of which exposure to competition is assessed, is made up of the territory where the companies involved operate in the supply and demand of products and services, and in which the conditions of competition are sufficiently homogeneous. It can be distinguished from neighboring territories, in particular by conditions of competition that are significantly different from those that prevail in those territories. The assessment shall take into account, in particular, the nature and characteristics of the products or services in question, the existence of barriers to entry or consumer preferences, as well as the existence of significant differences in terms of market shares of the undertakings or substantial differences in prices. 5. For the purposes of paragraph 1, freely accessible markets are those indicated in Annex III to Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014, for which the implementing measures have been adopted. If free access to a market cannot be presumed on the basis of the first sentence, it must be demonstrated that access to the market in question is free in fact and in law. 6. When, on the basis of the conditions referred to in paragraphs 3, 4 and 5, it is believed that a certain activity is directly exposed to competition on freely accessible markets, the President of the Council of Ministers, in agreement with the Minister responsible for the sector , may request the European Commission to establish that the provisions of the code do not apply to the awarding of contracts or the organization of design competitions for the pursuit of the activity in question, as well as to concessions; the Commission is informed of all relevant circumstances, in particular of the legislative, regulatory or administrative provisions or agreements in relation to compliance with the conditions referred to in paragraph 1, as well as any decisions taken in this regard by the competent independent authorities. The request may concern activities carried out in a broader sector or in certain parts of the national territory, if necessary attaching the position adopted by the competent independent Authority. 7. Contracting authorities and granting bodies may ask the European Commission to establish the applicability of paragraph 1 to a specific activity. Unless the request is accompanied by a reasoned and justified position, adopted by the competent independent authority, which illustrates in depth the conditions for the possible applicability of paragraph 1, following the information given by the Commission regarding the request, the The authority referred to in paragraph 6 communicates to the Commission the circumstances indicated in the aforementioned paragraph 1. 8. The provisions of the code no longer apply to the contracts referred to in paragraph 1 if the European Commission: a) has adopted an implementing act which establishes the applicability of paragraph 1 within the deadline set by Annex IV of Directive 2014/25/EU; b) has not adopted the implementing act within the deadline set by the Annex referred to in letter a). 9 The request presented pursuant to paragraphs 6 and 7 may be modified, with the consent of the European Commission, in particular with regard to the activities or geographical area involved. In this case, for the adoption of the implementing act referred to in paragraph 8, a new deadline applies, calculated pursuant to paragraph 1 of Annex IV of Directive 2014/25/EU, unless the European Commission agrees on a shorter term with the Authority or the contracting station or the granting body that submitted the request. 10. If an activity is already the subject of a procedure pursuant to paragraphs 6, 7 and 9, further requests regarding the same activities, received by the European Commission before the deadline for the first application expires, are not considered as new procedures and are examined in the framework of the first request. EFFECTIVE FROM: 1 July 2023
  • Article 144. Contracts awarded for the purpose of resale or rental to third parties.

    1. The provisions of the code do not apply to contracts awarded for the purpose of resale or rental to third parties, when the contracting authority or the granting body does not enjoy any special or exclusive right for the sale or rental of the object of such procurement and when other entities can freely sell or rent it under the same conditions as the contracting authority or the granting body. 2. The contracting authorities or granting bodies shall communicate to the European Commission, upon request, all categories of products or activities which they consider excluded by virtue of paragraph 1, within the terms indicated by it, highlighting in the communication which information is of a sensitive commercial nature. 3. The provisions of the code do not apply to the categories of products or activities covered by the contracts referred to in paragraph 1 considered excluded by the European Commission by act published in the Official Journal of the European Union. EFFECTIVE FROM: 1 July 2023
  • Article 145. Activities carried out in third countries.

    1. The provisions of the code do not apply to contracts awarded by contracting authorities or granting bodies for the exercise of the activities referred to in articles 146 to 152 in a third country, in circumstances that do not involve the material exploitation of a network or of a geographical area within the European Union. 2. The contracting authorities or granting bodies shall communicate to the European Commission, upon request, all the categories of activities which they consider excluded pursuant to paragraph 1, within the terms indicated by it , highlighting in the communication which information is of a sensitive commercial nature. 3. The provisions of the code do not apply in any case to the categories of activities covered by the contracts referred to in paragraph 1 considered excluded by the European Commission in lists published periodically in the Official Journal of the European Union . EFFECTIVE FROM: July 1, 2023
  • Article 146. Gas and thermal energy.

    1. The awarding of contracts relating to the gas and thermal energy sectors is subject to the application of the provisions of the code exclusively for the activities: a) provision or management of fixed networks intended for the provision of a service to public in connection with the production, transport or distribution of gas or thermal energy; (b) the supply of such networks with gas or thermal energy, including generation, production and wholesale or retail sale. 2. The supply, with gas or thermal energy, of fixed networks providing a service to the public, by a public company or by a person holding special or exclusive rights, is not considered an activity referred to in paragraph 1 if the following conditions concur: a) the production of gas or thermal energy it is the inevitable result of the exercise of an activity not foreseen by paragraph 1 or by articles 147 to 149; b) the supply of the public network aims only to economically exploit this production and corresponds, at most, to 20 per cent percent of the organisation's turnover, considering the average of the last three years, including the current year. 3. Contracts stipulated for the supply of energy and fuels intended for the production of energy from contracting authorities or granting bodies that carry out the activities referred to in paragraph 1. EFFECTIVE FROM: 1 July 2023
  • Article 147. Electricity.

    1. The awarding of contracts relating to the electricity sector is subject to the application of the provisions of the code exclusively for the activities: a) provision or management of fixed networks intended for the provision of a service to the public in connection with the production, transport or distribution of electricity; (b) the supply of such networks with electricity, including the generation, production and wholesale or retail sale. 2. The supply, with electricity , of fixed networks that provide a service to the public by a public company or a person holding special or exclusive rights, is not considered an activity referred to in paragraph 1 if the following conditions concur: a) the production of electricity occurs because its consumption is necessary for the exercise of an activity not provided for by paragraph 1 or by articles 146, 148 and 149; b) the power supply to the public network depends only on the entity's own consumption and does not exceed the 30 percent of its total production, considering the average of the last three years, including the current year. EFFECTIVE FROM: 1 July 2023
  • Article 148. Water.

    1. The awarding of contracts relating to the water sector is subject to the application of the provisions of the code exclusively for the activities: a) provision or management of fixed networks intended for the provision of a service to the public in connection with production , the transport or distribution of drinking water; b) the supply of such networks with drinking water, including the generation, production and wholesale or retail sale. 2. The supply, with drinking water, of fixed networks that provide a service to the public by a public company or a person holding special or exclusive rights is not considered an activity referred to in paragraph 1 if the following conditions concur: a) the production of drinking water occurs because its consumption is necessary for the exercise of an activity not covered by articles 146 to 149; b) the supply of the public network depends only on the entity's own consumption and does not exceed 30 percent of its production total, considering the average of the last three years, including the current year. 3. The provisions of the code apply to contracts or design competitions awarded or organized by contracting authorities or granting bodies that carry out an activity referred to in paragraph 1 when they concern: a) hydraulic engineering, irrigation or drainage projects, in which the volume of water intended for drinking water supply represents more than 20 percent of the total volume of water made available by such projects or systems ; b) disposal or treatment of waste water. 4. Contracts for the purchase of water are excluded from the application of the provisions of the code, if awarded by contracting authorities or granting bodies that carry out one or both of the activities referred to in paragraph 1. 5. Concessions awarded to supply or manage fixed networks intended for the provision of a public service in connection with the production, transport or distribution of drinking water or to supply such networks are excluded from the application of the provisions of the code. with drinking water. 6. Concessions which are connected to one of the activities of paragraph 5 and concern: a) hydraulic engineering, irrigation, drainage projects, in which the volume of water intended for drinking water supply represents more than 20 percent of the total volume of water made available by such projects or facilities; (b) disposal or treatment of waste water. EFFECTIVE: 1 July 2023
  • Article 149. Transport services.

    1. The provisions of the code apply to activities relating to the provision or management of networks intended to provide a service to the public in the field of rail, tram, trolleybus, bus, automatic systems or cable transport. 2. In services transport, a network is considered to exist if the service is provided according to the operational requirements established by the competent public authorities, such as those relating to the routes to be served, the available transport capacity or the frequency of the service. 3. The provisions of the code do not apply for the awarding of contracts concerning public passenger transport services by rail or subway. 4. Concessions for air transport services on the basis of a management license pursuant to the regulation (EC) no. 1008/2008 of the European Parliament and of the Council of 24 September 2008 and concessions for public passenger transport services pursuant to Regulation (EC) no. 1370/2007 of the European Parliament and of the Council of 23 October 2007. EFFECTIVE FROM: 1 July 2023
  • Article 150. Ports and airports sector.

    1. The provisions of the code apply to activities relating to the exploitation of a geographical area for the provision of airports, sea or inland ports and other transport terminals to air, sea and river carriers. EFFECTIVE FROM: 1 ° July 2023
  • Article 151. Postal services sector.

    1. The provisions of the code apply to activities relating to the provision of: a) postal services; b) other services, other than postal ones, when they are provided by an entity that also provides postal services and provided that the latter do not concern activities directly exposed to competition on freely accessible markets, pursuant to article 143. 2. For the purposes of the code and without prejudice to the provisions of Legislative Decree 22 July 1999, n. 261 means: a) «postal item»: an item addressed in its definitive form at the moment in which it is taken over, regardless of its weight, which has as its object correspondence, books, catalogues, newspapers, periodicals and postal parcels containing goods with or without commercial value; (b) 'postal services': services consisting in the collection, sorting, transport and distribution of postal items, including both services falling within the scope of application of the universal service established pursuant to Directive 97/67 /EC of the European Parliament and of the Council of 15 December 1997, and of those which are excluded from it; c) «other services other than postal services»: the management services of postal services, before sending and after sending , including mail sorting services, and shipping services other than those referred to in letter a), such as the shipping of unaddressed advertising items. EFFECTIVE FROM: 1 July 2023
  • Article 152. Gas extraction and exploration or extraction of coal or other solid fuels.

    1. The provisions of the code apply to activities relating to the exploitation of a geographical area, for the following purposes: a) oil extraction, extraction or production of gas; b) exploration or extraction of coal or other solid fuels. 2. Activities relating to the exploitation of a geographical area for the purposes of oil and natural gas exploration, as well as oil production, remain excluded from the application of the provisions of the code, as they are activities directly exposed to competition on freely accessible. EFFECTIVE FROM: July 1, 2023

  • PART II - OF THE CONTRACTOR'S CHOICE PROCEDURES


  • Article 153. Applicable rules.

    1. With reference to the procedures for choosing the contractor, the contracting authorities or granting bodies in the special sectors apply the following articles: a) article 71, except that the provision on the pre-information notice is intended to refer to the periodic notice indicative referred to in Annex II.6, Part II; b) article 74, except that, in the competitive dialogue held within the special sectors, any economic operator may request to participate in response to a call for competition pursuant to article 155, paragraph 3, letters b) and c ), providing the information requested by the contracting authority or the granting body; the minimum deadline for receiving requests to participate is normally set at no less than thirty days from the date of transmission of the tender notice or, if a periodic indicative notice is used as a means of calling for tenders, of the invitation to tender confirm interest, and cannot in any case be less than fifteen days; c) articles 70, paragraph 6, and 75, except that, in innovation partnerships announced within the special sectors, any economic operator may submit a request to participate in response to a call for competition, pursuant to of article 155, paragraph 3, letters b) and c), submitting the information requested by the contracting authority or the granting body; the minimum deadline for receiving requests to participate is normally set at no less than thirty days from the date of transmission of the tender notice and cannot in any case be less than fifteen days; d) articles 77, 78, 79 and 80; e) Article 85, except that the provision on the prior information notice is intended to refer to the periodic indicative notice. EFFECTIVE FROM: 1 July 2023
  • Article 154. Framework agreements.

    1. In the assignments referred to in this Book, the contracts based on a framework agreement are awarded on the basis of objective rules and criteria which may provide for the reopening of the competitive comparison between the economic operators participating in the agreement. The rules and criteria are indicated in the tender documents for the framework agreement and guarantee equal treatment between the economic operators who are parties to the agreement. When the reopening of the competitive comparison is foreseen, the contracting authority or the granting body sets a sufficient deadline to allow the submission of offers relating to each specific contract and awards each contract to the tenderer who has submitted the best offer based on the award criteria established in the specifications of the framework agreement. The contracting authority or the granting body cannot use framework agreements to evade the application of the code or to hinder, limit or distort competition. EFFECTIVE FROM: 1 July 2023
  • Article 155. Types of procedures.

    1. For the award of public contracts, contracting authorities and granting bodies use open, restricted or negotiated award procedures preceded by a call for tenders, competitive dialogues or innovation partnerships, in accordance with the provisions of this Part. 2. Only in the cases provided for in Article 158, contracting authorities and granting bodies may use the negotiated procedure without publication of the notice. 3. The tender is announced with one of the following methods: a) a periodic indicative notice in accordance of Article 161, if the contract is awarded by restricted or negotiated procedure; (b) a notice on the existence of a qualification system in accordance with Article 162, if the contract is awarded by restricted or negotiated procedure or through a dialogue competitive or an innovation partnership; c) through a tender notice pursuant to article 163. 4. In the case referred to in paragraph 3, letter a), the economic operators who have expressed interest following the publication of the indicative periodic notice are subsequently invited to confirm your interest in writing, pursuant to Article 165. EFFECTIVE FROM: 1 July 2023
  • Article 156. Restricted procedure.

    1. In restricted procedures, any economic operator may submit a request to participate in response to a call for competition, providing the information requested by the contracting authority or granting body. The minimum deadline for receiving requests to participate is normally set at no less than thirty days from the date of transmission of the tender notice or the invitation to confirm interest and cannot in any case be less than fifteen days. 2. Only economic operators invited in this sense by the contracting authority or the granting body following the evaluation of the information provided submit an offer. Contracting authorities and granting entities may limit the number of suitable candidates to be invited to participate in the procedure in accordance with Article 70, paragraph 6. The deadline for the receipt of tenders may be set in agreement between the contracting authority or the awarding entity. grantor and all selected candidates, provided that they have an identical deadline to submit their offers. In the absence of an agreement on the deadline for receiving tenders, this shall not be less than ten days from the date of sending the invitation to tender. EFFECTIVE FROM: 1 July 2023
  • Article 157. Negotiated procedure with publication of a notice.

    1. In negotiated procedures with publication of a notice, any economic operator may submit a request to participate in response to a call for competition, providing the information requested by the contracting authority or the granting body. 2. The minimum deadline for the receipt of requests to participate is normally set at no less than thirty days from the date of transmission of the tender notice or, if a periodic indicative notice is used as a means of calling for tenders, from the date of the invitation to confirm interest and is not in no case less than fifteen days. 3. Only economic operators invited by the contracting authority or by the granting body following the evaluation of the information provided participate in the negotiations. Contracting stations and granting bodies may limit the number of suitable candidates to be invited to participate in the procedure in accordance with the provisions of article 169, paragraph 2. 4. The deadline for the receipt of offers may be set by agreement between the station contracting authority or the granting body and all selected candidates, provided that the latter have an identical deadline to draw up and submit their tenders. In the absence of an agreement on the deadline for receiving tenders, this shall not be less than ten days from the date of sending the invitation to tender. EFFECTIVE FROM: 1 July 2023
  • Article 158. Negotiated procedure without publication of a notice.

    1. Contracting authorities or granting bodies may award public contracts through a negotiated procedure without publication of a tender notice when the conditions set out in paragraph 2 are met, giving reasoned account thereof in the first act of the procedure in relation to the specific factual situation and the characteristics of the markets potentially affected and the dynamics that characterize them, and in compliance with the principles referred to in articles 1, 2 and 3. For these purposes, the results of any market consultations carried out, also aimed at analyzing the European markets, are taken into account or , if applicable, non-European. 2. Contracting authorities or granting bodies may resort to a negotiated procedure without a call for tenders in the following cases: a) when, in response to a procedure with publication of a notice, no no offer or any appropriate offer, nor any request to participate or any appropriate request to participate, provided that the initial conditions of the procurement are not substantially changed; an offer is not considered appropriate when it has no relevance to the contract and is therefore inadequate, unless substantially modified, to meet the needs of the contracting authority or granting body and the requirements specified in the tender documents; a request for participation is not considered appropriate when the economic operator concerned must or may be excluded or does not meet the selection criteria established by the contracting authority or the granting body pursuant to articles 95, 96 and 169, paragraph 2; b ) when a contract is intended only for research, experimentation, study or development purposes and not to make profitable or recover research and development expenses, provided that the award of the contract does not prejudice the calling for tenders for contracts subsequent ones which pursue, in particular, these objectives; c) when the works, services or supplies can be supplied only by a specific economic operator for one of the following reasons: 1) the purpose of the contract consists in the creation or acquisition of a unique work of art or artistic representation; 2) competition is absent for technical reasons. The exception set out in this number applies only when no reasonable substitutes or alternatives exist and the absence of competition is not the result of an artificial limitation of the contract parameters; 3) the protection of exclusive rights, including rights of intellectual property; the exception referred to in this number applies only when there are no reasonable substitutes or alternatives and the absence of competition is not the result of an artificial limitation of the parameters of the contract; d) to the extent strictly necessary when, for reasons of extreme urgency resulting from unforeseeable events by the contracting authority or the granting body, the deadlines established for open procedures, restricted procedures or negotiated procedures preceded by a call for tenders cannot be respected; the circumstances invoked to justify extreme urgency must in no case be attributable to the contracting authority or the granting body; e) in the case of supply contracts for complementary deliveries carried out by the original supplier and intended for the partial renewal of supplies or systems or the expansion of existing supplies or systems, if the change of supplier obliges the contracting authority or the granting body to purchase supplies with different technical characteristics, the use or maintenance of which would lead to incompatibility or disproportionate technical difficulties; f) for new works or services consisting in the repetition of similar works or services assigned to the operator to which the same contracting authorities or granting bodies have assigned a previous contract, provided that such works or services comply with a tender-based project and that this project has been the subject of an initial contract awarded according to a procedure referred to in article 155, paragraph 1; the tender project indicates the extent of any additional works or services and the conditions under which they will be awarded; the possibility of resorting to this procedure is indicated already at the time of calling the tender for the first project and the contracting authorities or granting bodies, when applying article 14, take into account the overall estimated cost for the subsequent works or services; g) for supplies quoted and purchased on the raw materials market; h) for opportunity purchases, when it is possible, in the presence of a particularly advantageous but short-lived opportunity, to purchase supplies whose price is significantly lower than prices normally charged on the market; i) for the purchase of supplies or services on particularly advantageous conditions from a supplier who definitively ceases commercial activity or from the liquidator in the event of insolvency proceedings, an agreement with creditors or similar procedures; l) when the service contract follows a design competition organized in accordance with the provisions of the code and is intended, based on the rules established in the design competition, to be awarded to the winner or one of the winners of that competition ; in this case, all the winners of the design competition are invited to participate in the negotiations. 3. Where possible, the contracting authorities identify the economic operators to be consulted on the basis of information regarding the economic and financial qualification characteristics and the technical and professional qualifications deduced from the market, in compliance with the principles of transparency and competition, selecting at least three economic operators, if suitable subjects exist among that number. The contracting authority chooses the economic operator who has offered the most advantageous conditions, pursuant to article 108, after verifying possession of the participation requirements required for the awarding of contracts of equal amount through an open, restricted or competitive procedure with negotiation. EFFECTIVE FROM: July 1, 2023

  • PART III - NOTICES, NOTICES AND INVITATIONS


  • Article 159. Digital availability of tender documents.

    1. Starting from the date of publication of a notice or from the date of sending an invitation to confirm interest, the tender documents are made available in digital form, free of charge, unlimited and directly. The notice and the invitation to confirm interest indicate the hyperlink where the tender documents are accessible. 2. When the means of calling a tender is a notice on the existence of a qualification system, such access is permitted as quickly as possible and in any case no later than the time of the invitation to submit an offer or to negotiate. 3. When it is impossible to use the means of electronic communication provided for by the code, the notice or invitation to confirm interest they account for it and indicate the methods with which the documents are transmitted. In these cases the deadline for submitting offers is extended by no more than five days. 4. When the derogation from the obligation to use means of electronic communication provided for by the code is due to needs of protection of confidentiality, the notice or invitation to confirm interest or, when the means of calling for tenders is a notice on the 'existence of a qualification system, the tender documents indicate the measures adopted to protect the confidential nature of the information and the methods of access to the documents. In this case, the deadline for submitting offers is extended by no more than five days, unless the new deadline has been set in agreement between the contracting authority or the granting body and all the selected candidates. 5. The additional information requested on the tender documents is communicated to all bidders or made available on the digital procurement platform and on the institutional website at least six days before the deadline established for the receipt of offers and at least four days before when the deadline for receiving offers is reduced. EFFECTIVE FROM: 1 July 2023
  • Article 160. Communication of technical specifications.

    1. Upon request of economic operators interested in the awarding of a contract, contracting authorities and granting bodies shall make available the technical specifications envisaged in their supply, works or service contracts, or the technical specifications to which they intend to refer for contracts subject to periodic indicative notices. These specifications are made available in digital form in a free, unlimited and direct manner. 2. The technical specifications are transmitted by means other than digital if it is not possible to offer free, unlimited and direct access via digital means to certain tender documents or to protect the confidentiality of the information that the contracting authorities or granting bodies transmit. 3. When the technical specifications are based on documents to which the interested economic operators have free, unlimited and direct access, in digital form, the indication of the reference to such documents. EFFECTIVE: July 1, 2023
  • Article 161. Advertising and indicative periodic notice.

    1. Contracting authorities or granting bodies may make known their intention to schedule contracts by publishing a periodic indicative notice, possibly by 31 December of each year. These notices, which contain the information referred to in Annex II.6, Part II, Sections A and C, are published by the contracting authority or the granting body on its institutional website making them accessible via hyperlink. For contracts with an amount equal to or greater than the threshold referred to in Article 14, Article 84. applies. 2. When a tender is called by means of a periodic indicative notice for restricted procedures and negotiated procedures preceded by a call for competition, the notice satisfies all of the following conditions: a) refers specifically to the supplies, works or services that will be the subject of the contract to be awarded; b) indicates that the contract is awarded by means of a restricted or negotiated procedure without further publication of a call for competition and invites interested economic operators to express their interest; (c) contains, in addition to the information set out in Annex II.6, Part II, Section A, the information set out in the Annex II.6, Part II, Section B; d) was sent for publication between thirty-five days and twelve months before the date of sending of the invitation to confirm interest. 3. The notices referred to in paragraph 2 may be published on the institutional website as a supplementary publication at national level. The period covered by the notice may last a maximum of twelve months from the date of transmission of the notice for publication. However, in the case of public procurement for social services and other specific services referred to in Annex II.6, the notice referred to in Article 127, paragraph 1, letter b), may cover a period of two years. EFFECTIVE FROM: July 1, 2023
  • Article 162. Notices on the existence of a qualification system.

    1. Pursuant to article 141, paragraph 4, letter a), contracting authorities and granting bodies may establish and manage their own qualification system for economic operators. The system is made public with a notice referred to in Annex II.6, Part II, Section H, indicating the purposes and methods for knowing the provisions relating to its operation. 2. When a tender is called with a notice referred to in paragraph 1, the tenderers in a restricted procedure, or the participants in a negotiated procedure, are selected among the candidates qualified with this system. 3. The contracting authorities and granting bodies indicate in the notice on the existence of the system the period of effectiveness of the qualification system. For contracts of an amount equal to or greater than the thresholds referred to in Article 14, they shall inform the Publications Office of the European Union in accordance with the procedures set out in Article 84 of any change in this period of effectiveness using the following reporting templates: forms: a) if the period of effectiveness is changed without terminating the system, the template initially used for notices on the existence of qualification systems; b) if the system is terminated, an award notice referred to in 'Article 163. EFFECTIVE FROM: 1 July 2023
  • Article 163. Calls for tenders and notices relating to contracts awarded.

    1. Tender notices can be used as a means of calling for tenders for all procedures. They shall contain the information referred to in the relevant provisions of Annex II.6, Part II and shall be published in accordance with Article 164. 2. Within thirty days of the conclusion of a contract or framework agreement following the relevant decision to award or conclusion, the contracting authorities and granting bodies send an award notice reporting the results of the procurement procedure. This notice contains the information referred to in Annex II.6, Part II, Section G, and is published in accordance with article 164. The provisions of article 111, paragraphs 2, 3, 4 and 5 also apply. 3. In the case of contracts for research and development services, hereinafter "R&D services", the information regarding the nature and quantity of the services may be limited to: a) the indication "R&D services" if the contract has been awarded by negotiated procedure without a call for competition in accordance with Article 158, paragraph 2, letter b); b) information that is at least as detailed as specified in the notice used as a means of calling for competition. 4. The information provided to the pursuant to Annex II.6, Part II, Section G, and not intended for publication are published only in simplified form and for statistical reasons. EFFECTIVE FROM: 1 July 2023
  • Article 164. Drafting and methods of publication of notices and notices.

    1. The notices referred to in Articles 161 to 163 contain the information indicated in Annex II.6, Part II, Sections A, B, C, D, E, F, G and H, in the format of templates of forms, including model correction forms, established by the Commission. Such notices and notices shall be transmitted to the Publications Office of the European Union in accordance with Article 84, in accordance with Annex II.7. 2. Notices and notices shall be published in full in one of the official languages of European Union, chosen by the contracting authorities or granting bodies, and the text is the only authentic one. The Italian contracting authorities or granting bodies choose the Italian language, without prejudice to the regulations in force in the Autonomous Province of Bolzano regarding bilingualism. A summary of the important elements of each notice, indicated by the contracting authorities or granting bodies in compliance with the principles of transparency and non-discrimination, is published in the other official languages. 3. The Publications Office of the European Union guarantees that the text integral and summary of the indicative periodic notices referred to in Article 161, of the call for tenders establishing a dynamic purchasing system referred to in Article 32, as well as of the notices on the existence of a qualification system used as a means of call for tenders referred to in Article 155, paragraph 3, letter b), continue to be published: a) in the case of periodic indicative notices, for twelve months or until receipt of an award notice referred to in Article 163 , which indicates that no other contract will be awarded in the twelve months covered by the call for competition; however, in the case of procurement of social services and other specific services referred to in Annex XIV to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014, the periodic indicative notice referred to in Article 127, paragraph 1, letter b), continues to be published until the expiry of the period of validity indicated initially or until the receipt of an award notice as provided for in Article 163, indicating that no further contracts will be awarded in the period covered by the call for tenders. tender; b) in the case of notices calling for tenders establishing a dynamic purchasing system, for the period of validity of the dynamic purchasing system; c) in the case of notices on the existence of a qualification system, for the period of validity. 4. Contracting authorities or granting bodies may send for publication notices relating to public contracts which are not subject to the obligation to publish, provided that they are transmitted according to the model and methods specified in paragraph 1 . 5. For publication at national level, Article 85 applies. EFFECTIVE FROM: 1 July 2023
  • Article 165. Invitations to candidates.

    1. In restricted procedures, in competitive dialogues, in innovation partnerships, in negotiated procedures with calls for tenders, the contracting authorities or granting bodies invite, simultaneously and in writing, the selected candidates to present their respective offers, to participate to dialogue or negotiate. With the same methods, the contracting authorities or the granting bodies invite, in the case of a call for tenders through an indicative periodic notice, the economic operators who have already expressed interest to confirm it. 2. The invitations indicate the digital address to which they are the tender documents and the information indicated in Annex II.9, Part II have been made directly available. If these documents are not available free of charge, unlimited and directly, for the reasons referred to in Article 88 and are not available by other means, the invitations shall be accompanied by a hyperlink to the tender documents. EFFECTIVE FROM: 1st July 2023
  • Article 166. Information for applicants for qualification, candidates and tenderers.

    1. As regards information to those who have requested qualification, to candidates and tenderers, the provisions of article 90 and paragraphs 2, 3 and 4 of this article apply. 2. The contracting authorities or granting bodies that establish or manage a qualification system inform applicants of the decision taken within six months of submitting the application. If the decision takes more than four months, the reasons for the extension will be communicated within two months of submitting the application and the new deadline will be indicated. The contracting authority or granting body communicates to the applicant the reasons for the extension of the deadline and indicates the date by which the decision will take place. 3. Applicants whose qualification is rejected are informed of the decision and the related reasons immediately and in any case within fifteen days from the date of the denial decision. The reasons are based on the qualification criteria referred to in article 168. 4. The contracting authorities or granting bodies may revoke the qualification only for reasons based on the qualification criteria referred to in article 168, informing the operator in writing financial statement of the reasons underlying it, at least fifteen days before the date set for the decision. EFFECTIVE FROM: 1 July 2023

  • PART IV - SELECTION OF PARTICIPANTS AND OFFERS


  • Article 167. Further provisions applicable in the choice of the contractor.

    1. For the selection of participants and offers in the procedures for choosing the contractor in the special sectors, the following provisions apply: a) the contracting authorities or granting bodies which are public administrations appoint a judging commission; b) the deadlines for the submission of applications for participation in accordance with the provisions of article 92, paragraph 1; c) except as established by articles 168 and 169, the absence of the causes of exclusion provided for by articles 94, 95 is ascertained, with reference to the international agreements listed in Annex and 169, possession of the participation requirements set out in articles 100 and 103 is required; e) preliminary assistance is permitted in the manner and within the limits set out in article 101; f) it is established that the economic operators present the documentation required by articles 91 and 105; g) recourse to availment is permitted in accordance with the provisions of article 104; h) the conformity of the offers is verified and the contract is awarded procurement in accordance with Articles 107, 108 and 110. 2. When selecting participants in a restricted or negotiated procedure, in a competitive dialogue or for an innovation partnership, when deciding on qualification pursuant to Article 168 or when they arrange for the updating of qualification systems, contracting authorities or granting bodies: a) do not impose administrative, technical or financial conditions on certain economic operators without imposing them on others; b) do not require proof or justification present in valid documentation already available. EFFECTIVE FROM: 1 July 2023
  • Article 168. Tender procedures with qualification systems.

    1. Pursuant to article 141, paragraph 4, letter a), contracting authorities or granting bodies may establish and manage a qualification system for economic operators. Economic operators may request to be qualified at any time. 2. With their own documents, published on their institutional sites and, in any case, transmitted to interested economic operators who request them, the contracting authorities or granting bodies establish objective rules and criteria for the functioning of the qualification system, which can be divided into various qualification stages, any periodic updating of the same and its duration. They regulate the requirements relating to economic and financial capacity and the technical and professional skills necessary for registration in the system; the requirements may also be those provided for by articles 100 and 103 and in this case articles 91 and 105 apply. When the criteria for registration involve the possession of technical specifications, articles 79, 80 and 105 apply. 3. The contracting authorities or granting bodies provide in the documents referred to in paragraph 2 that economic operators for whom there are causes for exclusion pursuant to the combined provisions of articles 94, 95, 96, 97, 98 and 169 cannot be registered, and in any case they allow the acquisition of the capacity requirements required for registration in accordance with the methods set out in article 104. The rules and criteria can always be updated by communicating this to the registered economic operators. 4. The qualified operators are registered in a list, which can be divided into categories based on the type of procurement for which the qualification is valid. 5. The contracting authority or the granting body that establishes and manages the qualification system establishes the documents, certificates and substitute declarations that must accompany the application for registration, and cannot request certificates or documents that reproduce valid documents already in his availability. The documents, certificates and substitute declarations, if drawn up in a language other than Italian, are accompanied by a translation into Italian certified as compliant with the original text by the Italian diplomatic or consular authorities of the country in which they were drawn up, or by a official translator. 6. The specific contracts for the works, supplies and services covered by the qualification system are awarded with restricted procedures or negotiated procedures in which operators registered in the qualification system can participate or submit offers. EFFECTIVE FROM: 1 ° July 2023
  • Article 169. Regulated tender procedures.

    1. With their own documents, published on their institutional sites and, in any case, accessible to all interested economic operators, without prejudice to the causes of automatic exclusion referred to in article 94, public companies and entities holding exclusive special rights may establish in advance which conduct constitute serious professional misconduct for the purposes of articles 95, paragraph 1, letter e) and 98. 2. If the contracting authorities or granting bodies find themselves in need of guaranteeing an adequate balance between the specific characteristics of the procurement procedure and the means necessary for its implementation, in restricted or negotiated procedures, in competitive dialogues or in innovation partnerships, they can define objective rules and criteria that reflect this need and allow the contracting authority or granting body to reduce the number of candidates that will be invited to submit an offer. The number of selected candidates takes into account the need to guarantee adequate competition. EFFECTIVE FROM: 1 July 2023
  • Article 170. Offers containing products originating in third countries.

    1. Without prejudice to the obligations assumed towards third countries, this article applies to offers containing products originating from third countries with which the European Union has not concluded, in a multilateral or bilateral context, an agreement guaranteeing access comparable and effective nature of European Union companies to the markets of such third countries. 2. Any offer submitted for the award of a supply contract may be rejected if the part of the products originates in third countries, in accordance with the regulation (EU ) n. 952/2013 of the European Parliament and of the Council, of 9 October 2013, exceeds 50 percent of the total value of the products that make up the offer. In the event of failure to reject the offer pursuant to this paragraph, the contracting authority or granting body duly motivates the reasons for the choice and transmits the relevant documentation to the Authority. For the purposes of this article, the software used in telecommunications network systems are considered products. 3. Without prejudice to the provisions of the third sentence of this paragraph, if two or more offers are equivalent based on the award criteria referred to in the article 108, the offer that cannot be rejected pursuant to paragraph 2 of this article is preferred. The value of the offers is considered equivalent, for the purposes of this article, if the price difference does not exceed 3 percent. However, an offer is not preferred to another by virtue of this paragraph, if the contracting authority or the granting body, by accepting it, is required to purchase material with technical characteristics different from those of the already existing material, with consequent incompatibility or technical difficulties of use or maintenance or disproportionate costs. 4. For the purposes of this article, to determine the part of the products originating in third countries referred to in paragraph 2, third countries to which, by decision of the Council of European Union pursuant to paragraph 1, the benefit of the code has been extended. 5. In coherence with the provisions of paragraph 2, among the evaluation criteria of the most economically advantageous offer referred to in article 108, paragraph 4, may be considered by the contracting authority, for each of the product items that make up the offer, the percentage value of products originating in third countries, pursuant to Regulation (EU) no. 952/2013 of the European Parliament and of the Council, of 9 October 2013, compared to the total value of the products that make up the offer. The contracting authorities guarantee that the criterion referred to in the first period is applied in compliance with the principles of non-discrimination in relations with third countries and proportionality. EFFECTIVE FROM: 1 July 2023
  • Article 171. Relations with third countries regarding works, services and supplies.

    1. Upon notification by the Ministry of Business and Made in Italy or the Ministry of Foreign Affairs and International Cooperation, the Control Room referred to in Article 221 informs the European Commission of any general, factual difficulty or by law, encountered by Italian companies in obtaining the award of service contracts in third countries and reported by them with particular reference to the failure to comply with the international provisions of labor law listed in Annex XIV to Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014. 2. The commitments undertaken towards third countries deriving from international agreements on public procurement, in particular in the framework of the World Trade Organization, are without prejudice. EFFECTIVE FROM: July 1, 2023
  • Article 172. Single reports on procurement procedures.

    1. Contracting authorities or granting bodies shall retain appropriate information relating to each contract or framework agreement governed by the code and whenever a dynamic purchasing system is established. This information is sufficient to allow them, at a subsequent stage, to justify decisions regarding: a) the qualification and selection of economic operators and the award of contracts; b) the use of negotiated procedures not preceded by a tender pursuant to Article 76; c) failure to apply the provisions on techniques and tools for procurement and digital and aggregate tools and the provisions on carrying out the procedures for choosing the contractor of this code, by virtue of the exceptions provided therein; d) if applicable, the reasons why means of communication other than digital means were used for the digital transmission. 2. If the contract award notice drawn up in accordance with Article 111 or Article 127, paragraph 3, contains the information required by paragraph 1, the contracting authorities or granting bodies may refer to this notice. 3. The contracting authorities or granting bodies document the performance of all award procedures, independently whether they are conducted with digital means or not. To this end, they shall ensure the preservation of sufficient documentation to justify decisions taken at all stages of the procurement procedure, in particular documentation relating to communications with economic operators and internal deliberations, the preparation of tender documents, the dialogue or negotiation if applicable, selection and awarding of the contract. The documentation is kept for at least five years starting from the date of award of the contract, or, in the event of a pending dispute, until the relevant ruling becomes final. 4. The information or documentation or the main elements are communicated to the Control Room referred to in Article 221, for any subsequent communication to the European Commission or to the competent authorities, bodies or structures. EFFECTIVE FROM: 1 July 2023
  • Article 173. Social services and other similar services.

    1. Without prejudice to the provisions of Article 141, paragraph 2, for the awarding of contracts for social services and other similar services referred to in Annex XIV to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 in the special sectors referred to in this Book, articles 127, 128, 129, 130 and 131 apply, without prejudice to the provisions of Title VII of the Third Sector Code, referred to in Legislative Decree 3 July 2017, n. 117. EFFECTIVE FROM: July 1, 2023

  • BOOK IV - PUBLIC-PRIVATE PARTNERSHIP AND CONCESSIONS PART I - GENERAL PROVISIONS


  • Article 174. Concept.

    1. The public-private partnership is an economic operation in which the following characteristics jointly occur: a) a long-term contractual relationship is established between a granting body and one or more private economic operators to achieve a result of public interest; b) the coverage of the financial needs connected to the implementation of the project comes to a significant extent from resources raised by the private party, also due to the operational risk assumed by the same; c) the private party is responsible for implementing and managing the project, while the public party is responsible for defining the objectives and verifying their implementation; d) the operational risk connected to the implementation of the works or the management of the services is allocated by the private entity. 2. By granting body, pursuant to letter a) of paragraph 1, we mean the contracting authorities and the contracting entities referred to in Article 1 of Directive 2014/23/EU of the European Parliament and of Council of 26 February 2014. 3. The contractual public-private partnership includes the figures of concession, financial leasing and availability contract, as well as other contracts stipulated by the public administration with private economic operators which have the contents of referred to in paragraph 1 and are aimed at realizing interests worthy of protection. The assignment and execution of the related contracts are governed by the provisions of Titles II, III and IV of Part II. The methods of allocating operational risk, the duration of the public-private partnership contract, the methods of determining the threshold and the methods of calculating the estimated value are governed by articles 177, 178 and 179. 4. The public-private partnership of institutional type is achieved through the creation of an entity jointly participated by the private and public parties and is governed by the consolidated law on publicly held companies, referred to in Legislative Decree 19 August 2016, n. 175, and other special sector regulations. 5. Public-private partnership contracts can only be stipulated by qualified granting bodies pursuant to article 63. EFFECTIVE FROM: 1 July 2023
  • Article 175. Planning, preliminary evaluation, control and monitoring.

    1. Public administrations adopt the three-year program of public needs suitable to be satisfied through forms of public-private partnership. 2. The use of public-private partnership is preceded by a preliminary assessment of convenience and feasibility. The assessment focuses on the suitability of the project to be financed with private resources, on the conditions necessary to optimize the relationship between costs and benefits, on the efficient allocation of operational risk, on the ability to generate innovative solutions, as well as on the debt capacity of the entity and on the availability of resources on the multi-annual budget. To this end, the evaluation compares the estimate of the costs and benefits of the partnership project, over the entire duration of the relationship, with that of the alternative use of the procurement contract for an equivalent period of time. 3. In cases of projects of state interest or projects financed with a contribution paid by the State, for which CIPESS is not already expected to be expressed, the granting bodies interested in developing the projects according to the public-private partnership formula, whose amount of works or services is for an amount equal to or greater than 250 million euros, request an opinion, for the purposes of the preliminary assessment referred to in paragraph 2, from CIPESS, having consulted the consultancy unit for the implementation of the guidelines for the regulation of services public utility (NARS). CIPESS issues a decision within forty-five days of the request. In cases of projects of state interest or financed with a contribution paid by the State, for which the expression of the CIPESS is not foreseen, the granting bodies interested in developing the projects according to the public-private partnership formula, whose amount of works or services is for an amount equal to or greater than 50 million euros and less than 250 million euros, require a prior, non-binding opinion, for the purposes of the preliminary assessment referred to in paragraph 2, from the Department for planning and coordination of the economic policy (DIPE) of the Presidency of the Council of Ministers; this opinion is issued in agreement with the Ministry of Economy and Finance - Department of State General Accounting within forty-five days of the request; once the deadline has passed, unless suspended for documentary integration in accordance with the provisions of article 2, paragraph 7, of law 7 August 1990, n. 241, article 16, paragraph 2, of law no. applies. 241 of 1990. The aforementioned opinions must be requested before the publication of the tender notice in the case of a public initiative project or before the declaration of feasibility in the case of a private initiative project. The President of the Council of Ministers, after the preliminary evaluation, can submit the contract outline to the opinions of the Superior Council of Public Works and the Council of State, also for the evaluation of profiles other than that of convenience. 4. The regions and local authorities may request the opinion of the DIPE referred to in paragraph 3 when the complexity of the contractual operation requires it. 5. The granting body, having heard the economic operator, entrusts the functions to the RUP appointed pursuant to article 15. as sole manager of the partnership project. The manager coordinates and controls, from a technical and accounting point of view, the execution of the contract, constantly verifying compliance with the quality and quantity levels of the services. 6. The granting body exercises control over the economic operator's activity, verifying in particular that the transferred operational risk remains with the economic operator. The economic operator provides all the information necessary for the purpose, in the manner established in the contract. 7. The monitoring of public-private partnerships is entrusted to the Presidency of the Council of Ministers - Department for the planning and coordination of economic policy and to the Ministry of economy and finance - Department of the State General Accounting Office, who exercise it through access to the portal on the monitoring of public-private partnership contracts established at the State General Accounting Office through which the granting bodies are required to transmit the information on the contracts stipulated. The granting bodies are also required to highlight the public-private partnership contracts stipulated through a specific annex to the financial statements with the indication of the single project code (CUP) and the tender identification code (CIG), of the overall value of the contract, the duration, the amount of the public contribution and the amount of the investment paid by the private individual. 8. The best practices regarding forms and technical characteristics of financing are published and periodically updated on the portal referred to in paragraph 7 of the most common public-private partnerships on the market. 9. For public accounting purposes only, the contents of the Eurostat decisions to which the public administrations are required pursuant to Article 1, paragraphs 2 and 3, of the law of 31 December apply. 2009, n. 196. EFFECTIVE FROM: July 1, 2023

  • PART II - CONCESSION CONTRACTS



  • TITLE I - THE SCOPE OF APPLICATION AND GENERAL PRINCIPLES


  • Article 176. Object and scope of application.

    1. This Part regulates the procedures for the award of concession contracts announced by granting entities and their execution. 2. The rules of this Part apply to the concessions of economic services of general interest, without prejudice to the specific exclusions provided for by code. For non-regulated profiles, Legislative Decree no. 23 December 2022 applies. 201, as well as other special sector regulations. EFFECTIVE FROM: 1 July 2023
  • Article 177. Concession agreement and transfer of operational risk.

    1. The awarding of a concession involves the transfer to the concessionaire of an operational risk linked to the execution of the works or the management of the services and includes a risk on the demand side or on the supply side or both. Demand-side risk means the risk associated with actual demand for the works or services that are the subject of the contract. Supply-side risk means the risk associated with the offer of the works or services that are the subject of the contract, in particular the risk that the provision of services does not correspond to the qualitative and quantitative level deduced in the contract. 2. It is considered that the concessionaire has assumed the operational risk when, under normal operating conditions, the recovery of the investments made or the costs incurred for the management of the works or services covered by the concession is not guaranteed. The portion of the risk transferred to the dealer must result in effective exposure to market fluctuations such that any estimated potential loss suffered by the dealer is not purely nominal or negligible. For the purposes of evaluating the operational risk, the net present value of all the investments, costs and revenues of the concessionaire must be taken into consideration. 3. The operational risk, relevant for the purposes of qualifying the economic operation as a concession, is that which derives from exceptional factors which are not foreseeable and cannot be attributed to the parties. There are no risks associated with mismanagement, contractual breaches by the economic operator or causes of force majeure. 4. Contracts remunerated by the granting body without any monetary consideration as a price are configured as concessions if the recovery of the investments made and the costs incurred by the operator depends exclusively on the demand for the service or good, or on their supply. In economic operations including a risk only on the supply side, the contract provides that the consideration is paid only in relation to the availability of the work, as well as a system of penalties that proportionally reduces or cancels the consideration due to the economic operator in periods of reduced or lack of availability of the work, reduced or failure to provide services, or in the event of failure to achieve the qualitative and quantitative levels of the service undertaken by the concessionaire. The variations in the consideration must, in any case, be able to significantly affect the net present value of the overall investment, costs and revenues. 5. The interest structure deduced in the concession contract must guarantee the conservation of economic-financial balance, meaning the simultaneous presence of the conditions of economic convenience and financial sustainability. Economic-financial equilibrium exists when the expected revenues of the project are able to cover the operating costs and investment costs, to remunerate and repay the debt capital and to remunerate the risk capital. 6. If the economic operation cannot achieve economic-financial balance on its own, public support intervention is permitted. Public intervention may consist of a financial contribution, the provision of guarantees or the transfer of ownership of real estate or other rights. The provisions on concessions do not apply, but those on procurement, if the granting body, through contractual clauses or other sectoral regulation acts, relieves the economic operator from any potential loss, guaranteeing him a minimum revenue equal to or greater than the investments made and the costs that the economic operator must bear in relation to the execution of the contract. The provision of compensation in the event of early termination of the concession for reasons attributable to the granting body, or for reasons of force majeure, does not exclude that the contract is configured as a concession. 7. For public accounting purposes only, the contents apply of Eurostat decisions. In any case, the possible recognition of a public contribution, in an amount higher than the percentage indicated in the Eurostat decisions and calculated according to the methods established therein, does not allow its accounting off-balance sheet.
  • Article 178. Duration of the concession.

    1. The duration of the concessions is limited and is determined by the granting body based on the works or services requested from the concessionaire. 2. For concessions lasting more than five years, the maximum duration of the concession does not exceed the period of time in which it can reasonably be expected that the concessionaire recovers the investments made in the execution of the works or services, together with a return on the invested capital, taking into account the investments necessary to achieve the specific contractual objectives undertaken by the concessionaire to meet needs regarding, for example, quality or the price for users or the pursuit of high standards of environmental sustainability. 3. The investments taken into consideration for the calculation include both initial ones and those in progress of the concession. 4. The maximum duration of the concession must be indicated in the tender documents, unless it is used as a contract award criterion. 5. The duration of concession contracts cannot be extended, except for the review referred to in article 192, paragraph 1. Contracts awarded without tender referred to in article 186, paragraph 2, cannot be extended in any case. At the end of the concession, for the time strictly necessary to complete the concessionaire selection procedures, the management of the motorway sections is entrusted to the Ministry of Infrastructure and Transport which, in relation to the specificity of the motorway section, to guarantee adequate safety standards and road conditions, evaluates the most suitable model for transitional management also in relation to economic conditions. EFFECTIVE FROM: 1 July 2023
  • Article 179. Threshold and methods for calculating the estimated value of concessions.

    1. The value of a concession is made up of the total turnover of the concessionaire generated for the entire duration of the contract, net of VAT, estimated by the granting body, as consideration for the works and services covered by the concession, as well as for ancillary supplies to such works and services. 2. The value is estimated at the time the concession notice is sent or, in cases where no such notice is provided, at the time the granting body starts the concession award procedure. If the value of the concession at the time of award is higher than the estimated value by more than 20 percent, the value of the concession at the time of award is considered. 3. The estimated value of the concession is calculated according to an objective method specified in concession tender documents. The granting bodies also take into account, where appropriate, the following elements: a) the value of any option clauses; b) the revenues deriving from the payment, by users of the works and services, of various tariffs and fines from those collected on behalf of the granting body; c) payments or any financial advantage conferred to the concessionaire in any form by the granting body or other public administrations, including compensation for the fulfillment of a public service obligation and public investment subsidies; d) the value of the subsidies or any other financial advantage in any form conferred by third parties for the implementation of the concession; e) the revenue deriving from the sale of assets forming part of the concession; f) the value of all the supplies and services made available to the concessionaire by the granting bodies, provided that they are necessary for the execution of the works or the provision of the services; g) any premium or payment to candidates or tenderers. 4. The choice of method for calculating the estimated value of the concession cannot be made with the intention of excluding such concession from the scope of application of the code. A concession cannot be split up in order to avoid it falling within the scope of application of the code, unless objective reasons justify it. 5. When a proposed work or service may give rise to the award of a concession in batches separated, the estimated overall value of the lots is calculated. 6. When the overall value of the lots is equal to or greater than the threshold referred to in article 14, this Part applies to the awarding of each lot. EFFECTIVE FROM: 1st July 2023
  • Article 180. Mixed concession contracts.

    1. Concessions having as their object both works and services are awarded in accordance with the provisions applicable to the performance that characterizes the main object of the concessions themselves. 2. In the case of mixed concessions which consist partly of social services and other specific services listed in Annex IV to Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014, the main object is determined on the basis of the highest estimated value of those of the respective services. 3. Mixed contracts containing elements of the concession and elements of the public contract are awarded in accordance with the procurement regulations. 4. If the different parts of a given contract are objectively non-separable, the applicable legal regime is determined on the basis of the main object of the contract in question. In the event that such contracts contain elements of both a service concession and a supply contract, the main object is determined on the basis of the highest estimated value of those of the respective services or supplies. 5. Mixed contracts containing elements of works and services concessions, as well as elements of concessions of land, existing buildings or other immovable property or relating to rights in such property, shall be awarded in accordance with the provisions of this Part. EFFECTIVE FROM: 1 July 2023
  • Article 181. Excluded contracts.

    1. Non-economic services of general interest do not fall within the scope of application of this Part. 2. This Part also does not apply to the concessions referred to in Articles 10, 11, 12, 13, 14, 16, 17 of Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014. 3. The principles dictated by Title I of Part I of the Book I. EFFECTIVE: July 1, 2023

  • TITLE II - THE AWARDING OF CONCESSIONS: GENERAL PRINCIPLES AND PROCEDURAL GUARANTEES


  • Article 182. Announcement.

    1. Concession entities that intend to award a concession shall make this intention known by means of a concession notice. 2. The concession notice contains the information indicated in Annex IV.1 and, where appropriate, any other information deemed useful by the the granting body, also according to the format of the uniform models prepared by the sector regulatory authority. Upon first application of the code, Annex IV.1 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, which replaces it entirely also as an annex to the code. 3. The granting bodies: a) specify in the concession contract that the public goods or goods for public use possibly assigned to the concessionaire for the management of the service they cannot be used to carry out economic activities that are not expressly the subject of the assignment procedure; b) they may provide that, for the execution of a portion of the ancillary services entrusted with the same tender procedure, the concessionaire makes use of third-party economic operators. 4. The notice indicates the technical and functional requirements that define the characteristics required for the works or services covered by the concession. 5. The notices and related attachments, included therein, as appropriate , the contract scheme and the economic-financial plan are defined in such a way as to ensure adequate levels of bankability, meaning the availability on the financial market of resources proportionate to needs, the sustainability of these sources and the appropriate profitability of the invested capital. The tenders may also require that the offers be accompanied by expressions of interest from the financing institution. 6. The granting bodies that intend to award a concession for social services and other specific services listed in Annex IV to Directive 2014/23/EU of European Parliament and of the Council, of 26 February 2014, announce their intention to award the envisaged concession through the publication of a prior information notice. These notices contain the information referred to in Annex VI to Directive 2014/23/EU. 7. Notwithstanding paragraph 1, granting entities are not required to publish a concession notice when the works or services can only be provided by a specific economic operator for one of the following reasons: a) the object of the concession is the creation or acquisition of a work of art or a unique artistic representation; b) the absence of competition for technical reasons ; c) the existence of an exclusive right; d) the protection of intellectual property rights and exclusive rights other than those defined in Article 5, point 10, of Directive 2014/23/EU. 8. The exceptions referred to in paragraph 7, letters b), c) and d), apply only if no reasonable alternatives exist and the absence of competition is not the result of an artificial limitation of the parameters for awarding the concession. 9. The granting body is not required to publish a new concession notice if no offer or no appropriate offer has been submitted or no application or no appropriate application has been filed in response to a previous concession procedure, provided that the initial conditions of the concession contract are not substantially modified; in this case a report must be submitted to the sector regulatory authority. 10. An offer is considered inappropriate if it has no relevance to the concession and is therefore manifestly inadequate, unless substantial modifications are made, to meet the needs and to the requirements of the granting body specified in the tender documents. 11. The tenders, pre-information notices and award notices relating to concessions for amounts equal to or greater than the thresholds of European relevance are drawn up by the granting bodies and sent to the Publications Office of the European Union in the manner provided for in Article 84. The concession award notices contain the information referred to in Annex VII to Directive 2014/23/EU or, in relation to the concessions referred to in paragraph 6 of this Article, the information referred to in Annex VIII to the same Directive. 12. With regard to the publication at national level of tenders, prior information notices and award notices, Article 85 shall apply. EFFECTIVE FROM : July 1, 2023
  • Article 183. Procedure.

    1. The concessions are awarded on the basis of the award criteria established by the granting body provided that all the following conditions are met: a) the offer meets the minimum requirements possibly prescribed by the granting body; b) the bidder complies with the conditions of participation relating to the technical and professional skills and financial and economic capacity requested in the notice; c) the tenderer is not excluded from participation in the award procedure pursuant to Articles 94, 95, with reference to the international agreements listed in Annex in particular technical, physical, functional and legal, which each offer must satisfy or possess. 3. The granting bodies shall provide, in the concession notice, a description of the concession and the conditions of participation and, in the invitation to submit offers or in the other procurement documents, a description of the award criteria and, where applicable, the minimum requirements to be met. 4. The awarding body may limit the number of candidates or tenderers to an appropriate level, provided this is done in a transparent manner and on the basis of objective criteria. The number of candidates or tenderers invited to participate must be sufficient to ensure effective competition. 5. The granting body shall communicate to all participants a description of the envisaged organization of the procedure and an indicative deadline for its completion. Any changes are communicated to all participants and, to the extent that they concern elements indicated in the concession notice, they are made public for all economic operators. 6. The granting body ensures the use of the digitalisation of the procedure according to the rules of referred to in Book I, Part II. The use of digital media and methods guarantees the transparency of the procedure and the imputability of the documents. 7. The granting body can freely conduct negotiations with the candidates and bidders. The object of the concession, the award criteria and the minimum requirements are not changed during the negotiations. These negotiations are normally conducted through a competitive dialogue pursuant to Article 74. 8. The granting body verifies the conditions of participation relating to the technical and professional capabilities and the financial and economic capacity of the candidates or tenderers, on the basis of self-certifications or references which must be presented as proof based on the requirements specified in the concession notice; the requirements are non-discriminatory and proportionate to the object of the concession. The conditions of participation are related and proportional to the need to guarantee the concessionaire's ability to carry out the concession, taking into account the object of the concession and the objective of ensuring effective competition. 9. To meet the conditions of participation, where appropriate and in the case of a particular concession, the economic operator may rely on the capacities of other entities, regardless of the legal nature of its relationships with them. If an economic operator wants to rely on the capabilities of other entities, it must demonstrate to the granting body that it will have the necessary resources for the entire duration of the concession, for example by submitting a commitment to this end from said entities. As regards the financial capacity, the granting body may require that the economic operator and the subjects in question are jointly responsible for the execution of the contract. 10. Under the same conditions, a grouping of economic operators may rely on the capabilities of the participants in the group or other subjects. 11. The provisions regarding preliminary assistance referred to in article 101 apply. EFFECTIVE FROM: 1 July 2023
  • Article 184. Terms and communications.

    1. When setting the deadlines for the receipt of applications or offers, the granting bodies shall take into account, in particular, the complexity of the concession and the time necessary to prepare the offers or applications, without prejudice to the minimum deadlines established by this article. 2. When applications or offers can only be submitted following a visit to the sites or after on-site consultation of the documents attached to the tender documents, the deadlines for receiving applications to participate in the concession or for receiving offers are established so that all interested economic operators can become aware of the information necessary to submit applications or offers and are in any case higher than the minimum deadlines established in paragraphs 3 and 4 of Article 39 of Directive 2014/23/EU of the European Parliament and of the Council, of 26 February 2014. 3. The minimum deadline for receiving applications for participation in the concession, including any offers, is thirty days from the date of transmission of the notice in accordance with the indications of articles 84 and 85. 4. If the procedure takes place in successive phases, the minimum deadline for receiving the initial offers is twenty-two days from the date of transmission of the invitation to submit offers. 5. The granting body communicates as soon as possible, and in any case within fifteen days, tenderers the decisions taken regarding the award, in particular the name of the tenderer to whom the contract was awarded, the reasons for rejecting the request to participate and the tender, as well as the reasons why it decided to not to award a contract for which a concession notice has been published or to restart the procedure. Upon request of the interested party, the granting body shall communicate as soon as possible, and in any case within fifteen days of receiving a written request, to each bidder who has submitted an eligible offer, the characteristics and relative advantages of the selected offer. 6. The granting body may decide not to disclose certain information referred to in paragraph 5 relating to the contract, if its dissemination hinders the application of the law, is contrary to the public interest, prejudices the legitimate commercial interests of economic operators or could cause harm to fair competition between these operators. EFFECTIVE FROM: 1 July 2023
  • Article 185. Award criteria.

    1. For the award of the contracts referred to in this Title, the granting body uses at least one feasibility project as the basis for the tender. The successful tenderer will prepare the next project level. The concessions are awarded on the basis of objective criteria, such as to ensure an evaluation of the offers in conditions of effective competition in order to identify an overall economic advantage for the granting body. 2. The award criteria are connected to the object of the concession and do not attribute unconditional freedom of choice to the granting body. They include, among others, environmental, social or innovation-related criteria. These criteria are accompanied by requirements that allow the information provided by tenderers to be effectively verified. The granting body verifies the conformity of the offers with the award criteria. 3. The granting body lists the criteria in decreasing order of importance. 4. Notwithstanding paragraph 3, the granting body, if it receives an offer that proposes an innovative solution with an extraordinary level of functional performance that could not have been foreseen by a diligent granting body, may, exceptionally, change the order of the award criteria to take this solution into account. In this case, the granting body informs all bidders about the change in the order of importance and issues a new invitation to submit offers. 5. Before assigning a score to the economic offer, the contracting commission verifies the adequacy and sustainability of the economic-financial plan. 6. The members of the evaluation commissions must be highly qualified and competent. The notice may provide for the redaction of the names of the economic operators who submitted the offer. EFFECTIVE FROM: 1 July 2023
  • Article 186. Concessionaires' assignments.

    1. The provisions of the code on procurement apply to contracts awarded by concessionaires who are contracting authorities. 2. Holders of works and public service concessions, with the exception of those governed by Book III, already in existence on of entry into force of the code, of an amount equal to or greater than the threshold of European relevance, and not entrusted in accordance with the European Union law in force at the time of the assignment or extension, entrust through a public tender procedure a share of between 50% one hundred and 60 percent of the works, services and supplies contracts conventionally established by the grantor and the concessionaire; the granting body takes into account the economic dimensions and characteristics of the company, the time at which the concession was awarded, its residual duration, its object, its economic value and the extent of the investments made. The assignment takes place through a public procedure, with the provision of social clauses for the stability of the personnel employed and for the protection of professionalism. 3. In case of proven indivisibility of the provision of services deducted under concession, in replacement of of outsourcing referred to in paragraph 2, the concessionaire pays the granting body an amount between the minimum of 5 percent and the maximum of 10 percent of the profits envisaged by the economic-financial plan, taking into account the period of assignment of the concession , its duration, its object, its economic value and the extent of the investments. 4. The concessions referred to in paragraphs 2 and 3 already in existence are adapted to the aforementioned provisions within six months of their entry into force force of the code. 5. The methods for calculating the quotas referred to in paragraph 2, first period, are defined by ANAC within sixty days from the date of entry into force of the code. The ANAC supervises the application of this article also taking into account the value of the services performed. 6. For motorway concessionaires, the quotas and determination criteria referred to in paragraph 2 are calculated on the basis of the amounts resulting from the attached financial economic plans to conventional acts. Verification of compliance with the aforementioned thresholds is carried out by the grantor every five years. To this end, the concessionaires present the overall plan of works, services and supplies to the grantor. Where situations of imbalance with respect to the mandatory award quotas indicated in paragraph 2, first sentence are ascertained, rebalancing measures are adopted when updating the concession relationship in accordance with the relevant economic and financial plans. In the event of failure to comply with the quotas referred to in paragraph 2, the granting body may also request the concessionaire to present surety guarantees. These surety guarantees are released when the economic-financial plan is updated where compliance with the quotas referred to in paragraph 2. 7 is ascertained. Motorway concessions relating to motorways affecting one or more regions may be entrusted by the Ministry of Infrastructure and of transport to in-house companies of other public administrations, including those specially established. To this end, similar control over the aforementioned in-house company can be exercised by the Ministry of Infrastructure and Transport through a committee governed by a specific agreement pursuant to article 15 of law no. 7 August 1990. 241, which exercises the relevant powers over the in-house company. EFFECTIVE FROM: 1 July 2023
  • Article 187. Concession contracts for amounts lower than the European threshold.

    1. For the awarding of concession contracts whose value is lower than the threshold referred to in Article 14, paragraph 1, letter a), the granting body may proceed through a negotiated procedure, without publication of a tender notice, after consultation, where existing, of at least 10 economic operators, in compliance with a criterion of rotation of invitations, identified on the basis of market surveys or through lists of economic operators. The granting body remains entitled to award the same concession contracts for amounts lower than the European threshold through the tender procedures governed by this Title. 2. The rules on execution apply to contracts for amounts lower than the European threshold. referred to in Title III of this Part. EFFECTIVE FROM: July 1, 2023

  • TITLE III - THE EXECUTION OF CONCESSIONS


  • Article 188. Subcontracting.

    1. The use of subcontracting by the concessionaire is governed by the corresponding provisions on procurement, referred to in Article 119. EFFECTIVE FROM: 1 July 2023
  • Article 189. Modification of contracts during the period of effectiveness.

    1. Concessions may be modified without a new concession award procedure in the following cases: a) if the modifications, regardless of their monetary value, have been foreseen in the initial tender documents in clear, precise and unambiguous clauses, which they may include price revision clauses as long as they refer to the synthetic indices referred to in article 60, paragraph 3; these clauses establish the scope and nature of any modifications, as well as the conditions under which they can be used; they do not make changes that would alter the general nature of the concession; b) for additional works or services by the original concessionaire which have become necessary and were not included in the initial concession, when a change of concessionaire: 1) is impracticable for economic or technical reasons, such as compliance with the requirements of interchangeability or interoperability between existing equipment, services or systems provided under the initial concession; 2) entails significant inconveniences for the granting body or a substantial duplication of costs; c) in further cases in which all the following conditions are satisfied: 1) the need for modification is determined by circumstances that a diligent granting body could not foresee; 2) the modification does not alter the general nature of the concession; 3) in case of concessions awarded by the granting body for the purpose of carrying out an activity other than those referred to in Annex II to Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014, any increase in value shall not must exceed 50 percent of the value of the initial concession. In the event of multiple subsequent modifications, this limitation applies to the value of each modification. Such subsequent amendments are not intended to circumvent the provisions of this Part; d) if a new concessionaire replaces the one to which the granting body had initially awarded the concession due to one of the following circumstances: 1) the presence of a clause of unequivocal review in accordance with letter a); 2) the initial concessionaire is succeeded, universally or partially, following corporate restructuring, including takeovers, mergers, acquisition or insolvency, by another economic operator who satisfies the qualitative selection criteria initially established, provided that this does not imply other substantial changes to the contract and is not aimed at circumventing the application of Directive 2014/23/EU; 3) in the event that the granting body assumes the obligations of the main concessionaire towards the its subcontractors, where this possibility is provided for by national legislation; e) if the modifications, regardless of their value, are not substantial. 2. Concessions may also be modified without the need for a new award procedure if the value of the modification is lower than both of the following values: a) the threshold referred to in Article 8 of Directive 2014/23/EU; b) 10 percent of the value of the initial concession. 3. The modifications referred to in the paragraph 2 cannot alter the general nature of the concession. In the case of multiple subsequent modifications, the value is ascertained on the basis of the total net value of the subsequent modifications. 4. The modification of a concession during the period of its validity is considered substantial if the nature of the concession changes in its essence compared to that initially concluded. In any case, a modification is considered substantial if one or more of the following conditions are satisfied: a) the modification introduces conditions which, if they had been contained in the initial concession award procedure, would have allowed the admission of candidates other than those initially selected or the acceptance of an offer different from the one initially accepted, or would have attracted additional participants in the concession award procedure; b) the modification changes the economic balance of the concession in favor of the concessionaire in a way not foreseen by the concession initial; c) the modification significantly extends the scope of application of the concession; d) if a new concessionaire replaces the one to which the granting body had initially awarded the concession in cases other than those provided for in paragraph 1, letter d). 5. In the situations referred to in paragraph 1, letters b) and c), the granting body publishes a notice in this regard in the Official Journal of the European Union. This notice contains the information referred to in Annex awarded by the granting body for the purpose of carrying out an activity other than those referred to in Annex II to Directive 2014/23/EU, any increase in value must not exceed 50 percent of the value of the initial concession. In the event of multiple subsequent modifications, this limitation applies to the value of each modification. Such subsequent amendments are not intended to circumvent the provisions of this Part. EFFECTIVE: July 1, 2023
  • Article 190. Termination and withdrawal.

    1. The granting body may declare the concession terminated during its relationship if one or more of the following conditions occur: a) the concession has undergone a modification which would have required a new procedure for awarding the concession; b) the concessionaire was, at the time of the award of the concession, in one of the situations which entail exclusion from the concession award procedure; c) the Court of Justice of the European Union finds, in proceedings pursuant to Article 258 of the Treaty on the Functioning of the European Union, that a Member State has violated one of its obligations under the European treaties due to the fact that a granting body belonging to the Member State in question has awarded the concession in question without fulfilling the obligations provided for by the European treaties and by Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014. 2. The termination of the concession due to non-compliance of the granting body or the concessionaire is governed by articles 1453 et seq. of the civil code . For the case of non-compliance, the contract provides for a penalty clause for pre-determination of the damage and the criteria for calculating the compensation. 3. In cases which would involve the termination of a concession for reasons attributable to the concessionaire, the granting body communicates in writing to the dealer and the financing bodies the intention to terminate the relationship. The financing bodies, including the holders of bonds and similar securities issued by the concessionaire, within one hundred and twenty days of receiving the communication, may indicate an economic operator who takes over the concession with technical and financial characteristics corresponding to those provided for in the tender notice or in the documents by virtue of which the concession was awarded, with regard to the state of progress of the object of the concession at the date of takeover. The incoming economic operator ensures the resumption of the execution of the concession and the exact fulfillment originally requested of the replaced concessionaire within the deadline indicated by the granting body. The takeover of the economic operator takes effect from when the granting body gives consent. 4. If the granting body withdraws from the concession contract for reasons of public interest, the concessionaire is entitled to: a) the value of the works carried out plus the accessory charges, net of depreciation, or, in the event that the work has not yet passed the testing phase, the costs actually incurred by the concessionaire; b) the costs incurred or to be incurred as a result of the withdrawal, including charges deriving from the early termination of contracts to hedge the risk of interest rate fluctuation; c) compensation for loss of earnings ranging between a minimum of 2 percent and a maximum of 5 percent of the profits envisaged by the economic plan- financial, based on an assessment that takes into account the circumstances, the type of planned investments and the credit protection needs of the financing parties. In any case, the criteria for identifying the compensation must be unequivocally explained in the tender notice and indicated in the contract, taking into account the type and object of the concession relationship, with particular reference to the percentage, the plan economic-financial and the years to be taken into consideration in the calculation. 5. The sums due pursuant to paragraph 4 are intended primarily to satisfy the credits of the concessionaire's financiers and the holders of issued securities. 6. Without prejudice to the payment of the sums due, in all cases of termination of the concession relationship other than termination due to non-fulfilment of the concessionaire, the concessionaire has the right to continue with the ordinary management of the work, collecting the revenues deriving from it, until the actual payment of the aforementioned sums, without prejudice to any investments that cannot be postponed identified by the grantor together with the methods of financing and reimbursement of related costs. 7. The effectiveness of the withdrawal from the concession is subject to the condition of payment by the granting body of the sums provided for in paragraph 4. EFFECTIVE: July 1, 2023
  • Article 191. Takeover.

    1. Upon expiry of the assignment period and as a consequence of the new assignment, the networks, systems and other capital equipment essential for the continuation of the service, as they cannot be duplicated at socially sustainable costs, are assigned to the new manager. The same applies in the event of early termination. 2. The capital goods created in implementation of the investment plans agreed with the granting body are also transferred to the new manager. 3. Without prejudice to the sector regulations, in the case of duration of If the loan is less than the recovery time of the amortization or early termination, for reasons not attributable to the concessionaire, compensation is expected to be paid by the incoming manager equal to the book value not yet depreciated, revalued through relevant deflators set by ISTAT and net of any public contributions directly referable to the investments themselves. The criteria for determining the compensation are indicated in the notice or in the invitation letter relating to the tender announced for the subsequent assignment following the expiry or early termination of the management. 4. This is without prejudice to any different agreements between the parties stipulated before the entry into force of the code. 5. The takeover for the concessions of services of general economic interest provided at local level remains governed by article 23 of the legislative decree of 23 December 2022, n. 201. EFFECTIVE FROM: July 1, 2023
  • Article 192. Review of the concession contract.

    1. Upon the occurrence of extraordinary and unforeseeable events, including changes in the relevant legislation or regulation, provided that they are not attributable to the concessionaire, which significantly affect the economic-financial balance of the operation, the concessionaire may request a review of the contract to the extent strictly necessary to bring it back to the balance and risk transfer levels agreed upon at the time of conclusion of the contract. The alteration of the economic and financial balance due to events other than those referred to in the first period and falling within the risks allocated to the private party are borne by the same. 2. During the review pursuant to paragraph 1, it is not permitted to agree changes that alter the nature of the concession, or substantial changes which, if they had been contained in the initial concession award procedure, would have allowed the admission of candidates other than those initially selected or the acceptance of an offer different from the one initially accepted , or they would have attracted additional participants in the concession award procedure. 3. In cases of works of state interest or financed with a contribution paid by the State for which the expression of the CIPESS is not already foreseen, the revision is subject to the prior evaluation of the Department for the planning and coordination of economic policy (DIPE ) of the Presidency of the Council of Ministers, having consulted the consultancy unit for the implementation of the guidelines for the regulation of public utility services (NARS), which issues an opinion in consultation with the Ministry of Economy and Finance - Department of State General Accounting Office. 4. In case of failure to reach an agreement on the rebalancing of the economic-financial plan, the parties may withdraw from the contract. In this case, the concessionaire will be reimbursed the amounts referred to in article 190, paragraph 4, letters a) and b), excluding the charges deriving from the early termination of the contracts to cover the risk of interest rate fluctuation. EFFECTIVE: July 1, 2023

  • TITLE IV - PROJECT FINANCE


  • Article 193. Assignment procedure.

    1. Economic operators may submit proposals to the granting bodies relating to the realization of works or services under concession. Each proposal contains a feasibility project, a draft agreement, the certified economic-financial plan and the specification of the characteristics of the service and management. The economic-financial plan includes the amount of expenses incurred for the preparation of the proposal, also including the rights to intellectual works. The institutional investors referred to in article 32, paragraph 3, of the legislative decree of 31 May 2010, n. 78, converted, with amendments, by law 30 July 2010, n. 122, as well as the subjects referred to in Article 2, number 3) of Regulation (EU) 2015/1017 of the European Parliament and of the Council of 25 June 2015, may formulate the proposals referred to in the first sentence unless necessary, in subsequent tender for the assignment of the works or services, to associate or consortium with economic operators in possession of the requirements required by the tender, if the institutional investors themselves do not have them. Institutional investors, during the tender, can satisfy the request for economic, financial, technical and professional requirements by making use, even entirely, of the capabilities of other subjects. Institutional investors may also undertake to subcontract, even in full, the services covered by the concession contract to companies in possession of the requirements required by the tender, provided that the name of the subcontractor is communicated, with its consent, to the granting body within the deadline for submitting the offer. 2. The granting body evaluates its feasibility within ninety days of submission of the proposal, inviting the promoter if necessary to make the necessary changes to the feasibility project for its approval. If the promoter does not make the requested changes, as possibly remodulated on the basis of alternative solutions suggested by the promoter himself to implement the indications of the granting body, the proposal is rejected. The granting body concludes the evaluation procedure with an express provision, published on its institutional website and communicated to interested parties. The feasibility project, once approved, is included among the programming tools of the granting body. 3. The approved feasibility project is placed at the basis of the tender within the times foreseen by the programming. The award criterion is the most economically advantageous offer identified on the basis of the best relationship between quality and price. 4. The legal configuration of the proposing entity can be modified and integrated up to the deadline for the submission of offers. In the announcement, the granting body states that the promoter can exercise the right of pre-emption. 5. Competitors, including the promoter, in possession of the requirements set out in the notice, submit an offer containing the sworn economic-financial plan, the specification of the characteristics of the service and management and the improvement variants to the feasibility project based on of the tender, according to the indicators provided in the notice. 6. The offers are accompanied by the guarantees referred to in article 106. The successful tenderer provides the guarantee referred to in article 117. From the date of commencement of the operation of the service by the concessionaire is due a deposit to guarantee the penalties relating to the failure or incorrect fulfillment of all contractual obligations relating to the management of the work, to be paid in the amount of 10 percent of the annual operating cost of the exercise and in the manner set out in the article 117. Failure to present this deposit constitutes a serious breach of contract. 7. The granting body: a) examines the offers received within the terms indicated in the notice; b) draws up a ranking and appoints the subject as the successful bidder who presented the best offer; c) approves the subsequent project levels developed by the successful tenderer. 8. If the promoter is not successful, he may exercise, within fifteen days of communication of the award, the right of pre-emption and become successful bidder if he declares to undertake to fulfill the contractual obligations under the same conditions offered by the successful bidder. If the promoter is not successful and does not exercise pre-emption, he has the right to payment, at the expense of the successful tenderer, of the amount of the expenses for preparing the proposal, also including the rights to intellectual works. The total amount of reimbursable expenses cannot exceed 2.5 percent of the value of the investment, as deduced from the feasibility project based on the tender. If the promoter exercises pre-emption, the original successful bidder has the right to payment, at the expense of the promoter, of the amount of documented expenses actually incurred for the preparation of the offer within the limits set out in the third period. 9. In relation to the specific type of work or service, the granting body takes into account, among the award criteria, the share of investments allocated to the project in terms of research, development and technological innovation. 10. The chambers of commerce, industry, crafts and agriculture, within the scope of the objectives of social utility and promotion of economic development pursued by them, may join in the presentation of proposals for the implementation of public works referred to in paragraph 1, without prejudice without prejudice to their decision-making autonomy. 11. The granting body may urge private individuals to become promoters of initiatives aimed at implementing the projects included in the planning tools of the public-private partnership, referred to in article 175, paragraph 1, with the methods regulated in this Title. EFFECTIVE FROM: 1 July 2023
  • Article 194. Special purpose company.

    1. For awards above the threshold referred to in Article 14, paragraph 1, letter a), the tender notice for the awarding of a concession in the form of project finance requires the successful tenderer to establish a special purpose company in form of joint-stock or limited liability company, including consortium. The tender notice indicates the minimum amount of the company's share capital. In the case of a competitor made up of multiple entities, the offer indicates, under penalty of exclusion, the share of participation in the share capital of each entity. 2. The works to be carried out and the services to be provided by the special purpose companies are intended created and provided on their own even if they are entrusted directly by the aforementioned companies to their shareholders, original or successors, provided that they are in possession of the requirements established by the current legislative and regulatory provisions. 3. The special purpose company, without this constitutes transfer of contract, takes over the concession relationship without the need for administrative approval or authorization. It replaces the successful tenderer in all relations with the granting body. In the case of payment of a price during construction by the granting body, the members of the company remain jointly and severally liable with the special purpose company towards the administration for any reimbursement of the contribution received. Alternatively, the special purpose company can provide the public administration with bank and insurance guarantees for the repayment of the sums paid as the price during construction, thus freeing the members. The guarantees cease on the date of issue of the test certificate of the work. The concession contract establishes the methods for the possible transfer of the shares of the special purpose company, without prejudice to the fact that the members who have contributed to forming the qualification requirements are required to participate in the company and to guarantee, within the limits set out above, the good fulfillment of the concessionaire's obligations up to the date of issue of the work testing certificate. The entry into the share capital of the special purpose company and the disinvestment of shareholdings by banks and other institutional investors, referred to in article 193, paragraph 1, fourth sentence, which have not contributed to forming the requirements for qualification, may however, take place at any time. 4. The concession contract also regulates the methods of replacing members of the special purpose company who, during the execution of the contract, lose the qualification requirements. 5. The standard tender for the The award of a contract pursuant to paragraph 1 also includes the outline of the agreement to be attached to the tender documents. EFFECTIVE FROM: 1 July 2023
  • Article 195. Obligations of special purpose companies.

    1. Special purpose companies may issue bonds and debt securities, also in derogation of the limits set out in articles 2412 and 2483 of the civil code, as long as they are intended for subscription by institutional investors and professional clients indicated in article 6, paragraphs 2-quinquies and 2-sexies, of the consolidated text of the provisions on financial intermediation, pursuant to legislative decree 24 February 1998, n. 58, and in the implementing regulations or of their parent companies and subsidiaries pursuant to article 1, paragraphs 6-bis.1 and 6-bis.2 of the same consolidated act referred to in legislative decree no. 58 of 1998. The bonds and debt securities referred to in the first period can be dematerialized and cannot be transferred to parties who are not institutional investors or professional clients. In relation to the securities issued pursuant to this article, articles 2413, 2414-bis, first and second paragraphs, and from 2415 to 2420 of the civil code do not apply. 2. The issuing of bonds is permitted exclusively to finance or refinance the debt previously contracted for the construction of the infrastructure or works connected to the public utility service. 3. The offer documentation clearly and evidently contains the warning regarding the degree of risk associated with the operation. 4. The placement of the bonds and other debt securities issued by the special purpose company takes place within the maximum term of eighteen months, or in the shorter period set by the concession contract, after which the contract is automatically terminated unless, in the meantime, other forms of financing. 5. The bonds and debt securities, until the start of management of the infrastructure by the concessionaire, or until the maturity of the bonds and securities themselves, can be guaranteed according to methods regulated by decree of the Minister of economy and finance, in agreement with the Minister of Infrastructure and Transport, to be adopted within six months of the date of entry into force of the code. Until the entry into force of this decree, the decree of the Minister of Economy and Finance dated 7 August 2012, published in the Official Gazette of the Italian Republic no., applies. 210 of 8 September 2012. 6. The provisions referred to in paragraphs 1, 2, 3 and 5 also apply to companies operating in the management of the services referred to in article 3-bis of the legislative decree of 13 August 2011, n. . 138, converted, with amendments, by law 14 September 2011, n. 148, to the companies holding the authorizations for the construction of gas transport infrastructures and storage concessions referred to in articles 9 and 11 of the legislative decree of 23 May 2000, n. 164, to the companies holding the authorizations for the construction of infrastructures forming part of the development plan of the national electricity transmission network, to the companies holding the authorizations for the construction of electronic communications networks referred to in the electronic communications code, of which to the legislative decree of 1 August 2003, n. 259 and to the companies holding individual licenses for the installation and supply of public telecommunications networks referred to in the aforementioned electronic communications code, as well as to those holding the authorizations referred to in Article 46 of the Legislative Decree of 1 October 2007, n. 159, converted, with amendments, by law 29 November 2007, n. 222. For the purposes relating to the application of this paragraph, the decree referred to in paragraph 5 is adopted in agreement with the Minister of Business and Made in Italy. 7. Real guarantees, personal guarantees and guarantees of any other nature, including credit assignments for the purpose of guarantee which back bonds and debt securities, may be established in favor of the subscribers or even of their representative who will be entitled to exercise in the name and on behalf of the subscribers all rights, both substantive and procedural, relating to the same guarantees. EFFECTIVE FROM: 1 July 2023

  • PART III - OF THE FINANCIAL LEASE


  • Article 196. Definition and regulation.

    1. To finance the construction, acquisition and completion of public or public utility works, granting bodies may stipulate financial leasing contracts. 2. The financial leasing company purchases an existing asset or to be created and transfers it for use, for a certain period of time, to the public administration upon payment of a fixed periodic fee, including any ancillary services. 3. If the contract framework provides for the transfer of operational risk, pursuant to article 177, the rules on concessions and other public-private partnership contracts shall apply, although not provided for in this article. Otherwise, the provisions relating to public works contracts will apply. 4. To award the contract referred to in paragraph 1, the granting body shall base the tender on at least one feasibility project, including the financial plan. The successful tenderer prepares the subsequent project levels and carries out the work. 5. If the bidder is a temporary grouping of companies made up of the financing entity and one or more implementing entities, each is responsible in relation to the specific obligation assumed in the contract . The financing entity can also present the offer individually, in this case resorting to the assistance of the implementing entity. 6. One or more subjects constituting the temporary business association, in the event of the opening of judicial liquidation, non-fulfilment or occurrence of any cause impeding the fulfillment of the obligation, may be replaced during the tender or execution phase with other subjects having the same requirements and characteristics. The granting body can deny consent only in cases in which the person indicated to take over does not possess the necessary subjective and objective requirements. 7. The fulfillment of the obligations of the granting body remains in any case conditional on the outcome positive test, i.e. verification of conformity regarding the functional management of the work according to the established methods. The successful tenderer ensures the correct maintenance of the asset until the time of redemption. 8. The work subject to financial leasing follows the public works regime for urban planning, construction and expropriation purposes provided that, in the contract itself, it is established that at at the end of the rental period the client is obliged to redeem. The granting body can grant the surface right on the public area where the work is to be carried out. 9. The work can also be carried out on an area available to the successful tenderer. Even in this case, the first sentence of paragraph 8. 10 applies. The contract provides for the option of early redemption. EFFECTIVE FROM: 1 July 2023

  • PART IV - OF THE AVAILABILITY AGREEMENT


  • Article 197. Definition and regulation.

    1. The parties determine the content of the availability contract within the limits imposed by the provisions of this article, taking into account the standard tender notices and standard contracts drawn up by the sector regulatory authority. 2. The consideration for the availability contract availability consists of an availability fee, commensurate with the actual period for which the economic operator has guaranteed enjoyment of the work, provided that the lack of or reduced enjoyment does not fall within the risk borne by the granting body pursuant to the paragraph 4. 3. When the transfer of ownership of the work to the granting body is agreed, the consideration is also made up of: a) any contribution during construction, not exceeding 50 percent of the construction cost of the work; b) a transfer price, to be paid at the end of the contract, determined in relation to the residual market value of the work and taking into account the amount already paid as an availability fee and any contribution in progress 'opera. 4. Unless otherwise agreed between the parties and without prejudice to the provisions of paragraph 5, the risk of failure or delayed issuing of authorizations or of any other administrative act affecting the completion or technical management of the work is borne by of the granting body. 5. The risk of failure or delayed issuing of approval or consent documents, by authorities other than the granting body, relating to the design and any variations during construction is borne by the economic operator. 6. The variations during construction are communicated by the economic operator to the granting body in order to allow the latter to object when they alter the specific characteristics of the work indicated in the performance specifications. 7. The contract determines the methods of attribution to the parties of any charges that may arise, affecting the agreed fee for the completion and management of the work, deriving from regulatory provisions or provisions of the authority. 8. The granting body may attribute to the operator economic, the quality of expropriating authority, as defined in article 3 of the consolidated text of the legislative and regulatory provisions regarding expropriation for public utility, referred to in the decree of the President of the Republic of 8 June 2001, n. 327, with the power to expropriate and take care of the related proceedings. 9. The granting body draws up, together with the tender or notice, also making use of the standard tender notices and standard contracts of the ANAC, a specification that indicates the specific characteristics of the work, the criteria for determining and reducing the consideration and the methods of providing guarantees and deposits, also functional to ensuring the exact fulfillment of contractual obligations. 10. The notice indicates the criteria, according to the order of importance attributed to them, on the basis of which the comparative evaluation between the different offers is carried out. 11. The availability contract can only be signed by the economic operator in possession of the general requirements for qualification and participation in the awarding procedures. 12. The granting body, in the manner provided for in the contract, has the right to monitor the progress of the works and verify the completed work before delivery, possibly proposing the necessary modifications and variations, provided that these do not alter specific characteristics of the work indicated in the performance specifications. 13. The contract determines the cases and methods of modification of the contract, also through the reduction of the availability fee, suitable for bringing it back to fairness, also taking into account the need to protect the creditors indicated in article 199. EFFECTIVE FROM: 1 July 2023

  • PART V - OTHER PROVISIONS REGARDING PUBLIC-PRIVATE PARTNERSHIP


  • Article 198. Other provisions regarding tenders.

    1. The proposals referred to in Article 193, paragraph 1, first sentence, may concern, as an alternative to the concession, all public-private partnership contracts. 2. Economic operators awarded public-private partnership contracts can always avail themselves of , even outside of project finance, of the right to establish a special purpose company pursuant to articles 194 and 195. 3. The institutional investors referred to in article 193, paragraph 1, fourth sentence, even outside of project finance, can participate in the tender, associating or forming a consortium with economic operators in possession of the requirements for the execution of the works or services, if they do not have them. Institutional investors can satisfy the request for economic, financial, technical and professional requirements by making use, even entirely, of the capabilities of other subjects. Institutional investors may also subcontract, even entirely, the services covered by the concession contract to companies in possession of the requirements required by the tender, provided that the name of the subcontractor is communicated, with its consent, to the granting body by the deadline of the deadline for submitting the offer. EFFECTIVE FROM: 1 July 2023
  • Article 199. Credit privilege and further guarantees.

    1. The credits of subjects who finance or refinance, in any form, the realization of public works, works of public interest or the management of public services have general privilege, pursuant to articles 2745 et seq. of the civil code, on movable assets , including credits, of the concessionaire, of special purpose companies, of companies entrusted, in any capacity, with public-private partnership contracts, or of general contractors. 2. The privilege, under penalty of nullity of the financing contract, must appear in a written document. The deed precisely describes the original financiers of the credits, the debtor, the principal amount of the loan or line of credit, as well as the elements that constitute the loan. 3. The enforceability of the lien on the assets against third parties is subject to the transcription, in the register indicated by article 1524, second paragraph, of the civil code, of the deed from which the privilege results. Notice of the establishment of the privilege is given by publication in the Official Gazette of the Italian Republic. The notice must contain the details of the registration. The transcription and publication are carried out at the competent offices of the place where the financed company is located. 4. Without prejudice to the provisions of article 1153 of the civil code, the privilege can also be exercised against third parties who have acquired rights on the goods that are the subject of the same after the transcription provided for in paragraph 3 of this article. In the event that it is not possible to assert the privilege against the third party purchaser, the privilege is transferred to the consideration. 5. In order to facilitate the bankability of the initiatives, all credits of the special purpose company, present and future, therein including those towards the contracting entity and other public administrations, may be pledged or transferred as guarantee by the company to banks or other financing entities, without the need for the consent of the assigned debtor, even when they are not yet liquid and collectable. 6. I assets on which the special purpose company holds real rights may be mortgaged or pledged only to guarantee loans contracted to finance or refinance the investments and needs envisaged by the public-private partnership contract. EFFECTIVE FROM: 1 July 2023
  • Article 200. Energy performance or energy performance contracts.

    1. In the case of energy performance or energy performance (EPC) contracts, the economic operator's management revenues are determined and paid according to the level of improvement in energy efficiency or other contractually established energy performance criteria, provided that quantifiable in relation to consumption. The energy efficiency improvement measure, calculated according to the rules regarding the certification of the energy performance of buildings and other energy-intensive infrastructures, is made available to the granting body by the economic operator and must be verified and monitored during the entire duration of the contract, also making use of specific IT platforms used for the collection, organisation, management, processing, evaluation and monitoring of energy consumption. EFFECTIVE FROM: 1 July 2023
  • Article 201. Social partnership.

    1. The granting bodies establish, with a general deed and taking into account the standard tenders and standard contracts prepared by the sector regulatory authority, the criteria and conditions for the conclusion of social partnership contracts having as their object one or more plus the following services: a) management and maintenance of areas reserved for public urban greenery and properties of rural origin intended for social and cultural activities, transferred to the Municipality in execution of agreements and implementing urban planning instruments; for the conclusion of this contract, there is the right of pre-emption of the citizens, having residence or domicile in the districts where the goods and areas are located, constituting a consortium of the district which reaches at least two thirds of the ownership of the subdivision; citizens formed in a consortium can also benefit from tax incentives; b) management, maintenance and enhancement of squares and streets or urban decoration interventions and recovery of unused areas and real estate, to allocate them for purposes of general interest, on the basis of projects presented by citizens, individuals or associations who, for this purpose, benefit from tax incentives directly relating to the activity carried out by the individual or the association, or in any case useful to the local community of reference; c) completion of works of local interest, to be acquired from the unavailable assets of the granting body, on the basis of projects presented by citizens, individuals or associations, and at the expense of the latter; the execution of the works is exempt from fiscal and administrative charges, except for value added tax. 2. The parties determine the content of the social partnership contracts within the limits imposed by the following provisions, taking into account the standard tender notices and the standard contracts drawn up by the ANAC. 3. Micro-enterprises, small and medium-sized enterprises, as defined in Article 1, paragraph 1, letter o) of Annex I.1. 4. The general act indicated in paragraph 1 determines the methods of exercising the right of pre-emption of citizens established in consortia and the nature and extent of the tax incentives provided for the conclusion of social partnership contracts, within the limits of what is provided for with reference to special laws in the public contracts code, referred to in Legislative Decree 18 April 2016, n. 50. EFFECTIVE FROM: July 1, 2023
  • Article 202. Transfer of properties in exchange for works.

    1. The tender notice, drawn up also taking into account the standard tender notices and standard contracts prepared by the ANAC, may provide for: a) by way of consideration, total or partial and on the basis of their market value, the transfer to the economic operator or, when he is interested, to third parties indicated by him, in possession of the requirements for participation in the tender, of the ownership of real estate of the granting body, already indicated in the three-year program for the works or in the notice of pre-information for services and supplies, no longer intended for the pursuit of purposes of general interest; b) the transfer of ownership at a time prior to the end of the works, subject to a surety bond equal to the value of the property, by provide oneself in the ways provided for by the code for participation in assignment procedures; the guarantee is progressively released in the manner envisaged with reference to the definitive guarantee. EFFECTIVE FROM: 1 July 2023

  • PART VI - GLOBAL SERVICES


  • Article 203. Assignment of global services.

    1. The assignment of global services is achieved through the conclusion of contracts, even different from those governed by the provisions of this Part, with which the economic operator is required to pursue an administrative result through the professional and specialist services deducted as an obligation in exchange of a consideration determined in relation to the result obtained and the activity normally necessary to obtain it. 2. Contracts for the assignment of global services can only be signed by an economic operator in possession of the specific qualification provided for by article 207, as well as the general requirements for participation in the award procedures. 3. The parties determine the content of the contracts for the assignment of global services within the limits imposed by the provisions of this Part, taking into account the standard tender notices and standard contracts drawn up by ANAC. EFFECTIVE: July 1, 2023
  • Article 204. General contractor.

    1. The assignment of global services to the general contractor is achieved through the conclusion of a contract which obliges the economic operator to carry out a work and pursue a specific administrative result indicated in the notice and in the contract, with organization of the necessary means and with management at your own risk in exchange for a fee determined based on the result obtained and the services rendered. The assignment to the general contractor is decided by the granting body taking into account the complexity and heterogeneity of the services requested and the need to pursue a high quality and effective administrative result, and provided that the amount of the assignment is not less than 100 million euros. 2. The relationships between the awarding entity and the general contractor are regulated, in addition to the tender notice and the contract, by the provisions of the code on procurement and concession contracts. 3. The general contractor is held between 'other: a) to draw up the executive project, in accordance with the technical-economic feasibility project drawn up by the contracting entity, and to carry out the activities instrumental to its approval; b) to ensure pre-financing, in whole or in part, of the work; c) to constantly communicate to the contracting party the information necessary to prevent attempts at mafia infiltration. 4. The contract may provide that: a) the economic operator has the status of expropriating authority, as defined by article 3 of the text of the legislative and regulatory provisions regarding expropriation for public utility, referred to in the decree of the President of the Republic of 8 June 2001, n. 327, with the power to expropriate and take care of the related proceedings; b) the economic operator identifies the ways of managing the work and selecting the subjects to whom such management can be entrusted. 5. The granting body draws up the technical-economic feasibility project and approves the executive project and its variants. 6. The tender notice and the contract establish: a) the criteria for determining and reducing the fee due to the general contractor based on the result obtained and to the services rendered; b) the methods and times of payment of the consideration, which in any case occurs after testing for the part relating to the works carried out in advance; c) the own resources of the general contractor pursuant to paragraph 14; d) the methods of attribution to the parties of any supervening charges, incidents on the consideration and deriving from regulatory provisions or provisions of other authorities; e) the measures suitable for preventing attempts at mafia infiltration and conditioning and the related costs, not subject to auction discount. 7. The risk deriving from variations in the project requested by the granting body, or caused by force majeure or by provisions of other authorities, is borne by the granting body. 8. The risk deriving from variations caused by omissions, inaccuracies or errors in the executive project are the responsibility of the general contractor. 9. Except for the cases provided for in paragraphs 7 and 8, the economic operator communicates the variations of the project to the granting body to allow the latter to object when these alter the characteristics specifics of the work, or the ways or times of its completion, or in any case modify the administrative result deduced in the contract. 10. The provisions of the code which allow the use of the negotiated procedure without prior publication do not apply to project variations of a tender notice. 11. The general contractor can perform the services deducted in the obligation also by establishing a special purpose company, in which subjects with suitable professionalism requirements can participate, including the institutional investors referred to in article 193, paragraph 1, fourth period, indicated in advance at the time of participation in the tender. The special purpose company is governed by article 194 as well as by the following provisions. 12. Unless otherwise established in the contract, the general contractor or the various subjects that compose it are jointly liable with the special purpose company for the exact fulfillment of the contractual obligations. Alternatively, the special purpose company can provide the granting body with bank and insurance guarantees for the repayment of the sums received during construction, thus freeing the members. The guarantees cease when the test certificate of the work is issued. The assignment of credits of the general contractor and of the special purpose company is regulated by the provisions of the code on the assignment of credits from contract and concession fees. 13. The general contractor can also perform the contractual services by entrusting them to third parties, in possession of the required requirements of qualification, on whom no obligations and burdens may be imposed in addition to those which burden the general contractor in relations with the granting body. Third party contractors may proceed with sub-contracting, in the ways and within the limits established for public works contracts. The rules on subcontracting apply. 14. The tender and the contract determine the share of the value of the work that must be carried out with an advance of resources from the general contractor. To finance this portion, the general contractor or the special purpose company may issue bonds, subject to authorization from the supervisory bodies, also in derogation of the limits established by article 2412 of the civil code. The granting body guarantees the payment of the bonds issued, within the limits of its debt towards the general contractor, in the ways established by decree of the Minister of Economy and Finance, in agreement with the Minister of Infrastructure and Transport. 15. L The contracting entity pays the amount for the services rendered and pre-financed by the general contractor with the issuance of a payment certificate due upon expiry of the pre-financing according to the contractual provisions. The payment certificate constitutes definitive recognition of the credit of the assigning financier only for the credits referred to in this paragraph transferred for loans without recourse or with limited recourse. No exception to the payment of the recognized pre-financing quotas is applicable to the transferee, deriving from the relationship between the debtor and the transferring creditor, including compensation with credits deriving from the fulfillment of the same contract or with any different credit towards the transferring general contractor. 16. The notice and the contract indicate the final deadline for payment of the credits definitively recognized pursuant to paragraph 15, in cases of failure or late achievement of the result deduced in the contract. 17. The definitive recognition of the credit does not take effect when the guarantees for the execution of works of particular value, as regulated by the code, have been reduced or when the reduction is expressly provided for, unless the guarantee is restored or the reduction provision is eliminated. 18. The granting body, in the manner provided for in the tender or the contract, controls the performance of the general contractor and the carrying out of the works and verifies the work completed and the result obtained before delivery, possibly proposing the necessary modifications and variations, provided that these do not alter specific characteristics of the work and the result indicated in the tender and in the technical-economic feasibility project. The granting body appoints the works manager and the testers and carries out the testing. EFFECTIVE FROM: 1 July 2023
  • Article 205. General contractor award procedures.

    1. The notice identifies the technical-economic feasibility project and indicates, in relation to the characteristics and complexity of the work and the result to be pursued, the minimum and maximum number of competitors invited, ensuring in any case effective competition. When the requests for participation exceed the maximum number indicated, the granting body selects the economic operators to invite, on the basis of criteria relevant to the subject of the contract, disclosed in the notice. 2. The award takes place according to the criterion of most economically advantageous offer, identified not only on the basis of the ordinary contract award criteria, but also taking into account in particular: a) the technical and aesthetic value of the variants; b) the increase in the value of the pre-financing, compared to that indicated in the notice, offered by the competitor; c) of any other element suitable for the best pursuit of the administrative result deduced in the contract. 3. The tender notice may provide that the tenderer demonstrates: a) the absence of the reasons for exclusion indicated in articles 94, 95, 96, 97 and 98, without prejudice to the need to always verify possession of the general requirements by the bidder who is subsequently successful; b) the availability of financial resources, aimed at pre-financing, proportionate to the work to be carried out; c) the possession, by the contractor companies designated in the tender or by the bidder himself, of professional and financial requirements suitable for carrying out the requested services. 4. Related companies cannot compete in the same tender. The operator who participates in the tender, individually or as part of a temporary grouping or consortium, cannot participate as a member of another temporary grouping, association or consortium, even a stable one. 5. The general contractor in possession of the required qualification classification may participate in the tender procedure in association or consortium with other companies provided that the latter are admitted, for any classification, to the qualification system or are eligible for any classification. The associated or consortium companies contribute to demonstrating the requirements referred to in paragraph 1. 6. The assignments of the granting bodies operating in the special sectors are governed, in addition to the provisions of this Part, by the relevant rules of Book III. 7. The assignments of granting bodies other than those indicated in paragraph 6 are governed, in addition to the provisions of this Part, by the rules of Book II, Part IV. EFFECTIVE FROM: 1 July 2023
  • Article 206. Controls on execution and testing.

    1. The testing of the infrastructures is carried out in the manner and within the terms established by the regulations on works contracts. 2. For infrastructures of great importance or complexity, the granting body may authorize the testing commissions to make use of the support services and investigation of subjects specialized in the sector. The related charges are borne by the funds available to the granting body for the construction of the aforementioned infrastructures with the methods and limits established by decree of the Minister of Infrastructure and Transport, in agreement with the Minister of Economy and Finance, to be adopted within six months from the date of entry into force of the code. The person entrusted with the testing support cannot have a connection relationship with whoever designed, directed, executed or controlled the completion of the infrastructure in whole or in part. EFFECTIVE FROM: 1 July 2023
  • Article 207. General contractor qualification system.

    1. The general contractor is a company having as its object the exercise of a commercial activity or a cooperative company, or a consortium of production and work cooperatives provided for by law 25 June 1909, n. 422 and by the legislative decree of the provisional Head of State 14 December 1947, n. 1577, or a stable consortium as defined by this code: a) in possession of the professional, patrimonial and financial requirements referred to in paragraph 2; b) for which the reasons for exclusion referred to in articles 94, 95, 96, 97 and 98. 2. The qualification system of the general contractor is established with the regulation referred to in article 100, paragraph 4, based on rankings carried out on the basis of the gross amount of the award procedures to which the general contractor can participate. The general contractor cannot participate in procedures of a gross amount higher than that of the registration classification, certified with the system referred to in this article, but can join with another general contractor in order to jointly achieve the classification necessary to participate. 3. On a transitional basis, until the date of entry into force of the regulation referred to in paragraph 2, the status of general contractor is certified by the Minister of Infrastructure and Transport upon request of the interested party, with an act which remains effective for three years. Until the aforementioned date, when the Ministry of Infrastructure and Transport does not promptly issue the certificate, the general contractor can participate in the tender procedure and conclude the contract by exhibiting the previous certificate in his possession, even if it has expired. EFFECTIVE: July 1, 2023
  • Article 208. Comprehensive real estate services.

    1. The assignment of global services involving real estate is achieved through the conclusion of a contract by which an economic operator undertakes, by organizing the necessary means and managing at his own risk, to allow the granting body the best enjoyment of the goods and to pursue a specific administrative result indicated in the tender notice and in the contract in exchange for a fee determined in relation to the result obtained and the activity normally necessary to obtain it. 2. The tender notice and the contract establish: a) the criteria determination and reduction of the fee due to the economic operator based on the result obtained and the services rendered; b) the methods and times of payment of the fee; c) the methods of attribution to the parties of any charges that may arise, affecting the consideration and deriving from regulatory provisions or provisions of other authorities. 3. The award takes place according to the criterion of the most economically advantageous offer, taking into account in particular of every element suitable for the best pursuit of the administrative result deduced in the contract. 4. Article 204, paragraphs 11, 12, 13, 14 and 18 applies. EFFECTIVE FROM: 1 July 2023

  • BOOK V - ON LITIGATION AND THE NATIONAL ANTI-CORRUPTION AUTHORITY. FINAL AND TRANSITIONAL PROVISIONS PART I - OF THE LITIGATION



  • TITLE I - JURISDICTIONAL APPEALS


  • Article 209. Amendments to the administrative process code referred to in Annex 1 to Legislative Decree 2 July 2010, n. 104.

    1. To the code of administrative proceedings, referred to in annex 1 to the legislative decree of 2 July 2010, n. 104, the following amendments are made: a) article 120 is replaced by the following: «Art. 120 – (Specific provisions for the proceedings referred to in article 119, paragraph 1, letter a)) – 1. The documents of the award and concession procedures governed by the public contracts code, referred to in the legislative decree implementing law 21 June 2022, n. 78, including the procedures for assigning design tasks and competitions and related technical-administrative activities, which are related to public works, services or supplies, as well as the provisions of the National Anti-Corruption Authority regarding public contracts, are contestable only by appeal to the competent regional administrative court. The tender identification code (CIG) is indicated in all party documents and in all judge orders; in the event of failure to indicate, the judge proceeds in any case and also ex officio, upon notification from the secretariat, pursuant to article 86, paragraph 1. 2. For the challenge of the acts referred to in this article, the main appeal or incidental, and the additional reasons, even against acts other than those already contested, are proposed within thirty days. The deadline starts, for the main appeal and for the additional reasons, from the receipt of the communication referred to in article 90 of the public contracts code, referred to in the legislative decree implementing law no. 78 of 2022 or from the moment in which the documents are made available pursuant to article 36, paragraphs 1 and 2, of the same code. For calls and notices announcing a tender that are independently harmful, the deadline starts from the publication referred to in articles 84 and 85 of the public contracts code, referred to in the legislative decree implementing law no. 78 of 2022. The incidental appeal is governed by article 42. 3. In the event that the tender notice has not been advertised, the appeal is in any case brought within thirty days from the date of publication of the award notice or the determination to proceed to in-house assignment to the participated or controlled entity. For the deadline to start, the notice must contain the motivation for the award and the choice to award the contract without publication of the notice and the indication of the site where the required deeds and documents can be viewed. If the notices or information referred to in this paragraph are omitted or if they do not comply with the requirements indicated therein, the appeal may be brought no later than six months from the day following the date of stipulation of the contract communicated pursuant to the public contracts code , referred to in the legislative decree implementing law no. 78 of 2022. 4. If the contracting authority or the granting body is represented by the State Attorney's Office, the appeal is also notified at the headquarters of the Administration, for the sole purpose of the operation of the mandatory suspension of the deadline for the stipulation of the contract. 5. If the parties jointly request to limit the decision to the examination of a single issue, as well as in any other case compatibly with the defense needs of all the parties in relation to the complexity of the case, the judgment is normally defined, also in derogation of paragraph 1, first sentence, of article 74, following the precautionary hearing pursuant to article 60, where the conditions are met, and, failing that, it is in any case defined with a simplified sentence a hearing scheduled ex officio, to be held within forty-five days from the expiry of the deadline for the appearance of the parties other than the appellant and in compliance with the deadlines for the filing of documents and briefs. The parties will be immediately notified of the date of the hearing by the secretariat, via certified email. In the event of investigative needs or when it is necessary to integrate the cross-examination or ensure compliance with defense deadlines, the definition of the merits is postponed, with the order that arranges the preliminary obligations or the integration of the cross-examination or provides for the postponement for the requirement to respect the deadlines for the defence, at a hearing to be held no later than thirty days. 6. In the event of a precautionary request, at the end of the hearing in chambers and also in the event of rejection of the request, the judge will carry out the necessary investigative investigations. 7. The new documents relating to the same tender procedure are contested with an appeal for additional reasons, without payment of the unified contribution. 8. Except as provided in this article and in articles 121 to 125, article 119 applies. 9. Even if no effects arise from the decision on the precautionary application irreversible, the panel may subordinate the granting or denial of the precautionary measure to the provision, also through a surety, of a deposit of an amount commensurate with the value of the contract and in any case not exceeding 0.5 percent of this value. The duration of the measure subject to bail is indicated in the order. The provisions of paragraph 3 of article 119. remain unchanged. In the precautionary decision, the judge takes into account the provisions of articles 121, paragraph 1, and 122, and the imperative needs connected to a general interest in the execution of the contract, giving an account of it in the motivation. 11. The judge files the sentence with which he defines the judgment within fifteen days of the discussion hearing. When the drafting of the motivation is particularly complex, the judge publishes the ruling within the deadline referred to in the first period, also indicating any requests accepted and the measures to implement them, and in any case files the sentence within thirty days of the hearing. 12. The provisions of paragraphs 1, second sentence, 5, 6, 8, 9, 10 and 11 also apply before the Council of State in the appeal proceedings brought against the sentence or against the precautionary order, and in revocation or opposition proceedings third. The party can appeal against the provision to obtain its suspension before the publication of the sentence. 13. In the case of submission of offers for multiple lots, the appeal is brought with a cumulative appeal only if identical grounds of appeal are raised against the same act."; b) article 121 is replaced by the following: «Art . 121 – (Ineffectiveness of the contract in cases of serious violations) – 1. The judge who cancels the award or assignments without notice referred to in paragraph 2 of article 120 declares the ineffectiveness of the contract in the following cases: a) if the award took place without publication of the notice or notice announcing a tender in the Official Journal of the European Union or in the Official Journal of the Italian Republic, when such publication is required by the public contracts code, referred to in the implementing legislative decree of law no. 78 of 2022; b) if the award took place with a negotiated procedure without a tender or with economic award outside the permitted cases and this led to the omission of the publicity of the tender or notice with which a tender is announced in the Official Journal of the European Union or in the Official Journal of the Italian Republic, when such publication is required by the public contracts code, referred to in the legislative decree implementing law no. 78 of 2022; c) if the contract was stipulated without respecting the dilatory deadline established by article 18 of the public contracts code, referred to in the legislative decree implementing law no. 78 of 2022, if this violation prevented the appellant from availing himself of legal remedies before stipulating the contract and provided that such violation, in addition to defects inherent in the award, affected the appellant's chances of obtaining the assignment; d ) if the contract was stipulated without respecting the mandatory suspension of the deadline for stipulation resulting from the filing of a judicial appeal against the award, pursuant to article 18, paragraph 4, of the public contracts code, referred to in the legislative decree of implementation of law no. 78 of 2022, if this violation, in addition to defects inherent in the award, has influenced the appellant's chances of obtaining the assignment. 2. The judge specifies, based on the parties' deductions and the assessment of the seriousness of the station's conduct contracting body or the granting body and the factual situation, if the declaration of ineffectiveness is limited to the services still to be performed on the date of publication of the device or if it operates retroactively. 3. The contract remains effective, even in the presence of the violations referred to in paragraph 1, if it is ascertained that compliance with imperative needs related to a general interest requires that its effects be maintained. The imperative needs include, among other things, the unavoidable ones of a technical or other nature, such as to make it clear that the residual contractual obligations can only be respected by the current executor. Economic interests are taken into consideration as mandatory needs only when the ineffectiveness of the contract would lead to disproportionate consequences, also taking into account the possible failure to submit the request to take over the contract in cases where the defect in the award does not entail the obligation to renew the race. The economic interests directly linked to the contract do not constitute mandatory requirements, which include, among other things, the costs deriving from the delay in the execution of the contract itself, from the need to launch a new award procedure, from the change of the economic operator and from the obligations of law resulting from the declaration of ineffectiveness. 4. By the secretariat, the sentences that apply paragraph 3 are transmitted to the Presidency of the Council of Ministers - Department for European Policies. 5. When, despite the violations, the contract is considered effective or the ineffectiveness is temporally limited, the alternative sanctions referred to in article 123. 6 apply. The ineffectiveness of the contract provided for in paragraph 1, letters a) and b), does not apply when the contracting authority or the The granting body followed the following procedure: a) with a reasoned deed prior to the start of the award procedure, it declared that the procedure without publication of the notice or notice announcing a tender in the Official Journal of the European Union or in the Official of the Italian Republic is permitted by the public contracts code, referred to in the legislative decree implementing law no. 78 of 2022; b) respectively for contracts of European relevance and for those below the threshold, has published in the Official Journal of the European Union or in the Official Journal of the Italian Republic a voluntary notice for preventive transparency pursuant to article 86 of code of public contracts, referred to in the legislative decree implementing law no. 78 of 2022, in which he expresses his intention to conclude the contract; c) the contract was not concluded before the expiry of a period of at least ten days starting from the day following the date of publication of the notice referred to in letter b ).»; c) in article 123, paragraph 1, paragraph, the words: «referred to in article 121, paragraph 4» are replaced by the following: «referred to in article 121, paragraph 5»; d ) article 124 is replaced by the following: «Art. 124 – (Protection in specific and equivalent form) – 1. The acceptance of the request to obtain the award and stipulate the contract is in any case conditional on the declaration of ineffectiveness of the contract pursuant to articles 121, paragraph 1, and 122. If he does not declare the contract ineffective, the judge orders compensation equivalent to the damage suffered and proven. The judge also knows about the compensation and compensation actions proposed by the contracting authority against the economic operator who, with illicit behaviour, contributed to determining an illegitimate outcome of the tender. 2. The procedural conduct of the party who, without justified reason, has not proposed the request referred to in paragraph 1, or has not made itself available to take over the contract, is assessed by the judge pursuant to article 1227 of the civil code. 3. Pursuant to article 34, paragraph 4, the judge identifies the criteria for liquidating damages and assigns a deadline within which the damaging party must formulate a compensation proposal. The failure to formulate the proposal within the assigned deadline or the significant difference between the amount indicated in the proposal and that paid in the sentence rendered on any compliance judgment constitute evaluative elements for the purposes of regulating the litigation costs in such judgment, without prejudice to the provisions from article 91, first paragraph, of the code of civil procedure.». EFFECTIVE FROM: 1 July 2023

  • TITLE II - ALTERNATIVE REMEDIES TO JUDICIAL PROTECTION


  • Article 210. Amicable agreement for the works.

    1. For the public works referred to in Book II, entrusted by contracting authorities or granting bodies or by concessionaires, if following the registration of reserves on the accounting documents the economic amount of the work may vary between 5 percent and 15 percent of the contractual amount, in order to reach an amicable agreement, the provisions of paragraphs 2 to 6 apply. 2. The amicable agreement procedure concerns all the reserves registered up to the moment of the start of the procedure itself and can be reiterated when the reserves registered, additional and different from those already examined, once again reach the amount referred to in paragraph 1, within an overall maximum limit of 15 percent of the contract amount. Applications asserting claims already subject to reservations are not proposed for amounts greater than those quantified in the reservations themselves. The design aspects that have been subject to verification pursuant to article 42 are not subject to reservations. Before the approval of the testing certificate or verification of conformity or the certificate of regular execution, whatever the amount of the reservations, the RUP activates the amicable agreement for the resolution of the registered reservations. 3. The director of works immediately informs the RUP of the reservations referred to in paragraph 1, transmitting its own confidential report as soon as possible. 4. The RUP evaluates the admissibility and non-manifest unfoundedness of the reservations for the purposes of effectively reaching the amount limit referred to in paragraph 1. 5. Within fifteen days from the date of communication referred to in paragraph 3, having acquired the confidential report of the director of works and, where established, of the testing body, the RUP may request the Arbitration Chamber to indicate a list of five experts with specific expertise in relation to the subject of the contract. The RUP and the person who formulated the reservations jointly choose, from the list, the expert in charge of formulating the reasoned proposal for an amicable agreement. In the event of a lack of agreement between the RUP and the person who formulated the reservations, within fifteen days of the transmission of the list the expert is appointed by the Arbitration Chamber which also sets the remuneration, taking as reference the limits established in Annex V. 1. The proposal is formulated by the expert within ninety days of appointment. If the RUP does not require the appointment of the expert, the proposal is formulated by the RUP within ninety days from the date of communication referred to in paragraph 3. 6. The expert, if appointed, or the RUP, verify the reservations in cross-examination with the person who formulated them, carry out any further hearings, investigate the matter also with the collection of data and information and with the acquisition of any other opinions, and formulate, having verified the availability of suitable economic resources, a proposal for an amicable agreement, which is sent to the competent manager of the contracting authority and to the person who formulated the reservations. If the proposal is accepted by the parties within forty-five days of its receipt, the amicable agreement is concluded and a report signed by the parties is drawn up. The agreement is of a transactional nature. Interest is due on the sum recognized in the amicable agreement at the legal rate starting from the sixtieth day following the date of acceptance of the amicable agreement by the contracting authority. In the event of rejection of the proposal by the person who made the reservations or if the deadline referred to in the second period expires uselessly, the arbitrators or ordinary judge may be referred. EFFECTIVE FROM: 1 July 2023
  • Article 211. Amicable agreement for services and supplies.

    1. The provisions of article 210 also apply, insofar as they are compatible, to contracts for services and the continuous or periodic supply of goods, when disputes arise regarding the exact execution of the services due. EFFECTIVE FROM: 1 July 2023
  • Article 212. Settlement.

    1. Disputes relating to subjective rights deriving from the execution of public contracts for works, services and supplies can be resolved through settlement in compliance with the civil code only and exclusively in the event that it is not possible to seek other alternative remedies to judicial action . 2. Where the value of the amount subject to concession or waiver is greater than 100,000 euros, or 200,000 euros in the case of public works, the opinion of the State Attorney's Office is obtained, in the case of central administrations, or, in the case of sub-central administrations, a lawyer within the structure or, in the absence of an internal lawyer, the highest ranking official responsible for the dispute. 3. The transaction proposal can be formulated either by the successful tenderer or by the competent manager, after consulting the RUP. 4. The transaction is in writing under penalty of nullity. EFFECTIVE FROM: 1 July 2023
  • Article 213. Arbitration.

    1. Disputes over subjective rights, deriving from the execution of contracts relating to works, services, supplies, design competitions and ideas, including those resulting from the failure to reach the amicable agreement referred to in articles 210 and 211, may be referred to referees. Arbitration also applies to disputes relating to contracts in which a publicly held company or a company controlled or connected to a publicly held company is a party, pursuant to article 2359 of the civil code, or which in any case concern works or supplies financed with resources from public budgets. 2. The contracting authority or the granting body may directly indicate in the notice or in the notice with which it launches the tender or, for procedures without a tender, in the invitation, whether the contract will contain the arbitration clause or not. In these cases, the successful tenderer may refuse the arbitration clause within twenty days of becoming aware of the award. In this case the arbitration clause is not included in the contract. The parties have the right to compromise the dispute in arbitration during the execution of the contract. 3. The arbitration clause inserted without authorization in the notice or in the notice with which the tender is announced or, for procedures without notice, in the invitation. The clause is inserted following reasoned authorization from the governing body of the contracting authority. 4. The arbitration panel is made up of three members and is appointed by the Arbitration Chamber for public contracts relating to works, services, supplies referred to in article 214 Each party, in the request for arbitration or in the deed of resistance to the request, designates the arbitrator of its own jurisdiction. The President of the arbitration panel is designated by the Arbitration Chamber from among the subjects registered in the Register referred to in paragraph 2 of article 214. The President and the arbitrators are chosen from among subjects with proven independence and experience in the subject matter of the contract to which the arbitration refers. 5. The appointment of arbitrators for the resolution of disputes in which a public administration is a party takes place in compliance with the principles of publicity and rotation, as well as the provisions of the code. 6. Without prejudice to the provisions of the article 815 of the code of civil procedure, the following arbitrators cannot be appointed: a) ordinary, administrative, accounting and military magistrates in service, magistrates and tax judges in service as well as lawyers and state prosecutors in service; b) those who in the last year they have exercised the functions of party arbitrator, or in the last two years those of defender in arbitration proceedings governed by this article, unless the exercise of the defense constitutes the fulfillment of the official duty of the public employee; c) those who, before retirement, dealt with civil, criminal, administrative, accounting, military and tax appeals proposed by the person who requested the arbitration; d) those who expressed an opinion, in any capacity, on the matters subject of the arbitration; e) those who prepared the project or tender specifications or provided the relevant opinions; f) those who directed, supervised or tested the works, services or supplies to which the disputes refer ; g) those who have participated in any capacity in the procedure for which the arbitration is underway. 7. The appointment of the arbitration panel made in violation of the provisions of paragraphs 4, 5 and 6 determines the nullity of the award . 8. For the appointment of the arbitration panel, the request for arbitration, the statement of resistance and any counterarguments are sent to the Arbitration Chamber. Party designations are also transmitted. At the same time as the appointment of the President, the Arbitration Chamber communicates to the parties the amount and methods of the deposit to be made as an advance on the arbitration fee. The President of the arbitration panel appoints, if necessary, the secretary, also choosing him from among ANAC's internal staff. 9. The parties determine the seat of the arbitration panel; in the absence of indication of the seat of the arbitration panel or of agreement between the parties, this must be considered established at the seat of the Arbitration Chamber. 10. The provisions of the civil procedure code apply to arbitration proceedings, except as provided in this code. In particular, all means of proof provided for by the code of civil procedure are admissible, with the exclusion of the oath in all its forms. 11. The deadlines that the arbitrators have set for the parties for their allegations and preliminary requests are considered peremptory only whether there is a provision to this effect in the arbitration agreement or in a separate written document or in the procedural regulations that the arbitrators themselves have established. 12. The award is pronounced with the last signature and becomes effective with its filing with the Arbitration Chamber. Within fifteen days of the pronouncement of the award, a sum equal to one per thousand of the value of the relevant dispute is paid by the arbitrators and at the expense of the parties. This amount is paid directly to the ANAC. 13. The filing of the award at the Arbitration Chamber precedes that to be made at the court registry pursuant to and for the purposes of article 825 of the civil procedure code. The filing of the award with the Arbitration Chamber is carried out by the arbitration panel, in as many originals as there are parties, in addition to one for the official file, or with IT and telematic methods determined by the ANAC. Upon request of a party, the respective original is returned, with certification of its deposit, for the purposes of the obligations referred to in Article 825 of the Code of Civil Procedure. 14. The award may be challenged not only for reasons of nullity, but also for violation of the rules of law relating to the merits of the dispute. The appeal is brought within ninety days from the notification of the award and can no longer be brought after one hundred and eighty days from the date of filing of the award at the Arbitration Chamber. 15. Upon request of a party, the Court of Appeal may suspend , with an order, the effectiveness of the award, if there are serious and well-founded reasons. Article 351 of the Code of Civil Procedure applies. When it suspends the effectiveness of the award, or confirms the suspension ordered by the President, the panel verifies whether the judgment is in a position to be defined. In this case, having made the conclusions clear, he orders the oral discussion in the same hearing or chamber, or in a hearing to be held within ninety days of the suspension order; at the hearing he pronounces sentence pursuant to article 281-sexies of the code of civil procedure. If it deems the preliminary investigations to be indispensable, the panel provides for them with the same suspension order and orders their appointment in a subsequent hearing of no more than ninety days; then proceeds in accordance with the previous periods. The regulations relating to arbitrators' compensation are set out in Annex V.1. Upon first application of the code, Annex V.1 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law no. 23 August 1988. 400, by decree of the Minister of Infrastructure and Transport, after hearing the Arbitration Council referred to in paragraph 4 of article 214, which replaces it entirely also as an annex to the code. EFFECTIVE FROM: 1 July 2023
  • Article 214. Chamber of Arbitration, register of arbitrators and list of secretaries.

    1. The Arbitration Chamber for public contracts relating to works, services and supplies is established at the ANAC. 2. The Arbitration Chamber takes care of the formation and maintenance of the Register of arbitrators for public contracts, draws up the relevant code of ethics and provides for the obligations necessary for the establishment and functioning of the arbitration panel. 3. The President and the Arbitration Council are the bodies of the Arbitration Chamber. 4. The Arbitration Council, composed of five members, is appointed by the ANAC from among subjects with particular expertise in the matter of public contracts for works, services and supplies, to guarantee the independence and autonomy of the institute, as well as having the requirements of good repute established by the same Authority. Within it, the ANAC chooses the President. The position lasts five years and is paid in the amount determined by the appointment provision within the limits of the resources attributed to the Authority itself. Without prejudice to the provisions of article 53 of the legislative decree of 30 March 2001, n. 165, as amended by article 1, paragraph 42, letter l), of law 6 November 2012, n. 190, during the period of membership, and in the following three years, the subjects registered in the Register cannot carry out professional tasks in favor of the parties of the arbitration proceedings decided by them, including the role of party arbitrator. 5. For to carry out its functions, the Arbitration Chamber makes use of a secretarial structure with personnel provided by the ANAC. 6. The Arbitration Chamber annually takes care of the collection of data emerging from disputes relating to public contracts and transmits them to the Authority and to the control room referred to in article 221. 7. Without prejudice to the provisions of article 1, paragraph 18, of law 6 November 2012, n. 190, subjects belonging to the following categories may be registered in the Register of Arbitrators of the Arbitration Chamber: a) ordinary, administrative, accounting, military magistrates, retired tax judges and magistrates; b) lawyers registered in the ordinary and special authorized registers to practice before the higher judiciary and in possession of the requirements for appointment as advisor to the Supreme Court; c) technicians in possession of a degree in engineering and architecture, authorized to practice the profession for at least ten years and registered in the relevant registers; d) university professors, even retired, in legal and technical subjects and managers of public administrations, with proven experience in the field of public contracts for works, services and supplies. 8. The list of arbitrations is published on the ANAC website in progress and defined, the data relating to their affairs, the names and remuneration of the arbitrators and experts. 9. Registration in the Register of arbitrators and in the list of experts is valid for three years and can be obtained again after two years from the expiry of the three-year period. The cases of recusal referred to in article 815 of the civil procedure code are reserved. The further regulations relating to the Register of arbitrators, the list of experts and the list of secretaries are set out in Annex V.1. EFFECTIVE FROM: 1 July 2023
  • Article 215. Technical Advisory Board.

    1. To prevent disputes or allow the rapid resolution of the same or of technical disputes of any nature that may arise in the execution of the contracts, each party may request the establishment of a technical advisory panel, formed according to the methods set out in the annex V.2. For works aimed at the realization of public works of an amount equal to or greater than the thresholds of European importance and of supplies and services of an amount equal to or greater than 1 million euros, the establishment of the panel is mandatory. Upon first application of the code, Annex V.2 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, having heard the Superior Council of Public Works, which replaces it entirely also as an annex to the code. 2. The technical consultative panel expresses opinions or, in the absence of an express contrary will , adopts decisions having the nature of a contractual award pursuant to article 808-ter of the civil procedure code. If the ruling takes on the value of a contractual award, the mediation and conciliation activity is in any case aimed at choosing the best solution for the speedy execution of the work in a workmanlike manner. 3. Failure to comply with the opinions or decisions of the board technical consultancy is assessed for the purposes of the agent's liability for damage to the treasury and constitutes, unless proven otherwise, a serious breach of contractual obligations. Compliance with the decisions of the technical advisory board causes exclusion of liability for tax damage, except in the case of malicious conduct. EFFECTIVE FROM: 1 July 2023
  • Article 216. Mandatory opinions.

    1. The acquisition of the opinion of the technical advisory body is mandatory in cases of suspension, voluntary or coercive, of the execution of works aimed at the realization of public works for an amount equal to or greater than the thresholds of European relevance referred to in Article 14, as well as in the cases of contracts relating to services and supplies referred to in article 121, paragraph 11, second sentence. 2. If, for any reason, the works cannot proceed with the designated subject, before terminating the contract the contracting authority acquires the opinion of the technical advisory panel, also regarding the possibility that serious technical and economic reasons make continuation with the same subject preferable. 3. In the opinion, the technical advisory panel also evaluates the possibility of deciding: a) whether to proceed with the direct execution of the works, also making use, in cases permitted by law, by prior agreement, of other public bodies or companies within the economic framework of the work; b) whether to progressively consult the subjects who participated in the original tender procedure as resulting from the relative ranking, to stipulate a new contract for the assignment of the completion of the works, if technically and economically possible and under the conditions proposed by the economic operator consulted ; c) whether to launch a new procedure for the assignment of the completion of the work; d) whether to propose to the government authorities the appointment of an extraordinary commissioner for carrying out the activities necessary for the completion of the work pursuant to article 4 of the decree-law 18 April 2019, n. 32, converted, with amendments, by law 14 June 2019, n. 55. 4. When the suspension is imposed by serious technical reasons, capable of affecting the workmanlike implementation of the work, in relation to the methods of overcoming which there is no agreement between the parties, within fifteen days from the communication of the suspension of the works or of the cause that could determine it, the technical consultative panel ascertains the existence of a technical cause for legitimate suspension of the works and indicates the methods, among those referred to in paragraphs 2 and 3, with which to continue the works and any changes necessary to be made for the work to be carried out in a workmanlike manner. In this case the ruling becomes effective as a contractual award only if this possibility has not been expressly excluded pursuant to the provisions of article 217. EFFECTIVE FROM: 1 July 2023
  • Article 217. Determinations.

    1. When the acquisition of the opinion is not obligatory, the decisions of the technical advisory board assume the nature of a contractual award pursuant to article 808-ter of the civil procedure code if the parties, after the appointment of the President and no later than the moment of the establishment of the college, have not provided otherwise. The possibility that the ruling of the technical advisory board takes on the nature of a contractual award is excluded in cases where the opinion on the compulsory suspension and on the methods of continuation of the works is requested. The mandatory opinion may be replaced by a determination having the nature of a contractual award in the event of suspension imposed by serious technical reasons pursuant to paragraph 4 of article 216. 2. If the parties, pursuant to the provisions of paragraph 1 , exclude that the ruling can be considered a contractual award, the opinion, even if optional, still produces the effects referred to in paragraph 3 of article 215. 3. Decisions having the nature of a contractual award can be challenged in the cases and ways indicated by article 808-ter, second paragraph, of the code of civil procedure. EFFECTIVE FROM: 1 July 2023
  • Article 218. Optional establishment of the technical advisory body.

    1. The contracting authorities and granting bodies, through the RUP, may establish, according to the methods set out in Annex V.2, a technical consultative panel, made up of three members, to resolve technical or legal problems of any nature susceptible to also arise in the phase prior to the execution of the contract, including the determination of the characteristics of the works and the other clauses and conditions of the notice or invitation, as well as the verification of possession of the participation requirements and the selection and award criteria. EFFECTIVE: July 1, 2023
  • Article 219. Dissolution of the technical advisory body.

    1. The technical advisory board is dissolved at the end of the execution of the contract or, in cases where its establishment is not mandatory, even at an earlier time by agreement of the parties. EFFECTIVE FROM: 1 July 2023
  • Article 220. Pre-litigation opinions and legitimacy to act of the ANAC.

    1. Upon the initiative of the contracting authority, the granting body or one or more of the other parties, the ANAC expresses an opinion, after cross-examination, on issues arising during the conduct of the tender procedures, within thirty days of receiving the request. The economic operator who has requested the opinion or has agreed to it can challenge it exclusively for violation of the rules of law relating to the merits of the dispute. The contracting authority or granting body that does not intend to comply with the opinion communicates, with a provision to be adopted within fifteen days, the relevant reasons to the interested parties and to the ANAC, which may propose the appeal referred to in paragraph 3. 2. L ANAC is entitled to take legal action to challenge notices, other general documents and provisions relating to contracts of significant impact, issued by any contracting authority, if it deems that they violate the rules on public contracts relating to works , services and supplies. 3. If it considers that a contracting authority has adopted a measure vitiated by serious violations of the code, the ANAC issues, within sixty days of the news of the violation, a reasoned opinion in which it specifically indicates the defects of legitimacy found. With the regulation referred to in paragraph 4, the Authority identifies a maximum deadline, starting from the adoption or publication of the act containing the violation, within which the opinion can be issued. The opinion is sent to the contracting authority. If the contracting authority does not comply within the deadline assigned by the ANAC, in any case not exceeding thirty days from transmission, the Authority may lodge an appeal, within the following thirty days, before the administrative judge, pursuant to article 120 of the code of the administrative process, referred to in annex 1 to the legislative decree of 2 July 2010, n. 104. 4. The ANAC, with its own regulation, may identify the cases or types of measures, also relating to the executive phase, with reference to which it exercises the powers referred to in the previous paragraphs. EFFECTIVE FROM: 1 July 2023

  • PART II - GOVERNANCE


  • Article 221. Address, coordination and monitoring at the Control Room. Service governance

    1. The control room for the public contracts code is established at the Presidency of the Council of Ministers. Its composition and operating methods are governed by Annex V.3. Upon first application of the code, Annex V.3 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, with decree of the President of the Council of Ministers, in agreement with the Minister of Infrastructure and Transport, after consulting the ANAC and the Unified Conference, which replaces it entirely also as an annex to the code. 2. The Control Room it is the institutional headquarters for coordination in the implementation of the code, for the analysis of proposed legislative and regulatory changes, for the direction of contracting authorities, for the sharing of information and for the dissemination of knowledge of the best and worst practices . 3. Each administration involved in the application of the code draws indications and ideas for its own activity from the action of the control room. To this end, for the first two semesters starting from the date on which the code becomes effective, the Control Room establishes a dedicated "one-stop shop for technical support" (help desk) at its secretariat, in collaboration with the structures of the Ministry of infrastructure and transport and ANAC, also sharing the related data and information. The help desk monitors the implementation of the measures contained in the code, supporting their implementation and identifying any critical issues. Within the seventh and thirteenth month starting from the date on which the code becomes effective, the Control Room presents the Government with a report on the help desk activities, suggesting corrective interventions on a regulatory and administrative level if necessary and recommending the best organizational practices and implementation. 4. The Control Room has, among other things, the task of: a) carrying out a survey of the implementation status of the code and the difficulties encountered by the contracting authorities in the application phase, also with a view to proposing possible solutions corrective and improvement; b) supervise, if necessary with a specific action plan, the implementation phase of this code by coordinating the adoption, by the competent subjects, of implementing regulations and guidance documents, as well as their further reorganization in the annex to the code, also in order to ensure their timeliness and mutual coherence; c) examine the proposals for regulatory changes in the matter governed by the code to evaluate their impact on current legislation and guarantee homogeneity and legal certainty, supporting the competent structure of the Presidency of the Council of Ministers in coordinating the various regulatory interventions in the sector and contributing to the 'carrying out analyzes and impact checks of the relevant measures; d) supervise the digitalisation of the public contract system, without prejudice to the exercise of the functions by the ANAC referred to in article 23; e) promote agreements, memoranda of understanding, conventions, including with private associations to facilitate the bankability of public works; f) in relation to public-private partnerships, in coordination with the Department for planning and coordination of economic policy, promote knowledge of the new procedures and facilitate their use among potential participants, including businesses, banks and other financial companies; promote coordination and exchange of information between the parties; identify and disseminate the most appropriate solutions to any application problems and promote the collection and dissemination of data that flow into the database on public-private partnerships pursuant to article 175, paragraph 7. 5. The Control Room reports, on the basis of the information received, any specific violations or systemic problems to the ANAC for the relevant interventions. 6. Every year the Control Room, also making use of the ANAC, presents to the Commission a control report containing, if necessary, information on the most frequent causes of incorrect application or legal uncertainty, including possible structural or recurring problems in the application of the rules, on the level of participation of micro-, small and medium-sized enterprises in public procurement and on the prevention, verification and adequate reporting of cases of fraud, corruption, conflict of interest and other serious irregularities in the field of procurement and concessions. 7. The Control Room is the national reference structure for cooperation with the European Commission for the application of the legislation in matters of public procurement and concessions and for the fulfillment of the obligations of mutual assistance and cooperation between Member States, to ensure the exchange of information on the application of the rules contained in this code and on the management of the related procedures. 8. CIPESS develops specific policies regarding services and supplies, preparing a national plan of strategic services for the country, with a high content of innovation and investment in technology, also through periodic consultations of economic operators. 9. The plan national service organization must also indicate the methods of implementation of the provisions contained therein, and includes the implementation of specific projects, including through the assignment of the same to central purchasing bodies. EFFECTIVE FROM: 1 July 2023
  • Article 222. National Anti-Corruption Authority (ANAC).

    1. The supervision and control of public contracts are attributed, within the limits established by the code, to the National Anti-Corruption Authority (ANAC), which also acts to prevent and combat illegality and corruption. 2. The ANAC, through standard tenders, standard specifications, standard contracts and other general administrative documents, it guarantees the promotion of the efficiency and quality of the activities of the contracting authorities, to which it also provides support by facilitating the exchange of information and the homogeneity of administrative procedures and promotes the development of best practices. Transmits to the Chambers, immediately after their adoption, the acts referred to in the first period considered most relevant in terms of impact, number of operators potentially involved, traceability to criminal cases, anomalous situations or in any case symptomatic of illicit conduct on the part of the contracting authorities . The decisions and acts taken by the ANAC remain contestable before the competent administrative justice bodies. For the adoption of standard tenders, standard specifications, standard contracts and general administrative documents, the ANAC equips itself, in the ways provided for by its own regulations, with forms and methods of consultation, analysis and verification of the impact of the regulation, of adequate publicity, including in the Official Gazette of the Italian Republic, so that the quality of the regulation and the prohibition on introducing or maintaining levels of regulation higher than the minimum levels required by the European directives and the code are respected . The standard tender notices, standard specifications and standard contracts are also published on the ANAC institutional website and can be downloaded from it in such a way as to guarantee their authenticity. 3. Within the scope of the powers attributed to it, the 'ANAC: a) supervises public contracts, including those of regional interest, for works, services and supplies in ordinary sectors and special sectors and on contracts which are classified or which require particular security measures, as well as on contracts excluded from the scope of application of the code; within the scope of supervisory activity in the sectors referred to in letters b), f), l), m) and in all other cases provided for by the code, it may be imposed for ascertained violations, in compliance with the principles set out in law 24 November 1981, n. 689 and according to its regulations, administrative pecuniary sanctions within the minimum limit of 500 euros and the maximum limit of 5,000 euros. Subjection to financial sanctions and any repeat offenses are assessed for the purposes of qualifying contracting authorities pursuant to article 63; b) supervises the correct execution of public contracts; c) reports to the Government and Parliament, with a specific act , particularly serious phenomena of non-compliance or distorted application of sector regulations; d) formulates proposals to the Government regarding necessary changes in relation to current sector regulations; e) prepares and sends the annual report on the the activity carried out, foreseen by article 1, paragraph 2, of law 6 November 2012, n. 190, highlighting the dysfunctions found in the exercise of their functions; f) supervises the qualification system of the executors of public works contracts and exercises the related sanctioning powers; g) supervises the prohibition on the awarding of contracts through procedures other than the ordinary ones and carries out a check on the correct application of the specific derogating regulations foreseen for cases of extreme urgency and civil protection referred to in article 140; h) for assignments of particular interest, carries out collaborative supervision activities implemented following the stipulation of memoranda of understanding with the requesting contracting authorities, aimed at supporting them in the preparation of the documents, in the management of the entire tender procedure and in the contract execution phase; the persistent failure to comply with the indications of the ANAC by the contracting authorities signing the memoranda of understanding, if not adequately motivated, is assessed for the purposes of qualifying the same contracting authorities pursuant to article 63; i) to promote the cost-effectiveness of public contracts and the transparency of purchasing conditions, develops with specific guidance documents, without prejudice to sector regulations, standard costs of works and reference prices of goods and services, among those of greater impact in terms of costs borne by the public administration; for this purpose, on the basis of specific agreements, makes use of the support of ISTAT and other bodies of the National Statistical System, according to the conditions of greater efficiency, and possibly also of the information contained in the databases existing in other public administrations and other subjects operating in the public contracts sector; l) exercises the functions referred to in Article 63 in relation to the qualification of contracting authorities; m) exercises the functions referred to in Article 23 and contributes to the coordination of the digitalisation of the public contracts system by the Control Room. 4. ANAC manages the qualification system of contracting stations and central purchasing bodies. 5. As part of carrying out its activities, ANAC can order inspections, even upon justified request of anyone who is interested, possibly making use of the collaboration of other State bodies as well as the aid of the Financial Police, which carries out the checks and investigations requested by acting with the investigative powers attributed to it for the purposes of investigations relating to the value added tax and income taxes. 6. If it ascertains the existence of irregularities, the ANAC transmits the documents and its findings to the control bodies and, if the irregularities have criminal relevance, to the competent Public Prosecutor's Office. If it is ascertained that the execution of public contracts causes harm to the public treasury, the documents and findings are also transmitted to the interested parties and to the General Prosecutor's Office of the Court of Auditors. 7. ANAC collaborates with the Competition and market for the detection of corporate behavior worthy of evaluation for the purpose of attributing the legality rating of companies referred to in article 5-ter of the legislative decree of 24 January 2012, n. 1, converted, with amendments, by law 24 March 2012, n. 27. The legality rating also contributes to determining the reputation of the company referred to in article 109. 8. For the purposes referred to in paragraph 2, ANAC uses the national database of public contracts referred to in the article 23. 9. In order to allow the fulfillment of the transmission obligations provided for by articles 23, paragraph 5, and 28, paragraph 1, the contracting authority or the granting body sends the data without delay, according to the indications provided by the ANAC with its own provision. Failure to fulfill the obligation is sanctioned pursuant to paragraph 13. For a transitional period of one year, starting from the date on which the code becomes effective, the RUP is not subject to the sanctions that can be imposed for the violation of the information obligations established with respect to of the National Bank of Public Contracts in the event that, within sixty days of communication to the administration to which it belongs, it fulfills all the information obligations with simultaneous self-certification, pursuant to articles 46 and 47 of the consolidated text of the legislative and regulatory provisions on the matter of administrative documentation, pursuant to the decree of the President of the Republic of 28 December 2000, n. 445, relating to the fulfillment of the same. 10. The electronic register of public contracts for works, services and supplies is established in the national database of public contracts. In the register, according to the methods identified by the ANAC, with its own provision, the news, information and data relating to the economic operators with reference to the registrations provided for by article 94 are noted. The ANAC, in the same provision, identifies the further information to be registered in the register, including those relevant for the attribution of the company's reputation referred to in article 109, or for obtaining the qualification certificate referred to in article 103, as well as the duration of the registrations and the method of archiving of the same. In the register, the ANAC directly enters the disqualification measures adopted pursuant to article 94, paragraph 5, letters e) and f). 11. The Arbitration Chamber operates within the ANAC for public contracts relating to works, services, supplies of referred to in article 214. 12. The provisions of article 1, paragraph 67, of law 23 December 2005, n. 266. 13. In compliance with the principles set out in law 24 November 1981, n. 689, the ANAC has the power to impose administrative pecuniary sanctions against subjects who refuse or fail, without justified reason, to provide the information or exhibit the documents requested by it, and against economic operators who do not comply with the request. of the contracting authority or the contracting body to demonstrate possession of the requirements for participation in the award procedure, within the minimum limit of 500 euros and the maximum limit of 5,000 euros. Against subjects who, in response to a request for information or the production of documents by the ANAC, provide information or exhibit untruthful documents or who provide contracting authorities or contracting bodies or certification bodies with untruthful data or documents regarding the possession of the qualification requirements, the ANAC has the power to impose administrative pecuniary sanctions within the minimum limit of 500 euros and the maximum limit of 10,000 euros, without prejudice to any criminal sanction. With its own acts, the ANAC regulates the sanctioning procedures within its competence. 14. The sums deriving from the payment of the sanctions referred to in this article remain at the disposal of the ANAC within the limits of 50 percent and can be used for its institutional activities. The remaining sums are paid into the state budget. The sanctions are published on the ANAC institutional website specifying the amount and the recipients. 15. The list of aggregating entities is established at the ANAC, within the scope of the single registry of contracting authorities. 16. To guarantee the immediate consultation and divided by subject of the flexible regulatory tools adopted by the ANAC however named, the ANAC publishes the aforementioned provisions in such a way as to make the regulations applicable to each procedure immediately accessible to contracting authorities and economic operators. EFFECTIVE FROM: July 1, 2023
  • Article 223. Ministry of Infrastructure and Transport and technical mission structure.

    1. Within the scope of the functions referred to in Legislative Decree 30 July 1999, n. 300, the Ministry of Infrastructure and Transport promotes the technical and administrative activities necessary for the adequate and prompt planning and approval of the infrastructures and carries out, with the collaboration of the regions or autonomous provinces involved, the support activities necessary for supervision, to be part of the competent authority, on the construction of the infrastructures. 2. In carrying out the functions referred to in paragraph 1, the Ministry of Infrastructure and Transport bases its activity on the principle of loyal collaboration with the regions and autonomous provinces and with the local authorities concerned and acquires, in the cases indicated by law , the prior agreement of the regions or autonomous provinces involved. For the purposes referred to in paragraph 1, the Ministry of Infrastructure and Transport, in particular: a) promotes and receives proposals from the regions or autonomous provinces and other contracting bodies; b) promotes and proposes framework agreements between the Government and individual regions or autonomous provinces, for the purpose of joint coordination and creation of infrastructures; c) promotes the drafting of infrastructure feasibility projects by the contracting parties, also through any procedural agreements or agreements between the parties involved; d) provides, possibly in collaboration with the regions, autonomous provinces and other interested bodies with costs at their own expense, the support activities for the CIPESS for the supervision of the awarding activities by the contracting entities and the subsequent construction of the infrastructures and priority settlements for the development of the country referred to in article 39; e) where necessary, collaborates in the activities of the contracting authorities and the granting bodies or the bodies interested in the preliminary investigations with guidance and support actions; f) takes care of the investigation of the feasibility and definitive projects, also for the purposes of their submission to the deliberations of the CIPESS in the case of priority infrastructures and settlements for the development of the country referred to in article 39, proposing any requirements to the same for project approval; for works under the responsibility of the State, the opinion of the Superior Council of Public Works, or of other consultative bodies or commissions, where required by current regulations, is acquired on the technical-economic feasibility project; g) assigns to the contracting parties, from the funds referred to in article 39, the additional financial resources necessary for the project activities; in the case of infrastructures and priority settlements for the development of the country referred to in article 39, proposes, in agreement with the Ministry of Economy and Finance, to CIPESS the assignment to the contracting entities, at the expense of the funds, of the additional financial resources necessary for the construction of the infrastructures, at the same time as the approval of the technical-economic feasibility project and within the limits of available resources, giving priority to the completion of unfinished works; h) verifies the progress of the works also through technical-administrative inspections at the construction sites involved, after having accessed them; to this end, it can make use, where necessary, of the Guardia di Finanza, through the signing of specific memoranda of understanding and of the Service for High Supervision of major works established by decree of the Minister of Infrastructure and Transport of 15 April 2002, published in the Official Gazette of the Italian Republic n. 54 of 5 March 2004. 3. For strategic direction and planning, research, support and high level consultancy, evaluation, design review, monitoring and high surveillance activities of infrastructures, the Ministry of Infrastructure and Transport may make use of a structure mission technique composed of employees within the limits of the approved staff and managers of public administrations, of technicians identified by the regions or autonomous provinces territorially involved, as well as, on the basis of specific professional assignments or coordinated and continuous collaboration relationships, of designers and experts in management of public and private works and administrative procedures. The technical mission structure is established by decree of the Minister of Infrastructure and Transport. The structure can also make use of highly specialized and professional personnel, subject to selection, with fixed-term contracts lasting no more than five years, renewable only once, as well as advisors, from legally recognized state and non-state universities, from research and companies specialized in the design and management of public and private works. The structure also carries out the functions of the public investment evaluation and verification unit, provided for by article 1 of law no. 17 May 1999. 144 and article 7 of the legislative decree of 29 December 2011, n. 228. 4. To facilitate, from the beginning of the preliminary investigation phase, the creation of priority infrastructures and settlements, the Minister of Infrastructure and Transport, after consulting the competent Ministers, as well as the Presidents of the regions or autonomous provinces involved, proposes to the President of the Council of Ministers the appointment of extraordinary commissioners, who follow the progress of the works and provide appropriate guidance and support actions, also promoting activities to prevent the onset of conflicts and disputes, also with reference to the needs of local communities, as well as the necessary agreements between the public and private entities involved. In carrying out the aforementioned activities, and in the case of particular complexity of the same, the extraordinary commissioner may be supported by a sub-commissioner, appointed by the President of the Council of Ministers, upon proposal of the Presidents of the regions or autonomous provinces territorially involved, with charges at the expense of the proposing regions or autonomous provinces or from the resources referred to in paragraph 8. For works not having an interregional or international character, the proposal for the appointment of the extraordinary commissioner is formulated in agreement with the region or autonomous province or the the territorial body concerned. 5. The costs for the functioning of the technical mission structure referred to in paragraph 3 are covered by the funds referred to in article 1, paragraph 238, of law 30 December 2004, n. 311, as well as on the resources assigned annually to the Ministry of Infrastructure and Transport pursuant to law no. 144 of 1999. 6. The President of the Council of Ministers, upon proposal of the Minister of Infrastructure and Transport, having consulted the competent Ministers as well as, for the infrastructures under the responsibility of the regional contracting entities, the presidents of the regions or autonomous provinces involved, authorizes possibly the extraordinary commissioners to adopt, with the methods and powers referred to in article 13 of the legislative decree of 25 March 1997, n. 67, converted, with amendments, by law 23 May 1997, n. 135, in place of the competent subjects, the provisions and acts of any nature necessary for the prompt planning, investigation, assignment and construction of the infrastructures and production facilities. 7. The extraordinary commissioners act autonomously and with the aim of guaranteeing the public interest and report to the Prime Minister, the Minister of Infrastructure and Transport and CIPESS regarding the problems encountered and the initiatives taken and operate according to the directives given by them and with the support of the Ministry of Infrastructure and Transport, and , where existing, of the mission's technical structure and advisors, acquiring, through them, any necessary studies and opinions. Within the limits of the costs authorized pursuant to paragraph 8, the extraordinary commissioners and sub-commissioners make use of the structure referred to in paragraph 3, as well as the competent regional structures and may avail themselves of the support and collaboration of third parties. 8. The decree of the President of the Council of Ministers appointing the extraordinary commissioner identifies the compensation and costs pertinent to the activities to be carried out by the same, as well as the methods of payment of the same from the resources of the economic framework of each intervention, within the limits of the sums allocated for this purpose . 9. To the commissioners appointed pursuant to article 20 of the legislative decree of 29 November 2008, n. 185, converted, with amendments, by law 28 January 2009, n. 2, for the works referred to in this article the provisions of paragraphs 4 to 8 apply. 10. The Ministry of Infrastructure and Transport ensures, also through the Public Contracts Service platform, support and assistance necessary for the contracting authorities for the application of the sector regulations, in collaboration with the regions and autonomous provinces of Trento and Bolzano as part of the activities that they carry out pursuant to the code. EFFECTIVE FROM: 1 July 2023 PART III - TRANSITIONAL, COORDINATION AND REPEAL PROVISIONS

  • PART III - TRANSITIONAL, COORDINATION AND REPEAL PROVISIONS


  • Article 224. Further provisions.

    1. The provisions of articles 215 to 219 also apply to colleges already established and operating on the date of entry into force of the code. 2. From the date on which the code becomes effective with the legislative decree of 16 July 2020, n. 76, converted, with amendments, by law 11 September 2020, n. 120, the following amendments are made: a) in article 1, paragraph 5 is replaced by the following: «5. To the procedures for the assignment of services for the organisation, management and conduct of tests for public competitions referred to in articles 247 and 249 of the legislative decree of 19 May 2020, n. 34, converted, with amendments, by law 17 July 2020, n. 77, the provisions of Book II, Part I, of the public contracts code, referred to in the legislative decree implementing law no. 21 June 2022, apply. 78.»; b) article 2-bis is repealed; c) in article 8, paragraph 1, paragraph, the words: “«and until 30 June 2023»” are deleted. 3. Article 107, paragraph 3, letter a), of the consolidated text of the laws on the organization of local authorities, referred to in legislative decree 18 August 2000, n. 267, the following words are added at the end: «the judging commission, in the case of awarding contracts for an amount lower than the European thresholds with the criterion of the most economically advantageous offer, may be chaired by the sole person responsible for the procedure;». 4. Article 37 of the legislative decree of 14 March 2013, n. 33, is replaced by the following: «Art. 37 – (Publication obligations concerning public contracts for works, services and supplies) – 1. Without prejudice to the provisions of article 9-bis and without prejudice to legal advertising obligations, public administrations and contracting authorities publish the data, the documents and information in accordance with the provisions of article 28 of the public contracts code, referred to in the legislative decree implementing law 21 June 2022, n. 78. 2. Pursuant to article 9-bis, the publication obligations referred to in paragraph 1 are considered fulfilled by sending the same data to the national database of public contracts at the ANAC and to the administration database public pursuant to article 2 of the legislative decree of 29 December 2011, n. 229, limited to the works part.». 5. Article 38, paragraph 2, of the legislative decree of 14 March 2013, n. 33, the words: «in article 21 of the legislative decree of 18 April 2016, n. 50" are replaced by the following: "article 37 of the public contracts code, referred to in the legislative decree implementing law 21 June 2022, n. 78». 6. Article 95, paragraph 5, of the business crisis and insolvency code, referred to in legislative decree 12 January 2019, n. 14, the words: "provided it does not hold the role of agent and" are suppressed. 7. The constitutional bodies adapt their own systems to the principles and criteria referred to in this code within the scope of their organizational autonomy and the prerogatives granted to them constitutionally recognized. 8. The Regions with special statutes and the autonomous provinces of Trento and Bolzano adapt their legislation according to the provisions contained in the respective statutes and the related implementation rules. EFFECTIVE FROM: 1 January 2024 (paragraph 6 takes effect from 1 January 2024)
  • Article 225. Transitional and coordination provisions.

    1. Until 31 December 2023, notices and tenders are published, for the purposes of legal effects, in the Official Journal of the Italian Republic, special series relating to public contracts, by the sixth working day following that of receipt of the documentation from part of the Advertisements Office of the State Printing and Mint Institute. Until 31 December 2023, the provisions of articles 70, 72, 73, 127, paragraph 2, 129, paragraph 4 of the public contracts code, referred to in legislative decree 18 April 2016, n., apply. 50 and of the decree of the Ministry of Infrastructure and Transport adopted in implementation of article 73, paragraph 4 of the same code referred to in legislative decree 18 April 2016, n. 50 of 2016. The costs for the mandatory publication of notices and tender notices are reimbursed to the contracting authority by the successful tenderer within sixty days of the award. The publication of further, complementary or additional information occurs exclusively electronically and cannot entail financial charges for the contracting authority. Until 31 December 2023, publications continue on the platform of the Public Contracts Service of the Ministry of Infrastructure and Transport referred to in Annex B to the Legislative Decree of 14 March 2013, n. 33. From 1 January 2024, articles 27, 81,83, 84 and 85 become effective. 2. The provisions referred to in articles 19, 20, 21, 22, 23, 24, 25, 26, 28, 29 , 30, 31, 35, 36, 37, paragraph 4, 99, 106, paragraph 3, last sentence, 115, paragraph 5, 119, paragraph 5, and 224, paragraph 6 become effective from 1 January 2024. In transitionally, the provisions referred to in articles 21, paragraph 7, 29, 40, 41 paragraph 2-bis, , 44, 52, 53, 58, 74, 81, 85, 105, paragraph 7, 111, paragraph 2-bis , 213 paragraphs 8, 9 and 10, 214, paragraph 6 of the public contracts code, referred to in legislative decree 18 April 2016, n. 50 continue to apply until 31 December 2023 for the performance of activities relating to: a) the drafting or acquisition of documents relating to the procedures for programming, planning, publication, assignment and execution of contracts; b) the transmission of data and documents relating to the procedures referred to in letter a); c) access to the tender documentation; d) the presentation of the single European tender document; e) the submission of tenders; f) the opening and storage of the tender dossier; g) the technical, accounting and administrative control of the contracts also during the execution phase and the management of the guarantees. 3. The qualification requirement referred to in Article 4, paragraph 1, letter c) and Article 6, paragraph 1, letter c) of Annex II 4 is required from 1 January 2024. 4 Upon first application of article 47 and until the implementation of the provisions set out in Annex I.11, the composition of the Superior Council of Public Works and the competences of the sections remain those in force on the date of entry into force of the code, including the provisions of article 45 of the legislative decree of 31 May 2021 n. 77, converted, with amendments, by law 29 July 2021 n. 108. 5. Until the adoption of the regulation referred to in article 13, paragraph 4, the regulation referred to in the decree of the Minister of Foreign Affairs and International Cooperation of 2 November 2017, n. 192. 6. Until the adoption of the regulation referred to in article 136, paragraph 4, the regulation regulating the activities of the Ministry of Defense regarding works, services and supplies referred to in the decree of the President of the Repubblica 15 November 2012, n. 236, as compatible with the provisions of Annex II.20. 7. For the guarantees provided for in article 117, paragraph 12, pending the adoption of the decree provided for therein, the provisions of the Minister's decree apply of economic development 19 January 2018, n. 31. 8. In relation to the award procedures and contracts concerning public investments, also divided into lots, financed in whole or in part with the resources provided for by the PNRR and the PNC, as well as by the programs co-financed by the structural funds of the European Union , including the support infrastructures connected to them, even if not financed with said resources, the provisions of Legislative Decree no. will apply even after 1 July 2023. 77 of 2021, converted, with amendments, by law no. 108 of 2021, to the legislative decree of 24 February 2023, n. 13, as well as the specific legislative provisions aimed at simplifying and facilitating the achievement of the objectives established by the PNRR, by the PNC as well as by the Integrated National Energy and Climate Plan 2030 referred to in Regulation (EU) 2018/1999 of the European Parliament and of the Council, of 11 December 2018. 9. Starting from the date on which the code becomes effective pursuant to article 229, paragraph 2, the provisions of article 23 of the public contracts code, referred to in the legislative decree 18 April 2016, n. 50, continue to apply to ongoing proceedings. To this end, ongoing proceedings mean the procedures for which the design assignment has been formalized on the date on which the code becomes effective. In the event that the task of drafting the technical-economic feasibility project has been formalized before the date on which the code becomes effective, the contracting authority may proceed with the joint assignment of the design and execution of the works on the basis of the technical feasibility project and economic or on the basis of a definitive project drawn up pursuant to article 23 of the public contracts code, of which legislative decree no. 50 of 2016. 10. For interventions included among the strategic infrastructures referred to in the regulations provided for by article 163 et seq. of the code of public contracts relating to works, services and supplies, referred to in legislative decree 12 April 2006, n. 163, already included in the approved programming tools and for which the environmental impact assessment procedure has already been started on the date of entry into force of the public contracts code, referred to in Legislative Decree no. 50 of 2016, the related projects are approved according to the regulations set out in article 163 et seq. of the code of public contracts relating to works, services and supplies, referred to in legislative decree no. 163 of 2006. 11. The procedures for the environmental impact assessment of major works started on the date of entry into force of the public contracts code, referred to in legislative decree no. 50 of 2016, according to the regulations already provided for by articles 182, 183, 184 and 185 of the code of public contracts relating to works, services and supplies, referred to in legislative decree no. 163 of 2006, are concluded in compliance with the provisions and attributions of competence in force at the time of the aforementioned start. The same procedures also apply for variants. 12. The extensions of the declaration of public utility and of the pre-arranged expropriation restriction expiring on projects already approved by CIPESS on the basis of the previous code of public contracts relating to works, services and supplies referred to in Legislative Decree no. 163 of 2006, are approved directly by the contracting entity. By 31 December of each year, the Ministry of Infrastructure and Transport provides information to CIPESS regarding the extensions arranged during the year and the deadlines expiring in the following year. 13. Articles 47, paragraph 1, 83 , paragraph 2, and 216, paragraph 14, of the public contracts code, referred to in legislative decree no. 50 of 2016, are interpreted in the sense that, on a transitional basis, in relation to the consortia referred to in article 45, paragraph 2, letter c), of the same code, for the purposes of participation in tenders and execution the regime of qualification provided for by article 36, paragraph 7, of the code of public contracts relating to works, services and supplies referred to in legislative decree no. 163 of 2006 and articles 81 and 94 of the execution and implementation regulation referred to in the decree of the President of the Republic of 5 October 2010, n. 207. Article 47, paragraph 2-bis, of the public contracts code, referred to in legislative decree no. 50 of 2016, is interpreted in the sense that, in service and supply contracts, the existence of the stable consortia of the requirements requested in the tender notice for the awarding of services and supplies is assessed following verification of the actual existence of the aforementioned requirements for individual consortium members, even if different from those designated in the tender. 14. If, within ninety days from the date on which the code becomes effective pursuant to article 229, paragraph 2, government regulations are issued or ministerial regulations are adopted replacing annexes to the code, the content of which is identical to that of the annex itself, the opinion of the Council of State and the parliamentary commissions is not obtained on the draft regulations. 15. Except as provided for in paragraph 14, the draft regulations referred to in articles 17, paragraph 3, 40, paragraph 2, 41, paragraphs 2 and 4, 45, paragraph 1, 47, paragraph 4, 54, paragraph 3, 61, paragraph 5, 70, paragraph 3, 71, paragraph 5 , 84, paragraph 1, 89, paragraph 2, 100, paragraph 3, 105, paragraph 1, 106, paragraph 8, 114, paragraph 5, 120, paragraph 14, 135, paragraph 3, 182, paragraph 2 and 213, paragraph 15 , are transmitted to the Chambers for the purpose of acquiring the opinions of the competent parliamentary commissions which express their opinion within thirty days, after which the regulations can in any case be issued or adopted. 16. Starting from the date on which the code becomes effective pursuant to of article 229, paragraph 2, in place of the ANAC regulations and guidelines adopted in implementation of the public contracts code, referred to in legislative decree no. 50 of 2016, where not otherwise provided for by this code, the corresponding provisions of this code and its annexes apply. EFFECTIVE FROM: 1 July 2023
  • Article 226. Repeals and final provisions.

    1. Legislative decree 18 April 2016, n. 50, is repealed from 1 July 2023. 2. Starting from the date on which the code becomes effective pursuant to article 229, paragraph 2, the provisions of legislative decree no. 50 of 2016 continue to apply exclusively to ongoing proceedings. To this end, ongoing proceedings mean: a) procedures and contracts for which the tenders or notices indicating the procedure for choosing the contractor have been published before the date on which the code becomes effective; b) in the case of contracts without publication of tenders or notices, the procedures and contracts in relation to which, on the date on which the code becomes effective, notices to submit offers have already been sent; c) for urbanization works deducting the construction contribution, subject to urban planning agreements or similar deeds however denominated, the procedures in which the aforementioned agreements or deeds were stipulated before the date on which the code becomes effective; d) for the amicable agreement procedures referred to in articles 210 and 211, settlement and arbitration, the procedures relating to disputes concerning public contracts, for which the notices or notices were published before the date on which the code becomes effective, or, in the event of failure to publish tenders or notices, the notices to submit offers have been sent before the aforementioned date. 3. Without prejudice to the provisions of article 225, they are repealed from 1 July 2023 : a) the royal decree of 3 May 1923, n. 1612; b) article 11, paragraph 5, letters d) and f), of law 23 December 1992, n. 498; c) the decree of the President of the Republic of 27 April 2006, n. 204; d) article 1, paragraph 32, of law 6 November 2012, n. 190; e) the decree of the Minister of Economic Development of 7 June 2017, n. 122; f) the decree of the Minister of Cultural Heritage and Activities and Tourism of 22 August 2017, n. 154; g) the decree of the Minister of Economy and Finance of 28 September 2022, published in the Official Journal of the Italian Republic no. 239 of 12 October 2022. 4. Without prejudice to the provisions of article 225, the decree of the Minister of Infrastructure and Transport of 2 December 2016, published in the Official Gazette of the Italian Republic no., is repealed from 1 January 2024. 20 of 25 January 2017. 5. Any reference in legislative, regulatory or administrative provisions in force to the legislative decree of 18 April 2016, n. 50, or to the public contracts code in force on the date of entry into force of the code, is understood to refer to the corresponding provisions of the code or, in their absence, to the principles deducible from the code itself. EFFECTIVE: July 1, 2023
  • Article 227. Updates.

    1. Any regulatory intervention affecting the provisions of the code and its annexes, or on the matters regulated by them, is implemented through explicit modification, integration, derogation or suspension of the specific provisions contained therein. EFFECTIVE FROM: 1 July 2023
  • Article 228. Financial invariance clause.

    1. The implementation of this code and its annexes must not result in new or greater burdens on public finances. 2. The administrations concerned shall ensure the obligations set out in this code and its annexes with human, instrumental and financial resources available under current legislation. EFFECTIVE FROM: 1 July 2023
  • Article 229. Entry into force.

    1. The code comes into force, with the related annexes, on 1 April 2023. 2. The provisions of the code, with the related annexes become effective on 1 July 2023. EFFECTIVE FROM: 1 July 2023

  • ATTACHMENTS


  • Annex I.1 Definitions of subjects, contracts, procedures and tools.

    (Article 13, paragraph 6)

     

    Article 1.

    Definitions of subjects

    1. In the code it is meant by:

    a) «contracting authority», any entity, public or private, which awards contracts for works, services and supplies and who is in any case required, when choosing the contractor, to comply with the code;

    b) «granting body», any contracting authority or contracting body, or other public or private entity, which awards contracts for the concession of works or of services and which is in any case required, when choosing the contractor, to comply with the code;

    c) «central administrations», Presidency of the Council of Ministers, Ministry of Foreign Affairs and international cooperation, Ministry of the Interior (including the Prefectures-Territorial Government Offices and the regional and interregional fire brigade directorates), Ministry of Justice and judicial offices (excluding justices of the peace), Ministry of Defence, Ministry of Economy and Finance, Ministry of Business and Made in Italy, Ministry of Agriculture, Food Sovereignty and Forestry, Ministry of the Environment and Energy Security, Ministry of Infrastructure and Transport, Ministry of Labor and Social Policies (including its peripheral branches), Ministry of Health, Ministry of Education and Merit, Ministry of University and Research, Ministry of Culture (including its peripheral branches), Ministry of Tourism, CONSIP SpA (only when CONSIP acts as central commissioning for central administrations), National Agency for assets seized and confiscated from organized crime and the legal entities that succeeded them;

    d) «sub-central administrations» , all public administrations other than the central administrations referred to in letter c);

    e) «body governed by public law», any entity, even having a corporate form:

    1) endowed with legal capacity;

    2) established to specifically satisfy needs of general interest, through the carrying out of an activity devoid of character industrial or commercial;

    3) whose activity is financed mostly by the State, by local public bodies or by other bodies governed by public law, or whose management is subject to the control of the latter, or the whose administrative, management or supervisory body is made up of members, more than half of whom are designated by the State, local public bodies or other bodies governed by public law;

    f) « public enterprise», the enterprise over which the contracting authorities can exercise, directly or indirectly, a dominant influence either because they are its owners, or because they have a financial participation in it, or in by virtue of the rules governing that company. Dominant influence is presumed when the contracting authorities, directly or indirectly, with respect to the company, alternatively or cumulatively:

    1) hold the majority of the subscribed capital;

    2) control the majority of votes to which the shares issued by the company are entitled;

    3) can designate more than half of the members of the company's board of directors, management or supervisory board;

    g) «subjects holders of exclusive or special rights», the holders of rights granted by the State or local authorities or by other public administrations through legislative or regulatory acts or administrative, adequately published, having the effect of reserving, respectively, to one or more economic operators the exercise of the activities envisaged by articles 146 to 152 of the code and of substantially affecting the ability of other entities to carry out this activity. Rights granted by virtue of a public procedure based on objective criteria and capable of guaranteeing adequate transparency do not constitute exclusive or special rights;

    h) «joint venture», the association between contracting authorities or granting bodies, aimed at the implementation of a project or a series of projects or certain agreements of a commercial or financial nature;

    i) «central purchasing body», a contracting authority or a granting body that provides centralization of commissioning activities in favor of other contracting authorities or granting bodies and, if necessary, support activities for the commissioning activity;

    l) «economic operator», any person or entity, including non-profit, which, regardless of its legal form and public or private nature, can offer services on the market, pursuant to national law of works, services or supplies corresponding to those covered by the public tender procedure;

    m) «temporary grouping», a group of entrepreneurs, or suppliers, or service providers, established or constituting, also by private agreement, for the purpose of participating in the procedure for awarding a specific public contract through the submission of a single offer;

    n) «contractor», an economic operator to which a contract or concession is entrusted;

    o) «micro, small and medium-sized enterprises», companies as defined in recommendation no. 2003/361/EC of the European Commission, of 6 May 2003;

    p) «aggregating subjects», the subjects referred to in article 9 of the legislative decree of 24 April 2014, n. 66, converted, with amendments, by law 23 June 2014, n. 89, registered by right in the ANAC list pursuant to article 63, paragraph 4, of the code;

    q) «contracting authorities», the State administrations, the bodies territorial public bodies, other non-economic public bodies, bodies governed by public law, associations, unions, consortia, however named, constituted by said subjects;

    r) «contracting bodies», the subjects indicated in Article 7 of Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014;

    s) 'candidate' means an economic operator who has requested an invitation or has been invited to participate in an restricted procedure, a competitive procedure with negotiation, a negotiated procedure without prior publication of a contract notice, a competitive dialogue or an innovation partnership or a procedure for the award of a concession;

    t) «qualified contracting authority», any entity, public or private, qualified pursuant to Annex II.4 to the code for the assignment of works for an amount equal to or greater than 500 thousand euros and for the acquisition of services and supplies of an amount equal to or greater than the thresholds established for direct assignments.

     

    Article 2.< /a>

    Definitions of contracts.

    1. In the code we mean:

    a) «contracts» or «public contracts», contracts, even other than tenders and concessions, concluded by a contracting authority or a granting body;

    b) «procurement contracts" or "public procurement", onerous contracts stipulated in writing between one or more economic operators and one or more contracting authorities and having as their object the execution of works, the supply of goods or the provision of services;

    c) «concession contracts» or «concessions», the onerous contracts stipulated in writing under penalty of nullity by virtue of which one or more contracting authorities or one or several contracting entities entrust the execution of works or the provision and management of services to one or more economic operators, where the consideration consists solely in the right to manage the works or services covered by the contracts or in this right accompanied by a price;< /p>

    d) «contracts for complex works», contracts concerning works characterized by particular complexity in relation to the type of works, the use of innovative materials and components, the need to coordinate heterogeneous disciplines or execution in places that present logistical difficulties or particular geotechnical, hydraulic, geological and environmental problems. In any case, all those jobs for which a high level of knowledge is required to mitigate the risk of lengthening contractual times or exceeding expected costs, or to protect the health and safety of the workers involved are complex;

    e) «highly labour-intensive contracts», contracts in which the cost of labor is equal to or greater than 50 percent of the total amount of the fees ;

    f) «onerous contracts», contracts for reciprocal services or which, in any case, directly provide for mutual benefits and economic sacrifices to all contracting parties;

    g) «free contracts», contracts in which the obligation to perform or the economic sacrifices directly foreseen in the contract they burden only one or some of the contracting parties;

    h) «active contracts», contracts which do not produce expenditure and from which an income for the public administration;

    i) «availability contract», the contract with which an economic operator undertakes, towards a consideration and with the organization of the necessary means and with management at one's own risk, to carry out and allow the contracting authority to enjoy a work, intended for the exercise of a public service. The economic operator guarantees the best enjoyment of the work, keeping it in a state suitable for the agreed use and eliminating defects, even if they arise, at his own expense. The contract may provide for the transfer of ownership to the administration of the work, towards the payment of a further fee;

    l) «donations», contracts by which, in a spirit of liberality, one party enriches the other, disposing of a right in favor of the latter or assuming an obligation towards the latter;

    m) «excluded contracts», the contracts provided for in Section II of Chapter I of Title I of Directive no. 2014/23/EU, of the European Parliament and of the Council, of 26 February 2014, from Section 3 of Chapter I of Title I of Directive 2014/24/EU, from Section 2 of Chapter I of Title I of Directive 2014/25/ EU, of the European Parliament and of the Council, of 26 February 2014, which do not fall within the scope of application of the code;

    n) «framework agreement», the agreement concluded between one or more contracting authorities and one or more economic operators, the purpose of which is to establish the clauses relating to the contracts to be awarded during a given period, in particular as regards prices and, where appropriate , the quantities envisaged;

    o) «social clauses», provisions which require an employer to comply with certain standards of social protection and of work as a condition for carrying out economic activities under contract or concession or for accessing legal benefits and financial incentives.

     

    Article 3.

    Definitions of procedures and tools.

    1. In the code we mean by:

    a) «assignment of the contract», the act or procedure through which the contract is awarded to the economic operator selected or chosen by the contracting authority or the granting body;

    b) «written» or «in writing», a set of words or digits that can be read, reproduced and then communicated, including information generated, transmitted and stored by electronic means and with e-procurement platforms;

    c) «public tender procedure», the selective procedure through a tender between economic operators which, in compliance with European Union law and the regulations dictated by the code, is finalized through the comparative evaluation of the offers and the selection of the contractor, to the awarding of the contract;

    d) «direct award», the awarding of the contract without a procedure of the tender, in which, even in the case of prior consultation with several economic operators, the choice is made at the discretion of the contracting authority or the granting body, in compliance with the qualitative and quantitative criteria referred to in article 50, paragraph 1, letters a) and b), of the code and of the general or special requirements provided for by the same code;

    e) «in house assignment», the assignment of a procurement or concession contract carried out directly to a legal person governed by public law or private law defined by article 2, paragraph 1, letter o), of the consolidated law on publicly held companies, referred to in legislative decree 19 August 2016, n. 175 and under the conditions respectively indicated by Article 12, paragraphs 1, 2 and 3, of Directive 24/2014/EU and by Article 17, paragraphs 1, 2 and 3 of Directive 23/2014/EU, as well as, for the sectors special, from Article 28, paragraphs 1, 2 and 3, of Directive 24/2014/EU;

    f) «open procedures», award procedures in which any interested economic operator can submit an offer;

    g) «restricted procedures», the award procedures in which any economic operator can request to participate and in which only economic operators invited by the stations can submit an offer contracting bodies and the granting bodies, in the manner established by the code;

    h) «negotiated procedures», the award procedures in which the contracting authorities and the granting bodies consult the economic operators chosen by them and negotiate the conditions of the contract with one or more of them;

    i) "competitive dialogue", an award procedure in which the contracting authority initiates a dialogue with the candidates admitted to this procedure, in order to develop one or more solutions capable of satisfying its needs and on the basis of which the selected candidate(s) are invited to submit offers. Any economic operator may request to participate in this procedure;

    l) «design competitions», the procedures intended to provide contracting authorities, in sector of architecture, engineering, restoration and protection of cultural and archaeological heritage, urban and territorial planning, landscape, naturalistic, geological, urban greenery and agronomic forest landscape, data processing systems, as well as in the sector for the safety and mitigation of hydrogeological and hydraulic impacts, a plan or project, selected by a judging commission on the basis of a tender, with or without the awarding of prizes;

    m) « localization of public works», the procedure through which the area on which to carry out a public work of state interest is identified and its urban planning compatibility is ascertained;

    < p>n) «public works of state interest», works carried out by state administrations or in any case works in state areas, as well as works to be carried out by any other body institutionally competent, intended to serve public interests not limited to the territory of a single region;

    o) «urban regeneration interventions», interventions that have the aim of combating land consumption, encouraging the recovery, reuse and valorisation of the existing building heritage and urban fabrics, encouraging compatible uses of public and private buildings and spaces, as well as promoting urban and architectural quality;

    p) «life cycle of the public contract», the set of activities, including those of an administrative and non-contractual nature, which pertain to programming, design, publication, assignment and execution of the contract;

    q) «methods and tools for digital information management of constructions», methodologies, processes and technologies enabled by formulation of information requirements and data modeling, which allow collaboration and exchange of structured data between interested parties during all phases of the life cycle, in particular aimed at mitigating and managing risks, improving the feasibility study and increase the effectiveness of a public investment, in the design, construction and management phases in the life cycle of physical assets such as buildings, infrastructures and networks;

    r) «design error or omission», the inadequate assessment of the state of fact, failure or incorrect identification of the binding technical regulations for the design, failure to comply with the pre-established functional and economic requirements resulting from a written test, violation of the rules of diligence in the preparation of the documents, errors, inaccuracies or design omissions;

    s) «functional lot», a specific object of a contract or concession to be awarded also with a separate and autonomous procedure, or parts of a job or general service whose design and implementation is such as to ensure functionality, usability and feasibility regardless of the implementation of the other parts;

    t) «performance lot», a specific object of a contract or concession to be awarded also with a separate and autonomous procedure, defined on a qualitative basis, in compliance with the various categories and specializations present or in compliance with the various subsequent phases of the project;

    u) «quantitative lot», a specific functionally autonomous object of contract or concession to be awarded also with a separate and autonomous procedure, defined on a purely quantitative, in accordance with the various categories and specializations present or in accordance with the various subsequent phases of the project adapted to the economic-financial capacity of medium and small businesses;

    v) «institutional site », the website of the contracting authorities and granting bodies, containing the "Tender notices and contracts" section, in which the documents, data and information required by the code and the annex are published II.6. For subjects required to apply the legislative decree of 14 March 2013, n. 33, the subsection Tenders and contracts” is located in the “Transparent Administration” section;

    z) «auxiliary commissioning activities», activities that consist of providing support to client activities, in particular in the following forms:

    1) technical infrastructures that allow contracting authorities to award public contracts or conclude agreements framework for works, supplies or services;

    2) consultancy on the conduct or design of procurement procedures;

    3) preparation of procurement procedures in the name and on behalf of the contracting authority interested;

    4) management of procurement procedures in the name and on behalf of the contracting authority concerned;

    aa) «global services», the complex of heterogeneous services, necessary for the completion, management, maintenance, financing of a work or service, and functional to the best pursuit of the administrative result, also in terms of efficiency and quality, of which is guaranteed by the economic operator;

    bb) "work", the result of a set of works, which in itself performs an economic or technical function. The works include both those that are the result of a set of building or civil engineering works, and those of environmental defense and protection, agronomic and forestry protection, landscaping and naturalistic engineering;

    cc) «purchase tools», acquisition tools that do not require opening of competitive comparison. The purchasing instruments include:

    1) the framework agreements referred to in article 26 of law 23 December 1999, n. 488, stipulated, pursuant to current legislation, by CONSIP SpA and by the aggregating entities;

    2) the framework agreements stipulated by central purchasing bodies when specific contracts are awarded without reopening the competitive comparison;

    3) the electronic market created by the central purchasing body in the case of purchases made from the catalogue;

    dd) «negotiation tools», acquisition tools that require the opening of competitive comparison. They are among the negotiation tools:

    1) the framework agreements stipulated by central purchasing bodies in the event that specific contracts are awarded with the reopening of the competitive comparison;

    2) the dynamic procurement system created by central purchasing bodies;

    3) the electronic market created by central purchasing bodies in the case of purchases made through competitive comparison;

    4) the systems created by central purchasing bodies which in any case allow the carrying out of the procedures pursuant to this code;

    ee) «piecework», the entrustment of only the subcontractable work to a subcontracting company in possession of the certification of the necessary qualification requirements in relation to the total amount of the works entrusted and not to the amount of the contract, which may be lower due to the possible direct supply, in whole or in part, of materials, equipment and means of work by the executor.

     

  • Annex I.2 Activities of the RUP.

    (Article 15)

     

    Article 1.

    < p>Scope of application.

    1. This annex regulates the requirements and duties of the sole project manager (RUP) for the awarding of contracts and concessions, pursuant to Article 15 of the code.

     

    Article 2.

    Methods for identifying the RUP.

    1. The RUP is identified, in compliance with the provisions of article 15, paragraph 2, of the code, and articles 4 and 5 of this annex, among permanent employees even without managerial qualifications. The RUP carries out its tasks with the support of the contracting authority's employees.

    2. The functions of RUP cannot be assumed by subjects who have been convicted, even with a sentence that has not become final, for the crimes provided for in Chapter I of Title II of the second book of the penal code, pursuant to article 35- bisof the legislative decree 30 March 2001, n. 165.

    3. The RUP must be equipped with professional skills appropriate to the task to be carried out. For works and services relating to engineering and architecture, the RUP must be a technician. Where no such professional figure is present, the responsibilities are attributed to the manager or manager of the service within whose sphere of competence the intervention to be carried out falls. In other cases, the contracting authority can identify an employee as RUP even if he does not possess the required requirements. In the event that an RUP is identified that lacks the required requisites, the contracting authority entrusts the carrying out of the support activities to the RUP to other employees in possession of the deficient requirements of the RUP or, in their absence, to external parties with the specific skills required from the code and this annex. Those entrusted with support activities must be insured with professional civil liability insurance for the risks deriving from carrying out the activities under their responsibility.

     

    Article 3.

    Support structure.

    1. Pursuant to Article 15, paragraph 6, of the code, the contracting authority may establish a stable structure to support the RUP and may confer, upon proposal of the latter, tasks for the best implementation of the public intervention, in the case of tenders of particular complexity that require highly specialized assessments and skills. The RUP support structure can also be established jointly between several contracting authorities, subject to the signing of agreements pursuant to article 15 of law 7 August 1990, n. 241.

     

    Article 4.

    Professionalism requirements of the RUP for contracts, work concessions and services relating to engineering and architecture.

    1. The RUP must be a technician authorized to practice the profession, or, when qualification is not required by current regulations, a technician with a non-managerial qualification who must be in possession of a qualification and specific experience and professional training. Professional training is subject to constant updating pursuant to article 15, paragraph 7, of the code. The RUP must have gained adequate experience in carrying out activities similar to those to be carried out in terms of nature, complexity and/or amount of the intervention:

    a) at least one year for contracts of less than 1,000,000 euros;

    b) at least three years for contracts of an amount equal to or greater than 1,000,000 euros and less than the threshold referred to in article 14 of the code;

    c) at least five years for contracts of an amount equal to or greater than the threshold referred to in article 14 of the code.

    2. In the absence of qualification to practice the profession, the RUP is a technician in possession of experience in the sector of contracts referred to in paragraph 1, of at least five years, also attested by the length of service accrued.

    3. The RUP can also carry out the functions of designer or works manager for one or more interventions and within the limits of his professional skills. The functions of RUP, designer and works manager cannot coincide in the case of complex works or works of particular importance from an architectural, environmental, historical-artistic and conservative, as well as technological, point of view, as well as in the case of integral projects or large-scale interventions. equal to or greater than the threshold referred to in article 14 of the code.

    4. In procedures for the awarding of particularly complex works, the RUP possesses, in addition to at least five years of professional experience in the planning, design, assignment or execution of contracts and works concessions, a master's or specialist degree in the subjects object of the intervention to be entrusted as well as adequate competence as a Project Manager, also acquired through successful attendance of training courses on Project Management.

     

    Article 5.

    Professionalism requirements of the RUP in service and supply contracts .

    1. The RUP must be in possession of an adequate level of qualification and professional experience subject to constant updating pursuant to Article 15, paragraph 7, of the code, gained in carrying out activities similar to those to be carried out in terms of nature, complexity and amount of the intervention, in relation to the type and extent of the services and supplies to be entrusted.

    2. Specifically, the RUP must have experience in the sector of service and supply contracts, also attested by the length of service accrued:

    a) at least one year for amounts lower than the threshold referred to to article 14 of the code;

    b) at least three years for amounts equal to or greater than the threshold referred to in article 14 of the code.

    3. For supplies or services characterized by particular technical characteristics, such as: medical devices, fire-fighting devices, IT and telematic systems, the contracting authority may require, in addition to the experience requirements referred to in paragraph 2, the possession of a master's degree as well as proven specifications skills.

     

    Article 6.

    Tasks of the RUP common to all contracts and phases.

    1. The RUP, also making use of the phase managers appointed pursuant to Article 15, paragraph 4, of the code, coordinates the implementation process of the public intervention in compliance with the times, estimated costs, required quality and scheduled maintenance. For the execution phase, it supervises, in particular, compliance with the rules established to safeguard the safety and health of workers.

    2. The RUP has the following specific tasks:

    a) formulates proposals and provides data and information for the purpose of preparing the three-year program of public works and the three-year program of purchases of goods and services to be adopted pursuant to the article 37, paragraph 1, letter a), of the code. It also prepares the annual list to be approved pursuant to article 37, paragraph 1, letter b) of the code;

    b) ensures the free availability of necessary areas and buildings and, in the case of works, the urban planning regularity of the public intervention or promotes the start of urban planning variant procedures;

    c) proposes to the contracting authority the conclusion of a program agreement when the integrated and coordinated action of different administrations is necessary;

    d) proposes the announcement or, where competent, calls the services conference, when it is necessary or useful for the acquisition of agreements, opinions, concessions, authorisations, permits, licences, clearances, consents, however denominated;

    e) carries out the project verification activities for works worth less than one million euros and ensures compliance with the design verification procedure pursuant to article 42 of the code; signs the validation of the project based on the tender together with the person responsible for the design phase, where appointed pursuant to Article 15, paragraph 4, of the code, referring to the final report drawn up by the person in charge of the verification, and to any counter-arguments of the designer. In case of disagreement on the results of the verification, the RUP provides adequate reasons;

    f) ascertains and certifies the conditions which require not to divide the contract into lots pursuant to article 58, paragraph 2, of the code;

    g) decides on the assignment of works, services and supplies, the type of contract to be stipulated, the award criterion to be adopted;

    h) requests the contracting authority to appoint the judging commission in the case of award with the offer criterion economically more advantageous pursuant to article 93 of the code;

    i) promotes the establishment of the works management office;

    l) provides for the acquisition of the CIG in the event that a person responsible for the assignment phase is not appointed ;

    m) is responsible for the obligations prescribed by article 1, paragraph 32, of law 6 November 2012, n. 190.

    3. The RUP also exercises all the powers attributed to it by specific provisions of the code and, in any case, carries out all tasks relating to the implementation of the public intervention that are not specifically attributed to other bodies or subjects.

     

    Article 7.

    Specific tasks of the RUP for the assignment phase.

    1. The RUP:

    a) carries out the verification of the administrative documentation if a phase manager is not appointed pursuant to Article 15, paragraph 4, of the code or a specific office or service designated for this purpose is not established , on the basis of the organizational provisions of the contracting authority; in any case exercises coordination and verification functions, aimed at ensuring the correct carrying out of the procedures and adopts the decisions resulting from the evaluations carried out;

    b) carries out the verification of adequacy of the offers in case of award with the of the lowest price; in case of particular complexity of the assessments or the specificity of the skills required, it may make use of the support structure established pursuant to article 15, paragraph 6, of the code, or of a specially appointed commission;

    c) carries out checks on abnormally low offers with the possible support of the commission appointed pursuant to article 93 of the code;

    d) arranges exclusions from tenders;

    e) in case of procedure which provides for the award with the criterion of the most economically advantageous offer, can carry out all the activities which do not imply the exercise of evaluative powers, which are the responsibility of the judging commission;

    f) when the criterion of the award is that of the lowest price, the RUP can proceed directly to the evaluation of the economic offers;

    g) adopts the final provision of the procedure when, based on the regulations of the contracting authority, it has the power to demonstrate its will outside.

    2. The RUP also exercises all the powers attributed to it by specific provisions of the code and, in any case, carries out all tasks relating to the assignment phase that are not specifically attributed to other bodies or subjects.

     

    Article 8.

    Specific tasks of the RUP for the execution phase.

    1. The RUP:

    a) imparts to the works director, with service instructions, the instructions necessary to guarantee the regularity of the same;

    b) authorizes the works director to deliver the themselves;

    c) supervises, together with the works manager and the safety coordinator during the execution phase, compliance with the safety obligations relating to the services subcontracted;

    d) adopts the acts of competence following the initiatives and reports of the safety coordinator during the execution phase after consulting the director of works, where these figures do not coincide;

    e) carries out, upon delegation of the person referred to in Article 26, paragraph 3, of Legislative Decree 9 April 2008, n. 81, the tasks envisaged therein, if the preparation of the safety and coordination plan is not foreseen;

    f) assumes the role of project manager, for the purposes of compliance with the regulations on the safety and health of workers in the workplace. The RUP, in carrying out the role of project manager, unless otherwise indicated and without prejudice to the tasks and responsibilities referred to in articles 90, 93, paragraph 2, 99, paragraph 1, and 101, paragraph 1, of Legislative Decree no. . 81 of 2008, requires the appointment of the safety coordinator in the design phase and the safety coordinator in the execution phase of the works;

    g) before the delivery of the works, takes into account any additional proposals to the safety and coordination plan formulated by the economic operators, when this plan is provided for pursuant to Legislative Decree no. 81 of 2008;

    h) transmits to the manager or other competent body of the contracting authority, having heard the director of the works, the coordinator's proposal for the execution of the works relating to the suspension, removal of the executor or subcontractors or self-employed workers from the construction site or upon termination of the contract;

    i) ascertains, together with the works manager, that the services covered by the availment contract are carried out directly by the human and instrumental resources of the auxiliary company that the contract holder uses in fulfillment of the obligations deriving from the contract of availment;

    l) authorizes modifications to the procurement contracts in progress also upon proposal of the works manager;

    m) approves the prices relating to new works not originally foreseen, determined in contradictory between the director of the works and the entrusted company, leaving to the evaluation of the contracting authority the price variations that involve greater expenses compared to the sums foreseen in the economic framework;

    n) imposes penalties for delayed compliance of the contractual obligations in consultation with the contractor, also on the basis of the indications provided by the works manager;

    o) orders the suspension of the works for reasons of public interest or necessity, within the limits and with the expected effects by article 121 of the code;

    p) orders the resumption of work and the execution of the contract as soon as the causes of the suspension have ceased and indicates the new deadline for concluding the contract, calculated taking into account the duration of the suspension and the effects produced by it;

    q) activates the definition with amicable agreement, pursuant to article 210 of the code, of the disputes that arise in each phase of implementation of the intervention and is heard on the settlement proposal to the pursuant to article 212, paragraph 3, of the code;

    r) proposes the termination of the contract whenever the conditions are met;

    s) issues the payment certificate, subject to verifies the regular contributions of the contractor and subcontractors, and sends it to the contracting authority for the purpose of issuing the payment order;

    t) upon positive outcome of the testing or verification of conformity, issues the payment certificate;

    u) issues to the entrusted company a certified copy of the certificate of completion of the works and the certificate of execution of the works;

    v) supervises compliance with the contractual provisions in the concessions.

    p>

    2. The powers of the RUP indicated in paragraph 1, connected to any disputes or technical disputes of any nature that may arise in the execution of contracts, are exercised in accordance with articles 215 and 216 of the code.

    3. The RUP also carries out, within the limits of his professional skills, the functions of director of the execution of the contract.

    4. The director of the execution of the contract is a person other than the RUP in the following cases:

    a) services for an amount exceeding the thresholds referred to in article 14 of the code;

    b) particularly complex interventions from a technological point of view;

    c) services that require the contribution of a plurality of skills;

    d) interventions characterized by the use of innovative components or production processes or by the need for high performance with regards to their functionality;

    e) for reasons concerning internal organization to the contracting authority, which require the involvement of an organizational unit different from that to which the subjects who handled the assignment belong.

    5. The RUP also exercises all the powers attributed to it by specific provisions of the code and, in any case, carries out all tasks relating to the execution phase that are not specifically attributed to other bodies or subjects.

     

    Article 9.

    The RUP in aggregate purchases, centralized purchases and in the case of agreements between administrations.

    1. Without prejudice to the provisions of article 15 of the code, in cases of aggregate purchases, the contracting authorities appoint an RUP for each purchase.

    2. The RUP, in coordination with the execution director, where appointed, assumes the tasks of care, control and supervision of the acquisition process with particular reference to the activities of:

    a) planning of needs;

    b) design, relating to the identification of the essential characteristics of the requirement or the technical elements for drawing up the specifications;

    c) contractual execution;

    d) verification of performance compliance.

    3. The requirements of the RUP are established pursuant to article 5. The contracting authority may provide for exceptions to the provisions of article 5, in consideration of the fewer activities assigned to the RUP, without prejudice to the obligation to guarantee professionalism and competence adequate for carrying out of the specific tasks entrusted.

    4. The RUP of the aggregation module carries out the following activities:

    a) planning, relating to the collection and aggregation of needs and the scheduling of the tenders to be carried out;

    b) planning of interventions with reference to the procedure to be carried out;

    c) assignment;

    d) execution to the extent applicable.

    5. Without prejudice to the provisions of article 15 of the code, in cases of non-aggregated purchases by unions, associations or consortia, the municipalities appoint the RUP for the phases of competence and the same is, as a rule, designated as responsible for the individual tender within the chosen association or consortium module, according to the methods established by the respective regulations.

    6. Without prejudice to the provisions of article 15 of the code, in the case of purchases managed entirely, at each stage, by the chosen associative or consortium module, the RUP is designated solely by the latter.

    7. In the case of centralized purchasing, the tasks and functions of the RUP, designated by the central purchasing body, concern the activities within the competence of the central purchasing body as they are aimed at the creation and provision of purchasing and negotiation tools for the contracting authorities. The tasks and functions of the manager designated by the contracting authority, in the case of recourse to purchasing and negotiation tools of central purchasing bodies, concern the activities within his/her competence as they are aimed at carrying out the specific purchase and contractual execution. The provisions of article 15, paragraph 2, of the code remain unchanged.

    8. In the case of agreements concluded between two or more contracting authorities pursuant to the law of 7 August 1990, n. 241, article 62, paragraph 14, of the code applies.

     

  • Annex I.3 Terms of procurement procedures.

    (Article 17, paragraph 3)

     

    1. Pursuant to Article 17, paragraph 3, of the code, tenders and concessions are concluded within the following maximum terms, where the criterion of the most economically advantageous offer based on the best relationship between quality and price or on the cost of the cycle is used of life:

    a) open procedure: nine months;

    b) restricted procedure: ten months;

    c) competitive procedure with negotiation: seven months;

    d) negotiated procedure without prior publication of a tender notice: four months;

    e) competitive dialogue: seven months;

    f) partnership for innovation: nine months.

    2. The terms for the conclusion of tenders conducted according to the lowest price criterion are as follows:

    a) open procedure: five months;

    b) restricted procedure: six months;

    b) restricted procedure: six months; p>

    c) competitive procedure with negotiation: four months;

    d) negotiated procedure without prior publication of a tender notice: three months.

    3. The terms start from the publication of the tender notice or from the sending of the invitations to offer, until the awarding of the best offer, and cannot be suspended even during pending litigation on the procedure unless following a precautionary measure from the administrative judge.< /p>

    4. Where the contracting authority or the granting body must carry out the procedure to verify the anomaly, the above deadlines are extended for a maximum period of one month.

    5. In the presence of exceptional circumstances, the RUP, with its own reasoned act, may extend the aforementioned deadlines for a maximum of three months. In the presence of further unforeseeable situations of objective difficulty which make the procedural times unsustainable in terms of the administrative organization and the particular complexity of the procedure, certified by the RUP, the latter, with its own reasoned act, may extend the aforementioned deadlines for further three months.

     

  • Annex I.4 Stamp duty relating to the stipulation of the contract.

    (Article 18, paragraph 10)

     

    Article 1 b>

    1. The value of the stamp duty, which the contractor is required to pay upon signing the contract, is determined on the basis of Table A attached to this annex.

    2. The tax is determined on the basis of increasing brackets in relation to the maximum amount provided for in the contract, including any explicitly established options or renewals. Credits worth less than 40,000 euros are exempt from the tax.

     

    Article 2

    1. The payment of the tax referred to in article 1 replaces the stamp duty due for all deeds and documents relating to the selection procedure and the execution of the contract, with the exception of the invoices, notes and similar referred to to article 13, point 1, of the Tariff, Part I, attached to the decree of the President of the Republic of 26 October 1972, n. 642.

     

    Article 3

    1. With a provision of the director of the Revenue Agency, the electronic payment methods are identified, different from those referred to in article 3, paragraph 1, letter a), of the decree of the President of the Republic of 26 October 1972, n. 642, consistent with the full digitalisation of procurement, in order to reduce management and document conservation burdens.

     

    Table A

    Stamp duty values

    < tr> < tr> < /table>

     

  • Annex I.5 Elements for planning works and services. Typical schemes.

    (Article 37, paragraph 6)

     

    Article 1.< /b>

    Object.

    1. This annex contains the regulations for the implementation of Article 37, paragraph 6, of the code.

     

    Article 2.

    b>

    Definitions.

    1. For the purposes of this annex:

    a) «BDAP», the public administration database, referred to in Legislative Decree 29 December 2011, n. 229;

    b) «CUP», the single project code referred to in article 11 of law 16 January 2003, n. 3, which identifies each public investment project;

    c) «CUI», the unique intervention code assigned upon first inclusion in the program;

    d) «RUP», the sole manager of the project referred to in Article 15 of the code;

    e) «planning of the activities of the aggregating entities and central purchasing bodies», the document of each aggregating entity or each central purchasing body containing indications regarding the centralization activities of the commissions foreseen in the reference period;

    f) «AUSA», the single registry of the contracting authorities, referred to in article 33-ter of decree-law 18 October 2012, n. 179, converted, with amendments, by law 17 December 2012, n. 221.

     

    Article 3.

    Contents, design level minimum, order of priority of the three-year program of public works, of the related annual lists and updates.

    1. The contracting authorities and granting bodies, according to their own regulations and without prejudice to the legislative and regulatory competences of the regions and autonomous provinces on the matter, adopt the three-year program of public works, even consisting of functional lots of a job, as well as the related lists annual on the basis of the standard schemes annexed to this annex and an integral part of the same, in compliance with the provisions of article 37 of the code, and in coherence with the multi-annual planning or programming documents referred to in the legislative decree of 29 December 2011, n. 228 and the accounting principles referred to in Legislative Decree 23 June 2011, n. 118. To this end, the contracting authorities and granting bodies also consult, where available, the activity plans of the central purchasing bodies.

    2. The standard schemes for the three-year planning of public works referred to in article 37 of the code consist of the following sheets:

    a) A: overview of the resources necessary for the implementation of the works envisaged by the programme, broken down by annuity and source of financing;

    b) B: list of unfinished public works;

    c) C: list of available properties that can be sold, including those made available due to lack of public interest in the completion of an unfinished public work. Also indicated are the real estate assets available to the contracting authority or the granting body granted in right of enjoyment, by way of contribution, the use of which is instrumental and technically connected to the work to be entrusted under concession;

    < p>d) D: list of program works with indication of the essential elements for their identification;

    e) E: works that make up the annual list, with indication of the essential elements for their identification;

    f) F: list of jobs present in the previous annual list in the cases provided for in article 5, paragraph 3.

    3. The entities that manage the IT sites of the Ministry of Infrastructure and Transport and of the National Database of Public Contracts ensure the availability of IT support for the compilation of the standard templates attached to this annex.

    4. For the purposes of completing forms A and C, referred to respectively in letters a) and c) of paragraph 2, the sources of financing for the three-year public works program include the overall value of public real estate that can be subject to transfer in exchange for works, the loans that can be acquired pursuant to article 3 of the legislative decree of 31 October 1990, n. 310, converted, with amendments, by law 22 December 1990, n. 403, the real estate granted in right of enjoyment, by way of contribution, the use of which is instrumental and technically connected to the work to be entrusted under concession, as well as the real estate falling within the territory of competence of regions and local authorities, not instrumental to the 'exercise of its institutional functions, susceptible to valorisation or disposal, referred to in article 58 of the legislative decree of 25 June 2008, n. 112, converted, with amendments, by law 6 August 2008, n. 133. The list of real estate assets is indicated in the appropriate form C. The value of the properties referred to in this paragraph, established on the basis of the market value by the offices owning the real estate assets, is reported for each individual job with which they are associated .

    5. Each work or functional lot reported in the program referred to in paragraph 1 is uniquely identified by the CUI. For each job or functional lot referred to in the first period, the CUP is also indicated, except in cases of ordinary maintenance. Both codes are maintained in the three-year programs in which the work or functional lot is proposed again, except for substantial changes to the project that alter the possibility of precise identification.

    6. For each work referred to in paragraph 1, the three-year program shows the total amount estimated necessary for the realization of said work, including the supplies and services connected to the realization of the same, included in the three-year planning referred to in article 6. The annual list for each job shows the overall amount of the related economic framework.

    7. Without prejudice to the provisions of Article 37, paragraph 2, of the code, the unfinished public works referred to in Article 4, paragraph 4 of this annex, the works that can be carried out through concession contracts are included in the three-year program and its updates. or public-private partnership, works that can be carried out through the transfer of ownership rights or other rights of enjoyment of real estate. The program also highlights whether the work is complex.

    8. The works, even consisting of functional lots, to be started in the first year of the program referred to in paragraph 7, constitute the annual list of public works. Included in this list are the works, including those referred to in article 4, paragraph 4, which satisfy the following conditions:

    a) budget forecast of financial coverage;

    b ) provision for the start of the award procedure during the first year of the programme;

    c) compliance with the minimum design levels referred to in Article 37, paragraph 2, of the code;

    < p>d) conformity of the works with current or adopted urban planning instruments.

    9. A work can be included in the three-year program of public works limited to one or more functional lots, provided that with reference to the entire work the design level indicated by article 37, paragraph 2, of the code has been observed, quantifying the necessary financial resources to the completion of the entire work.

    10. The three-year program of public works reports the priority of the works evaluated on three levels as indicated in sheet D. As part of the definition of the orders of priority the contracting authorities and granting bodies identify as priorities the reconstruction, repair and restoration works resulting from natural disasters, prevention and mitigation of seismic and hydrogeological risk, completion of unfinished works referred to in article 4, maintenance , for the recovery of existing assets, the definitive or executive projects already approved, the works co-financed with European funds, with PNRR and PNC as well as the works for which there is the possibility of financing with majority private capital.

    11 . Within the order of priority referred to in paragraph 10, the reconstruction, repair and restoration works following natural disasters are to be considered of the highest priority, and, subordinately, the seismic prevention interventions on strategic buildings and the forecasting and mitigation of hydrogeological risk, the completion works of unfinished public works as well as those financed with the PNRR and the complementary plan to the PNRR.

    12. For the purposes of carrying out the works envisaged in the annual list of works, the contracting authorities and granting bodies take into account the priorities indicated therein. This is without prejudice to works imposed by unforeseeable or calamitous events, as well as modifications resulting from supervening legal or regulatory provisions or from administrative acts adopted at state or regional level.

    13 The contracting authorities and granting bodies identify , within its organisation, the structure and contact person for the drafting of the three-year public works programme. In order to reduce administrative burdens, this contact person is normally identified as the single administration contact person for the BDAP, unless the administration chooses otherwise.

    14. The contact person receives the proposals, data and information provided by the RUPs for the purposes of coordinating the proposals to be included in the programming and arranges for accreditation on the appropriate IT sites of the Ministry of Infrastructure and Transport and the national database of public contracts.< /p>

     

    Article 4.

    Criteria for inclusion of unfinished public works in three-year programs of public works and in the related annual lists.

    1. For the purposes referred to in Article 3, paragraphs 10 and 11, the contracting authorities and granting bodies, regardless of the amount, insert the unfinished public works within their competence into Schedule B, according to the classification order referred to in Article Article 4, paragraph 2 of the decree of the Minister of Infrastructure and Transport of 13 March 2013, n. 42, indicating for each uncompleted work the methods and resources for their completion. Where they do not opt in accordance with the first sentence, the administrations identify alternative solutions, such as scaled-down reuse, change of intended use or transfer as compensation for the construction of other public works through the transfer of properties in exchange for works, sale or demolition if the needs of public interest do not allow the adoption of alternative solutions.

    2. For the purposes of completion and usability of the unfinished public work, even in the event of a change of intended use, the contracting authorities and granting bodies adopt their own decisions on the basis, where relevant, of the results of the ex ante evaluation , carried out according to the guidelines referred to in article 8 of the legislative decree of 29 December 2011, n. 228, conducted according to principles of appropriateness and proportionality taking into account the complexity, impact and cost of the work, also making use of the support provided by the technical structures of the Ministry of Infrastructure and Transport and of the regions and autonomous provinces, for the respective areas territories of competence. The same structures also carry out technical-economic support activities to the administrations in the implementation phases of the decisions adopted.

    3. If, on the basis of the assessment referred to in paragraph 2, it is found that the attractiveness of private financing exists for the completion and management of unfinished public works, the contracting authorities and granting bodies shall promote the use of public-private partnership procedures to pursuant to article 174 et seq. of the code. To this end, they publish on the client's institutional website and on the specific section of the web portal of the Ministry of Infrastructure and Transport, also through regional computerized systems, a notice aimed at acquiring expressions of interest from economic operators regarding the construction works. possible completion, even resized or with a different intended use, of the unfinished works referred to in paragraph 1 as well as the management of the same.

    4. Unfinished public works for which, following the assessment referred to in paragraph 2, the contracting authorities and granting bodies have determined the works to be adopted among those mentioned in paragraph 1 and have identified the related financial coverage, are included in the list of the works of the program referred to in sheet D or in the annual list referred to in sheet E if the resumption of works is expected in the first year.

    5. In the event that the contracting authority or the granting body has deemed, with a reasoned deed, the lack of public interest in the completion and usability of the work:

    a) reports in the list of properties referred to in sheet C, following acquisition to the estate following drafting and approval of the state of consistency, the unfinished public works for which it intends to transfer ownership of the work to another public body or to a person carrying out a public function, or proceed with the sale of the work on the market;

    b) reports in the list of works referred to in sheets D and E the unfinished public works for which it intends to proceed with demolition. p>

    6. If the determination referred to in paragraph 5, letter b) occurs, the costs necessary for the dismantling of the work and for the renaturalization, redevelopment and possible reclamation of the site are included in the three-year program.

     

    Article 5.

    Methods for drafting, approving, updating and modifying the three-year work program public and the related annual list. Information and advertising obligations.

    1. The program referred to in article 3 is drawn up every year, scrolling through the previous year and updating the previously approved programs.

    2. The works for which the award procedure has been started are not proposed again in the subsequent programme.

    3. Form F referred to in article 3, paragraph 2, letter f), reports the list of jobs present in the previous annual list and not proposed again in the update of the program for reasons other than those referred to in paragraph 2, or for which implementation has been waived.

    4. In compliance with the provisions of article 37, paragraph 1, of the code, as well as the terms referred to in paragraphs 5 and 6 of this article, the outline of the three-year program of public works and the annual list of public works proposed by the contact person responsible for the program.

    5. Following adoption, the three-year program and the annual list are published on the institutional website of the client and communication is given to the national database of public contracts. Contracting authorities and granting bodies may allow the submission of any observations within thirty days of the publication referred to in the first period. The definitive approval of the three-year programme, together with the annual list of works, with any updates, takes place within the following thirty days from the expiry of the consultations, or, in any case, in the absence of consultations, within sixty days from the publication referred to in the first period, in compliance with the provisions of paragraph 4, and with publication in open data format on the IT sites of the contracting authority and the granting body. The contracting authorities or granting bodies may adopt further forms of advertising provided that these are prepared in such a way as to ensure compliance with the terms referred to in this paragraph.

    6. Within ninety days from the date of entry into force of the budget law, the contracting authorities and granting bodies that are State administrations proceed with updating the three-year program of public works and the related annual list. The other contracting authorities and other granting bodies approve the same documents within ninety days from the effective date of their budget or equivalent document, according to the regulations of each administration. The provisions of article 172 of the consolidated text of the laws on the organization of local authorities referred to in legislative decree 18 August 2000, n. 267.

    7. In the case of regions or local authorities, where the procedure for approving the annual update of the three-year program and the annual list has been initiated and pending its conclusion, the administrations, according to their regulations, may, with justification, authorize the start of procedures relating to work foreseen by the second year of an approved three-year program and by the annual list of the adopted three-year program outline.

    8. In cases where the contracting authorities or granting bodies do not prepare the three-year program of public works, due to the absence of works, they will communicate this on the client's institutional website in the «Transparent Administration» section referred to in the legislative decree of 14 March 2013, n. 33 and communicate it to the national database of public contracts.

    9. The three-year public works programs can be modified during the year, subject to specific approval by the competent body, to be identified, for local authorities, according to the type of modification, in compliance with the provisions of article 37, paragraph 1, of the code, if the changes concern:

    a) the cancellation of one or more jobs already included in the annual list;

    b) the addition of one or more jobs as a result of administrative acts adopted at state or regional level;

    c) the addition of one or more works due to the availability of funding within the budget that were not foreseeable at the time of the first approval of the program, including additional resources available also following auction reductions or savings;

    d) the anticipation of the realization, within the annual list of works previously foreseen in subsequent years;

    < p>e) the modification of the economic framework of the works already included in the annual list, for which further resources are necessary.

    10. The changes to the programs referred to in paragraph 9 are published on the institutional website of the contracting authority and the granting body.

    11. Work not included in the annual list can be carried out when made necessary by unforeseeable or calamitous events or by supervening legal or regulatory provisions. Work not included in the annual list can also be carried out on the basis of an independent financial plan that does not use resources already foreseen among the financial resources of the contracting authority or the granting body at the time of the list's formation, starting the updating procedures of programming.

    12. In order to have a general programmatic framework of reference, CIPESS can ask the central administrations that supervise bodies required to prepare the three-year programs of public works and the related updates to send to the Presidency of the Council of Ministers - Department for planning and the coordination of economic policy, a report that summarizes the territorial distribution and by type of work included in the overall three-year plans of the supervised bodies regarding the reference three-year period and the related financial contents.

     < /b>

    Article 6.

    Contents, order of priority of the three-year program for purchases of supplies and services.< /p>

    1. The contracting authorities and granting bodies, according to their own regulations and without prejudice to the legislative and regulatory competences of the regions and autonomous provinces on the matter, adopt, in compliance with the provisions of article 37 paragraph 1 of the code, the three-year program of purchases of supplies and services as well as the related annual lists and annual updates based on the standard schemes annexed to this annex. The contracting authorities and granting bodies, for the purposes of preparing the three-year program for the purchases of supplies and services and the related annual lists and annual updates, consult, where available, the activity plans of the aggregating entities and purchasing centers, also to purposes of complying with the obligations to use purchase and trading instruments provided for by the current provisions on spending containment.

    2. The standard schemes for the three-year planning of the purchases of supplies and services consist of the following sheets:

    a) G: overview of the resources necessary for the acquisitions envisaged by the programme, broken down by year and source of financing;< /p>

    b) H: list of program purchases with indication of the essential elements for their identification. The form indicates the supplies and services connected to a job referred to in articles 3 to 5, reporting the relevant CUP, where applicable;

    c) I: list of purchases present in the previous three-year planning in the cases provided for in article 7, paragraph 3.

    3. The entities that manage the IT sites of the Ministry of Infrastructure and Transport and of the National Database of Public Contracts ensure the availability of IT support for the compilation of the standard templates attached to this annex.

    4. Each purchase of supplies and services reported in the program referred to in paragraph 1 is uniquely identified by the CUI. For each purchase for which it is foreseen, the CUP is reported. Both codes are maintained in the three-year programs in which the purchase is proposed again, except for substantial changes to the project that alter the possibility of precise identification.

    5. For the purchases referred to in paragraph 1, the three-year program shows the amounts of the purchases of supplies and services resulting from the estimate of the overall value, or, for the purchases of supplies and services included in the annual list, the amounts of the economic statement of the same acquisitions.

    6. The three-year program also contains the services referred to in article 41, paragraph 10, of the code as well as further acquisitions of supplies and services connected to the implementation of works envisaged in the three-year planning of public works or other acquisitions of supplies and services envisaged in the planning three-yearly. The amounts relating to these acquisitions, if already included in the overall amount or in the economic framework of the work or acquisition to which they are connected, are not counted for the purposes of quantifying the overall resources of the program referred to in sheet G.

    < p>7. The acquisitions of supplies and services referred to in paragraph 6 are identified by their own CUI and are associated with the CUI and the CUP, where applicable, of the work or acquisition to which they are connected.

    8. In the three-year programs for the purchase of supplies and services, for each individual purchase, the year in which it is intended to start the assignment procedure is indicated or in which it is intended to resort to a central purchasing body or an aggregator, in order to allow the connection with the planning of their activities.

    9. For the inclusion in the three-year program of purchases of supplies and services, the contracting authorities and the granting bodies, also with reference to the entire acquisition in the case of division into functional lots, provide adequate indications regarding the typological, functional and technological acquisitions to be made and the related economic quantification.

    10. The three-year program of purchases of supplies and services reports the order of priority. As part of the definition of priority orders, contracting authorities and granting bodies identify as priorities the services and supplies necessary as a result of natural disasters, to guarantee primary public interests, additional purchases for the completion of supplies or services, as well as supplies and services co-financed with European funds, and supplies and services for which there is the possibility of financing with majority private capital.

    11. The contracting authorities and granting bodies take these priorities into account, without prejudice to changes resulting from unforeseeable or calamitous events, or from supervening legal or regulatory provisions or from administrative acts adopted at state or regional level.

    12. The list of acquisitions of supplies and services for an estimated amount exceeding 1 million euros, which the contracting authorities and granting bodies plan to include in the three-year programme, is communicated by the same administrations, by the month of October, to the Technical Table of aggregator subjects referred to in article 9, paragraph 2, of the legislative decree of 24 April 2014, n. 66, converted, with amendments, by law 23 June 2014, n. 89, with the methods indicated in article 7, paragraph 5, of this annex.

    13. The contracting authorities and granting bodies identify, within their organisation, the structure and the contact person for the preparation of the three-year program for the purchases of supplies and services. The subject referred to in this paragraph may coincide with that referred to in Article 3, paragraph 13. The procedure referred to in Article 3, paragraph 14 applies.

     

    Article 7.

    Methods for drafting, approving, updating and modifying the three-year program for the purchases of supplies and services. Information and advertising obligations.

    1. The program referred to in article 6 is drawn up every year, scrolling through the previous year and updating the previously approved programs.

    2. A purchase of a supply or service for which the award procedure has been started will not be proposed again in the subsequent program.

    3. Form I, referred to in article 6, paragraph 2, letter c), reports the list of purchases of supplies and services present in the first year of the previous program and not re-proposed in the update of the program for reasons other than those referred to in paragraph 2, or for which the acquisition has been renounced.

    4. In cases where the contracting authorities and granting bodies do not prepare the three-year program for the purchases of supplies and services, due to the absence of purchases of supplies and services, they will communicate this on the client's profile in the "Transparent administration" section referred to in legislative decree 14 March 2013, n. 33.

    5. The communication to the Technical Committee of the aggregating entities referred to in article 6, paragraph 12, takes place through transmission to the portal of the aggregating entities within the online purchasing site of the Ministry of Economy and Finance, also through regional computerized systems.

    6. Within ninety days from the date of entry into force of the budget law, the contracting authorities and granting bodies that are State administrations proceed with updating the three-year program of purchases of supplies and services and the related annual list. The other contracting authorities and granting bodies approve the same documents within ninety days from the effective date of their budget or equivalent document, according to the regulations of each administration. The provisions of article 172 of the consolidated text of the laws on the organization of local authorities referred to in legislative decree 18 August 2000, n. 267.

    7. In the case of regions or local authorities, where the procedure for approving the annual update of the three-year program has been started and pending its conclusion, the administrations, according to their regulations, may, with justification, authorize the start of the relevant procedures to a purchase of supplies and services foreseen in an approved three-year program.

    8. The three-year programs for the purchase of supplies and services can be modified during the year, subject to specific approval by the competent body, to be identified, for local authorities, according to the type of modification, in compliance with the provisions of article 37, paragraph 1 of the code, if the changes concern:

    a) the cancellation of one or more purchases already included in the annual list of acquisitions of supplies and services;

    b) the addition of one or more purchases as a result of administrative acts adopted at state or regional level;

    c) the addition of one or more purchases due to the availability of financing within the budget that cannot be foreseen at the moment of the first approval of the program, including additional resources available also following auction reductions or savings;

    d) the advance to the first year of the acquisition of a supply or service included in the three-year purchasing programme;

    e) the modification of the economic framework of the purchasing already included in the annual list, for which further resources are necessary.

    9. A service or supply not included in the annual list may be carried out when made necessary by unforeseeable or calamitous events or by supervening legal or regulatory provisions. A service or supply not included in the first year of the program can also be implemented on the basis of an independent financial plan that does not use resources already foreseen among the financial means of the administration at the time of the list's formation, initiating the procedures for updating the programming.

    10. The changes to the programs referred to in paragraph 8 are published on the institutional website of the contracting authority and the granting body and are communicated to the national database of public contracts.

     

    Article 8.

    Methods of connection with the planning of the activities of the aggregating entities and purchasing centers to which the contracting authorities delegate the assignment procedure.

    1. In the annual lists of purchases of supplies and services and in the annual lists of works, the contracting authorities and the granting bodies indicate for each purchase the obligation, if any, or the intention to use a central purchasing body or an aggregator for the completion of the assignment procedure; to this end they consult, in accordance with the provisions of article 6, paragraph 1, second sentence, the planning of the aggregating entities and purchasing centers and acquire their prior consent or verify their capacity to satisfy their needs.

    2. In cases where the contracting authorities and granting bodies, in compliance with the provisions of paragraph 1, make use of a central purchasing body or an aggregator, the annual list indicates the name among those registered in the AUSA in the context of the National database of public contracts of the National Anti-Corruption Authority.

     

    Article 9.

    < p>Transitional and final provisions.

    1. This annex applies to the formation or updating of the three-year programs of public works and purchases of supplies and services carried out starting from the 2023-2025 programming period.

    2.The decree of the Minister of infrastructure and transport 16 January 2018 n. 14, published in the Official Journal of the Italian Republic n. 57 of 9 March 2018, is repealed from the date on which this annex becomes effective pursuant to article 229, paragraph 2, of

  • Annex I.6 Mandatory public debate.

    (Article 40)

     

    Article 1.

    Works subject to mandatory public debate.

    1.   The works falling within the typologies set out in Table 1 are subject to mandatory public debate, pursuant to Article 40, paragraphs 1 and 8 of the code.

    2.   The reference parameters of the dimensional thresholds of the works included in table 1 attached to this annex are reduced by 50 percent if, with reference to particular safeguarding needs, they involve interventions which fall, even in part:< /p>

    a) on cultural and natural heritage assets inscribed in the UNESCO World Heritage List, pursuant to the 1977 World Heritage Conference;

    b) in the buffer zone as defined in the Operational guidelines issued by UNESCO;

    c) in national and regional parks and marine protected areas.

    3. For the works referred to in Table 1, for an amount between the threshold indicated therein and two thirds of the same, the contracting authority or the granting body calls the public debate upon request:

    a) of the Presidency of Council of ministers or ministries directly interested in the realization of the work;

    b) of a regional council or of a province or of a metropolitan city or of a provincial capital municipality territorially interested in the intervention;< /p>

    c) of one or more municipal councils or unions of municipalities territorially affected by the intervention, if overall representing at least one hundred thousand inhabitants;

    d) of at least fifty thousand citizens electing in the territories in for which the intervention is envisaged;

    e) at least one third of the voters for interventions involving islands with no more than one hundred thousand inhabitants and for the territory of mountain municipalities.

    < p> 

    Article 2.

    Exclusions

    1.   Public debate is excluded:

    a) for the works provided for by Titles V and VI of Part VII of Book II of the code and for those of national defense referred to in article 233 of the military code referred to in Legislative Decree 15 March 2010, n. 66;

    b) for ordinary and extraordinary maintenance interventions, restorations, technological adjustments and completions;

    c) for works already subjected to preliminary public consultation procedures on the basis of regulations European Union.

     

    Article 3.

    Calling public debate.

    1.   The contracting authorities and the granting bodies identify, each according to their own regulations, the entity holding the power to call the public debate which takes place in the initial phases of developing a project for a work or intervention , in relation to the contents of the feasibility project or the feasibility document of any project alternatives.

    2.   The public debate begins with the publication, pursuant to Article 40, paragraph 3, of the code, of the project report of the work referred to in Article 5, paragraph 1, letter a), of the this annex.

     

    Article 4.

    Responsible for public debate

    1.   The manager of the organizational unit holding the spending power appoints, immediately and, in any case, within ten days of the call decision referred to in article 3, paragraph 1, the person responsible for public debate among employees in possession of proven experience and competence in the management of participatory processes, or in the management and execution of programming and planning activities in infrastructural, urban, territorial and socio-economic matters. At the request of the contracted stations or granting bodies, the person responsible for the public debate is identified by the Ministry responsible for the matter among its managers. If the contracting authority or contracting body is a Ministry, the person responsible for the public debate is designated by the Presidency of the Council of Ministers from among the managers of public administrations external to the ministry concerned. In the case of a proven absence of public managers in possession of the requirements referred to in the first period, the person responsible for the public debate can be identified by the contracting authorities or by the granting bodies through the procedure referred to in the code, configuring it as a service contract.

    2.   Persons resident or domiciled in the territory of a province or metropolitan city where the same work is located cannot assume the role of person in charge of public debate.

    3.   The person in charge of the public debate:

    a) plans the methods for carrying out the public debate and prepares, within one month of the assignment of the task, the project document for the public debate, establishing the topics of discussion, the methods of participation and communication to the public, exclusively with the use of IT and telematic tools, without prejudice to the existence of specific needs, motivated on the basis of objective elements, which make it necessary to schedule meetings with different methods;

    b) evaluate, and possibly request, only once and within fifteen days of its receipt, additions and modifications to the project report referred to in Article 5, paragraph 1, letter a);

    p>

    c) encourages discussion between all participants in the debate;

    d) in an objective and transparent way, defines and implements the methods of communication and information to the public, taking care of the organization and updates the section of the relevant institutional website;

    e) draws up the final report of the public debate referred to in article 7, paragraph 1.

     

    Article 5.

    Functions and tasks of the contracting authority and the granting body.

    1.   The contracting authority or the granting body shall:

    a)   draw up the project report of the work, written in clear and understandable language, in which the opportunity of the intervention is motivated and the proposed design solutions are described, including assessments of the social, environmental and economic impacts , in coherence with the guidelines referred to in article 8 of the legislative decree of 29 December 2011, n. 228;

    b)   publish on your institutional website and request publication on the institutional websites of the local administrations affected by the intervention of the report referred to in letter a);

    c )    inform the Department for Public Works, Housing and Urban Policies, Water Infrastructure and Human and Instrumental Resources of the Ministry of Infrastructure and Transport of the announcement of the public debate procedure and the related conclusion;

    d)   provide information on the intervention and, where significant, on the design alternatives examined in the first phase of the feasibility project;

    e)   actively participate in the activities foreseen by the public debate and provide the necessary support to answer the questions raised during the public debate;

    f)  ;   evaluate the results and proposals that emerged during the public debate and draw up a final document which highlights the desire or otherwise to carry out the intervention, any changes to be made to the project and the reasons that led not to accept any proposals;

    g)   support the costs relating to the holding of the public debate, foreseen in the costs of planning the intervention referred to in article 41, paragraph 9, of the code.

     

    Article 6.

    Conduct of the public debate.

    1.  ;  From the publication referred to in article 3, paragraph 2, the deadlines for conclusion referred to in article 40, paragraph 5, of the code begin to run.

    2.   The holder of the power to call the public debate may extend the conclusion deadline referred to in paragraph 1 only once and for a maximum duration of two months, in case of proven and justified necessity.

    3.   The entities authorized pursuant to Article 40, paragraph 4, of the code, within the deadline established therein, may submit observations and proposals in the manner established by the person in charge of the public debate in accordance with the provisions of Article 4, paragraph 3, letter a).

     

    Article 7.

    Conclusion of the public debate.

    1.   Within the deadline referred to in Article 40, paragraph 5, of the code, the person in charge of the public debate presents to the contracting authority or granting body the final report on the progress of the entire procedure, which will be published on the institutional site of the contracting authority or the granting body, as well as on the institutional sites of the local administrations affected by the intervention, which contains:

    a) the description of the activities carried out during the public debate;

    b) the summary of the themes, in an impartial, transparent and objective way, of the positions and proposals that emerged during the debate;

    c) the description of the open and most problematic questions with respect to which asks the contracting authority or the granting body to take a position in the final report, referred to in article 4, paragraph 3, letter e), with the possible indication of the proposals deemed worthy of acceptance.

    2 . The contracting authority or the granting body, within two months of receiving the report referred to in paragraph 1, adopts its own final document, referred to in Article 5, paragraph 1, letter f), of which communication is given by publication on its institutional website and on the institutional websites of the local administrations affected by the intervention, as well as to the Department referred to in article 5, paragraph 1, letter c).

     

    Table 1

  • Contract amount range

    (values in euros)

    Set

    < b>(values in euros)

    < 40,000

    exempt

    ≥ 40,000 < 150,000

    40

    ≥ 150,000 < 1000000

    120

    ≥ 1,000,000 < 5,000,000

    250

    ≥ 5,000,000 < 25,000,000

    500

    ≥ 25,000,000

    1,000

    TYPES OF WORKS

    DIMENSIONAL THRESHOLDS

    Highways and main extra-urban roads. Extra-urban roads with four or more lanes or adaptation of existing two-lane extra-urban roads to make them with four or more lanes.

    Works which involve a route length of more than 30 km and in any case with an investment value equal to or greater than 500 million euros net of VAT of the set of contracts envisaged.

    Railway sections for long-distance traffic.

    Works involving a length of the route exceeding 30 km and in any case with an investment value exceeding 500 million euros net of VAT of the set of contracts envisaged.

    Airports.

    Works involving new passenger terminals or goods, or new landing and take-off runways exceeding 1,500 meters in length and in any case with a total investment value exceeding 200 million euros net of VAT for the entirety of the contracts envisaged

    Commercial seaports, as well as inland waterways and ports accessible to ships over 1,350 tonnes. Maritime terminals, to be understood as piers, piers, floating buoys, islands at sea for the loading and unloading of products connected to the mainland and outside the ports, which can accommodate ships of more than 1,350 tonnes, including equipment and functionally connected works.

    Works which involve an area affected by the intervention exceeding 150 ha and in any case with an investment value overall exceeding 200 million euros net of VAT for all the contracts envisaged.

    Interventions for the defense of the sea and coasts.

    Works involving a total investment value of more than 50 million euros for the complex of the envisaged contracts.

    Ship ballast water washing platforms.

    Off-shore works involving a total investment value of more than 150 million euros for the overall contracts envisaged.

    Interports aimed at the transport of goods and in favor of intermodality pursuant to law 4 August 1990, n. 240 and subsequent amendments, in any case including a railway station suitable for forming or receiving complete trains and in connection with ports, airports and major roads.

    Works involving plant and infrastructure costs exceeding 300 million euros net of VAT for all the contracts envisaged.

    Overhead power lines.

    Overhead power lines with a voltage equal to or greater than 380 kV and with a route longer than 40 km.

    Installations intended to retain, regulate or accumulate water in a lasting way.

    Plants with a height greater than 30 meters or which determine a reservoir volume greater than 40 million of cubic metres.

    Works that involve or may involve the transfer of water between different regions and this goes beyond the reference areas of the river basins established pursuant to law 18 May 1989, n. 183.

    Works involving transfers with a flow rate equal to or greater than 4 m3/s.

    Infrastructures for social, cultural, sporting, scientific or tourist use.

    < /td>

    Works and infrastructures involving overall investments exceeding 300 million euros, net of VAT, of the overall contracts envisaged

    Industrial settlements and energy infrastructures.

    Works involving overall investments exceeding 300 million euros net of VAT for all the contracts envisaged.

     

  • Annex I.7 Minimum contents of the requirements framework, of the feasibility document of the project alternatives, of the design guidance document, of the technical and economic feasibility project and of the executive project.

    (Articles 41 to 44)

     

    SECTION I

    REQUIREMENTS FRAMEWORK, FEASIBILITY DOCUMENT OF PROJECT ALTERNATIVES, DESIGN GUIDANCE DOCUMENT

     

    Article 1.

    Requirements framework.

    1. The requirements framework takes into account what is foreseen in the client's programming tools. For each intervention to be carried out, in relation to the type of intervention itself, it reports:

    a) the general objectives to be pursued through the implementation of the intervention, with the associated key performance indicators;

    p>

    b) the needs, qualitative and quantitative requirements of the client, the community or the specific user for whom the intervention is intended, which must be satisfied through the implementation of the intervention itself;

    2. The requirements framework and the feasibility document of the project alternatives, referred to in article 2, can also be drawn up with the aid of geographic information systems (Geographical Information System) and information models relating to the state of affairs of the areas involved and the settleable activities.

    To this end, the requirement framework can be integrated by the configuration of two- and three-dimensional information models of an urban or territorial nature including site plans and information models that reflect the state of the places and existing real estate or infrastructure assets.

    3. The drafting of the requirements framework is the exclusive responsibility of the client.

     

    Article 2.

    Feasibility document of project alternatives.

    1. The feasibility document of the design alternatives, hereinafter «DOCFAP», is drawn up in compliance with the contents of the requirements framework and is preparatory to the drafting of the design guidance document referred to in article 3. The DOCFAP, similarly to the requirements framework, can be supported by the configuration of two- and three-dimensional information models of an urban or territorial nature and by information models that reflect the state of places and existing real estate or infrastructural assets that allow the visualization of scenario analyzes and the identification of project alternatives.

    2. The DOCFAP identifies and analyzes the possible design solutions which may concern: the hypothesis of non-implementation of the intervention, where applicable, the modal choices and route alternatives for linear infrastructures (or relating to mobility and transport); for specific works, the alternative between the construction of a new construction or the recovery of an existing building, or the reuse of abandoned or urbanized or degraded areas, limiting further land consumption; always for specific new construction works the location of the intervention. The DOCFAP, where relevant and requested by the client, can also analyze the technical, economic and financial solutions, also in relation to the maintenance aspects of the work to be carried out. The DOCFAP, where relevant and requested by the client, takes into consideration and analyzes all possible options, including, where applicable, the hypothesis of non-implementation of the intervention, in order to allow an effective comparative comparison between the different alternatives. The DOCFAP also highlights the main impacts of the alternatives analyzed on the territorial, environmental, landscape, cultural and archaeological context, as well as, for interventions on existing works, on the historical, architectural and technical characteristics. To this end, the possibility of carrying out preliminary investigations is foreseen.

    3. In application of the principle of proportionality referred to in Article 41, paragraph 5, of the code, the DOCFAP is developed with a level of detail and with a differentiated content in relation to the type and size of the intervention to be carried out.

    4. The DOCFAP, in relation to the specific type and size of the intervention to be carried out, is made up of a technical-illustrative report, structured as follows:

    a) analysis of the actual state of the intervention area or the work, in the case of interventions on existing works, which can be integrated with two- and three-dimensional information models of an urban or territorial nature and with information models that reflect the state of the places and existing real estate or infrastructural assets;

    b) territorial framework of the intervention area: chorography, excerpt from the municipal urban planning instrument, verification of the compatibility of the intervention with the urban planning instruments, with the archaeological thematic map where existing and with the sector constraints, where relevant;

    c) identification, through descriptive, cartographic and graphic documents, in relation to the type and size of the intervention, of the possible design alternatives as defined in paragraph 2, and relative comparison on the basis of the functional, technical and economic characteristics , financial, also in relation to aspects related to maintainability. These alternatives can also be illustrated using information models;

    d) graphic schemes that describe and allow the identification of the essential characteristics of the design alternatives examined. These schemes can be supported by digital simulations created using dedicated parametric schematization tools;

    e) indication of the times expected for the implementation of the design alternatives examined;

    f) summary estimate of the costs, through the adoption of parametric prices;

    g) comparative comparison of design alternatives, examined using a suitable decision support tool, in relation to the type and size of the intervention.

    < p>5. In relation to the provisions of article 37 of the code, the drafting of the DOCFAP is always necessary for interventions whose amount for works is equal to or greater than the threshold referred to in article 14 of the code.

    6. For interventions whose value exceeds 150,000 euros and below the threshold referred to in article 14 of the code, the client has the right to request the drafting of the DOCFAP, which will be drawn up on the basis of the indications provided by the sole project manager (RUP), taking into account the type and size of the intervention to be carried out.

    7. The DOCFAP, on the basis of the comparative comparison between the alternatives taken into consideration, identifies the solution that presents the best relationship between costs and benefits for the community and for the environment, in relation to the specific needs to be satisfied and the services to be provided .

    8. For interventions to be carried out with public-private partnership formulas, the DOCFAP is also accompanied by a cost-revenue analysis.

    9. The client, with its own determination, approves the DOCFAP.

     

    Article 3.

    Design guidance document.

    1. The design guidance document, hereinafter «DIP», to be drawn up in coherence with the requirements framework and with the solution identified in the DOCFAP, where drawn up, indicates, in relation to the size, the specific type and category of the intervention to be carried out , the characteristics, requirements and design documents necessary for the definition of each level of the design. The DIP is drawn up and approved before the technical and economic feasibility project is assigned, both in the case of internal design and external design to the contracting authority; in the latter case, the DIP must be part of the tender documentation for the awarding of the public service contract, as it constitutes an integral part of the "design service specifications". In the case of internal planning within the contracting authority, the DIP is attached to the letter of assignment. The DIP reports at least the following indications:

    a) the state of the places with the related cadastral indications, possibly documentable through information models that reflect their condition;

    b) the objectives to be pursued through the implementation of the intervention, the functions to be carried out, the needs and requirements to be satisfied and, where relevant, the service levels to be achieved and the project performance requirements to be achieved;

    c) the technical requirements that the intervention must satisfy in relation to the technical legislation in force and the satisfaction of the needs referred to in letter b);

    d) the levels of design to be developed and the related implementation times, in relation to the specific type and size of the intervention. These design levels, when supported by the construction information management methods and tools referred to in Article 43 of the code, can take into consideration the levels of information needs governed by the technical standards;

    e) the documents graphics and descriptions to be drawn up;

    f) any recommendations for the design, also in relation to the current urban, territorial and landscape planning and to the strategic environmental assessments (SEA), where relevant, additional or specific technical procedures technical standards that are intended to be the basis for the planning of the intervention;

    g) the economic limits to be respected and any indication of the financial coverage of the work;

    h) the indications regarding the system for carrying out the intervention;

    i) indication of the procedure for choosing the contractor;

    l) the indication of the award criterion;

    m) the type of contract identified for the implementation of the intervention, and in particular whether the contract will be stipulated on a lump-sum basis or on a per-basis basis , or part by body and part by measure;

    n) the technical specifications contained in the minimum environmental criteria (CAM), adopted by decree of the Ministry of the Environment and Energy Security, as far as materially applicable; if the design is supported by information modeling, these specifications, as applicable, can be introduced within the information models;

    o) the identification, where possible and/or necessary, of functional lots and/or of performance lots, divided into analytical project structures;

    p) the general guidelines for the design of environmental, geotechnical and structural monitoring of the works, where deemed necessary;

    q) the technical specifications for the use of materials, elements and components for the purposes of:

    1) pursuing the requirements of resistance, durability, robustness and resilience of the works;

    2) efficiency energy and the safety and functionality of the systems;

    r) the general indication of the times necessary for the various phases of the intervention;

    s) in case of assignments to economic operators referred to in Article 66, paragraph 1, of the code, the estimated maximum amount to be used as the basis for the tender, calculated in compliance with the decree referred to in Article 41, paragraph 13, of the code, for the service to be assigned;

    t) the possibility of using the savings deriving from auction reductions also for justified variations during construction;

    u) in the cases in which the drafting of the safety and coordination plan pursuant to Title IV, Chapter I, of the legislative decree 9 April 2008, n. 81, the provision of the safety project document containing the analysis of the environmental context with the identification of potential interferences, the description of the risks to the safety and health of workers connected to the construction site area, with the exception of specific ones of the company's activity, as well as the estimate of safety costs for the entire duration of the works;

    v) for supplies, the procurement criteria of suitable materials to guarantee compliance with the minimum environmental criteria and workers' rights, according to guidelines aimed at promoting the supply of materials certified by accredited verification bodies referred to in Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018.

    2. In the cases provided for by law or by choice of the client, the contracted station or the granting body, the DIP includes the information specifications (hereinafter also «CI»), in reference to the provisions of article 43 of the code and according to the specifications of the related annex 1.9.

    3. The DIP, in addition to the established contents, may contain, regarding the digitalisation of processes and information modeling, further references to the executive phase, also with reference to the planning and management of the implementation envisaged by the UNI ISO 21502:2021 standard and by the UNI ISO standard 31000.

    4. For the purposes of drafting the DIP, if it is supported by information models, the contracting authority or the granting body can make useful reference to the UNI/TR 11337-2: 2021 standard.

    5. In the case of a design competition or ideas competition, referred to in article 46 of the code, the DIP is integrated with the preparatory documents for the competition itself, prepared by the contracting authority; these preparatory documents define the content of the competition in order to guarantee the compliance of the design of the intervention covered by the competition to the qualitative and quantitative requirements of the contracting authority. The documents referred to in the first period can be integrated by the configuration of two- and three-dimensional information models of an urban or territorial nature and by information models that reflect the state of the places and existing real estate or infrastructural assets.

    6. Following the drafting of the technical and economic feasibility project referred to in article 4, the DIP is updated in relation to the definition of the functional and technical-constructive choices adopted, also with regard to the project performance requirements. This update can constitute guidance for the subsequent project phases and, consequently, can provide elements for the drafting of the tender specifications in the case of an award procedure on the basis of the technical and economic feasibility project with the adoption of the criterion of the most economically viable offer. advantageous.

     

    Article 4.

    < i>Levels of public works planning.

    1. Pursuant to article 41 of the code, the design of public works is divided into two levels of subsequent technical analysis, in:

    a) technical and economic feasibility project;

    b) executive project.

    2. The levels referred to in paragraph 1 constitute a subdivision of design contents which are progressively developed as part of a seamless unitary process, in order to ensure coherence of the design at the different levels of development and compliance with the requirements framework and the design guidance document referred to in Article 3.

     

    Article 5.

    Economic framework of the work or work.

    1. The economic framework of the work or work is prepared with progressive in-depth analysis in relation to the design level of which it is part and presents the necessary specifications and variations in relation to the specific type and category of the work or work. the intervention itself, as well as the specific methods of assigning the works pursuant to the code. The economic framework, with reference to the overall cost of the work or intervention, is broken down as follows:

    a) lump sum, tailor-made works;

    b) non-specific safety costs subject to a discount;

    c) amount relating to the rate for the implementation of measures aimed at the prevention and repression of crime and attempts at mafia infiltration, referred to in article 204, paragraph 6, letter e), of the code, not subject to a discount;

    d) works to mitigate and compensate for the environmental and social impact, within the amount limit of 2 percent of the overall cost of the work; costs for environmental monitoring;

    e) sums available to the contracting authority for:

    1) directly administered works envisaged in the project and excluded from the contract, including reimbursements subject to invoice;

    2) surveys, assessments and investigations to be carried out at the different design levels by the contracting authority;

    3) surveys, assessments and investigations to be carried out at the different design levels by the designer;

    4) connections to public services and overcoming any interference;

    5) unforeseen events, as specified in paragraph 2;

    6) provisions in relation to the changes referred to in articles 60 and 120, paragraph 1, letter a), of the code;

    7) acquisition of areas or properties, compensation;

    8)

    technical expenses relating to the design, preliminary activities, including any monitoring of parameters necessary for design purposes where relevant, safety coordination in the design phase, service conferences, works management and safety coordination in the execution phase, daily assistance and accounting, the incentive referred to in the article 45 of the code, to the extent corresponding to the services to be carried out by employed personnel;

    9) expenses for technical-administrative and instrumental activities related to planning, support to the RUP in the case of employed personnel, insurance for designers if employed by the administration, pursuant to article 2, paragraph 4, of the code as well as for the preventive verification of the design pursuant to article 42 of the code;

    10) expenses referred to in Article 45, paragraphs 6 and 7, of the code;

    11) any expenses for judging commissions;

    12) advertising expenses;

    13) expenses for laboratory tests, assessments and technical checks which are mandatory or specifically provided for in the special tender specifications, referred to in Article 116 paragraph 11 of the code, as well as for any monitoring following the completion of the work, where required;

    14) expenses for technical-administrative testing, static testing and any other specialist tests;

    15) expenses for the preventive verification of the archaeological interest, referred to in article 41, paragraph 4 , of the code;

    16) costs for alternative remedies to judicial protection;

    17) in cases where they are foreseen, expenses for artistic works referred to in law 20 July 1949, n. 717;

    18) VAT and any other taxes.

    2. The items in the economic framework relating to unforeseen events, referred to in paragraph 1, letter e), number 5), and to any direct administration works, referred to in paragraph 1, letter e), number 1), are defined within a threshold between 5 and 10 percent of the amount of the works based on the tender, including safety costs.

     

     

    SECTION II

    < p align="center"> 

    TECHNICAL-ECONOMIC FEASIBILITY PROJECT< /a>

     

     

    Article 6.

    Technical-economic feasibility project.

    1. The technical-economic feasibility project economic, hereinafter «PFTE», constitutes the design development of the solution which, among the possible alternatives compared in the DOCFAP, where drawn up, presents the best relationship between overall costs to be borne and expected benefits for the community.

    2. The PFTE is developed on the basis of the evaluation of the characteristics of the context in which the new work will be inserted, compatibly with the pre-existences (including of an environmental, landscape and archaeological nature). To this end, it is possible to make use, in the cases provided for by article 43 of the code, of digital information models of the state of the places, possibly also configured in geospatial terms (Geographical Information System - GIS).. p>

    3. During the technical and economic feasibility design phase, adequate investigations and cognitive studies are carried out (morphology, geology, geotechnics, hydrology, hydraulics, seismic, ecosystem units, historical evolution, land use, urban destinations, landscape, architectural, historical values cultural, preventive archaeology, regulatory constraints, etc.) also making use of digital survey technologies aimed at defining information models of the existing.

    4. The preventive diagnostics of the terrain, combined with the reconnaissance and complete interpretation of the territory, allows us to determine:

    a) the geometric-spatial structure of the work (localization on the territory);

    b) the functional aspects of the work;

    c) the foundational and structural typologies (in elevation) of the work itself;

    d) any interference with the heritage cultural and archaeological;

    e) measures to mitigate and compensate for the impact on the environment and on archaeological contexts, for the purposes of their valorisation and return to the local community through conservation or relocation works;

    < p>f) a reliable expenditure forecast.

    5. The PFTE takes into account, as far as possible, the orographic and morphological characteristics of the physical context of the intervention, limiting the modifications of the natural trend of the land (and consequently the consumption of soil and earth movements) while also safeguarding the hydraulic efficiency of the water courses (natural and artificial) interfered with by the work, the hydrogeology of the subsoil and the geotechnical stability of the surrounding areas natural reliefs and artificial embankments.

    6. When drafting the PFTE, particular attention must be paid to:

    a) the ecological compatibility of the project proposal, favoring the use of techniques and materials, elements and components with low environmental impact;< /p>

    b) the adoption of measures which, in harmony with the project proposal, favor the protection and valorisation of cultural heritage, helping to preserve the memory of the national community and its territory and promoting cultural heritage as a driving force of economic development;

    c) the adoption of bioclimatic design principles and "passive systems" that allow improving the energy balance of the building, with a view to overall sustainability of the intervention itself;

    d) the useful reuse of excavation materials (as by-products and/or for naturalistic engineering interventions), minimizing landfill disposal;

    < p>e) the evaluation of the overall costs of the life cycle, including "end of life" costs;

    f) the inspectability and maintainability of the work, also making use of digital information management methods and tools of the constructions referred to in article 43 of the code;

    g) the adoption of the best guidelines for the processes and methods of transport and storage of goods, capital goods and personnel, functional to the start-up phases, construction and maintenance of the work, favoring certified models, processes and organisations.

    7. The PFTE, in relation to the size, type and category of the intervention, is, in general, subject to a different provision motivated by the RUP in the DIP, composed of the following documents:

    a) general report;

    b) technical report, accompanied by findings, assessments, investigations and specialist studies;

    c) preventive verification report of the archaeological interest (article 28, paragraph 4, of the cultural heritage and landscape code referred to in legislative decree 22 January 2004, n. 42, and any direct investigations on the ground, including digitally supported; p>

    d) environmental impact study, for works subject to environmental impact assessment, hereinafter «EIA»;< /p>

    e) sustainability report of the work;

    f) plano-altimetric surveys and state of consistency of the existing works and those interfering in the immediate vicinity of the work to be designed;< /p>

    g) information models and related specialist report, in the cases provided for by article 43 of the code;

    h) graphic drawings of the works, in the appropriate scales, integrated and consistent with the contents of the information models, when present;

    i) estimate of the work;

    l) economic framework of the project;< /p>

    m) general economic and financial plan, for the works to be carried out through public-private partnership;

    n) timetable;

    o) safety and security plan of coordination, aimed at protecting the health and safety of workers on construction sites, pursuant to Legislative Decree 9 April 2008, n. 81, as well as in application of the current trade union agreements on the matter. Estimation of security costs. The safety and coordination plan can be supported by information models;

    p) information specifications in the cases provided for in Article 43 of the code. The information specifications will contain within it the specifications relating to the equivalence of the information contents present in the documents with respect to the levels of information needs required for the information models;

    q) preliminary maintenance plan for the work and its set off. The maintenance plan can be supported by information models;

    r) preliminary geotechnical and structural monitoring plan;

    s) for works subject to EIA, and in any case where required, plan preliminary environmental monitoring;

    t) parcel plan of the areas to be expropriated or to be acquired, where relevant.

    8. If, pursuant to Article 43 of the code and the related Annex I.9, the drafting of the technical and economic feasibility project is supported by construction information methods and tools, within the data sharing environment, they are defined, at within the information specifications, depending on the objectives, the levels of information needs and the equivalence between the information containers inherent to the documents and those corresponding to the information models, especially where the documents indicated by articles 7 could not be drawn from the latter to 19 of this annex.

     

    Article 7.

    Report general.

    1. The general report, in relation to the type, category and size of the intervention, is divided into:

    a) description of the justifications for the need for the intervention, in relation to the general objectives identified by the client in the Framework demanding. Indication of the consequent performance levels to be achieved and, where relevant, of the related performance indicators that allow the achievement of the expected objectives to be verified once the works have been completed, during the operation phase;

    b) identification of the objectives set based on the design, in relation to the contents of the DIP, as well as the specific technical performance requirements of the project to be satisfied;

    c) detailed description, through descriptive and graphic documents, of the characteristics typological, functional, technical, managerial and economic-financial aspects of the chosen project solution;

    d) summary in descriptive and graphic form of the project alternatives analyzed in the DOCFAP, where drawn up, which constitutes a document attached to the technical feasibility project and economic, together with the relevant DOCFAP approval determination for the purposes of verifying the coherence of the design process;

    e) list of reference regulations, with explicit reference to the performance or prescriptive parameters adopted for the PFTE, in relation to the various mandatory regulatory areas or in any case taken as reference, such as actions and their combinations, return times, exposure classes, event scenarios;

    f) summary of the economic and financial aspects of the project (cost estimate of the works; economic spending framework; possible division of the intervention into functional and/or performance sections, or into functional and usable sections for network works; summary of the sources of financing to cover the expenditure; economic and financial plan, where applicable; summary indications on the employment impact of the intervention both during its implementation and operation, in cases where it is required; general indications of impact in terms of involvement of micro and small businesses, both in the construction phase of the work and in the planned and extraordinary maintenance phases);

    2. The description of the design solution is divided into:

    a) explanation of the design solution and the path that led to the development of this solution on the basis of the results of the specialist studies and investigations referred to in letter c);< /p>

    b) functional, technical and interrelationship aspects between the different elements of the project, architectural, functional, structural, plant engineering, also in reference to the contents of the DIP;

    c) considerations relating to feasibility of the intervention, also documented on the basis of the results of the environmental impact study in cases where it is foreseen, as well as the results of the investigations indicated below and the consequent assessments regarding the feasibility of the intervention:

    1) results of the geological, hydrogeological, hydrological, hydraulic, geotechnical, seismic, environmental, archaeological studies and investigations carried out;

    2) results of the investigations regarding any environmental, hydraulic, historical, artistic, archaeological, landscape, or of any other nature, interfering with the areas or works involved;

    3) outcomes of the assessments on the state of the quality of the environment affected by the intervention and its possible evolution, in absence and presence of the intervention itself, as well as in progress;

    4) considerations and assessments on the compatibility of the intervention with respect to the territorial and environmental context;

    d) assessment in order of the interferences of the intervention to be carried out with pre-existing works or with public services present along the route and proposal for resolution of the interferences themselves and estimate of the foreseeable costs;

    e) reconnaissance regarding the availability of the areas and any properties on which the intervention must be carried out, the related acquisition methods, the foreseeable charges;

    f) indications for the efficiency of transport and logistics processes in light of logistics sustainability technologies and models most used at an international level, where required and applicable;

    g) indications on the decommissioning phase of the construction site and environmental restoration of the state of the places;

    h) indications on accessibility, use and level of maintenance of existing works, systems and services.

    3. In the case of interventions carried out on existing works, the report describes the state of consistency, the level of knowledge, the typological, structural and plant characteristics, as well as the reasons that led to the choice of the design solution.

     

    Article 8.

    Technical report.

    1.The technical report of the technical and economic feasibility project is accompanied by investigations and specialist studies (which constitute attachments and which are signed by the respective qualified technicians).

  • Annex I.8 Prior verification of archaeological interest.

    (Article 41, paragraph 4)

     

    Article 1

    1. The preventive verification of the archaeological interest, provided for by article 41 paragraph 4 of the code, is carried out according to the following procedure.

    2. For the purposes of verifying eligibility for the preventive verification procedure of the archaeological interest, for the works subject to the application of the provisions of the code, the contracting authorities and the granting bodies transmit to the territorially competent superintendent, before approval, a copy of the project feasibility of the intervention or of an extract of it sufficient for archaeological purposes, including the results of the preliminary geological and archaeological investigations with particular attention to the archive and bibliographic data available, the results of the reconnaissance aimed at observing the terrain, reading of the geomorphology of the territory, as well as, for network works, photo interpretations. The contracting authorities and granting bodies collect and process this documentation through the archaeological departments of the universities, or through individuals in possession of a degree and specialization in archeology or a PhD in archaeology. The transmission of the above documentation is not required for interventions that do not involve new construction or excavations at levels other than those already occupied by the existing artefacts.

    3. A specific list has been established at the Ministry of Culture, made accessible to all interested parties, of university archaeological institutes and individuals in possession of the necessary qualifications. By decree of the Minister of Culture, after consulting a representation of the university archaeological departments, the criteria for keeping the said list will be regulated, however providing for methods of participation of all interested parties. Until the date of entry into force of said decree, the list of university archaeological institutes and subjects in possession of the necessary existing qualification remains valid and the criteria for its maintenance adopted by decree of the Minister for Goods and Activities continue to apply. cultural 20 March 2009, n. 60.

    4. If, on the basis of the elements transmitted and further information available, the superintendent deems the existence of an archaeological interest in the areas covered by the project, he may justifiably request, within the peremptory deadline of thirty days from receipt of the feasibility project or of the excerpt of referred to in paragraph 2, the subjection of the intervention to the procedure provided for in paragraphs 7 et seq. The superintendent communicates the outcome of the eligibility check at the services conference. For projects of large infrastructural or network works, the peremptory deadline for the request for the preventive verification procedure of the archaeological interest is set at sixty days. The terms referred to in the first and second periods may be extended for no more than fifteen days in the event of the need for in-depth investigations or documentary additions.

    5. Even in the event that, due to a low, very low or zero archaeological risk, the outcome of the eligibility verification is that the conditions for starting the preventive verification procedure of the archaeological interest are not considered to exist, the superintendent communicates the outcome of the eligibility verification during the services conference, with the formulation of any targeted prescriptions, including archaeological assistance during construction in the case of areas with presumed but not easily definable archaeological potential.

    6. In any case, the communication relating to the outcome of the eligibility verification allows for the completion of the service conference with regards to the archaeological profiles, without prejudice to the final decisions of the Superintendency resulting from the final outcome of the preventive verification of the archaeological interest, if arranged pursuant to paragraph 4.

    7. The preventive verification procedure of the archaeological interest, the costs of which are borne by the contracting authority, consists in carrying out the following investigations and drafting the supplementary documents of the feasibility project:

    a) execution of core samples;

    b) geophysical and geochemical prospecting;

    c) archaeological tests and, where necessary, execution of surveys and excavations, even extensive enough to ensure sufficient sampling of the area concerned from the works.

    8. The procedure referred to in paragraph 7 ends within the peremptory deadline of ninety days from the request referred to in paragraph 4 with the drafting of the definitive archaeological report, approved by the territorially competent sector superintendent. The report contains an analytical description of the investigations carried out, with the related outcomes listed below, and dictates the consequent provisions:

    a) contexts in which the stratigraphic excavation directly exhausts the need for protection;

    b) contexts that do not highlight finds that can be read as a unitary structural complex, with a poor level of conservation for which interventions of reinterment, disassembly, reassembly and museum display are possible, in another location than that of discovery;

    c) complexes whose conservation cannot be otherwise ensured than in a contextualized form through integral maintenance on site.

    9. In the cases referred to in paragraph 8, letter a), the preventive verification procedure of the archaeological interest is considered closed with a negative outcome and the non-existence of archaeological interest in the area affected by the works is ascertained. In the cases referred to in paragraph 8, letter b), the superintendency determines the measures necessary to ensure the knowledge, conservation and protection of archaeologically relevant finds, without prejudice to any protection measures to be adopted pursuant to the cultural heritage code and the landscape, pursuant to legislative decree 22 January 2004, n. 42, relating to individual discoveries or their context. In the case referred to in paragraph 8, letter c), the provisions are included in the subjugation measures to protect the area affected by the discoveries and the Ministry of Culture initiates the declaration procedure referred to in articles 12 and 13 of the aforementioned heritage code cultural and landscape.

    10. If the preventive verification of the archaeological interest extends beyond the start of the procedure for awarding the works, the special specifications of the project based on the awarding of the works must strictly regulate, to protect the public interest underlying the realization of the work , the possible contractual and technical scenarios that could arise based on the outcome of the verification itself. In any case, the preventive verification procedure of the archaeological interest must be completed no later than the date scheduled for the start of the works.

    11. By decree of the President of the Council of Ministers, upon proposal of the Minister of Culture, in agreement with the Minister of Infrastructure and Transport, by 31 December 2023, guidelines are adopted aimed at ensuring promptness, efficiency and effectiveness of the procedure referred to in this article. With the same decree, simplified procedures are identified, with certain deadlines, which guarantee the protection of the archaeological heritage taking into account the public interest underlying the realization of the work.

     

  • Annex I.9 Methods and tools for digital information management of constructions.

    (Article 43)

     

    Article 1.

    1. This annex defines the methods and terms of adoption of digital construction information management methods and tools to be used, in relation to each individual technical-administrative procedure within the contracting authority, for the awarding and execution of public contracts of works, services and supplies and aimed at the maintenance and management of the entire life cycle of the real estate or infrastructure asset, up to its disposal. The use of these methods and tools constitutes a parameter for evaluating the rewarding requirements for the qualification of contracting authorities.

    2. The contracting authorities, before adopting the processes relating to the digital information management of constructions for individual procedures, regardless of the design phase and the relative value of the works, necessarily:

    a) define and implement a plan specific training of personnel, according to the different roles covered, with particular reference to digital modeling methods and tools, also to ensure that those responsible for administrative and technical activities obtain adequate training and professionalism and experience requirements also in reference to the responsible for information management referred to in paragraph 3;

    b) define and implement a plan for the acquisition and maintenance of hardware and software tools for digital management of decision-making and information processes;

    c) draw up and adopt an organizational act for the formal and analytical explanation of the control and management procedures aimed at digitizing the organizational system of the processes relating to the awarding and execution of public contracts, as well as for the management of the life cycle of the available and unavailable goods. This organizational act is integrated with any management and quality systems of the contracting authority.

    3. The contracting authorities that adopt the methods and tools referred to in paragraph 1 appoint a manager of the data sharing environment and at least one manager of the digital processes supported by information models. These contracting authorities also appoint for each intervention an information flow coordinator within the support structure for the single manager referred to in Article 15 of the code. These managers and coordinators must achieve adequate competence also through the successful attendance of specific training courses.

    4. The contracting authorities adopt their own data sharing environment, defining its characteristics and performances, the ownership of the data and the methods for their processing, sharing and management during the awarding and execution of public contracts, in compliance with the provisions of the right to author, intellectual property rights and confidentiality. The data and information for which there are no specific confidentiality or security requirements are made interoperable with public administration databases for the purposes of monitoring, control and reporting of investments envisaged by the three-year public works program and by the three-year program of purchases of goods and services. The information requirements are made explicit in the feasibility documents of the design alternatives and preliminary guidelines and must allow the integration of the data structures generated throughout the process.

    5. Contracting authorities use interoperable platforms using non-proprietary open formats. The data is processed into multidimensional, object-oriented disciplinary information models. The information produced is managed through digitalized information flows within a data sharing environment and is shared among all participants in the project, construction and management of the intervention. The data can be used according to open, non-proprietary formats standardized by independent bodies, in compliance with the technical specifications referred to in paragraph 6, so as not to require the exclusive use of specific technological applications.

    6. To ensure uniformity of use of the methods and tools referred to in paragraph 1, the technical specifications contained in the tender documentation, including the information specifications, refer to the technical standards referred to in Regulation (EU) no. 1025/2012 of the European Parliament and of the Council, of 25 October 2012 in the following order of relevance:

    a) European technical standards for mandatory transposition in all European Union countries, published in Italy with the codification UNI EN or UNI EN ISO;

    b) international technical standards of voluntary transposition, published in Italy with the UNI ISO coding;

    c) national technical standards valid in the areas not covered by the UNI EN and UNI ISO, published in Italy with the UNI coding.

    7. For the purposes of this article, the international standards implemented by the European Union of the UNI EN ISO 19650 series are relevant, and the standards of the UNI 11337 series also serve as a useful reference. In the absence of technical standards referred to in letters a), b) and c) of the paragraph 6, reference is made to other national or international technical specifications of proven validity. At least within the individual contracting authority or individual granting body, uniformity can be further increased with the preparation of documents and operational repertoires connected to the organizational act referred to in paragraph 2, letter c), such as guidelines specifications or libraries of information objects to be configured in an integrated manner with pre-existing administration management systems.

    8. In case of assignment of services relating to architecture and engineering, the contracting authorities prepare an information specification to be attached to the tender documentation, consistent with the definition of the information requirements and with the design guidance document referred to in Article 41 of the code and the related annex 1.7, which contains at least:

    a) the general and specific strategic information requirements, including the levels of definition of the information contents, taking into account the nature of the the work, the process phase and the type of contract;

    b) the elements useful for identifying the production, management, transmission and archiving requirements of information content, in close connection with the objectives decision-making and management, as well as possibly the information model relating to the current state;

    c) the description of the specifications relating to the data sharing environment and the conditions of ownership, access and validity of the same, also with respect to the protection and security of data and confidentiality, the regulation of copyright and intellectual property;

    d) the provisions relating to the maintenance of the interoperability criteria of information tools over time.

    9. For the start of procedures for the assignment of works with an executive project or with an integrated contract, the contracting authorities prepare an information specification consistent with the design level used as the basis for the tender. The contractual documents regulate the contractor's obligations regarding digital information management of construction.

    10. For the assignments referred to in paragraphs 8 and 9, the following rules apply in particular:

    a) the tender documentation is made available between the parties, via the data sharing environment, on support computer by means of digital formats consistent with the nature of the content of the documents and with the provisions of the information specifications;

    b) the participant in the competitive procedure using the criterion of the most economically advantageous offer presents an offer of information management in response to the requirements requested in the information specifications;

    c) the contractor, after the stipulation of the contract and before starting its execution, prepares an information management plan, to be submitted to the approval of the contracting authority, subject to any updates and modifications during the execution of the contract;

    d) the delivery of all requested information content takes place via the data sharing environment of the contracting authority;

    e) the entrusted entity takes care of the coordination of information management to make the data compatible with each other, in compliance with the information specifications and the information management plan presented;

    f) the design verification activities referred to in article 42 of the code are carried out using the methods and tools referred to in paragraph 1 of this article;

    g) until the mandatory introduction of the methods and tools of referred to in paragraph 1, the contractual prevalence of the information contents is defined by their explanation through graphic and documentary documents in strict coherence, if possible, with the information model as regards the geometric, dimensional and alphanumeric contents;

    h) the tender documentation may also be made available in digital format, it being understood that for all intents and purposes, in the event of a lack of consistency between the information model and the traditional graphic documentation, the traditional one is considered valid;

    i) a starting from the mandatory introduction of the methods and tools referred to in paragraph 1, the contractual prevalence of the information contents is defined by the information models to the extent that this is technologically practicable. The information contents must, in any case, be related to the information model within the data sharing environment.

    11. The coordination, management and technical-accounting control of the execution of public contracts can be carried out through the use of digital information management methods and tools. To this end, if the works director does not possess the necessary skills, an information flow coordinator is appointed within his office. For the final testing or verification of conformity, the contractor delivers the information model of the work carried out for the subsequent management of the life cycle of the real estate or infrastructure asset. The verification of this model is part of the testing and conformity verification activities.

    12. In the formulation of information requirements by contracting authorities and granting bodies, specific uses, operational methodologies, organizational processes and technological solutions can be defined, for their subsequent rigorous implementation during the execution of public contracts, as objects of evaluation to purposes of rewarding, where admissible, the contents of the candidates' offers. In particular, requirements and proposals can be defined:

    a) for the integration of information management with project management and risk management;

    b) to facilitate the management of the data sharing environment in the context of cyber security;

    c) to increase the level of data protection, confidentiality and security, with particular reference to the data sharing environment;

    d) to use electronic methods and tools to achieve environmental sustainability objectives also through the principles of green public procurement;

    e) to increase, in a computational sense, through the information management plan, the production and delivery of information models and their connection with other information contents present in the data sharing environment;

    f) which allow the contracting authority to have data and information useful for the exercise of its functions or for maintaining the interoperability characteristics of the information models;

    g) with reference to the design, which allow the authorization processes to be digitally supported;

    h) with reference to the design phase, which allow the verification and validation activities of the projects to be digitally supported;

    i ) to support the formulation and evaluation of improvement and risk mitigation variants;

    l) with reference to the execution phase of the works, to increase the transition from executive design to construction design, to related digital devices to multi-dimensional information modeling relating to the monitoring and control of the temporal and economic progress of the works, to the use of augmented and immersive reality technological solutions;

    m) with reference to the execution phase of the works, to digitally increase health and safety conditions on construction sites;

    n) with reference to the execution phase of the works, to digitally increase the conditions relating to environmental and circular management on construction sites;

    < p>o) with reference to the execution phase of the works, to increase the conditions of communication and interconnection between the entities present on the construction site aimed at facilitating relations between the parties involved;

    p) with reference to the execution phase of the works, relating to digital methods for the traceability of materials and supplies and for the traceability of the production and assembly processes, also for the purposes of controlling the costs of the life cycle of the work;

    q) with reference to the execution phase of the works, relating to the provision, at the end of the same, of the information kit useful for starting the operation of the asset and the activities connected to it;

    r) with reference to the management phase of the works, which allow digitally supporting the governance of the asset's performance and its levels of usability.

    13. By decree of the Minister of Infrastructure and Transport, a commission is established, without new or greater burdens on public finances, for monitoring the outcomes, the difficulties encountered by the contracting authorities during the application of the provisions of this annex, as well as to identify preventive or corrective measures to overcome them, also in order to allow the updating of these provisions.

     

  • Annex I.10 Technical activities covered by the appropriations foreseen for the individual procedures.

    (Article 45, paragraph 1)

     

    Activities of:

    - planning of investment spending;

    - sole manager of the project;

    - collaboration in the activity of the sole manager of the project (managers and employees to the technical-administrative management of the intervention)

    - drafting of the feasibility document of the project alternatives;

    - drafting of the technical and economic feasibility project;

    - drafting of the executive project;

    - coordination for safety during the design phase;

    - verification of the project for the purposes of its validation;

    - preparation of tender documents;

    - works management;

    - works management office (operational director(s), site inspector(s);

    - coordination for safety during execution;

    - direction of execution;

    - collaborators of the director of execution

    - coordination of safety in execution phase;

    - technical-administrative testing;

    - regular execution;

    - conformity verification;

    - static testing (where necessary).

     

  • Annex I.11 Provisions relating to the organisation, responsibilities, operating rules, as well as further duties of the Superior Council of Public Works.

    (Article 47, paragraph 4)

     

    Article 1.

    Additional skills and responsibilities.

    1. The Superior Council of Public Works, within the scope of the tasks attributed to the State and in compliance with the prerogatives of the regions and autonomous provinces, provinces, metropolitan cities and municipalities, in addition to the provisions of article 47 of the code, also exercises consultative functions and expresses opinions:

    a) on every issue attributed to it, when provided for by current legislation;

    b) on the texts of the technical standards prepared in implementation of the consolidated text of the provisions legislative and regulatory matters in the field of construction referred to in the decree of the President of the Republic of 6 June 2001, n. 380, as well as the laws of 5 November 1971, n. 1086, and 2 February 1974, n. 64, for the fields of application originally envisaged by the relevant regulatory texts and not applicable to Part I - Construction activities of the same consolidated text referred to in the decree of the President of the Republic no. 380 of 2001;

    c) on the texts of the technical standards prepared in implementation of the new highway code referred to in the legislative decree of 30 April 1992, n. 285;

    d) on the circulars and guidelines prepared in implementation and within the limits of the laws referred to in letters a), b) and c).

    2. The Superior Council of Public Works, through the Central Technical Service:

    a) takes care of the preparation of the technical standards on the minimum structural safety of buildings to be observed throughout the national territory;

    b ) takes care of the preparation of guidelines, operating instructions, technical documents relating to the technical standards referred to in letter a);

    c) exercises the technical-scientific coordination of regulatory activity, both nationally and at a European level, in the civil engineering and construction materials and products sectors for which it is of priority importance to ensure compliance with basic requirement no. 1, “mechanical resistance and stability”, referred to in Annex I to Regulation (EU) no. 305/2011 of the European Parliament and of the Council, of 9 March 2011, which establishes harmonized conditions for the marketing of construction products, and the legislative decree of 16 June 2017, n. 106;

    d) exercises, in agreement with the National Research Council, the supervision of the entities referred to in Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015, which carry out the functions of a standardization body limited to the field of civil and structural engineering, pursuant to articles 4 and 5 of law 21 June 1986, n. 317.

    3. The Superior Council of Public Works ensures the fulfillment of the representation tasks in the technical bodies of the European Union responsible for the implementation of Regulation (EU) no. 305/2011, and legislative decree no. 106 of 2017, concerning the qualification and safety of materials and products for civil engineering. Identify, for the aforementioned purposes, the national technical representatives.

    4. The Superior Council of Public Works expresses its opinion on issues pertinent to the matters referred to in paragraph 1, submitted to it for examination by the constitutional bodies, by the President of the Council of Ministers, by individual ministers, by the presidents of the regions and autonomous provinces of Trento and of Bolzano, by local authorities, by other public bodies and by independent authorities and can draw up particular technical standards upon request of the same subjects. At the request of the Minister of Infrastructure and Transport, the Superior Council of Public Works also carries out specific technical missions regarding particularly complex problems.

    5. The Superior Council of Public Works also expresses an opinion on issues pertinent to the matters referred to in paragraph 1, submitted to it for examination by associations recognized at national level, by the National Council of Engineers, by the National Council of Architects, Planners, Landscapers and Conservators and the National Council of Geologists.

     

    Article 2.

    Composition.

    1. The Superior Council of Public Works is composed of the President, the Section Presidents, the General Secretary, the managers of the Central Technical Service, the effective members referred to in paragraph 3, the ex-officio members referred to in paragraph 4. The composition of the Council superior of public works is identified by decree of the Minister of Infrastructure and Transport for a period of three years.

    2. The general level manager in charge until 31 December 2026 of the support structure referred to in article 45, paragraph 4, of the legislative decree of 31 May 2021, n. 77, converted, with amendments, by law 29 July 2021, n. 108, assumes the role of President of the Special Section of the Superior Council of Public Works.

    3. The following are effective members of the Superior Council of Public Works:

    a) no less than nine second level managers with the function of advisors to the Superior Council of Public Works, chosen for their ability and professional experience in the matters referred to in paragraphs 1, 2 and 3 of article 1, among the second level managers of the role of the Ministry of Infrastructure and Transport and appointed, upon proposal of the President, with the procedures referred to in article 19, paragraphs 4, 5- bis and 6, of the legislative decree 30 March 2001, n. 165. These include, starting from the entry into force of the code, the non-general level manager referred to in article 45, paragraph 4, of legislative decree no. 77 of 2021, converted, with amendments, by law no. 108 of 2021, which until 31 December 2026 carries out the functions referred to in the aforementioned law decree;

    b) three councilors of State, three councilors of the Court of Auditors and three State lawyers designated, respectively, by the President of the Council of State, the President of the Court of Auditors and the State Attorney General. These also include the administrative magistrate, the councilor of the Court of Auditors and the state lawyer referred to in article 45, paragraph 1, letter e), of legislative decree no. 77 of 2021, converted, with amendments, by law no. 108 of 2021;

    c) seven general level managers serving in the State administrations, designated by the President of the Council of Ministers and the respective Ministers, one of whom belongs to the Presidency of the Council of Ministers, one belonging to the Ministry of Infrastructure and of Transport, one belonging to the Ministry of the Environment and Energy Security, one belonging to the Ministry of Culture, one belonging to the Ministry of the Interior, one belonging to the Ministry of Economy and Finance and one belonging to the Ministry of Defence. These include, starting from the entry into force of the code, the seven general level managers referred to in article 45, paragraph 1, letter a), of legislative decree no. 77 of 2021, converted, with amendments, by law no. 108 of 2021;

    d) three representatives designated by the Unified Conference referred to in article 8 of the legislative decree of 28 August 1997, n. 281, chosen from subjects with adequate professionalism. These, from the date of entry into force of the code, are the three representatives designated by the Unified Conference referred to in article 45, paragraph 1, letter b), of legislative decree no. 77 of 2021, converted, with amendments, by law no. 108 of 2021;

    e) three representatives of the professional associations designated, respectively, by the National Council of Engineers, by the National Council of Architects, Planners, Landscape Designers and Conservationists and by the National Council of Geologists. These, from the date of entry into force of the code, are the three representatives designated by the professional associations referred to in article 45, paragraph 1, letter c), of legislative decree no. 77 of 2021, converted, with amendments, by law no. 108 of 2021;

    f) thirty experts chosen from ordinary and associated university professors, with clear and proven competence in the subjects referred to in paragraphs 1, 2 and 3 of article 1, as well as in economic subjects, appointed by decree of the Minister of Infrastructure and Transport, upon indication of the President of the Superior Council of Public Works. These include, starting from the entry into force of the code, the thirteen experts referred to in article 45, paragraph 1, letter d), of legislative decree no. 77 of 2021, converted, with amendments, by law no. 108 of 2021.

    4. The following are members by right of the Superior Council of Public Works, by virtue of their office:

    a) the interregional supervisors for public works of the Ministry of Infrastructure and Transport;

    b) the Head of the Civil Protection Department;

    c) the Head of the Fire Brigade, Public Rescue and Civil Defense Department of the Ministry of the Interior;

    d) the Director General of Archeology , fine arts and landscape of the Ministry of Culture;

    e) the Director General of environmental assessments of the Ministry of the Environment and Energy Security;

    f) the Director General of works and state property (Geniodife) of the Ministry of Defence;

    g) the Director of the National Agency for the safety of railways and road and motorway infrastructures.

    5. For the examination of public works projects referred to in article 39 of the code, they are invited with the right to vote to participate in the meetings of Sections I, II and III, referred to in article 4 and of the General Assembly of the Superior Council of public works, referred to in article 3, a representative of each municipality and each province or metropolitan city in which the work is located, as well as a representative of each territorially competent autonomous region or province.

    6. The members of the Superior Council of Public Works cannot be represented.

    7. The members of the Superior Council of Public Works, even if outside the State administrations, are required to maintain confidentiality regarding the business they deal with.

     

    Article 3.

    General Assembly.

    1. The General Assembly of the Superior Council of Public Works is made up of the President, the Section Presidents, the General Secretary, the managers of the Central Technical Service, the effective members referred to in article 2, paragraph 3, the ex-officio members referred to in article 2, paragraph 4, as well as by any experts chosen by the President, in a number not exceeding forty and without the right to vote. For participation in the activities of the General Assembly, experts without the right to vote are not entitled to compensation or attendance fees, but are only entitled to reimbursement of expenses within the limits of the resources available under current legislation. The General Assembly expresses its opinion on the matters placed on the agenda by the President.

    2. On the date of entry into force of the code, the functions of the special committee referred to in article 45 of the legislative decree of 31 May 2021, n. 77, converted, with amendments, by law 29 July 2021, n. 108, are carried out by the Special Section of the Superior Council of Public Works.

    3. The support structure referred to in article 45, paragraph 4, of legislative decree no. 77 of 2021, converted, with amendments, by law no. 108 of 2021, operates within the organizational structure of the Superior Council of Public Works until 31 December 2026, maintaining the functions referred to in the aforementioned law-decree.

    4. The members of the Special Section referred to in article 4 are paid, until 31 December 2026, the compensation provided for in article 45, paragraph 3, of legislative decree no. 77 of 2021, converted, with amendments, by law no. 108 of 2021. The other members of the Superior Council of Public Works are paid, also in derogation of the provisions of article 24, paragraph 3, of the legislative decree of 30 March 2001, n. 165, without prejudice to the limit referred to in article 23-ter, paragraph 1, of the legislative decree of 6 December 2011, n. 201, converted, with amendments, by law 22 December 2011, n. 214, an indemnity equal to 25 percent of the total amount of the economic treatment received from the administration to which one belongs and in any case not exceeding the sum of 20,000 euros per year including the charges borne by the Administration. The compensation referred to in the first period is determined in relation to the criteria established with specific internal regulations.

     

    Article 4.

    Sections.

    1. The Superior Council of Public Works is divided into four sections distinguished by subjects and tasks, called "Section I", "Section II", "Section III" and "Special Section". The distribution of subjects is defined by decree of the President of the Superior Council of Public Works, within three months from the date of entry into force of this annex. This distribution can be modified every two years, with the same procedure. Upon first application and until the new presidential decree is issued, the current distribution remains valid.

    2. For the examination of matters of particular importance or for reasons of urgency, a Select Committee is established by decree of the President of the Superior Council of Public Works and is composed of a Section President, who chairs it, and no more than six members, chosen from among the members of the Superior Council of Public Works. The President of the Select Committee may arrange for other members and experts to participate in the work without the right to vote. The participation of experts is free of charge. In the event of absence or impediment of the designated president, he is replaced by another section president appointed by the President of the Superior Council of Public Works.

     

    Article 5 .

    Central technical service.

    1. The Central Technical Service operates under the functional dependence of the President of the Superior Council of Public Works or of a Section President delegated by him and carries out the following functions:

    a) support to the Ministry of Infrastructure and Transport and to the same Superior Council;

    b) studies and research on construction materials, preparation of technical standards, guidelines and technical studies of a general and regulatory nature, in the areas of competence;

    c) activities investigations and issuing of provisions relating to:

    1) certification, inspection and European technical approval for products and systems intended for structural and geotechnical engineering works, in implementation of Regulation (EU) no. 305/2011, of the legislative decree 16 June 2017, n. 106, and other provisions of the European Union or national sector;

    2) qualification of standard prefabricated products pursuant to the consolidated text of legislative and regulatory provisions on construction, referred to in the decree of President of the Republic 6 June 2001, n. 380, and, for the part still applicable, of law 5 November 1971, n. 1086, as well as the technical standards referred to in articles 52, paragraph 1, and 60 of the same consolidated act referred to in the decree of the President of the Republic no. 380 of 2001;

    3) qualification and supervision of the products governed by the technical standards referred to in articles 52, paragraph 1, and 60 of the consolidated text referred to in the decree of the President of the Republic, n. 380 of 2001;

    4) recognition of the equivalence of qualified products in the European field for their use on the national territory;

    5) issuing of authorizations to the laboratories referred to in Article 59, paragraph 2, of the consolidated text referred to in the decree of the President of the Republic no. 380 of 2001;

    6) issuing authorizations to the bodies referred to in Chapter VII of Regulation (EU) no. 305/2011 and Chapter III of Legislative Decree no. 106 of 2017;

    7) issuing authorizations to certification bodies for factory process control (FPC) of concrete produced with an industrialized process, in accordance with the technical standards for construction;

    < p>d) market supervision pursuant to Chapter V of Legislative Decree no. 106 of 2017, limited to materials and products for structural use referred to in article 2, letter i), of the same legislative decree no. 106 of 2017.

    2. To carry out its activities, within the financial resources available under current legislation, without new or greater burdens on public finances, the Central Technical Service may entrust special consultancy and technical assistance tasks to university institutes or individual university professors or to independent entities, public or private, with proven experience and competence, to assist particularly complex activities that require highly specialized knowledge.

    3. The Central Technical Service may avail itself, through the stipulation of specific agreements, of the single national accreditation body in the exercise of its functions of control, verification and supervision of the existence and permanence of the requirements envisaged by specific provisions adopted by the Superior Council of Public Works, for the issuing and renewal of the provisions referred to in paragraph 1.

    4. The Central Technical Service is divided into four divisions of non-general management level, which are responsible for second-tier managers appointed on the proposal of the President of the Superior Council of Public Works, with the procedures referred to in article 19, paragraphs 4, 5-< i>bisand 6, of the legislative decree 30 March 2001, n. 165.

     

    Article 6.

    Observatory of the Technical Advisory Board.

    1. The Observatory is chaired by the President of the Superior Council of Public Works and is made up of:

    a) the Head of the Department for Public Works, Housing and Urban Policies, Water Infrastructure and Human and Instrumental Resources of the Ministry of Infrastructure and Transport;

    b) the Director General for the regulation of public contracts and supervision of major works of the Ministry of Infrastructure and Transport;

    c) three representatives designated by the Unified Conference referred to in article 8 of the legislative decree of 28 August 1997, n. 281, chosen from among subjects possessing adequate professionalism;

    d) five representatives designated by the professional associations, one of which designated by the Professional Association of Engineers, one designated by the Professional Association of Architects, one designated by the 'Professional Association of Geologists, one designated by the Professional Association of Chartered Accountants and Accounting Experts and one designated by the Professional Association of Lawyers;

    e) three experts chosen from university professors of clear and proven competence, on indication of the president of the Superior Council of Public Works;

    f) an administrative magistrate, with the role of advisor, an advisor of the Court of Auditors and a State lawyer.

    2. The members referred to in paragraph 1, letters c), d), e) and f), are appointed by decree of the Minister of Infrastructure and Transport, hold office for three years and can be confirmed for a second three-year period.

    3. The members of the Permanent Observatory cannot be represented and are not entitled to compensation, attendance fees, expense reimbursements or other emoluments however named.

     

    Article 7.< /b>

    Operation rules.

    1. The meetings of the General Assembly and of the Sections of the Superior Council of Public Works are valid with the presence of one third of the members and the opinions are valid when they are resolved with the favorable vote of the absolute majority of those present at the meeting.

    < p>2. The President of the Council of Public Works:

    a) convenes and presides over the General Assembly;

    b) convenes and presides over the meeting of the Special Section;

    c) assigns business to the General Assembly by indicating the rapporteurs and reporting commissions;

    d) assigns business to the Sections;

    e) schedules the sessions of the General Assembly;

    f) with its own decree defines the composition of the Sections by assigning the members, including non-internal ones;

    g) provides for the implementation of management control for the activity of the Superior Council of public works in compliance with the relevant directives of the Minister of Infrastructure and Transport, with at least annual verification of the compliance with the institutional purposes of the activity carried out in terms of effectiveness and efficiency, as well as the adequacy of the structure;

    h) appoints the commissions for the development of technical standards and regulatory guidelines, upon proposal of the coordinator of the Central Technical Service;

    i) arranges for the possible acquisition of the opinion of a section or of the assembly on documents having particular external relevance prepared by the Central Technical Service within the scope of its powers referred to in article 5;

    3. The President of the Superior Council of Public Works appoints a deputy president, chosen from among the four Section presidents who , in case of his absence or impediment, takes over his functions.< /p>

    4. The main matters subject to division between the Sections of the Superior Council of Public Works are the following:

    a) construction, sports facilities, structures, strategic works, construction materials and products;

    b) hydrogeology, hydraulic works, consolidation and movement of settlements, hydraulic-forestry works;

    c) maritime and port infrastructures, coastal defence, works for inland navigation;

    d) dams, plants for the production, transport and distribution of electricity, traditional or deriving from alternative sources;

    e) transport infrastructures and networks, devices and materials for road and railway safety, technological systems, innovative technologies, technological and IT infrastructures;

    f) territorial planning, environmental and sustainability issues;

    g) technical standards, seismic classification, professional skills, legislation on public works, planning of public works.

    5. The Presidents of Sections I, II and III of the Superior Council of Public Works:

    a) convene and preside over the sessions of the respective sections;

    b) appoint the rapporteur and the reporting commissions of the business assigned to the sections;

    c) they can invite to the sessions of the section experts who participate in the discussion without the right to vote, who are not entitled to compensation or attendance fees, but only the reimbursement of expenses is recognized within the limits of the resources available under current legislation.

    6. The President of the Special Section of the Superior Council of Public Works, member of the Special Section, coordinates the support structure referred to in article 45, paragraph 4, of the legislative decree of 31 May 2021, n. 77, converted, with amendments, by law 29 July 2021, n. 108.

    7. The President of the Superior Council of Public Works, upon request of the president of the Section in charge of the matter or of at least half of the effective members of the Section, who have participated in the deliberation, may order the examination or re-examination of the matter by the 'General assembly.

    8. The Secretary General of the Superior Council of Public Works, whose functions are assigned by the President to one of the second level managers of the same Council:

    a) assists the president in the exercise of his functions;

    b) provides for the management of the offices of the Superior Council of Public Works and its staff;

    c) provides for the administrative and accounting activity of the structure;

    d) adopts management criteria and accounting and reporting methods.

     

    Article 8.

    Final provisions.

    1. The staffing of first and second level managers, as well as the staff of the Superior Council of Public Works falls within the scope of the overall staffing of the Ministry of Infrastructure and Transport.

    2. The Superior Council of Public Works constitutes a center of administrative responsibility in accordance with the provisions of Article 3 of Legislative Decree 7 August 1997 n. 279 and pursuant to article 7, paragraph 5, of law 1 August 2002, n. 166.

    3. The appropriations intended for the Superior Council of Public Works are recorded in a specific basic forecast unit of the State of Estimates of the Ministry of Infrastructure and Transport.

    4. The resources assigned to the Superior Council of Public Works consist of:

    a) the appropriations referred to in paragraph 3;

    b) the revenues deriving from the proceeds of the activities of the Central Technical Service, pursuant to article 7, paragraph 9, of law no. 166 of 2002;

    c) from the revenues foreseen by current legal provisions.

    5. In order to guarantee the independence of the Superior Council of Public Works and absolute continuity in carrying out its functions, the provisions of Article 19, paragraph 8, of the Legislative Decree of 30 March do not apply to the President of the Superior Council of Public Works. 2001, n. 165.

    6.The implementation of this annex must not result in new or greater burdens on public finances.

  • Annex I.12 Urbanization works deducted from the construction contribution.

    (Article 13, paragraph 7)

     

    Article 1 b>

    Scope

    1. This annex identifies the methods of awarding urbanization works with deductions envisaged by article 13, paragraph 7, of the code, for which articles 37, 45,and 81 of the codedo not apply. In relation to the execution phase of the contract, only the rules governing the testing referred to in article 116 of the code.

     

    Article 2

    Design

    1. The administration that issues the building permit or other qualification may provide that, in relation to the implementation of the urbanization works, the person entitled to request the title presents to the administration itself, when requesting the aforementioned title, a project of the technical and economic feasibility of the works to be carried out, with an indication of the maximum time in which they must be completed, attaching the outline of the relevant procurement contract.

     

    Article 3

    Methods of assignment

    1. With reference to the assignment of the works referred to in article 2, the administration, on the basis of the technical and economic feasibility project, launches a tender in the manner provided for in articles 71 and 72 of the code.

    2. The administration establishes that the contract has as its object the executive planning and execution of works.

    3. The financial offer must clearly indicate the fee required for the executive design, for the execution of the works and for the safety costs.

     

    Article 4

    Urbanization by deduction

    1. For the awarding of public works referred to in article 13, paragraph 7, of the code, relating to urbanization works with deduction for amounts lower than those referred to in article 14 of the code, the provisions of article 50, paragraph 1, of the code.

     

    Article 5

    Primary urbanization

    1. In the case of primary urbanization works of an amount lower than the threshold referred to in Article 14, paragraph 1, letter a), of the code, calculated according to the provisions of Article 14, paragraph 9, of the code, functional to the intervention of urban transformation of the territory, article 16, paragraph 2-bis, of the consolidated text of the legislative and regulatory provisions on construction, pursuant to the decree of the President of the Republic of 6 June 2001, applies. n. 380.

     

  • Annex I 13 Determination of design parameters.

    (Article 41, paragraph 15)

     

    Article 1.< /b>

    Scope of application.

    1. This annex regulates the methods for determining the fees due for the project phases to be used as the basis for the assignments of engineering and architectural services, determined by updating the tariff framework referred to in table Z-2 of the decree of the Minister of Justice of 17 June 2016, published in the Official Journal of the Italian Republic n. 174 of 27 July 2016 (hereinafter «ministerial decree 17 June 2016»), to the provisions of article 41 of the code.

    2. For the determination of additional professional services, the ministerial decree of 17 June 2016 applies.

     

    Article 2.< /p>

    Division of the rates of the ministerial decree of 17 June 2016.

    1. Until the date of adoption of the decree referred to in article 41, paragraph 15, of the code, the rates provided for by the ministerial decree of 17 June 2016 are distributed in relation to the project phases as regulated by the same article 41 of the code, according to table A annexed to this annex.

    2. The rates relating to the preliminary design as defined in the ministerial decree of 17 June 2016 are fully attributed to the technical-economic feasibility project (PFTE).

    3. The rates relating to the definitive design as defined by the ministerial decree of 17 June 2016 are fully attributed to the PFTE and added to those referred to in paragraph 2, according to the following criteria:

    a) the QbII.05 rate must be attributed to the executive design in case there is no joint assignment of the design and execution of the works, and to the PFTE in the case of an integrated contract;

    b) the QbII.08 rate does not applies in the case of an integrated contract, as the provision of the special specifications and the contract scheme on the PFTE is already compensated by the QbI.05 rate.

    4. The rates relating to the executive planning as defined in the ministerial decree of 17 June 2016 are fully attributed to the new executive planning, according to the following criteria:

    a) the QbIII.03 rates, QbIII.04, QbIII.05, QbIII.07, in the case of an integrated contract, must be paid half to the design of the PFTE and, for the remaining half, to the executive project in order to compensate for the revision services in executive phase of the documents advanced to the PFTE;

    b) in ordinary cases, i.e. joint assignment of the two design phases, the rates QbIII.03, QbIII.04, QbIII.05, QbIII.07 remain entirely the responsibility of the executive design.

    5. Following the determination of the amount to be used as a basis for the tender, in relation to contracts for which the adoption of the Building Information Modeling (BIM) methodology is mandatory, a percentage increase of 10 percent must be applied. on the overall calculation of fees and before the application of the percentage relating to expenses and additional charges, which are also calculated on the BIM percentage increase. This increase must be applied to all services and to all the services entrusted.

     

    TABLE A< /p>

    < tr> < td>

    QbI.18

    < td>

    Descriptive and performance specifications

    < td>

    QbII.15

    < td>

    QbII.23

    < /tr>

     

    Description of individual services

    Rates

    Technical-economic feasibility project

    Reports, plans, drawings

    QbI.01

    Summary expense calculation, economic framework of project

    QbI.02

    Preliminary parcel plan of the areas or general survey of properties

    QbI.03

    Economic plan and general financial specifications

    QbI.04

    Special descriptive specifications and performance, contract scheme

    QbI.05

    Geotechnical report

    QbI.06

    Hydrological report

    QbI.07

    Hydraulic report

    QbI.08

    Seismic report and on the structures

    QbI.09

    Archaeological report

    p>

    QbI.10

    Geological report

    QbI.11

    Integral and coordinated planning – integration of specialist services

    < /td>

    QbI.12

    Urban inclusion study

    QbI.13

    Technical report on the state of consistency of the properties to be renovated

    < /td>

    QbI.14

    First indications for fire prevention design

    QbI.15

    First indications and prescription for the drafting of safety plans

    QbI.16

    Environmental pre-feasibility studies

    QbI.17

    Environmental monitoring plan

    Support to the RUP: supervision and coordination of preliminary design

    QbI.19

    Support for RUP: preliminary design verification

    < /td>

    QbI,20

    First indications of maintenance plan with Q=0.010

    QbI.21

    General and technical reports, drawings, calculation of structures and systems, any reports on the resolution of interferences and reports on material management

    QbII.01

    Surveys of the artifacts

    QbII.02

    QbII.03

    < p>Expropriation parcel plan

    QbII.04

    List of unit prices and any analyses, estimated metric calculation, economic framework

    QbII.05

    Urban inclusion study

    QbII.06

    Planoaltimetric surveys

    QbII.07

    Scheme of contract, special tender specifications

    QbII.08

    Geotechnical report

    QbII.09

    Hydrological report

    QbII.10

    Hydraulic relation

    QbII.11

    Seismic and structural report

    QbII.12

    Geological report

    QbII.13

    Historical-critical analysis and report on existing structures

    QbII.14

    Report on investigations of materials and structures for existing buildings

    Seismic verification of existing structures and identification of structural deficiencies

    QbII.16

    Integral and coordinated planning – integration of specialist services

    QbII.17

    Fire protection design documents

    QbII.18

    Landscape report

    < p align="center">QbII.19

    Papers and reports for acoustic requirements

    QbII.20

    Energy relationship

    QbII.21

    Energy diagnosis of existing buildings, excluding surveys and investigations

    QbII.22

    Update of the first indications and requirements for drafting the PSC

    Environmental impact or environmental feasibility study

    QbII.24

    Environmental monitoring plan

    QbII.25

    Support to the RUP: supervision and coordination of the final design

    QbII.26

    Support for RUP: verification of the final design

    QbII.27

    Design

    General and specialist reports, drawings, executive calculations

    QbIII.01

    executive

    Constructive and decorative details

    QbIII.02

     

    Estimated metric calculation , economic overview, price list and possible analysis, overview of the percentage incidence of the quantity of manpower

    QbIII.03

     

    Contract outline, special tender specifications, timetable

    QbIII.04

     

    Work maintenance plan

    QbIII.05

     

    Integral and coordinated planning – integration of specialist services

    QbIII.06

     

    Security and coordination plan

    QbIII.07

     

    Support to the RUP: supervision and coordination of the executive design

    QbIII .08

     

    RUP support: verification of executive design

    QbIII.09

     

    Support to the RUP: for planning and tender design

    QbIII.10

     

    Support for RUP: for project validation

    QbIII.11

     

    Reading note< /b>

    1) The rates relating to the former preliminary design are all confirmed in the new PFTE.

    2) The rates relating to the former definitive are transferred to the new PFTE, for exception of the following:

    2.1) QbII.05: transfers to the executive in case there is no joint assignment of the design and execution of the works or to the new PFTE in the case of integrated procurement;< /p>

    2.2) QbII.08: it is no longer to be used.

    With the new Code, the PFTE must achieve such in-depth analysis as to obtain all environmental, landscape and technical authorizations, which previously they were reserved for the definitive phase. With these objectives, the new PFTE effectively absorbs all the technical, relational and graphic contents of the outdated definitive design.

    3) The rates relating to the former executive design are all confirmed in the new executive design, with the following exception:

    3.1) QbIII.03, QbIII.04, QbIII.05 , QbIII.07: in the case of integrated procurement, 50 percent of the aforementioned rates are attributed to the new PFTE, while the remaining 50 percent is the responsibility of the executive to compensate for the executive revision of the documents advanced to the PFTE; in ordinary cases, without integrated procurement, they remain entirely the responsibility of the executive design.

    In the event that the PFTE is drawn up for the completion of the integrated procurement, the rule requires the anticipation of some documents ( PSC, PdM, in-depth calculations with related analyses, timetable and specifications) which will have to be compensated in this phase. Since, however, during the executive project phase the same documents will have to be reviewed and adjusted at the expense of the successful tenderer, the working hypothesis envisaged the division of said rates into two equal components, half to be attributed to the new PFTE and half to the executive project, for the burden of revision and updating.

    4) Introduction of a new rate to the PFTE: QbI.21 – First indications of the maintenance plan - with Q=0.010, as for the first indications and requirements for the drafting of the safety plans. This is a document not previously provided for by the regulations, introduced by the new Code, the processing of which is of non-trivial complexity and which must be fairly compensated.

    5) Introduction, in relation to contracts for which the BIM methodology, of a percentage increase of 10 percent to be applied to the overall calculation of fees before calculating expenses and additional charges (which must also be calculated on the BIM percentage increase).

     

  • Annex I 14 Criteria for the formation and updating of regional price lists.

    (Article 41, paragraph 13)

     

    Article 1.

    General information

    1. The regional price lists are drawn up pursuant to article 41, paragraph 13, of the code by the territorially competent regions and autonomous provinces, in agreement with the territorial branches of the Ministry of Infrastructure and Transport. This annex contains indications for the determination of price lists, respecting the organizational autonomy of each region and autonomous province, promoting the homogeneity of the relevant training and updating criteria. The price list operates as a tool to support the entire public procurement chain, in order to guarantee the quality of public works, safety on construction sites and the appropriateness of the cost of the works, taking into account the specificities of the production systems of the individual regions.

    2. To ensure maximum transparency and the public support function, the price lists are made available free of charge on institutional websites, with particular regard to the website of the competent region or autonomous province and of the Ministry of Infrastructure and Transport through the Public Contracts Service ( SCP), together, where possible, with the analytical description which leads to the definition of the cost of the work to be carried out. Without prejudice to the designer's skills regarding the correct definition of the composition of the cost of a work, the decision to make the system of formation of this cost public intends to promote maximum transparency with respect to the methodology for defining the published price. For the purposes of this paragraph, the regional price lists are made available in open data format.

    3. In order to ensure the homogeneity of the criteria for forming and updating the price lists, this annex contains indications relating to:

    a) the structuring and articulation of the price lists, also providing for the use of common definitions for guarantee, in compliance with territorial and product specificities, greater usability and possibility of comparison of regional price lists;

    b) the construction of an information system to be placed at the service of the construction sector at a national level, which allows the comparison and usability of the contents of the price lists in terms of prices, resources and technical standards of reference;

    c) the survey methodology, with references to the subjects from whom the information should be collected and the survey methods;

    d) the timing and methods for updating the price lists in implementation of this annex and for the progressive publication of the analysis;

    e) organizational aspects concerning the coordination between the regions and autonomous provinces and the Ministry of Infrastructure and Transport in order to define detailed instructions for the standardization of price lists and the systematization of common skills. p>

    4. The definition of the detailed instructions relating to paragraph 3, letters a), b), c) and d) is entrusted to the coordination table referred to in article 6 composed of representatives of the regions, within the regional price list network, and of the Ministry of Infrastructure and Transport. Pending the conclusion of this process, the price lists in force maintain their effectiveness and validity and the extraordinary update provided for by article 26 of the legislative decree of 17 May 2022, n. 50, converted, with amendments, by law 15 July 2022, n. 91, can be carried out with the previous methodology and procedures.

     

    Article 2

    < p>Structure and contents of the price list

    1. The reference price list is codified in terms of processes and resources. The term "works" means the result of a set of works necessary to carry out a work which in itself performs an economic or technical function, including those of environmental protection and defence.

    2. The processes are classified according to "subsequent levels" and the succession of the elements that compose them follows the structure of the production process. As an indication, these levels can be classified into:

    a) typology: identification of processes based on their functions and technological characteristics, mainly used for the construction of certain works;

    b) chapter: segment of an organizational nature within the classification of activities;

    c) item: subordinate classification to the chapter;

    d) article: classification subordinate to the item.

    3. The term "resource" means a cost element that constitutes a production factor in a job, a supply or a service. The resources, in turn, can be divided into:

    a) family: identification of human resources, products and equipment, based on the works and activities, in particular :

    1) human resource: work production factor, such as human physical or intellectual activity (in common terminology the term labor is used);

    2) equipment: capital production factor which includes capital goods, machines, vehicles, freight, transport, etc. (in common terminology, terms such as freight and transport are used);

    3) product: result of a man's productive activity, technically and economically defined; by extension also any raw materials used directly in the construction production activity;

    b) chapter: segment of an organizational nature within the classification of activities;

    < p>c) item: classification subordinate to the chapter;

    d) article: classification subordinate to the reference item.

    4. In order to correctly apply what is contained in the price lists, the general rules indicate the rules for measuring the work, the indications on the general expenses and the analysis criteria to be applied, as well as any increases to be applied in specific conditions that could arise from the needs of particular territories .

    5. By way of example, a possible price list organization scheme is shown in Table A attached to this annex.

    6. For the purposes of creating the information system referred to in article 1, paragraph 3, letter b), the transcoding codes that relate the contents of the regional price lists are constructed using an alphanumeric code, with identification and ordering functions, divided into multiple levels and containing a "prefix", which indicates the region or autonomous province to which it belongs, as reported in Table B attached to this annex and a two-digit number indicating the year to which the prices refer (22=2022 ; 23=2023; 24=2024; etc.). The prefix must also provide the possibility of identifying the price list and its possible update during the year.

    7. In price lists, the price list items are progressively drawn up according to coding methodologies that allow direct interaction with information modeling (BIM) methods and tools. The coding may involve the insertion of a text string which allows, through a series of tags, the automatic use and transfer of both the price items and the metadata associated with each process in the digital management processes of the design. The definition and construction of the transcoding method and information system as well as the indications on the progressive adaptation of price lists to a direct interaction with the information modeling methods and tools (BIM) is delegated to the Coordination Table referred to in Article 6. < /p>

     

    Article 3

    Resource prices and survey methodology

    i>

    1. The item relating to resources in the regional price lists includes human resources, equipment and products. This article reports the procedures and references for assigning the price of these resources. With the exception of human resources, for other resources the price is determined on the basis of a survey of the costs of products and equipment carried out in the area using the methodologies reported in paragraphs 5 to 12.

    2. The costs of human resources are defined through the cost of labour, which is determined annually, in specific tables, by the Ministry of Labor and Social Policies on the basis of the economic values defined by national collective bargaining between trade unions and employers' organisations. comparatively more representative work, of the rules on social security and welfare, of the different product sectors and of the different territorial areas. In the absence of the reference in the table, reference is made to the specific applicable collective agreement. In the absence of an applicable collective agreement, the cost of labor is determined in relation to the collective agreement of the product sector closest to the one taken into consideration. annually by the Ministry of Labor and Social Policies, and reported in specific tables. This cost refers to work carried out during ordinary hours and, therefore, the percentage increases foreseen for overtime, night or holiday work are not included.

    3. The cost of the equipment, technically defined as "rental", is determined through a survey carried out following the methodologies reported in paragraphs 5 to 12. It is divided into "cold rental" and "hot rental" based on the costs included in it, according to the following definitions:

    a) cold rental: the cold rental of the work vehicle or equipment does not include, unless otherwise specified, the costs of the labor necessary for its use, the expenses for consumables (fuel, lubricants, etc.) and normal maintenance and third party insurance;

    b) hot rental: includes the costs of the labor necessary for its use, the expenses for consumables (such as fuel or lubricants), normal maintenance and third party insurance. Any repairs and related hours of machine downtime are the responsibility of the economic operator, as a contracting party with the contracting authority.

    < p>4. The costs of the products, determined following the methodologies reported in paragraphs 5 to 12, concern the supply of products, including construction products, compliant with what is required by current legislation. The reference price of the products includes all costs deriving for the contractor from the relevant supply ex-worksite, including the cost of transport.

    5. Cost recording is the activity through which information and data relating to the costs of individual products and equipment are acquired. These data are subsequently processed in order to obtain a representative value of the final price, obtained by adding the value of general expenses and business profits to the sum of all costs. The technical specifications of the products and equipment subject to survey and inclusion in the price list must comply with the requirements and limitations established by current legislation, with particular reference to the provisions of article 79 of the code.

    6. The survey methodology to be used is, as a priority, the "direct" one, which involves the acquisition of data and information directly from the actors in the construction supply chain. The survey is carried out in compliance with statistical confidentiality, currently protected, in particular, by article 9 of legislative decree 6 September 1989, n. 322, so as to guarantee the anonymous circulation of data between the subjects involved in various capacities in the price list approval procedure. As part of the cost recording procedures, in the presence of personal data, they are acquired in compliance with the rules on the protection of personal data as regulated by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 ( GDPR-General Data Protection Regulation), also ensuring compliance with the principles of necessity, relevance and non-excess, in order to limit the processing to those personal data that are actually indispensable with respect to the objectives pursued. The survey activity allows the reliable acquisition of data and minimum information capable of constituting a representative reference of the cost of a product or equipment. The object of the survey contains:

    a) a precise description of the product or equipment subject to the survey, including references to technical standards or product specifications where applicable, and information useful for a possible conversion into different units of measurement;

    b) the price list, where present, official and in force in the survey period, explicitly reporting the item relating to the product or equipment being surveyed with the relative price ;

    c) evidence regarding the average discounts applied (compared to the current list price) to the product or equipment considered in the survey period;

    d) suitable proving documentation the compliance of the product with the minimum environmental criteria (CAM).

    7. The selection of the informants involved in the survey activity is carried out in compliance with the following requirements:

    a) the survey must be directed at selected economic operators (informants) who are part of the construction sector supply chain, from production to the resale or warehouse chain;

    b) the informants, distinguished on the basis of the product-territorial areas of operation and the different role in the procurement chain, must preferably be located and operational in the regional territory;< /p>

    c) for each product or equipment for which the survey is carried out, where the market allows, a suitable and representative number of operators must be available.

    8. Each region or autonomous province can activate further actions to control the quality of the data provided by the informants. The procedure for recording costs and acquiring the necessary data and information is divided into the following phases:

    a) the selection of informants, identified according to the requirements listed above;

    < p>b) the transmission of the request for the data and information to be provided, in compliance with statistical confidentiality, Regulation (EU) 2016/679 and the digital administration code, referred to in Legislative Decree 7 March 2005, n. 82;

    c) the processing and verification of the data and information acquired;

    d) the reporting of the activity.

    9. The survey period takes place by ensuring that the cost acquisition activity is concluded by October 31st in order to have the most up-to-date information possible and allow a timely update of the price list by December 31st of the year preceding the reference year. . In any case, without prejudice to the timing and methods resulting from any updates during the year, to the outcome of the monitoring carried out by the regions and autonomous provinces, in accordance with the provisions of article 6.

    10 . The Infrastructure, Mobility and Territorial Government Commission of the Conference of Regions and Autonomous Provinces makes use of the Institute for Innovation and Transparency of Procurement and Environmental Accounting (ITACA) to promote the monitoring of the costs of a specific list of more relevant and of greater use.

    11. The monitoring of the most relevant products is aimed at ensuring a greater exchange of information between the regions, also with a view to reducing any discrepancies in the survey method and published prices, as well as allowing intra-annual monitoring of the evolution of material costs, in contexts characterized by marked and sudden changes in the costs of products and equipment. To this end, the monitoring activity ends with the publication of a summary document, drawn up in the form of a table, which for each product or equipment subject to monitoring, indicates:

    a) the description of the product or equipment;

    b) the unit of measurement;

    c) the cost recorded by each region and autonomous province, net of general expenses (variable from 13 to percent to 17 percent), business profit (10 percent) and VAT;

    d) any notes.

    12. The table referred to in paragraph 11 allows the analysis of the average values, as well as the dispersion at a territorial level for the products considered. The comparison of the aforementioned table in different periods also allows us to highlight the percentage changes of each individual item compared to the previous period.

    13. At the end of the phase of checking the data and information acquired, the reference price is determined, which is subject to approval for the purposes of its publication in the price list. The reference price is calculated starting from the data and information acquired, through retraceable analytical methodologies, and is parameterized to the simple average. When the data collected is characterized by high dispersion or the presence of anomalous values, alternative synthetic indicators can be used, such as the use of the median, the weighted average (for the size of the informant) or the elimination of anomalous data. All published prices are exclusive of VAT.

     

    Article 4

    Objective scope of application and validity

    1. The price lists drawn up by the regions and autonomous provinces in agreement with the territorial branches of the Ministry of Infrastructure and Transport must be used for the purposes of definitively quantifying the spending limit for the construction of a work. The consultation between each region or autonomous province and the corresponding territorial branch of the Ministry of Infrastructure and Transport takes place when the price list is drawn up through the participation and expression of the opinion of representatives of the interregional authority for public works territorially competent in the scope of the work carried out by the bodies or technical tables or commissions established for this purpose by the regions or autonomous provinces.

    2. The price lists cease to be valid on December 31st of each year and can be temporarily used until June 30th of the following year for tender-based projects whose approval has occurred by that date, i.e.:

    a) in the case of a technical-economic feasibility project to be the basis of the tender, if the same project is approved by 30 June, it is possible to use the price list in force in the previous year for the purpose of quantifying the spending limit; after 30 June, the project to be the basis for the tender will be reviewed using the current price list;

    b) in the case of an executive project to be the basis for the tender, if the same is approved by June 30, the price list approved with the previous project level is used; in the event that further prices are necessary, they may be deducted from the price list in force in the previous year.

    3. The approval deadline referred to in paragraph 2, letters a) and b), refers to the date of adoption of the act of approval of the project used as the basis for the tender.

    4 . The published prices refer exclusively to the interventions as described and relate to construction sites with normal execution difficulties. Unless otherwise indicated, they do not include the amounts relating to any connected or complementary works, essential for the execution of the works described. Such additional amounts must be determined and calculated separately.

    5. Without prejudice, where permitted and authorised, to the publication of the price list in different forms, the official version is exclusively the one published in the Regional Official Bulletin (BUR), on the website of the competent region or autonomous province and of the Ministry of Infrastructure and Transport via the Public Contracts Service (PSP).

     

    Article 5

    The determination of the price based on tender

    1. The tender price of the works to be carried out is calculated on the basis of the estimated metric calculation which includes the indication of the work, the relative quantifications and the relative unit prices. The unit price of each process is obtained by resorting to the analytical description of the activities to be carried out, and attributing to the resources used the costs determined with the methodologies described in article 3. The analyzes refer to processes carried out in conditions of normal difficulty in execution. The analytical description leading to the definition of the cost of the work to be carried out is made public and available for consultation according to the instructions defined by the coordination table referred to in article 6.

    2. Price analysis is a procedure through which the value of a process is obtained by defining its components and the implications necessary for the realization of the work, elaborated on the basis of the following factors:

    a ) first direct cost or technical cost (CT) broken down as follows:

    1) cost per unit of labor time (RU);

    2) cost per unit of measurement of products to be construction (PR);

    3) cost per unit of time of equipment (AT);

    b) indirect cost consisting of general expenses (defined between 13 percent and 17 percent) (SG);

    c) notional cost (U):

    1) business profits equal to 10 percent (U) .

    3. The price is determined through the following analysis operations:

    a) applying the respective elementary costs to the quantities of products, equipment and human resources necessary for the creation of the unit quantities of each item;

    < p>b) adding the percentage for overheads;

    c) adding a percentage of 10 percent for the performer's profit.

    4. The processing price is obtained by considering the following expression:

    𝑃𝑜 = 𝐶t + 𝑆𝐺 +𝑈

    where:

    𝐶t = (𝑎) + (𝑏) +(𝑐 ;);

    𝑆𝐺 = (0.13÷ 017) × 𝐶t;

    𝑈 = 0.10 × (𝐶t +𝑆𝐺).

    The price of the processing is given by the following relation

    𝑃𝑜 = (1.243 ÷ 1.287) × 𝐶t.

    5. As part of the price list, for each price the relevant analysis is indicated or can be consulted, where available, through a gradual publication process, in accordance with the provisions of article 1.

    4. During the price list management and updating phases, where necessary, we proceed with the qualitative and quantitative verification of the resources used, in order to adapt and keep the analyzes updated to the most current technologies and regulations. In the analyses, it is possible to highlight the percentage impact of resources, with particular reference to human resources, and the impact of corporate safety costs. The impact of a resource is calculated as the ratio between the overall cost of the same resource (human resource, products or equipment) and the reference cost of processing. All published prices are exclusive of VAT.

    5. Pursuant to Article 31 of Annex I.7 to the code, "general expenses included in the price of the works", to be paid by the executor, mean:

    a) contract and ancillary expenses and registration tax;

    b) general and specific financial charges, including the definitive deposit or global performance guarantee, where applicable, and insurance policies;

    c) the share of the costs of organization and technical-administrative management of the executor's headquarters;

    d) the administrative management of the construction site staff and the technical management of the construction site;

    e ) the costs for the installation, maintenance, lighting and final folding of the construction sites, including the costs for the use of areas other than those made available by the client; expenses relating to safety on the construction sites themselves which are not subject to a discount are excluded;

    f) expenses for the transport of any material or means of construction;

    g) expenses for tools and temporary works and anything else necessary for the full and perfect execution of the works;

    h) expenses for surveys, layouts, checks, explorations, cornerstones and the like that may be necessary, also upon a reasoned request from the director of works or the RUP or the testing body, from the day on which delivery begins until the completion of the provisional testing or the issuing of the certificate of regular execution;

    i) expenses for access roads to the construction site, the installation and operation of construction site equipment and vehicles;

    l) expenses for suitable premises and for the necessary equipment to be made available for the works management office;

    m) expenses for the passage, for temporary occupations and for compensation for damages due to the felling of plants, storage or extraction of materials;

    n) the costs for the safekeeping and good conservation of the works until the issuing of the provisional testing certificate or the issuing the certificate of regular execution;

    o) the costs of adapting the construction site in compliance with the legislative decree of 9 April 2008, n. 81, of which the share of impact on the total general expenses is indicated, for the purposes of the obligations envisaged by article 110, paragraph 5, letter c), of the code;

    p) general and particular charges provided for in the special tender specifications.

    6. The elementary resources provided for in the price list are used to compose the new analyses. The designer remains entitled to formulate additional prices, following a specific price analysis, in cases where the reference price list does not include a process envisaged in the project.

    7. The items that contribute to the determination of general expenses, pursuant to article 31 of annex I.7 to the code, include all possible arrangements connected to individual processes, as they are instrumental to the execution of the works and contribute to the formation of individual categories of work. The corporate safety costs connected to the specific risks inherent to business activity, pursuant to legislative decree n. 81 of 2008, are included, as they represent an obligation to protect the safety of workers on the part of the employer, within the scope of the general expenses recognized in each price list article and not directly attributable to the cost items contemplated in the annex XV, point 4, of legislative decree no. 81 of 2008. According to the provisions of article 31, paragraph 4, of annex I.7 to the code, the aforementioned charges are included in the unit price of the individual processing, and therefore in the cost of the work, contributing to a portion of the expenses general themselves. The designer of the work and the safety coordinator carry out the planning in a coordinated manner in order to identify in the Safety and Coordination Plan (PSC) the safety costs not included in the unit price of the single process, referred to in point 4 of the annex XV to legislative decree no. 81 of 2008, not to be subject to reduction.

    8. The term "safety costs" means the cost of safety indicated in the following project documents:

    a) safety and coordination plan (PSC) referred to in article 100 and point 4 of the annex XV to legislative decree n. 81 of 2008;

    b) single interference risk assessment document (DUVRI);

    c) estimate of the contracting authority if the PSC is not foreseen pursuant to point 4.1. 2 of Annex XV to Legislative Decree no. 81 of 2008.

    9. The articles contained in the "Safety" typology (legislative decree no. 81 of 2008), if included in the project documents listed above, represent the portion of the cost of a work not to be subjected to a reduction in the bids of companies. As part of the process of adapting the regional price list to this annex, the related amounts include only the share relating to general expenses (from 13 percent to 17 percent). The share of company profit (10 percent) is always excluded as safety costs are not subject, by law, to a reduction in the auction when submitting bids. The contents of this typology are indicative of the possible measures aimed at safety, without prejudice to the further project forecasts or operational sector requirements, foreseen in the specific safety project document and directly estimable through the pre-existing cost items in the other types of price list. In the cases referred to in the fourth period, the published price is recalculated, separating the 10 percent profit share from it, for consistency with what was done with the "Security" type prices. The costs thus estimated are not subject to a reduction and are recognized for the quantities executed.

    10. Any use of the items contained in the "Safety" type for processes not specifically aimed at safety involves a preventive increase in the cost values provided by the relative share of profit, with a multiplication coefficient equal to one point ten, and the values thus estimated are subject to a discounted auction.

     

    Article 6

    < p>Organization and coordination activities

    1. In compliance with regional organizational autonomy, in order to allow an effective and organized price list formation system, the regions equip themselves with an organizational model, inspired by principles of simplification and promotion of the efficiency of administrative action, which guarantees compliance of the principle of impartiality in the adoption of acts, such as the price list, which involve potentially conflicting public and private interests.

    2.It is established at the Ministry of Infrastructure and of transport a coordination table made up of five representatives of the regions and autonomous provinces, identified within the activities of the price list network, including one representative of ITACA, and five representatives of the Ministry of Infrastructure and Transport , with the following functions:

    a) recognition of the status of regional price lists in order to plan the progressive implementation of this annex;

    b) updated definition of the most relevant products and related units of measurement on which to share the monitoring activity;

    c) sharing the results of the monitoring activity on the costs of the most relevant products, following a specific survey on a regional basis;

    d) definition of criteria and methods for the possible early revision of price lists, in the face of exceptional variations in some more relevant materials, and for the publication of the analyses;

    e) sharing, with reference to the structuring and articulation of the price list referred to in article 1, of contents and resources in order to homogenize and standardize a significant set of common items;

    f) definition and implementation of the method and information system of transcoding, classification and application cooperation, which allows the comparability of price lists, as well as indications on the progressive adaptation of price lists to a direct interaction with information modeling methods and tools (BIM);

    g) sharing of

  • Annex II.1 Lists of economic operators and market surveys for the awarding of contracts of amounts lower than the thresholds of European relevance.

    (Article 50, paragraphs 2 and 3)

     

    Article 1.

    General provisions.

    1. The economic operators to be invited to negotiated procedures for the awarding of works contracts of an amount equal to or greater than 150,000 and of service and supply contracts of an amount equal to or greater than 140,000 euros and below the thresholds of European relevance referred to in the article 14 of the code are identified on the basis of market surveys or through lists of economic operators, in compliance with the assignment rotation criterion referred to in article 49 of the code.

    2. The procedure begins with the decision to contract or with an equivalent act according to the regulations of the individual contracting authority which contains the indication of the public interest that is intended to be satisfied, the characteristics of the works, goods or services covered by the contract, the estimated maximum amount of the credit and the related accounting coverage, the procedure that is intended to be followed with a brief indication of the reasons for the choice, the criteria for identifying the operators to be invited to the negotiated procedure following the market survey or of the consultation of the lists, the criteria for the selection of economic operators and offers as well as the main contractual conditions.

    3. The contracting authorities may equip themselves, in compliance with their own regulations, with a regulation which regulates:

    a) the methods of conducting market surveys, possibly distinguished by amount ranges, also in consideration of the need to apply the principle of rotation of assignments;

    b) the procedures for establishing and reviewing the list of economic operators, broken down by category and amount range;

    c) the criteria for choosing the subjects to be invited to submit an offer following a market survey or drawing from the list of its own economic operators or from those present in the electronic market of public administrations or in other similar tools managed by the relevant purchasing centers.

     

    Article 2.

    Market investigations.

    1. The market survey is aimed at knowing the operators interested in participating in the selection procedures for the specific assignment. This phase does not give operators any confidence in the subsequent invitation to the procedure. Market surveys are carried out according to the methods deemed most convenient by the contracting authority, differentiated by amount and complexity of assignment, according to the principles of adequacy and proportionality, also through consultation of the electronic catalogs of the electronic market of its own or of other contracting authorities, as well as of other existing suppliers. The results of the investigations are formalized by the contracting authority with the exclusion of information that could compromise the position of the operators on the reference market and, in any case, in compliance with the provisions of article 35 of the code in reference to the timeframe foreseen for the knowledge of some tender data and documents.

    2. The contracting authority ensures the appropriate publicity of the market exploration activity, choosing the most suitable tools based on the relevance of the contract for the reference product sector and its contestability. To this end, the contracting authority publishes a notice on its institutional website and on the ANAC national database of public contracts. The duration of the publication is established based on the relevance of the contract, for a minimum period identifiable as fifteen days, without prejudice to the reduction of the aforementioned term for justified reasons of urgency to no less than five days.

    3. The notice of initiation of the market investigation indicates the value of the assignment, the essential elements of the contract, the professional suitability requirements, the minimum economic and financial capacity requirements and the technical and professional skills required for participation, the minimum and possibly maximum number of operators who will be invited to the procedure, the selection criteria of economic operators, the methods for communicating with the contracting authority. In the event that there is a maximum number of operators to be invited, the notice of initiation of the market investigation also indicates the criteria used for the choice of operators. These criteria must be objective, consistent with the object and purpose of the award and with the principles of competition, non-discrimination, proportionality and transparency. The drawing of lots or other methods of random extraction of names are permitted only in exceptional cases in which the use of the criteria referred to in the third period is impossible or entails costs for the contracting authority that are absolutely incompatible with the rapid carrying out of the procedure; these circumstances must be made explicit in the decision to contract (or in an equivalent document) and in the notice of initiation of the market investigation.

     

    Article 3.

    Lists of economic operators.

    1. As an alternative to the market survey, the contracting authority may identify the economic operators to invite, selecting them from lists specifically established according to the methods indicated in the following provisions and in the regulation referred to in article 1, paragraph 3. The lists are established following of public notice, which represents the will of the contracting authority to create a list of subjects from which the names of the operators to be invited can be taken. The notice of establishment of a list of economic operators is made available through publication on the institutional website of the contracting authority and on the ANAC national database of public contracts. The notice indicates the general requirements that economic operators must possess, the method of selecting the economic operators to be invited, the categories and amount bands into which the administration intends to divide the list and any minimum requirements required for the registration, parameterized according to each category or amount range. The economic operator can request registration limited to one or more amount bands, or to single categories. The declaration of possession of the requirements can be facilitated by the preparation of standard forms by the administration attached to the public notice. Possibility of possession of the SOA qualification certificate for the category of work covered by the assignment is sufficient to demonstrate possession of the required economic-financial and technical-professional capacity requirements.

    2. Registration on the lists of interested economic operators meeting the required requirements is permitted without time limitations. The economic operator certifies possession of the requirements by means of a substitute declaration in compliance with the provisions of the consolidated text of the legislative and regulatory provisions regarding administrative documentation, referred to in the decree of the President of the Republic of 28 December 2000, n. 445. The economic operator is required to promptly inform the contracting authority of any changes in the possession of the requirements according to the methods established by the same. The contracting authority proceeds to evaluate the registration requests within thirty days of receiving the request, without prejudice to the provision of a longer deadline, not exceeding ninety days, depending on the number of requests received. Failure to refuse within the prescribed period is equivalent to acceptance of the registration request.

    3. The contracting authority establishes the procedures for reviewing the list, with a pre-established frequency - for example every six months - or upon the occurrence of certain events and, in any case, provides for the cancellation of operators who have lost the required requirements or for the their placement in different sections of the list. The transmission of the request for confirmation of registration and requirements can take place via PEC and, in turn, the economic operator can reply via PEC. Those economic operators who do not submit offers following three invitations in the two-year period may be excluded from the list. The lists, as soon as they are created, are published on the website of the contracting authority.

    4. The choice of operators to be invited to the negotiated procedure must be made according to objective criteria, consistent with the object and purpose of the award and with the principles of competition, non-discrimination, proportionality and transparency. The drawing of lots or other methods of random extraction of names are permitted only in exceptional cases in which the use of the criteria referred to in the first period is impossible or entails costs for the contracting authority that are absolutely incompatible with the rapid carrying out of the procedure. The selection criteria of the operators to be invited to the negotiated procedure are indicated in the decision to contract or in another equivalent document.

     

  • Annex II.2 Methods for calculating the anomaly threshold for the automatic exclusion of offers.

    (Article 54, paragraph 2)

     

    The contracting authorities shall identify, pursuant to Article 54, paragraph 2 of the code, one of the methods, described below, for calculating the anomaly threshold, for the purposes of automatic exclusion of offers, in the case of awarding works or construction contracts with the lowest price criterion services.

     

    METHOD A

    1) When the number of offers admitted is equal to or greater than fifteen, the adequacy of the offers is assessed on the offers that present a reduction equal to or greater than a specific anomaly threshold; in order not to make the reference parameters for the calculation of the anomaly threshold predeterminable by the bidders, the RUP or the judging commission proceed as follows:

    a) calculation of the sum and arithmetic mean of the percentage reductions of all accepted offers, with the exclusion of 10 per cent, rounded to the nearest whole number, respectively for the offers with the highest reduction and those with the lowest reduction; offers having an equal discount value are taken into consideration separately in their individual values; if, when carrying out the calculation of the 10 percent, there are one or more offers of equal value compared to the offers to be set aside, said offers must also be set aside;

    b) calculation of the arithmetic average deviation of the reductions percentages that exceed the average calculated pursuant to letter a), excluding those set aside pursuant to letter a);

    c) calculation of the threshold as the sum of the arithmetic mean and the arithmetic average deviation of the reductions referred to in letter b);

    d) the threshold calculated in letter c) is decreased by a percentage value, equal to the product of the first two digits after the decimal point of the sum of the reductions referred to in letter a), applied to the arithmetic mean deviation referred to in letter b).

    2) When the number of admitted offers is less than fifteen, the adequacy of the offers is assessed on the offers that present a reduction equal to or greater than an anomaly threshold determined; for the purposes of determining the adequacy of the offers, in order not to make the reference parameters for the calculation of the anomaly threshold pre-determinable by the bidders, the RUP or the judging commission proceeds as follows:

    a) calculation of the arithmetic average of the percentage reductions of all the admitted offers, with the exclusion of 10 percent, rounded to the nearest whole number, respectively of the offers with the greatest reduction and those with the lowest reduction; offers having an equal discount value are taken into consideration separately in their individual values; if, when carrying out the calculation of the 10 percent, there are one or more offers of equal value compared to the offers to be set aside, said offers must also be set aside;

    b) calculation of the arithmetic average deviation of the reductions percentages that exceed the average calculated pursuant to letter a), excluding those set aside referred to in letter a);

    c) calculation of the ratio between the arithmetic mean deviation referred to in letter b) and the arithmetic mean referred to in letter a);

    d) if the ratio referred to in letter c) is equal to or less than zero point fifteen, the anomaly threshold is equal to the value of the arithmetic mean referred to in letter a); ) increased by 20 percent of the same arithmetic mean);

    e) if the ratio referred to in letter c) is greater than zero point fifteen, the anomaly threshold is calculated as the sum of the arithmetic mean of which in letter a) and the arithmetic mean deviation referred to in letter b).

    3) All discounts above the anomaly threshold are automatically excluded. Among the offers not excluded, the contracting authority identifies the one with the greatest discount as the winner. The award discount paid to the winning company is the one that this same company presented. In case of a tie between the lowest offers, the winner is decided by a draw.

     

    < b>METHOD B

    1) The anomaly threshold is determined as follows:

    a) calculation of the sum and arithmetic mean of the percentage reductions of all admitted offers , with the exclusion of 10 percent, rounded to the nearest whole number, of the lowest and lowest bids respectively; offers having an equal discount value are taken into consideration separately in their individual values; if, when carrying out the calculation of the 10 percent, there are one or more offers of equal value compared to the offers to be set aside, said offers must also be set aside;

    b) calculation of the arithmetic average deviation of the reductions percentages that exceed the average calculated pursuant to letter a), excluding those set aside pursuant to letter a);

    c) calculation of the threshold as the sum of the arithmetic mean and the arithmetic average deviation of the reductions referred to in letter b);

    d) calculation of a percentage value equal to the product of the first two digits after the decimal point of the sum of the reductions referred to in letter a) applied to the arithmetic mean deviation referred to in letter b);

    e) calculation of the sum of all the digits, both before and after the decimal point up to the second decimal, of the sum of the reductions referred to in letter a);

    f) the anomaly threshold is equal to the threshold referred to in letter c):

    1. decreased by the value referred to in letter d), in the event that the value referred to in letter e) is equal;

    2. increased by the value referred to in letter d), in the event that the value referred to in letter e) is odd.

    2) All discounts equal to or lower than the anomaly threshold referred to in point 1) , including those set aside in the calculation referred to in point 1), letter a), are "non-anomalous" offers. Among all the "non-anomalous" offers, the contracting authority identifies the company that offered the greatest discount as the winner. The award discount paid to this winning company is equal to the highest discount among all those admitted and excluding that of the winning company (so-called "second price method"). In the event of a tie with multiple offers identical to the highest discount, the winner is drawn at random from among these offers and the award discount recognized is equal to the discount offered by the winning bidder.

    Description of the winning method "second price": once the offers have been received, expressed as a discount compared to the starting price, the contracting authority proceeds to calculate the anomaly threshold as indicated in point 1) and excludes all offers that present discounts higher than this threshold. Afterwards, for the offers identified as "non-anomalous", the contracting authority orders the related discounts from highest to lowest as s1 > s2 >…> sN: the company with a discount equal to s1 wins and the contract award discount is equal to s2. In the case of a tie between two (or more) highest discounts (i.e. if s1 = s2), then the winning company is drawn among all those that have offered the highest discount and the award discount is equal to the discount offered by this same company.

     

    METHOD C

    1) The application of this method requires that, preliminarily, the contracting authority has indicated in the tender notice or in the invitation to participate the reference discount which represents, indicatively, the anomaly threshold net of a dependent random component from the discounts received. This discount is expressed as a percentage of the auction base with respect to which the companies formulate their discounts and is identified either among the values reported in Table A or by deviating from these and motivating the choice based on the need to select an offer with price-quality characteristics consistent with the needs of the contracting authority itself. In this second case, the contracting authority applies verifiable criteria to determine the reference discount, comparing the benefits of larger discounts with the costs of selecting a winning bid with potentially lower quality.

    2) The anomaly threshold is determined as follows:

    a) calculation of the sum and arithmetic mean of the percentage reductions of all admitted offers, with the exclusion of 10 percent, rounded to the nearest whole number of the lowest and lowest bids respectively; offers having an equal discount value are taken into consideration separately in their individual values; if, when carrying out the calculation of the 10 percent, there are one or more offers of equal value compared to the offers to be set aside, said offers must also be set aside;

    b) calculation of the arithmetic average deviation of the reductions percentages that exceed the average calculated pursuant to letter a), excluding those set aside referred to in letter a);

    c) calculation of a percentage value equal to the product of the first two digits after the decimal point of the sum of reductions referred to in letter a) applied to the arithmetic mean deviation referred to in letter b);

    d) calculation of the sum of all the digits, both before and after the decimal point up to the second decimal, of the sum of the discounts referred to in letter a) ;

    e) the anomaly threshold is equal to the reference discount referred to in point 1):

    1. decreased by the value referred to in letter c), in the event that the value referred to in letter d) is equal;

    2. increased by the value referred to in letter c), in the event that the value referred to in letter d) is odd.

    3) All discounts above the threshold referred to in letter e) of point 2) are automatically excluded. Among the offers not excluded, including those initially set aside for the calculation referred to in letter a), the contracting authority identifies the one with the greatest discount as the winner. The award discount paid to the winning company is the one that this same company presented. In the event of a tie between the lowest bids, the winner is decided by a draw. If all the offers presented are anomalous, the contracting authority evaluates the actual anomaly in consultation.

     

    TABLE A< /p>

    < /tr> < /tr> < td width="10%" nowrap="" valign="bottom">

    30,511

    < tr> < td width="10%" nowrap="" valign="bottom">

    41,779

    < td width="10%" nowrap="" valign="bottom">

    52,800

    < td width="10%" nowrap="" valign="bottom">

    50,570

    < p align="center">Type of work (category and size class)

    Distribution of award discounts (in %)

    50° pct

    60° pct

    70° pct

    < b>80° pct

    90° pct< /b>

    95° pct

    99° pct

    OG1

    Job size

    <150k

    23,791

    26,690

    29,055

    < p align="right">32,000

    36,380

    40,020

    50,130

    150k-1mln

    25,531

    27,850

    29,950

    32,550

    36,574

    40,103

    52,000

    1mln-EU

    22,320

    25,353

    27,531

    29,056

    32,853

    40,000

    55,216

    OG2

    Job size

    < ;150k

    23,946

    26,176

    28,560

    31,183

    36,010

    40,000

    50,525

    150k-1mln

    24,666

    26,810

    28,380

    34,544

    38,380

    51,030

    1mln-EU

    23,348

    25,371

    28,120

    32,292

    36,070

    < /td>

    40,334

    47,999

    OG3

    Job size

    < /td>

    <150k

    19,775

    23,000

    26,120

    29,991

    34,484

    38,200

    45,580

    150k-1mln

    21,880

    24,793

    27,923

    31,923

    35,473

    39,722

    47,100

    1mln-EU

    25,956

    < /td>

    28,377

    30,420

    33,664

    40,000

    42,425

    56,990

    OG6< /p>

    < p>

    Job size

    <150k

    20,120

    24,060

    27,850

    31,550

    35,999

    38,921

    49,990

    150k-1mln

    21,365

    24,302

    26,929

    31,100

    34,222

    37,590

    41,779

    1mln-EU (*)

    21,365

    24,302

    26,929

    31,100

    34,222

    37,590

    OG7

    < /p>

    Job size

    <150k

    16,172

    20,116

    < p align="right">23,554

    28,160

    33,824

    37,410

    52,250

    150k-1mln

    20,064

    22,757

    25,090

    30,011

    34,625

    42,110

    52,800

    1mln-EU (*)

    20,064

    22,757

    25,090

    30,011

    34,625

    42,110

    OG8

    < /p>

    Job size

    <150k

    18,510

    21,791

    < p align="right">25,610

    30,635

    36,000

    39,800

    48,970

    150k-1mln

    19,135

    22,064

    25,555

    29,560

    35,000

    39,435

    50,570

    1mln-EU (*)

    19,135

    22,064

    25,555

    29,560

    35,000

    39,435

    OG9

    < /p>

    Job size

    <150k

    24,673

    27,379

    < p align="right">31,000

    36,448

    49,160

    50,000

    75,260

    150k-1mln

    26,400

    29,998

    33,270

    35,200

    39,000

    43,770

    54,500

    1mln-EU (*)

    26,400

    29,998

    33,270

    35,200

    39,000

    43,770

    54,500

    OG10

    < p>

    Job size

    <150k

    26,258

    30,270

    32,498

    Annex II.3 Disabled or disadvantaged individuals to whom participation in tenders may be reserved.

    (Article 61, paragraphs 4 and 5)

     

    Article 1.

    1. The economic operators required to draw up the report on the personnel situation, pursuant to article 46 of the code of equal opportunities between men and women referred to in legislative decree 11 April 2006, n. 198, produce, under penalty of exclusion, at the time of submitting the application for participation or the offer, a copy of the latest report drawn up, with certification of its conformity with the one sent to the company trade union representatives and to the councilor and the regional equality councilor pursuant to paragraph 2 of the aforementioned article 46, or, in case of failure to comply with the terms set out in paragraph 1 of the same article 46, with certification of its simultaneous transmission to the company union representatives and to the councilor and the regional equality councilor.

    2. Economic operators, other than those indicated in paragraph 1 and who employ a number equal to or greater than fifteen employees, within six months of the conclusion of the contract, are required to deliver to the contracting authority a gender report on the situation of male and female staff in each of the professions and in relation to the state of hiring, training, professional promotion, levels, changes in category or qualification, other mobility phenomena, the intervention of the Redundancy Fund, dismissals, early retirements and retirements of the salary actually paid. The report referred to in the first period is sent to the company trade union representatives and to the councilor and the regional equality councilor.

    3. The economic operators referred to in paragraph 2 are also required to deliver, within the deadline set by the same paragraph, to the contracting authority the certification referred to in article 17 of law no. 12 March 1999. 68, and a report relating to the fulfillment of the obligations referred to in the same law and any sanctions and measures imposed on them in the three-year period preceding the deadline for submitting offers. The report referred to in this paragraph is sent to the company trade union representatives.

    4. The contracting authorities provide, in the tender notices, notices and invitations, specific clauses aimed at the inclusion, as necessary requirements and as further reward requirements of the offer, of criteria aimed at promoting youth entrepreneurship, the employment inclusion of disabled people, gender equality and the hiring of young people, under the age of thirty-six, and women. The content of the clauses is determined taking into account, among other things, the principles of free competition, proportionality and non-discrimination, as well as the object of the contract, the type and nature of the individual project in relation to the employment profiles required, the principles of European Union, the indicators of the expected objectives in terms of female and youth employment and the employment rate of disabled people by 2026, also taking into account the corresponding average values as well as the corresponding average European sector indicators in which the projects are carried out. Without prejudice to the provisions of paragraph 7, it is a necessary requirement of the offer to have fulfilled, at the time of submission of the offer itself, the obligations set out in law no. 68 of 1999, and the assumption of the obligation to ensure, in the event of award of the contract, a share equal to at least 30 percent of the hiring necessary for the execution of the contract or for the implementation of activities connected or instrumental to it , both youth employment and female employment.

    5. Further reward measures may include the assignment of an additional score to the bidder or candidate who: to discriminatory acts or behaviors pursuant to article 44 of the consolidated text of the provisions concerning the regulation of immigration referred to in Legislative Decree 25 July 1998, n. 286, of article 4 of the legislative decree 9 July 2003, n. 215, of article 4 of the legislative decree 9 July 2003, n. 216, of article 3 of law 1 March 2006, n. 67, of articles 35 and 55-quinquies of the code of equal opportunities between men and women referred to in legislative decree no. 198 of 2006, or article 54 of the consolidated text of the legislative provisions regarding the protection and support of maternity and paternity referred to in legislative decree 26 March 2001, n. 151;

    b) uses or undertakes to use specific tools for reconciling the care, life and work needs of its employees, as well as innovative ways of organizing work;

    c) undertakes to hire, in addition to the minimum percentage threshold envisaged as a participation requirement, disabled people, young people, under the age of thirty-six, and women for the execution of the contract or for the realization of activities connected or instrumental to it;

    d) has, in the last three years, respected the principles of gender equality and adopted specific measures to promote equal generational and gender opportunities, also taking into account the between men and women in hiring, salary levels and the awarding of top positions;

    e) has, in the last three years, respected the obligations set out in law no. 68 of 1999;

    f) has presented or undertakes to present for each of the financial years included in the duration of the procurement contract, a voluntary declaration of a non-financial nature pursuant to article 7 of the legislative decree 30 December 2016, n. 254.

    6. The procurement contracts provide for the application of penalties for the contractor's failure to comply with the obligations referred to in paragraph 2, paragraph 3 or paragraph 4, commensurate with the seriousness of the violation and proportional to the amount of the contract or the performance of the contract. The violation of the obligation referred to in paragraph 2 also determines the impossibility for the economic operator to participate, individually or in a temporary group, for a period of twelve months in further award procedures.

    < p>7. The contracting authorities may exclude the inclusion of the participation requirements referred to in paragraph 4 in the tender notices, notices and invitations, or establish a quota lower than that provided for in the same paragraph 4, giving adequate and specific justification, if the object of the contract, the type or nature of the project or other specifically indicated elements make its inclusion impossible or conflicting with the objectives of universality and sociability, efficiency, cost-effectiveness and quality of the service as well as optimal use of public resources.< /p>

    8. With guidelines from the President of the Council of Ministers or from the Ministers or authorities delegated for equal opportunities and the family and for youth policies and universal civil service, in agreement with the Minister of Infrastructure and Transport, with the Minister of Labor and social policies and with the Minister for Disabilities, to be adopted within sixty days of the entry into force of the code, the methods and application criteria of the measures provided for in this article are defined, reward measures are indicated and model clauses are prepared to be included in the tender notices differentiated by sector, type and nature of the contract or project.

    9. The reports and reports envisaged by paragraphs 1, 2 and 3 are published, pursuant to Article 28, paragraph 3, of the code and communicated to the Presidency of the Council of Ministers or to the Ministers or delegated authorities for equal opportunities and the family and for youth policies and universal civil service.

     

  • Annex II.4 Qualification of contracting authorities and central purchasing bodies.

    (Article 62)

     

    PART I

    SCOPES AND QUALIFICATION LEVELS

    Article 1.

    < p>Purpose.

    1.   This annex identifies the requirements necessary for the qualification of contracting authorities and central purchasing bodies, the information necessary to demonstrate possession of the same, and the methods for collecting this information for the functioning of the qualification system.

    2.   The qualification of contracting authorities and purchasing centers attests to their ability to directly manage, according to criteria of quality, efficiency and professionalism, and in compliance with the principles of economy, effectiveness, timeliness and correctness, the activities that characterize the process of acquiring a good, a service or a job and concerns at least one of the following areas:

    a) technical-administrative planning and assignment of procedures;

    b) execution of contracts.

    3. The central purchasing bodies are qualified at least in the areas referred to in letter a) of paragraph 2.

     

    Article 2.

    Scope.

    1.   Qualification is necessary for the assignment of works of an amount equal to or greater than 500 thousand euros and for the acquisition of services and supplies of an amount equal to or greater than the thresholds established for direct assignments. Qualification is not necessary to place orders using purchasing instruments made available by purchasing centers and aggregators.

    2.   Without prejudice to the provisions of article 62, paragraph 17, of the code, this annex does not apply to contracting entities that are not contracting authorities and to private entities required to comply with the provisions of the code.

    3.   At the time of first application, the contracting authorities of the unions of municipalities established in the forms provided for by the law, of the provinces and metropolitan cities, provincial capitals and regions.

     

    PART II

    < b>QUALIFICATION REQUIREMENTS

    Article 3.

    Levels of qualification for the design and awarding of works for contracting authorities

    1. For the design and awarding of works with a tender amount equal to or greater than 500 thousand euros, the contracting authorities are qualified in one of the following levels:

    a) first level qualification (L3) for amounts up to 1,000,000 euros;

    b) second level qualification (L2) for amounts up to the thresholds of European relevance;

    c) third level qualification (L1) without limits on amount.

    2. In order to be qualified in one of the levels referred to in paragraph 1, contracting authorities must possess the requirements referred to in article 4, paragraph 1 and must obtain an overall score for the requirements referred to in article 4, paragraph 2, equal to or higher than:

    a) L3 level: thirty points;

    b) L2 level: forty points;

    c) L1 level: fifty points.

    3. Each contracting authority or central purchasing body can carry out the procedures corresponding to the qualification level possessed and those lower. Until 30 June 2024, qualification in the levels referred to in paragraph 1 can also be obtained with a score lower than ten points for the L3 level and five points for the L1 and L2 levels.

    4. The contracting authorities and central purchasing bodies, qualified for the works, but not qualified for the services and supplies, may nevertheless proceed with the acquisition of services relating to architecture and engineering of a value equal to or greater than the thresholds established for the direct assignments, if in possession of the qualification corresponding to the estimated amount of the works based on the tender for which the aforementioned services are requested.

    5. For the purposes of awarding and executing concession and public-private partnership contracts of any amount, contracting authorities must possess at least an L2 level qualification and guarantee the presence of at least one individual with three years' experience in the management of economic plans. and financial and risk.

    6. Until 30 June 2024, judicial offices not in possession of the qualification requirements referred to in this article can plan and entrust extraordinary maintenance works or those aimed at guaranteeing the safety of the workplace by making use of an RUP with technical expertise in the matter. of engineering or architecture. In the absence of this professional figure, the tasks of the RUP, limited to the mandatory interventions referred to in the first period, can be attributed to the manager of the service to which the work to be carried out pertains.

     < /b>

    Article 4.

    Requirements for qualification relating to the design and awarding of works for contracting authorities.

    1. In order to be admitted to the qualification procedure for the design and awarding of works, contracting authorities must possess the following requirements:

    a) registration in the Single Registry of Contracting Authorities (AUSA) of which to article 33-ter of the legislative decree of 18 October 2012 n. 179, converted, with amendments, by law 17 December 2012, n. 221;

    b) presence in its organization chart of an office or structure permanently dedicated to the planning and assignment of works;

    c) availability of digital procurement platforms referred to in articles 25 and 26 of the code.

    2. In addition to the mandatory requirements referred to in paragraph 1, the contracting authority obtains a score according to the degree of possession of the requirements set out in Table A attached to this annex.

    3. The indicators for assigning scores are described in Table C attached to this annex.

    4. For the purposes of qualification, for the evaluation of the requirement relating to the number of tenders carried out, all tenders carried out up to 30 June 2023 are considered. After the aforementioned date, for tenders of a value higher than those identified by article 43 of the code, consider for the evaluation of the requirement relating to the number of tenders carried out only those whose tender notices and notices comply with the provisions on the use of electronic modeling methods and tools for construction and infrastructure, referred to in Annex I.9 to the code.

    5. The requirement referred to in paragraph 1, letter c), is required starting from 1 January 2024. Until 31 December 2023, contracting authorities may be awarded, in addition to the requirements referred to in paragraph 2, a score of ten points due to the experience gained in the use of electronic platforms in the three years preceding the date of application for qualification. After the deadline referred to in the first period, the weight of this requirement can also be attributed to the rewarding requirements referred to in article 11, paragraph 2.

     

    Article 5.

    Levels of qualification relating to the design and awarding of services and supplies for contracting authorities.

    1. For services and supplies with a tender amount equal to or greater than the thresholds established for direct assignments, the contracting authorities are qualified in one of the following levels:

    a) first level qualification (SF3) for amounts up to 750,000 euros;

    b) second level qualification (SF2) for amounts up to 5,000,000 euros;

    c) third level qualification (SF1) without limits on amount.

    2. In order to be qualified in one of the levels referred to in paragraph 1, it is necessary to possess the requirements referred to in article 6, paragraph 1 and obtain an overall score for the requirements referred to in article 6, paragraph 2, equal to or higher than :

    a) SF3 level: thirty points;

    b) SF2 level: forty points;

    c) SF1 level: fifty points.

    3. Each contracting authority or central purchasing body can carry out the procedures corresponding to the qualification level possessed and lower ones.

    4. Until 30 June 2024, qualification in the levels referred to in paragraph 1 can also be obtained with a score lower than ten points for the SF3 level and five points for the SF1 and SF2 levels.

    5. For the purposes of awarding and executing concession and public-private partnership contracts of any amount, contracting authorities must possess at least an SF2 level qualification and guarantee the presence of a person with three years' experience in the management of economic plans and financial and risk.

     

    Article 6.

    Requirements for the qualification relating to the design and awarding of services and supplies for contracting authorities.

    1. In order to be admitted to the qualification procedure for the design and awarding of services and supplies, the contracting authorities must possess the following requirements:

    a) registration with the AUSA;

    b) presence in its organization chart of an office or structure permanently dedicated to the planning and assignment of services and supplies;

    c) availability of digital procurement platforms referred to in articles 25 and 26 of the code.

    2. In addition to the mandatory requirements referred to in paragraph 1, the contracting authority obtains a score according to the degree of possession of the requirements referred to in table B attached to this annex.

    3 . The indicators for assigning scores are described in Table C attached to this annex.

    4. The requirement referred to in paragraph 1, letter c), is required starting from 1 January 2024. Until 31 December 2023, contracting authorities may be awarded, in addition to the requirements referred to in paragraph 2, a score of ten points due to the experience gained in the use of electronic platforms in the three years preceding the date of application for qualification. After the deadline referred to in the first period, the weight of this requirement can also be attributed to the rewarding requirements referred to in article 11, paragraph 2.

     

    Article 7.

    Requirements for the qualification relating to the assignment for central purchasing bodies.

    1. Central purchasing bodies qualify for at least L2 level for works and SF2 for services and supplies.

    2. To be qualified for the works, the purchasing centers must possess the requirements referred to in Article 4, paragraph 1 and for services and supplies the requirements referred to in Article 6, paragraph 1.

    3. For central purchasing bodies, the scores referred to in article 4 for works and in article 6 for services and supplies are reduced by 20 percent. The attribution of the aforementioned percentage of points is determined on the basis of the number of contracting authorities. Furthermore, the purchasing centers must have an overall score of at least ten points for the requirements relating to the presence in the organizational structure of employees with specific skills in the field of public contracts and digital systems and the staff training and updating system.

     

    Article 8.

    Qualification of contracting authorities and central purchasing bodies for execution.

    1. The contracting authorities and purchasing centers qualified for the design and awarding of works, services and supplies or both types of contracts are also qualified until 31 December 2024 for the execution of works, services and supplies respectively. or both types of contracts even for levels higher than those of qualification.

    2. After the deadline referred to in paragraph 1, the possibility of executing the contract for levels higher than the qualification levels is assessed on the basis of the following requirements, relating to contracts executed in the five-year period preceding the qualification application:

    a ) compliance with the deadlines for payments to companies and suppliers;

    b) fulfillment of the obligations of communicating data on public contracts that feed the databases held or managed by ANAC;

    c) fulfillment of the obligations referred to in articles 1 and 2 of the legislative decree of 29 December 2011, n. 229.

    3. Contracting authorities not qualified for the design and awarding of works, services and supplies or both types of contracts can, until 31 December 2024, execute the contracts if they are registered with the AUSA and have a qualified technical figure. able to carry out the functions of RUP.

    4. After the deadline referred to in paragraph 3, the possibility of executing the contract is assessed on the basis of the following requirements:

    a) presence in the organizational structure of employees with specific skills in the field of public contracts and digital systems;

    b) staff training and updating system;

    c) contracts executed in the five-year period preceding the qualification application;

    d) compliance with the deadlines for payments to companies and suppliers;

    e) fulfillment of the obligations of communicating data on public contracts that feed the databases held or managed by ANAC;

    f) fulfillment of the obligations referred to in articles 1 and 2 of the legislative decree of 29 December 2011, n. 229.

     

    Article 9.

    Qualification with reservation and deadline of the transitional period.

    1. Without prejudice to the provisions of article 7, paragraph 1, the qualification with reservation of the contracting authorities of the unions of municipalities established in the forms provided for by the regulations, of the provinces and metropolitan cities, of the provincial capital municipalities and of the regions referred to in article 63, paragraph 4, second sentence, guarantees the achievement of L1 and SF1 levels. The conditional qualification lasts no longer than 30 June 2024.

    2. The contracting stations referred to in paragraph 1 submit an application for registration with reservation in the lists of contracting stations and qualified purchasing centers starting from 1 July 2023. The submission of the application for registration allows the exercise of purchasing activities in favor of other contracting authorities.

    3. Starting from 1 January 2024, the contracting authorities referred to in paragraph 1 shall submit an application for registration in the lists of qualified contracting authorities and central purchasing bodies.

     

    PART III

    < b>REGISTRATION IN THE LIST OF QUALIFIED CONTRACTING ORGANIZATIONS AND PURCHASING CENTRALS AND SANCTIONS

     

    Article 10.

    Registration application.

    1. The contracting stations and central purchasing bodies submit an application for registration in the lists of qualified contracting stations and central purchasing bodies starting from 1 July 2023 through the specific section of the AUSA and the transmission of the information and data requested by the ANAC to verify qualification requirements. Submission of the application is a necessary condition for qualification.

    2. The ANAC, on the basis of the information and data present in the national database of public contracts or in any case acquired by it, without prejudice to the provisions of paragraph 3, attributes the level of qualification for the design, award and execution.

    3. ANAC carries out checks, including random checks, on the information and data provided by the contracting authorities and central purchasing bodies for the purposes of checking their veracity and confirming the level of qualification.

    4. Registration in the lists of contracting authorities and qualified central purchasing bodies lasts two years. The qualification review is carried out in accordance with Article 11.

     

    Article 11.

    Qualification review.

    1. The qualifying score is updated every two years. Within three months of the deadline, qualified contracting authorities access the AUSA and update or provide the information and data necessary for qualification review.

    2. For the review of the qualification, the ANAC can also evaluate the following rewarding requirements:

    a) the availability to be included in the list referred to in article 62, paragraph 10, of the code and carrying out assignments for account of non-qualified contracting authorities;

    b) the aggregation of contracting authorities for the joint performance of assignments and execution.

    3. The applications submitted pursuant to this article are verified by the ANAC in the manner referred to in article 10, paragraph 3.

    4. If the checks conducted reveal a decrease in the score obtained which would bring the contracting authority or central purchasing body to a lower level, it maintains the same qualification level for one year if the new score is higher than that necessary for the level qualification lower, increased by at least 5 percent.

     

    Article 12.

    Sanctions for misleading or untruthful information .

    1. If the checks referred to in articles 10, paragraph 3 and 11, paragraph 3 ascertain violations of the provisions of the code regarding the qualification of central purchasing bodies and contracting authorities, ANAC may activate, in the cases and within the terms provided for in the article 63, paragraph 11, of the code, with the methods provided for in its regulations, the sanctioning power towards the legal representative of the contracting authority and the central purchasing body.

     < /p>

    PART IV

    COMPETENCE OF THE ANAC

     

    Article 13.

    Competence of the ANAC.

    1. ANAC establishes the requirements and implementation methods of the qualification system, indicating, in addition to the percentage relevance of the individual requirements, the methods with which:

    a) the contracting authorities demonstrate possession of the qualification requirements envisaged by the code;

    b) the qualification is issued;

    c) the contracting station can achieve a higher level qualification;

    d) it can be attributed to the station temporarily contracting a qualification level lower than the level previously obtained in the event of application of pecuniary sanctions pursuant to article 222 of the code;

    e) the qualification levels are maintained.

     

    Table A - Requirements referring to article 4, paragraph 2.

    Requirement

    Maximum score achievable

    Presence in the organizational structure of employees with specific skills in the field of public contracts and digital systems

    20 points

    Staff training and refresher system

    20 points

    Number of tenders exceeding 500,000 euros carried out in the five-year period preceding 31 December 2022

    40 points

    Fulfillment of the obligations to communicate data on public contracts that feed the databases held or managed by ANAC

    5 points

    Completion of the obligations referred to to articles 1 and 2 of the legislative decree of 29 December 2011, n. 229

    5 points

    < p> 

    Table B - Requirements referring to article 6, paragraph 2

    < /tr>

    Requirement

    Maximum score achievable

    Presence in the organizational structure of employees with specific skills in the field of public contracts and digital systems

    20 points

    < p>Staff training and refresher system

    20 points

    Number of tenders carried out for an amount exceeding the European threshold in the five-year period preceding 31 December 2022

    40 points

    Fulfillment of obligations to communicate data on public contracts that feed the databases held or managed by ANAC

    10 points

     

    Table C - Qualification requirements, elementary indicators and weights

    Description

    Elementary indicators

    Presence of stable organizational structures (SOS) of employees with specific skills (number of employees involved in the purchasing process, qualification, educational qualifications, possible registration with professional associations, experience)

    ELEMENTARY INDICATORS 5.3 SOS EDUCATIONAL QUALIFICATIONS

    I53_1 - Number of SOS employees/number of SA employees (weight w1=15);

    I53_1b - Number of SOS managers (weight w1b=15)

    I53_1c - Number of SOS officials (weight w1c =15)

    I53_1d - Number of SOS employees (weight w1d =15)

    I53_2 - Number of SOS SPECIALIST graduates/number of SOS employees (weight w2=10);

    I53_3 - Number of SOS LEVEL 1 graduates/number of SOS employees (weight w3=8);

    I53_4 - Number of OS TECHNICAL GRADUATES / number of SOS GRADUATES (weight w4=5);

    I53_5 - Number of EXPERT (5+) SOS employees / number of SOS employees (weight w5=13);

    I53_6 - Number of MASTER I SOS employees / number of SOS employees (weight w6= 11);

    I53_7 - Number of MASTER II SOS doctorate employees / number of SOS employees (weight w7=13);

    I53_8 - Number of employees REGISTERED IN THE REGISTER / number of SOS employees (weight w8=11);

    I53_9 - Number of employees with adequate competence in PROJECTMANAGER SOS / number of SOS employees (weight w9=11);

    I53_prod - Number of tenders awarded in the five-year period weighted on the basis of the complexity of the specific procedure / Number of SOS employees (weight w1prod =75)

    Staff training and refresher system

    5.4 TRAINING OVER THE THREE-YEAR PERIOD

    I54form_base = Number of employees who have benefited from BASE training/number of SOS employees (weight 20);

    I54form_spec = Number of employees who have benefited from SPECIALIST training/number of SOS employees (weight 60);

    I54form_avan = Number of employees who have benefited from ADVANCED training/number of SOS employees (weight 120);

    Number of tenders carried out for the various qualification levels in the five-year period (number of tenders awarded, including those on behalf of other bodies/administrations, related amounts, award times distinguished by method of implementation

    of the tender, number of deserted or unawarded tenders)

    5.5 EXPERIENCE IN MATCHES OF DIFFERENT QUALIFICATION LEVELS < /p>

    I55_1 - Number of tenders awarded (evaluated according to the level of complexity determined with the weights deriving from the regression analysis) (weight 85);

    5.5 AWARD TIMES

    I55_2 - Average percentage of delay in administrative times compared to the expected values obtained through regression analysis (weight 10);

    5.5 TENDERS DESERTED OR NOT AWARDED

    I55_3 - Number of tenders with an unsuccessful outcome / Total number of tenders announced (weight 5);

    Fulfillment of obligations to communicate data to the Authority

    I57_1 - Number of CUPs Transmitted / Total Number of CUPs owned by the Institution (weight 50);

    I57_2 - Sum of the weights of the ballots transmitted for the CUPs transmitted / Total number of CUPs owned by the Institution (weight 50)

    Availability and use of telematic platforms (PT)

    Availability : Binding

    Use: I58_1 - Number of races for which the use of the PT results/number of races (weight 30);

    I58_2 - number of tenders carried out through "electronic trading platforms" for amounts between 150,000 euros and 1,000,000 euros (weight 30)

    I58_3 - number of tenders carried out through "electronic trading platforms" with an amount equal to or greater than 1,000,000 euros (weight 40).

     

  • Annex II.5 Technical specifications and labelling.

    PART I

    DEFINITIONS

    For the purposes of the code it means for:

    1) «technical specifications»:

    a) in the case of public works contracts: the set of technical requirements contained, in particular, in the tender documents, which define the required characteristics of a material, a product or a supply so that they respond to the use for which they are intended by the contracting authority; these characteristics include levels of environmental performance and impacts on the climate, design that takes into account all requirements (including accessibility for people with disabilities), conformity assessment, ownership of use, safety or dimensions, including procedures relating to the quality assurance system, terminology, symbols, testing and test methods, packaging, marking and labelling, instructions for use, as well as processes and methods of production at any time in the life cycle of the works. They also include the rules relating to design and costing, the conditions of testing, inspection and acceptance of works as well as construction methods and techniques as well as any other technical conditions that the contracting authority or body contractor can prescribe, through general or specific regulations, in relation to the finished work and the materials or parts that compose it;

    b) in the case of public service or supply contracts, the specifications contained in a document, which define the required characteristics of a product or service, including quality levels, levels of environmental performance and climate impacts, design that takes into account all needs (including accessibility for people with disabilities) and assessment of conformity, ownership of use, use of the product, safety or dimensions, including requirements applicable to the product such as sales denomination, terminology, symbols, testing and test methods, packaging, marking and labelling, instructions for use, processes and methods of production at each stage of the life cycle of the supply or services, as well as conformity assessment procedures;

    2) «standard»: a technical specification adopted by a recognized standardization body, for the purpose of repeated or continuous application, compliance with which is not mandatory and which falls into one of the following categories: < /p>

    a) «international standard»: standard adopted by an international standards body and made available to the public;

    b) «European standard»: a standard adopted by a European standardization body and made available to the public;

    c) «national standard»: a standard adopted by a national standards body and made available to the public;

    3) 'European Technical Assessment' means the documented assessment of the performance of a construction product in relation to its essential characteristics, in accordance with the relevant European Assessment Document as defined in Article 2(12), of Regulation (EU) no. 305/2011 of the European Parliament and of the Council, of 9 March 2011;

    4) «common technical specification»: a technical specification in the ICT sector developed in accordance with Articles 13 and 14 of Regulation (EU) No . 1025/2012, of the European Parliament and of the Council, of 25 October 2012;

    5) «technical reference»: any document, other than European standards, developed by European standardization bodies according to procedures adapted to evolving market needs.

     

    p>

    PART II

    A – TECHNICAL SPECIFICATIONS

    1 . The technical specifications are included in the tender documents and define the characteristics expected for the works, services or supplies. Such characteristics may refer to the process or method of production or performance of the required works, supplies or services, or to a specific process for another phase of their life cycle even if these factors are not part of their substantive content, provided that they are connected to the subject of the contract and proportionate to its value and objectives.

    2. The technical specifications may indicate whether transfer of intellectual property rights is required.

    3. For all procurements intended for use by natural persons, the technical specifications, except in duly justified cases, are developed in such a way as to take into account the criteria of accessibility for persons with disabilities or adequate design for all users.< /p>

    4. The technical specifications allow equal access for economic operators and must not lead to unjustified obstacles to the opening of public procurement to competition.

    5. Without prejudice to mandatory national technical rules, technical specifications shall be formulated in one of the following ways:

    a) in terms of performance or functional requirements, including environmental characteristics, provided that the parameters are sufficiently precise to allow bidders to determine the subject of the contract and contracting authorities to award the contract;

    b) by reference to technical specifications and, in order of preference, to the standards that implement European standards, to the European technical assessments, to the common technical specifications, to the international standards, to other technical reference systems adopted by the European standardization bodies or in their absence, to the national standards, technical approvals or technical specifications regarding the design, calculation and implementation of works and use of supplies. Each reference contains the expression «or equivalent»;

    c) in terms of performance or functional requirements referred to in letter a), with reference to the specifications referred to in letter b) as a means of assuming conformity with such performances or functional requirements;

    d) by reference to the technical specifications referred to in letter b) for certain characteristics and to the performances or functional requirements referred to in letter a) for the other characteristics.

    p>

    6. Unless justified by the subject-matter of the contract, technical specifications may not mention a specific make or source or a particular process characteristic of the products or services supplied by a specific economic operator, nor refer to a trade mark, patent or a specific type, origin or production which would have the effect of favoring or eliminating certain companies or certain products. Such mention or reference is, however, permitted, exceptionally, in the event that a sufficiently precise and intelligible description of the subject matter of the contract is not possible by applying point 5. In this case the mention or reference is accompanied by the expression ' or equivalent".

    7. When making use of the option provided for in point 5, letter a) or the possibility of referring to the technical specifications referred to in point 5, letter b), contracting authorities cannot exclude an offer on the ground that the works, supplies o the services offered do not comply with the performance or functional requirements, if they comply with them in an equivalent way, nor because they do not comply with the technical specifications, if they are performances compliant with a European standard, a European technical approval, a common technical specification , to an international standard or to a technical reference system adopted by a European standardization body which cover the prescribed performance or functional requirements.

    8. The tenderer shall demonstrate, in its offer, by any appropriate means, including the means of proof referred to in Article 105 of the Code, that the proposed solutions comply in an equivalent manner with the performance, functional requirements and technical specifications prescribed.

     

    B – LABELING

    1. Contracting authorities that intend to purchase works, supplies or services with specific environmental, social or other characteristics may impose specific labeling in the technical specifications, award criteria or conditions relating to the execution of the contract as a means of prove that the works, supplies or services correspond to the required characteristics, when all the following conditions are met:

    a) the labeling requirements are suitable to define the characteristics of the works, supplies and services services covered by the contract and concern only the criteria connected to it;

    b) the labeling requirements are based on objective, verifiable and non-discriminatory criteria;

    c) the labels are established as part of a specific open and transparent procedure in which all interested parties can participate, including public bodies, consumers, social partners, producers, distributors and non-governmental organisations;

    < p>d) the labels are accessible to all interested parties;

    e) the requirements for the labeling are established by third parties over which the economic operator requesting the labeling cannot exercise influence decisive.

    2. If procuring authorities do not require works, supplies or services to meet all labeling requirements, they shall indicate which labeling requirements they refer to. Contracting authorities requiring specific labeling shall accept all those which confirm that the works, supplies or services meet equivalent requirements.

    3. If an economic operator demonstrates that it is not possible to obtain the specific labeling indicated by the contracting authority or equivalent labeling within the required deadlines, for reasons beyond its control, the contracting authority shall accept other means of proof, including documentation manufacturer's technique, suitable to demonstrate that the works, supplies or services that the economic operator concerned must provide meet the requirements of the specific labeling or the specific requirements indicated by the contracting authority.

    4. Where a label satisfies the conditions set out in point 1(b), (c), (d) and (e), but establishes requirements unrelated to the subject matter of the contract, contracting authorities may not require the label as such, but they can define the technical specifications with reference to the detailed specifications of this labeling, or, if necessary, to parts of these, connected to the subject of the contract and suitable for defining its characteristics.

     < /p>

  • Annex II.6 Information in notices and tenders.

    (Article 71, paragraph 4)

     

    PART I

    INFORMATION THAT MUST BE INCLUDED IN NOTICES AND NOTICES IN ORDINARY SECTORS

     

    A INFORMATION THAT MUST BE INCLUDED IN THE NOTICES ANNOUNCING THE PUBLICATION ON THE INSTITUTIONAL SITE OF THE CONTRACTING AUTHORITY OF A NOTICE OF PRE-INFORMATION (article 81, paragraph 1)

    1. Name, identification number, where applicable, address including NUTS code, telephone, fax, e-mail and Internet address of the contracting authority and, if different, of the service to which you can contact for additional information.

    2. Type of contracting administration and main activity carried out.

    3. If applicable, an indication that the contracting authority is a central purchasing body or that it is or may be any other form of joint procurement.

    4. CPV codes.

    5. Internet address of the «institutional website of the contracting authority» (URL).

    6. Date of dispatch of the notice of publication on the institutional website of the contracting authority of the pre-information notice.

     

    B - INFORMATION THAT MUST BE INCLUDED IN THE PRE-INFORMATION NOTICES (article 81, paragraph 1)

    SECTION B.1 Information that must appear in any case.

    1. Name, tender identification code, address including NUTS code, telephone, e-mail and Internet address of the contracting authority and, if different, of the service to which you can contact for additional information.

    2. Hyperlink to which the tender documents will be available for free, unlimited and direct access. If free, unlimited and direct access is not available for the reasons illustrated in Article 88, paragraph 2, an indication regarding the methods of access to the tender documents.

    3. Type of contracting authority and main activity carried out.

    4. Where appropriate, an indication that the contracting authority is a central purchasing body or that it is or may be any other form of joint procurement.

    5. CPV codes. If the contract is divided into lots, this information is provided for each lot.

    6. The NUTS code of the main place of execution of the works in the case of works contracts or the NUTS code of the main place of delivery or performance in the case of supply and service contracts. If the contract is divided into lots, this information is provided for each lot.

    7. Brief description of the contract: nature and extent of the works, nature and quantity or value of the supplies; nature and extent of the services.

    8. If the notice does not serve as a means of calling for tenders, expected date(s) for the publication of a tender notice(s) for the contract(s) referred to in the prior information notice.

    9. Date of sending of the notice.

    10. Any other information.

    11. Indicate whether or not the contract falls within the scope of application of the GPA.

     

    SECTION B.2 Additional information to be provided if the notice serves as a means of calling for competition (article 81, paragraph 2)

    1. Indication of the fact that interested economic operators must make their interest in the contract or contracts known to the contracting administration.

    2. Type of procurement procedure (restricted procedures, whether or not involving a dynamic purchasing system, or competitive procedures with negotiation).

    3. If necessary, indicate whether:

    a) it is a framework agreement;

    b) it is a dynamic purchasing system.

    4. If known, delivery or supply times of products, works or services and duration of the contract.

    5. If known, the conditions of participation, including the following:

    a) indication, if any, whether it is a public contract reserved for sheltered laboratories or whose execution is reserved within the framework of protected employment;

    b) any indication whether, by virtue of legislative, regulatory or administrative provisions, the provision of the service is reserved for a particular profession;

    c) a brief description of the selection criteria.

    6. If known, a brief description of the criteria that will be used to award the contract.

    7. If known, the estimated overall size of the contract or contracts. If the contract is divided into lots, this information is provided for each lot.

    8. Deadlines for receiving expressions of interest.

    9. Digital procurement platform where it is possible to fill in expressions of interest.

    10. Language or languages authorized for the submission of applications or offers.

    11. If necessary, indicate whether:

    a) electronic submission of offers or requests to participate is requested or accepted;

    b) electronic ordering will be used;

    p>

    c) electronic invoicing will be used;

    d) electronic payment will be accepted.

    12. Information indicating whether the procurement is related to a project or program financed by European Union funds.

    13. Name and address of the body responsible for appeal procedures and, where applicable, mediation. Clarifications of the deadlines for filing an appeal or, if necessary, name, address, telephone number, fax number and electronic address of the service from which the information in question can be requested.

     

    C INFORMATION THAT MUST BE INCLUDED IN NOTICES AND NOTICES OF TENDER ( referred to in article 83)

    1. Name, identification number, where applicable, address including NUTS code, telephone, fax, e-mail and internet address of the contracting authority and, if different, of the service to contact for additional information.

    2. Hyperlink to which the tender documents will be available for free, unlimited and direct access. If free, unlimited and direct access is not available for the reasons illustrated in Article 88, paragraph 2, an indication regarding the methods of access to the tender documents.

    3. Type of contracting administration and main activity carried out.

    4. If applicable, an indication that the contracting authority is a central purchasing body or that any other form of joint procurement is involved.

    5. CPV codes. If the contract is divided into lots, this information is provided for each lot.

    6. The NUTS code of the main place of execution of the works in the case of works contracts or the NUTS code of the main place of delivery or performance in the case of supply and service contracts. If the contract is divided into lots, this information is provided for each lot.

    7. Description of the contract: nature and extent of the works, nature and quantity or value of the supplies; nature and extent of the services. If the contract is divided into lots, this information is provided for each lot. If applicable, a description of any options.

    8. Estimated total order of magnitude of the contract or contracts; if the contract is divided into lots, this information is provided for each lot.

    9. Admission or prohibition of variants.

    10. Delivery or supply times of goods, works or services and, as far as possible, the duration of the contract.

    a) In the case of framework agreements, indicate the expected duration of the framework agreement, specifying, if where appropriate, the reasons justifying a duration of the framework agreement exceeding four years; as far as possible, indication of the value or order of magnitude and frequency of the contracts to be awarded, number and, where necessary, expected maximum number of economic operators who will participate.

    b) In the case of a system dynamic acquisition the indication of the expected duration of this system; as far as possible, an indication of the value or order of magnitude and frequency of the contracts to be awarded.

    11. Conditions of participation, including the following:

    a) indication, if any, whether it is a public contract reserved for sheltered workshops or whose execution is reserved within the framework of sheltered work programmes;< /p>

    b) indicate, if necessary, whether, by virtue of legislative, regulatory or administrative provisions, the provision of the service is reserved for a particular profession; references to the legislative, regulatory or administrative provisions in question;

    c) a list and brief description of the criteria regarding the personal situation of economic operators which may lead to their exclusion and of the selection criteria; specific minimum level(s) of capability that may be required. Indication of the information required (self-certifications, documentation).

    12. Type of procurement procedure; possibly, justification for the use of the accelerated procedure (in the case of open and restricted procedures and competitive procedures with negotiation).

    13. If necessary, indicate whether:

    a) it is a framework agreement;

    b) it is a dynamic purchasing system;

    c) it is of an electronic auction (in the case of open or restricted procedures or competitive procedures with negotiation).

    14. If the contract must be divided into lots, indication of the possibility for economic operators to submit offers for one, for several lots or for all of the lots. Indication of any possible limitations on the number of lots that can be awarded to the same bidder. If the contract is not divided into lots, indication of the reasons, unless this information is provided in the single report.

    15. In the case of a restricted procedure, competitive procedure with negotiation, competitive dialogue or innovation partnership, when the option is used to reduce the number of candidates who will be invited to submit offers, participate in the dialogue or negotiate: minimum number and, possibly, maximum number of candidates and objective criteria to be applied for the choice of the candidates in question.

    16. In the case of a competitive procedure with negotiation, competitive dialogue or partnership for innovation, indicate, if necessary, the use of a procedure that takes place in several successive phases, in order to gradually reduce the number of solutions to be discussed or offers to be negotiated .

    17. Where applicable, the particular conditions to which the execution of the contract is subject.

    18. Criteria for awarding the contract or contracts. Except in the case in which the most economically advantageous offer is identified on the basis of price alone, the criteria that determine the most economically advantageous offer and their weighting must be indicated if they do not appear in the tender specifications or, in the case of competitive dialogue , in the descriptive document.

    19. Deadline for completing offers (open procedures) or requests to participate (restricted procedures and competitive procedure with negotiation, dynamic purchasing systems, competitive dialogue, innovation partnerships).

    20. Digital platform where it is possible to insert offers or requests for participation.

    21. In the case of open procedures:

    a) period of time during which the tenderer is bound to its offer;

    b) date, time and place of opening of the offers;< /p>

    c) people authorized to assist in the opening operations.

    22. Language(s) that can be used in offers or requests to participate.

    23. If necessary, indicate whether:

    a) electronic submission of offers or requests to participate is accepted;

    b) electronic ordering will be used;

    c) electronic invoicing will be accepted;

    d) electronic payment will be used.

    24. Information indicating whether the procurement is related to a project or program financed by European Union funds.

    25. Name and address of the body responsible for appeal procedures and, where applicable, mediation. Details of the deadlines for filing an appeal or, if applicable, name, address, telephone and fax number, as well as e-mail address of the service from which such information can be requested.

    26. Dates and references of previous publications in the Official Journal of the European Union and in the ANAC Database relating to the contract(s) referred to in this notice.

    27. In the case of renewable contracts, expected timetable for the publication of the next tenders and notices.

    28. Date of sending of the notice.

    29. Indicate whether or not the procurement falls within the scope of the GPA.

    30. Any other information.

     

    D INFORMATION THAT MUST BE INCLUDED IN THE NOTICES RELATING TO THE AWARDED CONTRACTS< /b> (referred to in Article 111)

    1. Name, identification number, where applicable, address including NUTS code, telephone, fax, e-mail and Internet address of the contracting authority and, if different, of the service to which you can contact for additional information.

    2. Type of contracting authority and main activity carried out.

    3. If applicable, an indication that the contracting authority is a central purchasing body or that it involves any other form of joint procurement.

    4. CPV codes.

    5. The NUTS code of the main place of execution of the works in the case of works contracts or the NUTS code of the main place of delivery or performance in the case of supply and service contracts.

    6. Description of the contract: nature and extent of the works, nature and quantity or value of the supplies; nature and extent of the services. If the contract is divided into lots, this information is provided for each lot. If applicable, a description of any options.

    7. Type of procurement procedure; in the case of a negotiated procedure without prior publication, justification for the use of this procedure.

    8. If necessary, indicate whether:

    a) it is a framework agreement;

    b) it is a dynamic purchasing system.

    9. The criteria referred to in Article 108 that were used for the award of the contract or contracts. If applicable, indication whether an electronic auction was used (in the case of open or restricted procedures or competitive procedures with negotiation).

    10. Date of conclusion of contracts or framework agreements following the award or conclusion decision.

    11. Number of offers received with reference to each contract, including:

    a) number of offers received from economic operators consisting of small and medium-sized enterprises;

    b) number of offers received from a another Member State or from a third country;

    c) number of offers received electronically.

    12. For each award: name, address including NUTS code, telephone, fax, e-mail and internet address of the successful tenderer or successful tenderers, including:

    a) information specifying whether the successful tenderer is a small and medium-sized enterprise;

    b) information specifying whether the contract has been awarded to a group of economic operators (joint-venture, consortium or other).

    13. Value of the winning bid (or bids) or of the maximum bid and minimum bid taken into consideration for the award(s) of the contract.

    14. If applicable, for each award, value and part of the contract that may be subcontracted to third parties.

    15. Information indicating whether the procurement is related to a project or program financed by European Union funds.

    16. Name and address of the body responsible for appeal procedures and, where applicable, mediation. Details of the deadlines for filing an appeal or, if applicable, name, address, telephone and fax number, as well as e-mail address of the service from which such information can be requested.

    17. Dates and references of previous publications in the Official Journal of the European Union or in the Official Journal of the Italian Republic relating to the contract(s) referred to in this notice.

    18. Date of sending of the notice.

    19. Any other information.

     

    E INFORMATION THAT MUST BE INCLUDED IN TENDERS AND AWARD NOTICES FOR PROCUREMENT OF SOCIAL SERVICES AND OTHER SPECIFIC SERVICES >(referred to in article 127, paragraph 1)

    1. Name, identification number, where applicable, address including NUTS code, email and Internet address of the contracting authority.

    2. The NUTS code of the main place of execution of the works in the case of works contracts or the NUTS code of the main place of delivery or performance for supplies and services.

    3. A brief description of the procurement in question, including CPV codes.

    4. Conditions of participation, including the following:

    a) indication, if any, whether it is a contract reserved for sheltered workshops or whose execution is reserved within the framework of sheltered work programmes;

    p>

    b) the indication, if any, if by virtue of legislative, regulatory or administrative provisions, the provision of the service is reserved for a particular profession;

    5. Deadlines for contacting the contracting authority, in view of participation.

    6. Brief description of the main characteristics of the award procedure.

     

    F < b> INFORMATION THAT MUST BE INCLUDED IN NOTICES FOR PROCUREMENT OF SOCIAL SERVICES AND OTHER SPECIFIC SERVICES (referred to in Article 127, paragraph 1)

    1. Name, identification number, where required, by national legislation, address including NUTS code, email and Internet address of the contracting authority.

    2. A brief description of the procurement in question, including the estimated overall contract value and CPV codes.

    3. If you know:

    a) the NUTS code of the main place for carrying out the works in the case of works contracts or the NUTS code of the main place of delivery or performance for supplies and services; p>

    b) times of delivery or provision of goods, works or services and duration of the contract;

    c) conditions of participation, including the following:

    1) the indication, if any, if it is a public contract reserved for protected laboratories or whose execution is reserved to the context of protected work programmes,

    2) the indication, if any, if, by virtue of legislative, regulatory or administrative provisions, the provision of the service is reserved for a particular profession;

    d) a brief description of the main characteristics of the award procedure.

    4. Indication of the fact that interested economic operators must inform the contracting authority of their interest in the contract or contracts, of the deadlines for receiving expressions of interest and of the address to which expressions of interest must be sent.< /p>

     

    G INFORMATION THAT MUST BE INCLUDED IN THE AWARD NOTICES FOR PROCUREMENT OF SOCIAL SERVICES AND OTHER SPECIFIC SERVICES (referred to in article 127, paragraph 3)

    1. Name, identification number, where applicable, address including NUTS code, email and Internet address of the contracting authority.

    2. Brief description of the contract in question, including CPV codes.

    3. The NUTS code of the main place for carrying out the works in the case of works or the NUTS code of the main place of delivery or performance for supplies and services.

    4. Number of offers received.

    5. Price or range of prices (minimum/maximum) paid.

    6. For each award: name, address including NUTS code, email and Internet address of the successful tenderer or successful tenderers.

    7. Any other information.

     

    PART II

    INFORMATION THAT MUST BE INCLUDED IN THE PERIODIC INDICATIVE NOTICES, NOTICES AND TENDER NOTICES IN THE SPECIAL SECTORS

    (articles 153, paragraph 1 , letter a), 161, paragraphs 1 and 2, 162, paragraph 1, 163, paragraphs 1, 2 and 4 and 164, paragraph 1)

     

    SECTION A – Information that must be included in any case

    1. Name, identification number (where required by national legislation), address including NUTS code, telephone, fax, e-mail and Internet address of the contracting authority or granting body and, if different, of the service to contact for additional information.

    2. Main activity carried out.

    3. a) For supply contracts: nature and quantity or value of the services or products to be supplied (CPV codes);

    b) for works contracts: nature and extent of the services, general characteristics of the work or lots relating to the work, number (CPV codes);

    c) for service contracts: total amount envisaged in each of the categories of services envisaged (CPV codes).

    < p>4. Date of sending of the notice or of sending of the communication announcing the publication of this notice on the institutional website of the contracting authority or granting body.

    5. Any other information.

     

    SECTION B – Additional information that must be provided if the notice serves as a means of calling for competition or allows a reduction in the deadlines for receiving applications or offers (article 161, paragraph 2, letters b) and c))

    6. Indication of the fact that interested economic operators must make their interest in the contract or contracts known to the contracting authority or granting body.

    7. Email address or Internet address to which the specifications and tender documents will be available for free, unlimited and direct access. If free, unlimited and direct access is not available for the reasons illustrated in Article 159, paragraphs 3 and 4, an indication regarding the methods of access to the tender documents.

    8. Indicate, if necessary, whether the contract is reserved for sheltered workshops or whether the execution is reserved in the context of sheltered work programs.

    9. Deadline for receiving applications for an invitation to bid or negotiate.

    10. Nature and quantity of the products to be supplied or general characteristics of the work or category of service and its description; indicate whether one or more framework agreements are envisaged, specifying among other things any options for complementary purchases and the provisional timetable for exercising such options as well as the number of any renewals. In the case of a series of renewable contracts, also indicate the provisional calendar of subsequent calls for tenders. Indicate whether it is a purchase, financial leasing, rental, hire purchase, or a combination of these possibilities.

    11. The NUTS code of the main place of execution of the works in the case of works contracts or the NUTS code of the main place of delivery or performance in the case of supply and service contracts. If the contract is divided into lots, this information is provided for each lot.

    12. Delivery or execution deadline or duration of the contract and, if possible, starting date.

    13. Address to which interested companies must express their interest in writing.

    14. Deadline for receiving expressions of interest.

    15. Language or languages authorized for the submission of applications or offers.

    16. Economic and technical requirements, financial and technical guarantees that suppliers must satisfy.

    17. Indicate:

    a) provisional date, if known, of the start of the procedures for awarding the contract or contracts;

    b) type of procurement procedure (restricted procedures, which whether or not they involve a dynamic purchasing system, or negotiated procedures).

    18. If applicable, the particular conditions to which the execution of the contract is subject.

    19. If necessary, indicate whether:

    a) electronic transmission of offers or requests to participate is requested/accepted;

    b) electronic ordering will be used;

    p>

    c) electronic invoicing will be used;

    d) electronic payment will be accepted.

    20. Name and address of the body responsible for appeal and, if applicable, mediation procedures. Details regarding the deadline for lodging appeals or, if necessary, name, address, telephone number, fax number and electronic address of the service from which the information in question can be requested.

    21 . Criteria, if known, which will be used to award the contract. Except where the most economically advantageous offer is identified on the basis of price alone, the criteria for determining the most economically advantageous offer as well as the weighting attributed to them or, where appropriate, the hierarchy of application of the same are indicated if are not included in the specifications or are not included in the invitation to express interest referred to in Article 161, paragraph 2, letter b), or in the invitation to submit an offer or to negotiate.< /p>

     

    SECTION C – Information that must appear in the notices announcing the publication on the institutional website of the contracting authority or the granting body of an indicative periodic notice, which does not serve as a means of calling a tender (referred to in article 161, paragraph 1)

    1. Name, identification number (where required by national legislation), address including NUTS code, telephone, fax, e-mail and Internet address of the contracting authority or granting body and, if different, of the service to contact for additional information.

    2. Main activity carried out.

    3. CPV codes.

    4. Internet address of the contracting authority or granting body (URL).

    5. Date of dispatch of the notice of publication on the website of the contracting authority or the granting body of the pre-information notice.

     

    SECTION D Information that must appear in notices and tender notices for the award of contracts in the case of open procedures (referred to in Article 155, paragraph 1)

    1. Name, identification number, where applicable, address including NUTS code, telephone, fax, e-mail and Internet address of the contracting authority or granting body and, if different, of the service to contact for additional information.

    2. Main activity carried out.

    3. Indicate, if necessary, whether the contract is reserved for sheltered workshops or whether the execution is reserved in the context of sheltered work programs.

    4. Type of contract (supplies, works or services; indicate if necessary whether it is a framework agreement or a dynamic purchasing system), description (CPV codes). Indicate, if necessary, whether the offers solicited are for the purposes of purchase, financial leasing, rental, hire purchase or a combination of these possibilities.

    5. The NUTS code of the main place of execution of the works in the case of works contracts or the NUTS code of the main place of delivery or performance in the case of supply and service contracts.

    6. For supplies and works:

    a) nature and quantity of the products to be supplied (CPV codes). Indicate, among other things, any options relating to additional purchases and, if possible, the deadline envisaged for exercising such options as well as the number of any renewals. In the case of renewable contracts, also indicate, if possible, a provisional calendar of subsequent calls for tenders for the products requested or the nature and extent of the services, as well as the general characteristics of the work (CPV codes);

    b) indications relating to the possibility for suppliers to submit offers for all or part of the requested products. For works contracts, if the work or contract is divided into several lots, the order of size of the various lots and the possibility of submitting offers for one, for more or for all the lots;

    < p>c) for works contracts: information on the objective of the work or contract, when the latter also involves the development of projects.

    7. For services:

    a) nature and quantity of the services to be provided. Indicate, among other things, any options relating to additional purchases and, if possible, the deadline envisaged for exercising such options as well as the number of any renewals. In the case of a series of renewable contracts, also indicate, if possible, a provisional calendar of subsequent calls for tenders for the requested services;

    b) indicate whether, pursuant to legislative, regulatory or administrative provisions, the provision of the service is reserved for a particular profession;

    c) references to legislative, regulatory or administrative provisions;

    d) indicate whether legal persons are required to indicate the name and the professional qualifications of the staff responsible for providing the service;

    e) indicate whether providers may submit offers for part of the services in question.

    8. Indicate, if known, whether the submission of variants is authorized or not.

    9. Delivery or performance deadline or duration of the service contract and, if possible, starting date.

    10. Email address or Internet address to which the tender documents will be available for free, unlimited and direct access. If free, unlimited and direct access is not available for the reasons illustrated in Article 88, paragraphs 2 and 3, an indication regarding the methods of access to the tender documents.

    11. Indicate:

    a) deadline for receiving offers or indicative offers in the case of a dynamic purchasing system;

    b) address to which to send them;

    c) Language or languages in which they must be drawn up.

    12. Indicate:

    a) if applicable, persons permitted to attend the opening of the tenders;

    b) date, time and place of such opening.

    13. If applicable, deposit and guarantees required.

    14. Essential financing and payment methods and references to the relevant provisions.

    15. Possibly, legal form that the group of economic operators to whom the contract is awarded must take.

    16. Minimum economic and technical requirements that the successful economic operator must satisfy.

    17. Period of time during which the bidder is bound by his offer.

    18. If applicable, the particular conditions to which the execution of the contract is subject.

    19. Criteria that will be used to award the contract. Except where the most economically advantageous offer is identified on the basis of price alone, the criteria for determining the most economically advantageous offer as well as the weighting attributed to them or, where appropriate, the hierarchy of application of the same are indicated if do not appear in the specifications.

    20. If applicable, the date or dates and the reference or references to the publication in the Official Journal of the European Union or in the Official Journal of the Italian Republic of the periodic notice, or of the notice announcing the publication of this notice in the "client profile" to which the contract refers.

    21.Name e

  • Annex II.7 Characteristics relating to publication.

    (Article 84, paragraph 1)

    1. Publication of notices and notices:

    The notices and notices referred to in articles 46, 81, 82, 111, 128, 161, 162, 163 and 164 of the code must be transmitted by the stations and the granting bodies to the Publications Office of the European Union, through the national database of public contracts referred to in article 23 of the code, and published in accordance with the following rules:

    a) the notices and notices referred to in articles 46, 81, 82, 111, 128 and 161, 162, 163 and 164 of the code are published by the Office for Official Publications of the European Union or by the stations contracting bodies and granting bodies if they are indicative periodic notices published in the client profile pursuant to articles 81 and 161, paragraph 1, of the code. Furthermore, contracting authorities and granting bodies may disclose such information via the Internet, publishing it on their institutional website as specified in point 2, letter b);

    b) the Office for Official Publications of the European Union confirms the publication referred to in article 84 of the code to the contracting authority or granting body.

     

    2. Publication of complementary or additional information:

    a) unless otherwise provided by article 88 of the code, contracting authorities and granting bodies publish the tender documents in full on their institutional website;< /p>

    b) the institutional website may contain: pre-information notices referred to in article 81 of the code, or periodicals, referred to in article 161, paragraph 1, of the code, information on invitations to submit offers in progress, on planned purchases, on concluded contracts, on canceled procedures, as well as any other useful information such as contact points, telephone and fax numbers, postal and electronic (e-mail) addresses. The institutional website may also include pre-information notices or indicative periodic notices used as a means of calling for tenders, published at national level in accordance with articles 84 and 164 of the code.

     < /b>

    3. Format and methods of transmission of notices and tenders electronically:

    the format and methods established by the Commission for the transmission of notices and tenders electronically are accessible at the Internet address : http://simap.eu.int.

     

  • Annex II.8 Test reports, quality certifications, means of proof, online register of certificates and life cycle costs.

    (Article 87, paragraph 3)

     

    I. Procuring authorities may request from economic operators a test report or a certificate issued by a conformity assessment body as a means of proof of conformity of the tender with the requirements or criteria established in the technical specifications, the award criteria or the relevant conditions to the execution of the contract.

    Procuring authorities that require the presentation of certificates issued by a specific conformity assessment body shall also accept certificates issued by equivalent conformity assessment bodies. For this purpose, 'conformity assessment body' means a body carrying out conformity assessment activities, including calibration, testing, inspection and certification, accredited in accordance with Regulation (EC) No. 765/2008 of the European Parliament and of the Council,of 9 July 2008 or authorized, for the application of European Union harmonization legislation, by the Member States not based on accreditation, pursuant to Article 5, paragraph 2, of the same Regulation (EC) No. 765/2008. In cases not covered by European Union harmonization legislation, the reports and certificates issued by the bodies indicated in the national provisions of the sector are used.

    The contracting authorities accept other appropriate means of proof, other than those previously indicated, including a technical documentation from the manufacturer, if the economic operator concerned did not have access to the certificates or test reports, or could not obtain them within the required deadlines, provided that the lack of access is not attributable to the economic operator concerned and provided that the latter demonstrates that the works, supplies or services provided satisfy the requirements or criteria established in the technical specifications, the award criteria or the conditions relating to the performance of the contract.

    The information relating to the tests and to the documents presented are made available to the other Member States, upon request, through the Cabina di regia referred to in Article 221 of the code. The exchange of information is aimed at effective mutual cooperation, and takes place in compliance with European and national rules on the protection of personal data.

    II. In order to facilitate the submission of cross-border tenders, contracting authorities first require the submission of the types of certificates or other forms of documentary evidence covered by the online register of certificates (e-Certis).

    The cabin of the directorate referred to in article 221 of the code is responsible for updating the information concerning the certificates and other forms of documentary evidence introduced in e-Certis and established by the European Commission.

    III. When evaluating offers on the basis of a criterion such as the life cycle cost of a product, contracting authorities indicate in the tender documents the data that economic operators must provide and the method that will be used to determine the life cycle costs on the basis of such data.

    The data that the contracting authorities may request are:

    1) costs related to the acquisition;

    2) costs related to use, such as consumption of energy and other resources;

    3) maintenance costs;

    4) end-of-life costs, such as collection, disposal and recycling costs ;

    5) costs attributed to environmental externalities linked to products, services or works during the life cycle, provided that their monetary value can be determined and verified. These costs may include the costs of emissions of greenhouse gases and other pollutants, as well as other costs related to climate change mitigation.

    The method used by contracting authorities for the evaluation of costs attributed to environmental externalities must satisfy all the following conditions:

    a) be based on objective, verifiable and non-discriminatory criteria. If the method is not intended for repeated or continuous application, it must not unduly favor or disadvantage certain economic operators;

    b) be accessible to all interested parties;

    c) the requested data must be capable of being supplied with reasonable effort by normally diligent economic operators, including economic operators from other Member States, from third countries which are parties to the GPA or other international agreements with which the European Union is required to respect or ratified by Italy.

    Whenever a common method for calculating life cycle costs has been made mandatory by a legislative act of the European Union, this common method shall be applied for the evaluation of life cycle costs of life. A common method for calculating life cycle costs is provided for by Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean road transport vehicles supporting low-energy mobility. emissions.

     

  • Annex II.9 Information contained in the invitations to candidates.

    (Articles 89, paragraph 2 and 165, paragraph 2)

     < /b>

    PART I - Contents of the invitations to submit offers, to participate in the competitive dialogue or to confirm interest, provided for the ordinary sectors referred to in Article 89 of the code

    1. The invitation to submit an offer or participate in the dialogue pursuant to Article 74 of the Code must contain at least:

    a) a reference to the published call for competition;

    b) the deadline for receiving offers, the digital platform where it is possible to fill in the application for participation in the tender and the language or languages in which they must be drawn up;

    c) in the case of competitive dialogue , the established date and the address or platform for the start of the consultation phase, as well as the language or languages used;

    d) the indication of any documents to be attached in support of the verifiable declarations or to integration of the information provided by the candidate in accordance with Articles 91, 102 of the Code and Annex II.8 to the Code;

    e) the relative weighting of the contract award criteria, or, if necessary, the decreasing order of importance of those criteria, if they do not appear in the contract notice, the invitation to confirm interest, the technical specifications or the descriptive document.

    However, for contracts awarded through a dialogue competitive or an innovation partnership, the details referred to in letter b) will not appear in the invitation to participate in the dialogue or to negotiate but rather in the invitation to submit a tender.

    2. When a tender is launched by means of a pre-information notice, the contracting authorities then invite all candidates to confirm their interest on the basis of the detailed information relating to the contract in question before starting the selection of tenderers or participants in a negotiation.

    This invitation shall include at least the following information:

    a) nature and quantity, including all options relating to complementary procurement and, if possible, the expected deadline for exercising them; in the case of renewable contracts, nature and quantity and, if possible, deadline for the publication of subsequent tender notices for the works, supplies or services covered by the contract;

    b) type of procedure: restricted procedure or competitive procedure with negotiation;

    c) possibly, the date on which the delivery of the supplies or the execution of the works or services must begin or end;

    d) where electronic access cannot be offered, address and deadline for submitting requests for tender documents as well as the language or languages in which they must be drawn up;

    e) address of the awarding contracting authority the contract;

    f) economic and technical conditions, financial guarantees and information requested from economic operators;

    g) form of the contract covered by the tender: purchase, financial leasing , rental or hire purchase or more than one of these forms;

    h) the criteria for awarding the contract and their weighting or, where appropriate, the order of importance of the same, where this information does not appear in the pre-information notice or in the technical specifications or in the invitation to submit offers or to participate in negotiations.

     

    PART II - Content of the invitations to submit offers, participate in dialogue, negotiate or confirm interest, provided for the special sectors referred to in Article 165of the Code

    1 . The invitation to submit an offer, to participate in the dialogue or to negotiate pursuant to Article 165 of the Code must contain at least:

    a) the deadline for receiving the offers, the address to which they must be transmitted and the language or languages in which they must be drawn up.

    However, in the case of contracts awarded through a competitive dialogue or an innovation partnership, this information does not appear in the invitation to tender participate in a negotiation, but rather in the invitation to submit an offer;

    b) in the case of a competitive dialogue, the established date and address for the start of the consultation phase, as well as the language or the languages used;

    c) a reference to any published call for competition;

    d) an indication of any documents to be attached;

    e ) the contract award criteria if they do not appear in the notice relating to the existence of a qualification system with which the tender is launched;

    f) the relative weighting of the contract award criteria or , where appropriate, the order of importance of these criteria, if this information does not appear in the contract notice, in the notice relating to the existence of a qualification system or in the specifications.

    2. When a tender is announced by means of a periodic indicative notice, the contracting authorities or granting bodies then invite all candidates to confirm their interest on the basis of the detailed information relating to the contract in question before starting the selection of tenderers or participants to a negotiation.

    The invitation shall include at least all of the following information:

    a) nature and quantity, including all options regarding complementary procurement and, if possible, the expected deadline for exercise them; in the case of renewable contracts, nature and quantity and, if possible, deadline for the publication of subsequent tender notices for the works, supplies or services covered by the contract;

    b) type of procedure: restricted or negotiated;

    c) possibly, the date on which the delivery of supplies or the execution of works or services must begin or end;

    d) where this cannot be offer electronic access, address and deadline for filing applications for tender documents as well as the language or languages in which they must be drawn up;

    e) the address of the contracting authority or body grantor;

    f) economic and technical conditions, financial guarantees and information requested from economic operators;

    g) form of the contract covered by the invitation to tender: purchase, financial leasing, rental or hire purchase or more than one of these forms; and

    h) the contract award criteria and their weighting or, where appropriate, the order of importance of the same, where this information does not appear in the indicative notice or in the specifications charges or in the invitation to submit offers or to participate in negotiations.

     

  • Annex II.10 Serious violations of obligations relating to the payment of taxes and duties or social security contributions.

    (Articles 94, paragraph 6 and 95, paragraph 2)

     

    Article 1.

    1. Pursuant to and for the purposes of Article 94, paragraph 6, of the code, serious violations are those which involve a failure to pay taxes and fees exceeding the amount referred to in Article 48-bis, paragraphs 1 and 2-bis, of the decree of the President of the Republic 29 September 1973, n. 602. Those contained in sentences or administrative acts no longer subject to appeal constitute definitively ascertained violations. Those that prevent the issuing of the single contribution regularity document (DURC), referred to in the decree of the Minister of Labor and Social Policies of 30 January 2015, published in the Official Gazette of the Italian Republic no., constitute serious violations in contributory and social security matters. 125 of 1 June 2015, or the certifications issued by the reference social security institutions not adhering to the one-stop social security system.

    2. In relation to articles 94, paragraph 6 and 95 paragraph 2, the single document of contribution regularity acquired automatically by the contracting authorities from the social security institutions in accordance with current legislation is considered a means of proof, with reference to social security and welfare contributions.

     

    Article 2.

    1. Pursuant to and for the purposes of Article 95, paragraph 2, of the code, failure to comply with the obligations relating to the payment of taxes and duties deriving from:

    a) notification of tax deeds, resulting to office control activities;

    b) notification of tax deeds following office liquidation activities;

    c) notification of payment orders concerning tax claims, subject to irregularity notices issued following automated or formal control of the declaration, pursuant to articles 36-bis and 36 -ter of the decree of the President of the Republic 29 September 1973, n. 600 and article 54-bis of the decree of the President of the Republic of 26 October 1972, n. 633.

     

    Article 3.

    1. Pursuant to and for the purposes of Article 95, paragraph 2, of the code, the violation is considered serious when it involves non-compliance with an obligation to pay taxes or duties for an amount which, excluding penalties and interest, is equal to or greater than 10 percent of the contract value. For contracts divided into lots, the severity threshold is related to the value of the lot or lots for which the economic operator is competing. In the case of subcontracting or participation in temporary groupings or consortia, the severity threshold referring to the subcontractor or participant in the grouping or consortium is related to the value of the service undertaken by the individual economic operator. In any case, the amount of the violation must not be less than 35,000 euros. Those that prevent the issuing of the DURC, as per the decree of the Minister of Labor and Social Policies of 30 January 2015, or the certifications issued by the reference social security bodies not adhering to the one-stop social security system, constitute serious violations in the field of social security and contributions. /p>

     

    Article 4.

    1. Pursuant to and for the purposes of Article 95, paragraph 2, of the code, the serious violation referred to in Article 3, paragraph 1, of this annex is considered not definitively ascertained, and therefore assessable by the contracting authority for exclusion from the participation in procedures for the awarding of public contracts, when the deadlines for fulfilling the payment obligation have expired in vain and the tax deed or payment demand has been promptly challenged.

    2. The violations referred to in paragraph 1 are not relevant for the purposes of excluding the economic operator from participation in the procurement procedure if in relation to them there has been a judicial ruling favorable to the economic operator which has not become final, until any reform of the same or until the violation is definitively ascertained, or if jurisdictional or administrative suspension measures have been adopted.

     

  • Annex II.11 Professional or commercial registers for economic operators from other Member States.

    (Article 100, paragraph 3)

     

    The professional and commercial registers, the declarations and corresponding certificates for each Member State are:

    - for Belgium, «Registre du Commerce»/«Handelsregister» and, for service contracts, «Ordres commercialels/Beroepsorden»,

    - for Bulgaria, «Търговски регистър»,

    - for the Czech Republic, «obchodní rejst& #345;ík»,

    - for Denmark, «Erhvervsstyrelsen»,

    - for Germany, «Handelsregister», «Handwerksrolle», and, for service contracts « Vereinsregister"; «Partnerschaftsregister» and «Mitgliedsverzeichnisse der Berufskammern der Länder»,

    - for Estonia, «Registrite ja Infosüsteemide Keskus»,

    - for Ireland, an economic operator can be invited to produce a certificate from the "Registrar of Companies" or the "Registrar of Friendly Societies" or, failing that, a certificate specifying that the interested party has declared under oath to practice the profession in question in the country in which he is established, in a specific place and under a specific commercial name,

    - for Greece, «Μητρώο Εργοληπτικών Επιχειρήσεων — ΜΕΕΠ» of the Ministry of the Environment, Territorial Planning and Public Works (Υ.ΠΕ.ΧΩ.Δ.Ε) for procurement of works; «Βιοτεχνικό ή Εμπορικό ή Βιομηχανικό Επιμελητήριο» and «Μητρώο Κατασκευαστώ&# 957; Αμυντικού Υλικού» for supply contracts; for service contracts, the service provider may be asked to produce a sworn declaration made before a notary, regarding the exercise of the professional activity in question; in the cases provided for by the national legislation in force, for the provision of the research services referred to in Annex I, the professional register «Μητρώο ; Μελετητών» as well as «Μητρώο Γραφείων Μελετών»,

    - for Spain, «Registro Oficial de Licitadores y Empresas Clasificadas del Estado" for works and service contracts and, for supply contracts, "Registro Mercantil" or, in the case of unregistered persons, a certificate attesting that the interested party has declared under oath to practice the profession in question,

    - for France, «Registre du commerce e des societes» and «Repertoire des metiers»,

    - for Croatia, «Sudski registrar» and «Obrtni registrar» or, for certain activities, a certificate certifying that the interested party is authorized to carry out the commercial activity or profession in question,

    - for Italy, «Registro della Camera di Commercio , industry, agriculture and crafts"; for supply and service contracts, also the «Register of Provincial Commissions for Crafts» or, in addition to the registers already mentioned, the «National Council of Professional Orders» for service contracts; for works or service contracts, the «National Register of Environmental Managers» in addition to the registers already mentioned,

    - for Cyprus, the entrepreneur may be invited to present a certificate from the «Council for the Registration and Audit of Civil Engineering and Building Contractors (Συμβούλιο Ε& #947;γραφήςκαι Ελέ ;γχου Εργοληπτ& #974;ν Οικοδομικών ; και Τεχνικών Έ& #961;γων)», in accordance with the Registration and Audit of Civil Engineering and Building Contractors Law for works contracts; for supply and service contracts, the supplier or service provider may be required to submit a certificate from the Registrar of Companies and Official Receiver (Έφορο ;ς Εταιρειών κα& #953; Επίσημος Παρα ;λήπτης) or, otherwise, a certificate attesting that the interested party has declared, under oath, to practice the profession in the country in which is established, in a specific place and with a particular commercial name,

    - for Latvia, « Uzņēmumu reģistrs » («Business Register») ,

    - for Lithuania, « Juridinių asmenų registras»,

    - for Luxembourg, «Registre aux firmes» and «Rôle de la chambre des metiers»,

    - for Hungary , « Cégnyilvántartás », «egyéni vállalkozók jegyzői nyilvántartása», and, for service contracts, certain «szakmai kamarák nyilvántartása» or, in the case of certain activities, a certificate attesting that the interested party is authorized to carry out the commercial activity or profession in question,

    - for Malta, the economic operator obtains his «numru tà registrazzjoni tat- Taxxa tal- Valur Miżjud (VAT) u n- numru tal- licenzja tà kummerc", and, in the case of partnerships or companies, the relevant registration number issued by the Malta Financial Services Authority,

    - for the Netherlands, "Handelsregister",

    < p>- for Austria, «Firmenbuch», «Gewerberegister», «Mitgliederverzeichnisse der Landeskammern»,

    - for Poland, «Krajowy Rejestr Sądowy »,

    - for Portugal, «Instituto da Construção e do Imobiliário » (INCI) for works contracts; «Registro Nacional das Pessoas Colectivas», for supply and service contracts,

    - for Romania, «Registrul Comerțului»,

    - for Slovenia, « Sodni register» and «obrtni register»,

    - for Slovakia, «Obchodný register»,

    - for Finland, «Kaupparekisteri»/«Handelregistret»,

    - for Sweden, «aktiebolags-, handels — eller föreningsregistren».

  • Annex II.12 Qualification system and requirements for work executors.

    (Articles 66, paragraph 2 and 100, paragraph 4)

     

    PART I

    General provisions

     

    Article 1.

    Scope of application.

    1. This annex regulates the qualification system for those carrying out works of an amount equal to or greater than 150,000 euros referred to in article 100, paragraph 4, of the code.

    2. Without prejudice to the provisions of articles 2, paragraph 6, and 3, the qualification certificate issued pursuant to of this annex constitutes a necessary and sufficient condition for demonstrating the existence of the technical and financial capacity requirements for the awarding of public works.

    3. Contracting authorities cannot require competitors to demonstrate qualification with methods, procedures and contents other than those provided for in this Part, as well as in Part III of this annex.

     

    Article 2.

    Categories and rankings.

    1. Economic operators are qualified by categories of general works, by categories of specialized works, as well as for construction-only services, and for design and construction services, and classified, within the categories attributed to them, according to the amounts referred to in the paragraph 4.

    2. Qualification in a category enables the economic operator to participate in tenders and carry out works within the limits of his own classification increased by one fifth; in the case of grouped or consortium companies, the same provision applies with reference to each grouped or consortium company, provided that it is qualified for a classification equal to at least one fifth of the amount of the works based on the tender; in the case of grouped or consortium companies the provision does not apply to the agent for the purposes of achieving the minimum requirement referred to in the article 30, paragraph 2.

    3. The categories are specified in Table A.

    4. The rankings are established according to the following amount levels:

    a) I: up to 258,000 euros;

    b) II: up to 516,000 euros;

    c) III: up to 1,033,000 euros;

    d) III-bis: up to 1,500,000 euros;

    e) IV: up to to 2,582,000 euros;

    f) IV-bis: up to 3,500,000 euros;

    g) V: up to 5,165,000 euros ;

    h) VI: up to 10,329,000 euros;

    i) VII: up to 15,494,000 euros;

    l) VIII: over euros 15,494,000.

    5. The amount of classification VIII (unlimited) for the purposes of meeting the qualification requirements is conventionally established as €20,658,000.

    6. For contracts with a tender amount exceeding 20,658,000 euros, the economic operator, in addition to the qualification achieved in classification VIII, must have achieved, in the five-year period preceding the date of publication of the notice, a turnover, obtained with works carried out through direct and indirect activities, not less than 2.5 times the tender amount; the requirement is proven in accordance with the provisions of article 18, paragraphs 7 and 8, and is subject to verification by the contracting authorities.

     

    Article 3.

    Qualification of economic operators established in states other than Italy.

    i>

    1. For economic operators established in the other States referred to in article 69 of the code, qualification is not a mandatory condition for participation in the tender. These operators qualify for the individual tender by producing documentation compliant with the regulations in force in their respective countries, suitable to demonstrate possession of all the requirements prescribed for the qualification and participation of Italian economic operators in the tenders. Without prejudice to the provisions of article 91, paragraph 3, of the code.

     

    Article 4.

    < i>Company quality system.

    1. For qualification purposes, companies must possess a company quality system compliant with the European standards of the UNI EN ISO 9000 series, excluding classifications I and II.

    2. The certification of the company quality system refers to the management aspects of the company as a whole, with reference to the global categories and classifications.

    3. Possession of company quality certification, issued by accredited certification bodies, pursuant to the European standards of the UNI CEI EN ISO/IEC 17000 series, upon issuing certification in the construction company sector, is certified by the SOA.

    4. The bodies referred to in paragraph 3 are obliged to communicate to ANAC, within five days, the cancellation or forfeiture of the quality certification for the purposes of inclusion in the computer register referred to in article 222, paragraph 10, of the code. In the same term, the same communication is sent to the SOA, which initiates the procedure referred to in article 11 , paragraph 7.

    5. The regularity of the quality certificates must be verified by the SOA through the IT connection with the official lists kept by the bodies participating in the European cooperation for Accreditation (EA) or the International Accreditation Forum (IAF).

     

    PART II

    Authorization of certification bodies

     

    Article 5.

    General requirements and of independence of the SOAs.

    1. Attestation body companies are established in the form of joint-stock companies, whose corporate name must expressly include the term "attestation bodies". The SOAs must be based in a Member State of the European Union which attributes to the certification that they adopt the ability to prove the possession of the qualification requirements of the executor of public works.

    2. The share capital must be at least equal to 1,000,000 euros fully paid up. The net worth, consisting of the total of letter A) of the liabilities of the balance sheet referred to in in article 2424 of the civil code of the last financial statement filed, must be at least equal to the share capital. The financial statements of the SOAs must be certified by the auditing firms, registered in the appropriate register, according to the criteria established by the consolidated text of the provisions on financial intermediation, referred to in Legislative Decree 24 February 1998, n. 58.

    3. The statute must provide as its exclusive object the carrying out of the certification activity according to the rules of this annex and the carrying out of the related technical controls on the company organization and production of construction companies, as well as on their operational and economic-financial capacity. SOAs are prohibited, under penalty of forfeiture of the authorization, from providing services of any nature to economic operators, directly or through associated companies or companies by virtue of contractual relationships.

    4. The composition and organizational structure of the SOAs must ensure, even in the presence of any control or connection situations, that they are identified according to the provisions from article 2359 of the civil code, respect for the principle of independence of judgment and the absence of any commercial or financial interest that could lead to non-impartial or discriminatory behaviour.

    5. SOAs must declare and adequately document, within fifteen days of their occurrence, any circumstances that may imply the presence of interests capable of influencing the independence requirement.

    6. SOAs cannot carry out certification activities:

    a) which are in a state of judicial liquidation, liquidation, composition with creditors, or any other equivalent situation according to current legislation;

    b ) who are subject to proceedings for the declaration of one of these situations;

    c) who are not in compliance with the tax, contribution and welfare obligations provided for by current legislation or have committed serious violations duly ascertained of the rules regarding safety and obligations deriving from employment relationships;

    d) if towards its directors, legal representatives, direct or indirect shareholders, technical directors and personnel referred to in article 8, paragraph 2, a proceeding is pending for the application of one of the prevention measures or one of the impeding causes provided for by the code of anti-mafia laws and prevention measures pursuant to Legislative Decree 6 September 2011, n. exists. 159, or in respect of whom a provision has been issued resulting in the prohibition of contracting with the public administration;

    e) if in respect of its directors, legal representatives, direct or indirect shareholders, directors technicians and personnel referred to in article 8, paragraph 2, a final conviction has been pronounced, or the punishment has been applied upon request pursuant to of article 444 of the code of criminal procedure for any crime that affects moral or professional reliability, or for financial crimes;

    f) if the directors, the legal representatives, the direct or indirect shareholders, the technical directors and the staff referred to in the article 8 , paragraph 2, have been responsible for formally ascertained serious professional error;

    g) if the directors, legal representatives, direct or indirect shareholders, technical directors and personnel referred to in article 8, paragraph 2, have made false declarations or provided false documentation regarding the information requested from them or the absence of situations capable of jeopardizing the requirement of independence or have used the company's documentation with intent or gross negligence, as per Article 18, untrue.

     

    Article 6.

    Controls on SOAs .

    1. For the purposes of control and supervision of the shareholding composition of the SOAs, the persistence of the independence requirement and the absence of the conditions referred to in article 5, paragraph 6, the ANAC may request, indicating the deadline for the response not exceeding ten days, from the same SOAs and from the companies and entities that participate in the relevant share capital, any information regarding the names of the respective shareholders and any situations of control or connection, according to what appears from the shareholders' register, from the communications received and from any other data at their disposal.

    2. The SOAs communicate to the ANAC, within fifteen days of their occurrence, the possible occurrence of facts or circumstances that affect the situations referred to in Article 5, paragraph 6.

     

    Article 7.

    Shareholdings.

    1. The contracting authorities, the granting bodies, the certification bodies and the subjects indicated in article 65 of the code, limited to the subjects admitted to participate in the procedures for the awarding of public contracts relating to works, as well as the regions and autonomous provinces cannot own, in any capacity, directly or indirectly, a stake in the capital of an SOA.

    2. The national trade associations that have signed national collective labor agreements for employees of construction and similar companies or in the sector and the national associations representing contracting authorities may own shares in an SOA up to a maximum overall limit of 20 percent of the share capital, and each of the associations to the maximum extent of 10 percent. In order to guarantee the principle of equal participation of the parties interested in the qualification, participation in the capital by the aforementioned trade associations is permitted if in the same SOA there is equal participation by associations of contracting authorities and vice versa.< /p>

    3. Anyone, for any reason, intends to acquire or sell, directly or indirectly, a shareholding in an SOA, must express this intention to the SOA itself, attaching the documentation required for the issue of the authorization by the ANAC. The SOA, having assessed the existence of the conditions of legitimacy of the share transfer operation, sends the request for authorization for the share transfer to the ANAC. The authorization request is also necessary for share transfers within the existing shareholding structure. Shareholdings transferred through controlled companies pursuant to article 2359 of the civil code are considered to be acquired or sold indirectly. >, trust companies, or in any case through a third party.

    4. The ANAC, within sixty days of communication, may prohibit the transfer of the shareholding when it may influence the correctness of the management of the SOA or may compromise the independence requirement pursuant to article 5, paragraph 4; the passage of the deadline without the ANAC adopting any measure is equivalent to authorization for the operation. In the case of preliminary requests, the deadline remains suspended only once until the relevant fulfillment. The authorization is considered lapsed if the SOA does not send a copy of the updated shareholders' register or the request made by the purchasing or selling shareholder for registration in the shareholders' register of the transfer of shares, within ninety days from the date of communication of the authorization or, in case of lack of express authorization, starting from the date of formation of the silent consent.

    5. Once the transfer of participation has taken place, it is communicated to ANAC and SOA within fifteen days.

    6. The ANAC may deny authorization to the shareholding of the SOA, towards subjects other than those referred to in paragraph 1, when the person holding the shareholding could influence the correct management of the SOA or compromise the independence requirement.

     

    Article 8.

    Technical requirements of SOAs.

    < p>1. The minimum staff of the SOA is made up of:

    a) a technical director with a degree in engineering or architecture, authorized to practice the profession for at least ten years, registered at the time of the award of the position, in the relevant professional register, hired on a permanent and full-time basis, with at least five years' adequate experience in the public works sector gained in a position of managerial responsibility, in the technical control activity of construction sites (organisation, quality, work progress, costs ) or evaluation of the economic-financial capacity of companies in relation to their order portfolio, or in quality certification activities; the same technical director must declare, in the forms required by current laws, that he does not carry out a similar role at other SOAs;

    b) by three graduates, one of whom in engineering or architecture, one in law and one in economy and commerce, hired on a permanent and full-time basis, in possession of at least three years' professional experience relevant to the public works sector;

    c) by six employees, in possession of at least a high school diploma, hired permanent and full-time.

    2. The staff of the SOAs as well as the subjects who carry out administration, management and control functions in the SOAs, as well as the subjects who carry out activities directly or indirectly in the name and on behalf of the SOAs, must possess the moral requirements set out in Article 5, paragraph 6.

    3. Failure to meet the requirements referred to in article 5, paragraph 6, determines the forfeiture of office for subjects who carry out administration, management and control functions in SOAs; it is declared by the SOA corporate bodies within fifteen days of becoming aware of the fact; the SOA, in the following fifteen days from the declaration of forfeiture, informs the ANAC.

    4. The absence of the requirements referred to in article 5, paragraph 6, for the personnel referred to in the paragraph 2, determines the initiation of legal procedures for the termination of the employment relationship. The SOA informs the ANAC within fifteen days of the start of the resolution procedure.

    5. The SOAs must have IT equipment for communicating information to the ANAC.

     

    Article 9.

    Issuance of authorization.

    1. The SOA's carrying out the qualification certification activity pursuant to this title is subject to the authorization of the ANAC.

    2. The SOA presents an application for authorization, accompanied by the following documents:

    a) the deed of incorporation and the company statute;

    b) the list of the shareholder structure and the declaration regarding any situations of control or connection;

    c) the organizational chart of the SOA, including the curriculum of the subjects who are part of it;

    d) the declaration of the legal representative, in the manner and with the forms provided for by current laws, regarding the non-existence of the situations provided for by article 5, paragraph 6 , in the hands of the SOA, its administrators, legal representatives or technical directors and the personnel referred to in the article 8, paragraph 2;

    e) certificate of the criminal record relating to the administrators, legal representatives, technical directors and personnel referred to in article 8, paragraph 2;

    f) a document containing the description of the procedures which, in accordance with what is established by the ANAC, will be used for the exercise of the certification activity;

    g) an insurance policy stipulated with an insurance company authorized to cover the risk to which the obligation refers, for the coverage of liabilities resulting from the activity carried out, with a maximum limit not less than six times the expected turnover.

    3. For investigative purposes, the ANAC may request further information and additions to the documentation provided by the requesting SOA, and concludes the procedure within sixty days of receiving the request. The time necessary for ANAC to acquire the requested additions is not included in the deadline.

    4. The refusal of authorization does not prevent the submission of a new application.

     

    Article 10.

    List of SOAs and lists of operators qualified economic.

    1. The ANAC enters the companies authorized to carry out certification activities in a special list and ensures their publicity.

    2. The ANAC, on the basis of the certifications transmitted by the SOA pursuant to article 11, paragraph 6, takes care the formation on a regional basis, with reference to the registered office of the qualified entities, of lists of economic operators who have obtained the qualification pursuant to article 100, paragraph 4, of the code. These lists are made public through the ANAC.

     

    Article 11.

    SOA qualification and organization activities – Tariffs.

    1. In carrying out their activities, SOAs must:

    a) operate with diligence, correctness and transparency, in compliance with the general principles of the code;

    b) acquire the necessary information from the subjects to be qualify and operate in such a way as to ensure adequate information;

    c) act in such a way as to guarantee impartiality and fair treatment;

    d) ensure and maintain the independence required by the provisions of the code and from this annex;

    e) have resources and procedures, including internal control, suitable to ensure efficiency and correctness;

    f) verify the truthfulness and substance of the declarations, certifications and documentation, referred to in article 18, presented by the subjects to whom the certificate is issued, as well as the continued possession of the requirements referred to in article 18, paragraph 1;

    g) issue the qualification certificate in accordance with the documentation produced by the economic operator and verified pursuant to letter f).

    2. In carrying out their qualification assessment and verification activities, the SOAs acquire economic-financial data, such as balance sheets as well as information on organizational changes and transformations of the legal nature of economic operators, also from the chamber of commerce database , industry, craftsmanship and agriculture.

    3. To carry out their institutional activities, SOAs cannot resort to the services of subjects external to their corporate organisation. The SOAs are in any case responsible for every activity carried out directly and indirectly in the name and on their behalf.

    4. Each certification of qualification or its renewal as well as all additional audit or variation activities are subject to the payment of a specific fee, in relation to the overall amount and the number of general or specialized categories for which qualification is required, according to the formulas referred to in Table B - Part I. For stable consortia, the fee due to the SOA for each activity is reduced by 50 percent; for companies qualified up to the second classification of amount, the fee due to the SOA for each activity is reduced by 20 percent.

    5. The amounts determined pursuant to paragraph 4 are considered minimum consideration for the service rendered. The payment of a fee greater than double that determined with the criteria referred to in paragraph 4 cannot be expected. Any agreement to the contrary is null and void. The fee must be paid in full before the certification, revision or variation is issued; Extensions of no more than six months are permitted, where, at the time of issuing the certificate, the authorization to debit the entire amount from the bank account (RID) has been arranged and communicated to the SOA.

    6 . The SOAs transmit the certificates to ANAC within fifteen days of their issue according to the methods established in the provisions of ANAC itself.

    7. The SOAs communicate to the ANAC, within ten days, the start of the procedure to ascertain the possession of the requirements for the companies as well as the related outcome.

     

    Article 12.

    < p>Supervision by ANAC.

    1. The ANAC, pursuant to article 222, paragraph 3, letter f), of the code, supervises the qualification system, and to this end, also carrying out inspections, even without notice, or requesting any document deemed necessary, checks that the SOAs:

    a) operate according to the procedures, including internal control, presented when requesting authorization and approved by the ANAC itself;

    b) have a behavior that eliminates any possibility of conflicts of interest;

    c) issue the certificates in full compliance with the requirements established by article 4 and Part III;

    d) apply the tariffs referred to in Table B - Part I;

    e) carry out their activities in accordance with the provisions of the 'article 11.

    2. The supervisory and control powers of the ANAC, for the purposes of the provisions of paragraph 1, are also exercised upon the motivated and documented request of an economic operator or of an SOA or of a contracting authority or granting body. Upon the request for verification, the ANAC, having made the necessary checks also through its own offices and having consulted the company subjected to verification, shall proceed within sixty days in the manner and with the effects provided for in paragraph 3.

    3. The ANAC, having consulted the SOA and the economic operator whose certification is concerned, as well as the requesting party referred to in paragraph 2, in the case of a request for verification, having acquired the necessary information, shall inform the SOA within sixty days of any conditions to be observed in the execution of the stipulated contract, or to ask the SOA to suspend or cancel the certification, assigning the SOA a suitable deadline, not less than fifteen days. Failure by the SOA to comply with the ANAC's indications constitutes conduct that can be assessed pursuant to article 13, paragraph 5, letter a). If the SOA does not suspend or cancel the certification within the assigned deadline, the ANAC, after notifying the SOA and the company concerned of the initiation of the procedure where no urgency reasons preclude it, will automatically suspend or cancel the certification. cancellation, promptly notifying the SOA and the company concerned.

    4. ANAC periodically carries out random checks on a number of certificates issued by the SOAs, established from year to year by ANAC itself.

    5. The ANAC controls the decisions taken by the SOAs regarding the contracts stipulated by the companies to obtain the certification if the companies involved request it within thirty days from the date of actual knowledge of the decisions themselves.

     

    Article 13.

    Sanctions against SOAs.

    1. The pecuniary administrative sanction provided for by article 222, paragraph 3, letter a), of the code, up to a maximum of 25,000 euros, is applied to SOAs in the event of:

    a) failure to respond to the requests of the 'ANAC pursuant to articles 6, paragraph 1, and 7, paragraph 4, within the deadline indicated by the ANAC itself;

    b) failure to communicate pursuant to articles 5, paragraph 5 , 6, paragraph 2, 8, paragraphs 3 and 4, 11, paragraph 7, 14, paragraph 4, and 21, paragraph 6, within the terms provided therein;

    c) violation of the obligations of communication and transmission of the documentation referred to in paragraph 9;

    d) violation of the further communication obligations imposed by the provisions of the ANAC.

    2. The pecuniary administrative sanction provided for by article 222, paragraph 3, letter a) of the code is applied to SOAs, up to a maximum of 50,000 euros in the event of:

    a) transmission of information, data or untruthful documents, including the documents provided by the company during the certification;

    b) carrying out the SOA's activity in a manner that does not comply with the provisions of the article 11, paragraphs 1 and 2, and the procedures contained in the document referred to in article 9, paragraph 2, letter f);

    c) failure to comply with the conditions set out in article 12, paragraph 1;

    d) sending inaccurate or untruthful communications, or transmission of inaccurate or untruthful documentation, in relation to the obligations referred to in paragraph 9;

    e) failure to comply with the provisions of article 17, paragraph 3;

    f) failure to comply with the provisions of article 21, paragraph 7;

    g) failure to comply with the obligations of inclusion in the computer register established by ANAC pursuant to article 222, paragraph 10, of the code.

    3. In addition to the pecuniary sanction, in the event of violations committed, according to the ANAC's assessment, with willful misconduct or gross negligence, the sanction of suspension is applied:

    a) for a period of up to one hundred and twenty days, in the event of multiple violations referred to in paragraph 1, or a new violation referred to in paragraph 1 after a previous sanction;

    b) for a period of up to two hundred and forty days, in the case of multiple violations referred to in paragraphs 1 and 2, or of a new violation of paragraph 2 after a previous sanction for violations referred to in paragraph 1, or vice versa;

    c) for a period of up to one year, in the case of multiple violations of referred to in paragraph 2, or of a new violation referred to in paragraph 2 after a previous sanction.

    4. The forfeiture sanction is applied in the event of a new violation after a previous suspension, if the suspension period to be imposed for the new violation, cumulated with the previous one, is equal to or greater than three hundred and sixty days, as well as in the case of a new violation after four sanctions which have resulted in suspension for a total period exceeding one hundred and twenty days.

    5. The authorization is forfeited, in addition to the cases referred to in paragraph 4, in the event of:

    a) failure to meet the requirements and conditions referred to in articles 5, 6 , 7, 8 and 11, paragraph 3;

    b) failure to begin corporate activity within one hundred and eighty days of authorization;

    c) interruption of activity for more than one hundred and eighty days;

    d) failure to comply with the provisions referred to in paragraph 9, first sentence;

    e) failure to comply with the provisions given with the suspension provision referred to in paragraph 3;

    < p>f) failure to comply with the provisions of article 23, paragraphs 1 and 2.

    6. The procedure for the imposition of the sanctions referred to in paragraphs 1, 2 and 3, and the forfeiture procedure referred to in paragraph 4, is started automatically by the ANAC, when it becomes aware of the existence, also following a complaint of interested third parties, of the occurrence of one of the circumstances referred to in paragraphs 1 to 4. To this end, ANAC contests the charges against the SOA, inviting it to present its counterarguments and any documentation within a peremptory deadline not exceeding thirty days, and adopts the relevant provision within the following ninety days.

    7.The ANAC may arrange for all necessary hearings and documentary acquisitions; the hearings are carried out in cross-examination with the SOA concerned and the documentary acquisitions are communicated to it, with the assignment of a term of no less than thirty and no more than sixty days for counterarguments and documents; the term

  • Annex II.13 Certifications or brands relevant for the purposes of reducing the guarantee.

    (Article 106, paragraph 8)

     

    < td width="8%">

    Process

    < td width="18%">

    UNI CEI ISO/IEC20000-1

    < td width="9%">

    to be introduced

    < td width="9%">

    to be introduced

    < tr> < td width="8%">

    Process

    < td width="18%">

    UNI EN ISO 18295-1 and

    UNI EN ISO 18295-2

    NORM< /p>

    Certifications and brands relevant for the purposes of reducing the warranty

    Accredia database

    OBJECT

    Latest version

    Type

    Action

    SA 8000

    social accountability 8000 certification

    2014

    Process

    already present

    UNI CEI EN ISO 50001

    Energy management systems - Requirements and guidelines for use

    2018

    Process

    already present

    ISO/IEC 27001:2013

    UNI CEI EN ISO/IEC

    27001:2017

    ISO/IEC 27001:2022

    Information Security Management Systems

    NB: Companies certified in accordance with ISO/IEC 27001:2013 have three years from the publication of ISO/IEC 27001:2022 (24/10/ 2022) to make the transition.

    2022

    Process

    already present

    UNI EN ISO 14001

    Environmental management systems

    2015

    Process

    already present

    UNI EN ISO 9001

    Quality management systems

    2015

    Process

    already present

    UNI ISO 45001< /p>

    Occupational health and safety management systems

    2018

    Process

    already present

    UNI/PdR 125

    Certification of the management system for gender equality within organizations

    2022

    Process

    already present

    Ecolabel

    European Union Ecolabel Regulation (EC) No. 66/2010 of the European Parliament and of the Council of 25 November 2009

    2009

    Product

    already present

    EMAS

    Registration in the community eco-management and audit scheme EMAS – Regulation (EC) no. 1221/2009 of the European Parliament and of the Council of 25 November 2009

    2009

    Product

    already present

    UNI CEI 11352

    Requirements for companies providing energy services (ESCo)

    2014

    Product

    already present

    UNI EN ISO 14064-1

    < /td>

    Greenhouse gases

    2019

    < /td>

    Product

    already present

    UNI EN ISO/TS 14067

    Greenhouse gases - Climate footprint of products (Carbon footprint)

    2018

    Product

    already present

     

    Further certifications issued on the basis of national standards already included in existing legislation

     

     

    already present

     

    Legality rating

     

    < p> 

    already present

     

    Company rating

     

     

    already present

     

    Organizational model certification pursuant to the decree legislative 8 June 2001, n. 231

     

     

    < /td>

    already present

    ISO/IEC 27035-1

    Security techniques - Information security incident management

    2016

    Process

    to be introduced

    ISO/IEC 27701

    Security techniques - Extension to IS0/IEC 27001 and IS0/IEC 27002 for privacy information management

    2019

    Process

    < p>to be introduced

    UNI ISO 37301

    Compliance management systems

    2021

    Process

    to be introduced

    DM 2020/188

    DM 2020/188 - Certification according to the decree of the Minister of the Environment and Land Protection and of the sea 22 September 2020, n. 188, containing “Regulation governing the cessation of the classification of paper and cardboard as waste, pursuant to article 184-ter, paragraph 2, of the legislative decree of 3 April 2006, n. 152”

    2020

    Process< /p>

    to be introduced

    ISO 28000

    Management systems for safety in the supply chain

    2022

    Process

    to be introduced< /p>

    ISO 55001

    Asset management - Management systems - Requirements

    2015

    to be introduced

    IT service management systems

    2020

    Process

    to be introduced

    ISO/IEC 27018

    Information Technology - Security Techniques - Code of Practice for Protecting Personally Identifiable Information (PII) in Public Clouds Acting as PII Processors

    2020

    Process

    ISO/IEC 27017

    Information technology - Security techniques - Code of practice for information security controls based on ISO / IEC 27002 for cloud services

    2021

    Process

    to be introduced

    UNI CEI EN ISO

    13485:2016

    Medical devices - Quality management systems - Requirements for regulatory purposes

    2022

    Process

    UNI EN 9100

    Quality Management Systems - Requirements for Aeronautics, Space and Defense Organizations

    2018

    Process

    to be introduced

    UNI EN 9110

    < p>Quality Management Systems - Requirements for Air Force Maintenance Organizations

    2018

    Process

    to be introduced

    UNI EN 9120

    Quality management systems - Requirements for distributors in the aeronautics, space and defense

    2018

    Process

    to be introduced

    UNI EN ISO 22000

    Food safety management systems

    2018

    Process

    to be introduced

    UNI EN ISO 22301

    Certification of business continuity management systems

    2019

    Process

    to be introduced

    UNI ISO 20121

    Certification of sustainable event management systems

    2013

    Process

    to be introduced

    UNI ISO 37001

    Management systems for the prevention of corruption

    2016

    Process

    to be introduced

    UNI ISO 39001

    UNI ISO 39001 - Management systems for road safety

    2016

    Process

    to be introduced

    UNI 11871

    Professional firms of lawyers and chartered accountants - Organizational principles and management of risks associated with the exercise

    2022

    Process

    to be introduced

    UNI/PdR 74

    BIM Management System

    2019

    Process

    to be introduced

    UNI ISO 21001

    Management systems for education and training organisations

    2019

    Process

    to be introduced

    Recycled content

    Recycled content - ReMade in Italy

    2020

    to be introduced

    Call Center - Requirements for Customer Contact Centers or users of CCC services

    2017

    Product

    to be introduced

    UNI/PdR 43-2

    GDPR- Requirements for the protection of personal data in the ICT field Guidelines for the management of personal data in the ICT field according to EU Regulation 679/2016 of the European Parliament and of the Council of 27 April 2016 (GDPR)

    2018

    Product

    to be introduced

    UNI/PdR 88

    Verification of recycled or recovered or by-product content

    2020

    Product

    to be introduced

     

  • Annex II.14 Management of the works and management of the execution of the contracts. Method of carrying out the activities of the executive phase. Testing and verification of conformity.

    (Article 114, paragraph 5)

     

    CHAPTER I

    ON THE EXECUTION OF WORK CONTRACTS

     

    Section I

    Work management

     

    Article 1.

    Activities and duties of the project manager.

    i>

    1. In the execution of contracts, the works manager operates in full autonomy and in compliance with the service provisions given by the sole project manager (RUP), evaluating and taking care of the technical, accounting and administrative profiles in the exclusive interest of efficient and prompt execution of the intervention. In the exercise of the assigned functions, the works manager assumes responsibility for the coordination and supervision of the activities of the entire works management office and communicates exclusively with the executor regarding the technical and economic aspects of the contract.

    2. The following tasks are assigned to the works manager:

    a) issue, before starting the procedure for choosing the contractor, a certificate to the RUP, possibly updated upon request of the latter, on the status of the places with reference to the accessibility of the areas and buildings affected by the works according to the indications resulting from the project documents;

    b) issue, before starting the procedure for choosing the contractor, a certificate to the RUP, possibly updated upon request of the latter, on the state of the sites with reference to the absence of impediments to the feasibility of the project which emerged from the checks conducted prior to the approval of the same project;

    c) ensure delivery of the works pursuant to article 3;

    d) accept the materials and components used and, if necessary, issue a reasoned refusal pursuant to article 4;

    e ) impart to the executor the provisions and instructions relating to the technical and economic aspects of the management of the contract, issuing service orders for this purpose which must be communicated to the RUP and which must contain a summary justification of the technical reasons and the objectives pursued. Service orders are normally noted in accounting documents using electronic accounting or simplified accounting tools and must in any case be in written form only in cases where the means necessary to achieve complete digitalisation aimed at technical control are not yet temporarily available, administrative and accounting of the works;

    f) ensure that current legislation regarding the filing of structural construction projects has been applied and that the necessary authorization has been issued in the event of interventions in areas subject to seismic risk;

    g) ensure that the technical documents, site or laboratory tests and certifications based on product life cycle analysis (LCA) relating to materials, processes and plant equipment meet the requirements set out in the plan of national action for the environmental sustainability of public administration consumption;

    h) periodically verify the possession and regularity, by the executor and the subcontractor, of the documentation required by the laws in force regarding obligations towards employees;

    i) monitor and verify compliance with the execution times of the works indicated in the timetable attached to the executive project and subsequently detailed in the work execution programme. When using the methods and tools referred to in Article 43 of the Code and in Annex I.9 to the Code, the construction management uses digital construction information management methods;

    l) arrange all the checks and tests required by the current national and European standards, by the national action plan for the environmental sustainability of public administration consumption and by the special tender specifications, drawing up, in case of assessment, specific report to be sent to the RUP. When using the methods and tools referred to in Article 43 of the code and in Annex I.9 to the code, the director of works can make use of digital information management methods for the preparation of the aforementioned report;

    < p>m) verify, also with the help of the management office, the presence on the construction site of authorized subcontractors, as well as subcontractors, ensuring the effective performance of the part of the services entrusted to them in compliance with current legislation and the contract stipulated, recording the relevant and possible disputes of the executor on the regularity of the works carried out under subcontracting and noting any non-compliance by the latter with the relevant provisions, arranging, in this case, to report it to the RUP;

    n) assist the RUP in carrying out activities to verify the technical capacity requirements foreseen in the event of recourse to the institution of availment by the executor;

    o) monitor the development of the works and promptly issue the necessary instructions for their execution within the limits of the authorized times and sums. This activity includes periodic visits to the construction site during the period of suspension of works to ascertain the conditions of the works and the possible presence of manpower and machinery and to give the necessary instructions to contain machinery and manpower to the extent strictly necessary to avoid damage to works already carried out and to facilitate the resumption of works;

    p) compile reports, to be sent to the RUP, in the event that injuries to persons or damage to property occur during the execution of the works and draw up a report in the presence of the executor in the event of damage caused by force majeure, in order to determine any compensation to which the latter may be entitled;

    q ) provide the RUP with the investigative and consultative assistance necessary for the assessments aimed at adopting contractual modifications, variations and variants, without prejudice to the possibility of making detailed changes that do not lead to an increase or decrease in the contractual amount, communicating them in advance to the RUP;

    r) determine in consultation with the executor the new prices of the work and materials not foreseen in the contract;

    s) release the statuses progress of the works within the deadline set in the tender documentation and in the contract, for the purposes of issuing certificates for the payment of advances by the RUP;

    t) proceed, in cross-examination with the executor, to verify the state of consistency of the works and issue the certificate of completion of the works to be sent to the RUP, who issues a certified copy to the executor. This certificate constitutes the title both for the application of the penalties provided for in the contract for the case of delayed execution and for the assignment of a peremptory deadline for the execution of small-scale works which do not affect the use and functionality of the works. >;

    u) ensure constant verification of the validity of the maintenance program, user manuals and maintenance manuals, modifying and updating their contents once the work is completed. When using the methods and tools referred to in article 43 of the code and in annex I.9 to the code, the works manager ensures correlation with the information models produced or updated during the execution of the works up to testing ;

    v) manage disputes on technical aspects and reservations, adhering to the relevant regulations established by the contracting authority and reported in the tender specifications;

    z) provide clarifications, explanations and documents to the testing body, assisting the latter in carrying out the operations and approving, after examination, the program of testing and commissioning tests of the systems;

    aa) when the methods and the tools referred to in Article 43 of the code and in Annex I.9 to the code, the coordinator of the information flows, referred to in the same Annex, ensures that they are used in an interoperable manner with the tools relating to the computerization of the management of job accounting. The works manager can also use tools for collecting and recording relevant data in a structured and interoperable way with digital information management.

    3. It is the responsibility of the works manager to control the expenditure linked to the execution of the work or works, through the precise and timely compilation of the accounting documents, which are public documents for all legal purposes, with which the assessment is carried out and the recording of expense-producing events. To this end, it provides for classifying and measuring the work carried out, as well as transferring the findings made to the accounting register and for the consequent calculation operations that allow the progress of expenditure to be identified. According to the principle of constant progression of accounting, the aforementioned activities of ascertaining the facts producing expenses must be carried out at the same time as they occur and, therefore, must proceed hand in hand with the execution. The works manager ensures the verification and recording of all expense-producing events at the same time as they occur.

     

    Article 2.

    Work management office.

    1. In relation to the complexity of the intervention and in support of the works director, the contracting authority may establish a works management office made up of one or more operational directors and site inspectors, and possibly professional figures competent in IT matters.

    2. The assistants acting as operational managers collaborate with the works manager in verifying that the processing of individual parts of the works to be carried out are carried out regularly and in compliance with the contractual clauses. These assistants report for their activities directly to the project manager. The operations managers may be entrusted by the director of works, among others, with the following tasks:

    a) verify that the executor carries out all the legal procedures relating to the reporting of the calculations of the structures;

    b) plan and coordinate the activities of the works inspector;

    c) take care of updating the general and detailed timetable of the works and promptly report any discrepancies with respect to the forecasts to the works director contractual by proposing the necessary corrective interventions;

    d) assist the project manager in identifying the interventions necessary to eliminate design or executive defects;

    e) identify and analyze the causes that negatively affect the quality of the works, proposing the appropriate corrective actions to the project manager;

    f) assisting the testers in carrying out the testing operations;

    g) examining and approving the program of the testing and commissioning of the systems;

    h) assume the direction of specialized processes.

    3. The assistants acting as site inspectors collaborate with the works manager in supervising the works in compliance with the requirements established in the special tender specifications. The position of inspector is held by a single person who carries out his activity in one work shift. These assistants are present full time during the period of carrying out work that requires daily monitoring, as well as during the testing phases and any maintenance. These assistants report for their activities directly to the project manager. Assistants with the function of site inspectors may be entrusted, among others, with the following tasks:

    a) the verification of the documents accompanying the supplies of materials to ensure that they comply with the requirements and approved by the structures of the supplier's quality control;

    b) verification, before implementation, that the materials, equipment and systems have passed the testing phases prescribed by the quality control or by the regulations in force or from the contractual provisions according to which they were built;

    c) control over the activity of subcontractors;

    d) control over the regular execution of the works with regard to the drawings and specifications contractual techniques;

    e) assistance with laboratory tests;

    f) assistance with testing of works and commissioning and acceptance tests of systems;

    p>

    g) the preparation of the accounting documents and the execution of the measurements when they have been assigned by the director of the works;

    h) assistance to the coordinator for the execution.

    4. When the methods and tools referred to in article 43 of the code and in annex I.9 to the code are used, an information flow coordinator is appointed within the works management office. This role can be carried out by the works manager or by an operational director already in charge, if in possession of adequate skills.

     

    < p align="center">Section II

    Execution in the strict sense

      ;

    Article 3.

    Delivery of works.

    1. The director of works, following the instructions of the RUP, ensures the delivery of the works, for state administrations, no later than forty-five days from the date of registration with the Court of Auditors of the decree approving the contract, and no later than forty-five days from the date of approval of the contract when registration by the Court of Auditors is not required by law; for other contracting authorities the period of forty-five days starts from the date of signature of the contract.

    2. The works manager gives adequate notice to the executor of the day and place where he must appear, equipped with suitable personnel, as well as the equipment and materials necessary to carry out, where necessary, the tracing of the works according to the plans, profiles and project drawings. Upon completion of the work delivery operations, the works manager and the executor sign the relevant report and the deadline for completing the work begins from that date. The works manager sends the delivery report signed by the parties to the RUP. The executor is responsible for the costs relating to delivery, verification and completion of the tracking that has already been carried out by the contracting authority.

    3. If the executor does not show up, without justified reason, on the day set by the works manager for delivery, the contracting authority has the right to terminate the contract and forfeit the deposit, or to set a new date for delivery, without prejudice without prejudice to the contractual term starting from the date of the first call.

    4. If delivery is delayed for reasons attributable to the contracting authority, the executor may request to withdraw from the contract. If the request for withdrawal is accepted, the executor is entitled to reimbursement of the contractual expenses actually incurred and documented, but to an extent not exceeding the limits indicated in paragraphs 12 and 13. If the executor's request is not accepted and proceeds late with delivery, the same is entitled to compensation for the increased costs resulting from the delay, the calculation methods of which are established by paragraph 14.

    5. The contracting authority indicates in the tender specifications any cases in which it has the right not to accept the executor's request for withdrawal.

    6. If, once delivery has begun, it is suspended by the contracting authority for reasons other than force majeure, the suspension cannot last more than sixty days. If this deadline has passed unnecessarily, the provisions of paragraphs 4 and 5 shall apply.

    7. In the cases envisaged by paragraphs 4, 5 and 6, the RUP has the obligation to inform the ANAC.

    8. The works manager is responsible for ensuring that the work delivery report corresponds to the actual state of the sites. The delivery report must be drawn up in consultation with the executor and must contain:

    a) the recognized local special conditions and circumstances and the operations performed, such as tracking, measurement assessments, placements of templates and cornerstones;

    b) the indication of the areas, the premises, the conditions of availability of the work vehicles for the execution of the executor's works, as well as the location and capacity of the quarries and landfills granted or in any case available to the executor himself;

    c) the declaration that the area on which the works must be carried out is free from people and things and, in any case, that the state current situation is such that it does not prevent the start and continuation of the works.

    9. The works manager provides for the partial delivery of the works in the event that the special tender specifications provide for it in relation to the nature of the works to be carried out or in cases of temporary unavailability of the areas and buildings. In the case of partial delivery resulting from the temporary unavailability of the areas and buildings, the executor is required to present, under penalty of forfeiture of the possibility of registering reserves for delays, an execution program of the works which provides for the priority implementation of the works on the areas and on available properties. Once the works foreseen by the program have been carried out, if the causes of unavailability remain, the regulations relating to the suspension of the works will apply. In cases of partial delivery, the delivery date for all legal purposes is that of the last partial delivery report drawn up by the works manager. When the works manager provides for emergency delivery, the delivery report also indicates the work that the executor must immediately carry out, including temporary works.

    10. In the event that differences are found between the local conditions and the executive project, the delivery does not take place and the works manager immediately reports to the RUP, indicating the causes and importance of the differences found compared to the checks carried out during the drafting of the executive project and subsequent checks, proposing the measures to be adopted.

    11. Without prejudice to the profiles of administrative-accounting responsibility towards the contracting station of the director of works for the case of delay in delivery for reasons attributable to the same, such delay can be assessed by the contracting station for the purposes of performance, in the case of internal personnel of the itself; in the event of assignment of the task to an external party, the consequences for the latter for late delivery are regulated at the time of assignment.

    12. In the event that the executor's request for withdrawal from the contract is accepted due to a delay in the delivery of the works attributable to a cause attributable to the contracting authority, the executor has the right to reimbursement of the contractual expenses actually incurred and documented, within the limits of what is established in the specifications of the contract and, in any case, to an extent not exceeding the following percentages, calculated on the net amount of the contract:

    a) 1.00 percent for the part of the amount up to 258,000 euros;< /p>

    b) 0.50 percent for the excess up to 1,549,000 euros;

    c) 0.20 percent for the portion exceeding 1,549,000 euros.

    c) 0.20 percent for the portion exceeding 1,549,000 euros.

    c) p>

    13. In the case of a design and execution contract, the executor is also entitled to reimbursement of expenses, in the amount quantified in the tender documents and minus the discount offered, of the design levels drawn up by the same and approved by the contracting authority; with payment, ownership of the project is acquired by the contracting authority.

    14. In the cases provided for in paragraphs 12 and 13, where the executor's request is not accepted and the delivery proceeds late, the executor is entitled to compensation for damages resulting from the delay, equal to the legal interest calculated on the amount corresponding to the average daily production foreseen by the timetable in the delay period, calculated from the day of notification of the withdrawal request until the date of actual delivery of the works. In addition to the sums expressly provided for in paragraphs 12 and 13, no other compensation or compensation is due to the executor. The request for payment of the amounts due pursuant to paragraphs 12 and 13, duly quantified, is forwarded under penalty of forfeiture within sixty days from the date of receipt of the communication of acceptance of the withdrawal request; the request for payment of the amounts due pursuant to the first period is formulated under penalty of forfeiture by means of a reserve to be entered in the delivery report of the works and to be confirmed, duly quantified, in the accounting register.

    15. In the case of one executor taking over from another in the execution of the contract, the works manager draws up a specific report in consultation with both executors to ascertain the consistency of the materials, work tools and anything else the new executor must assume from the previous one, and to indicate the indemnities to be paid. If the executor replaced in the execution of the contract does not participate in the delivery operations, or refuses to sign the minutes, the checks are made in the presence of two witnesses and the related minutes are signed by them together with the new executor. If the deadline for delivery of the works assigned by the works manager to the new executor has passed unnecessarily and without justified reason, the contracting authority has the right to terminate the contract and forfeit the deposit.

    < b> 

    Article 4.

    Acceptance of materials.

    1. The works manager refuses at any time the materials and components which deteriorate after being introduced onto the construction site or which for any reason do not comply with the technical, national or European Union regulations, with the technical characteristics indicated in the documents attached to the contract, with obligation for the executor to remove them from the construction site and replace them with others at his expense; in this case the refusal is transcribed in the work journal or, in any case, in the first useful accounting document. If the executor does not carry out the removal within the deadline prescribed by the director of works, the contracting authority may take care of it directly at the executor's expense, who will also be responsible for any costs or damages that may arise as a result of the removal carried out automatically. The materials and components are put into operation only after acceptance by the project manager. The definitive acceptance of the materials and components occurs only after their installation. Even after acceptance and installation of the materials and components by the contractor, the rights and powers of the contracting authority during testing remain unaffected. The use by the executor and on his own initiative of materials or components with characteristics superior to those prescribed in the contractual documents, or the execution of more accurate workmanship, is not relevant. When using the methods and tools referred to in article 43 of the code and in annex I.9 to the code, the works manager can make use of IT tools for recording the checks carried out which are interoperable with the information models.

    2. The materials and artefacts brought into the accounts remain at the risk and peril of the executor and are rejected by the director of works in the event that the latter ascertains their execution without the necessary diligence or with materials other than those contractually prescribed or which, after their acceptance and implementation have revealed defects or inadequacies. The refusal is transcribed in the work journal or, in any case, in the first useful accounting document, within fifteen days of discovering the non-compliance with the technical, national or European Union regulations, the project or the contract of the material used or the manufactured product.

    3. The director of works or the testing body arranges further tests or analyzes than those required by law or by the special tender specifications aimed at establishing the suitability of the materials or components and deemed necessary by the contracting authority, with expenses borne by of the performer.

    4. The materials included in the project are sampled and subjected to approval by the project manager, complete with the reference technical data sheets and all the certifications capable of justifying their performance, well in advance of implementation.

    5. The works manager also verifies compliance with the regulations on environmental sustainability, including the methods implemented by the executor regarding the reuse of excavation materials and recycling within the same construction site boundary.

     

    Article 5.

    Modifications, variations and contractual variants.

    1. The director of works provides the RUP with the necessary assistance for the checks regarding the existence of the conditions referred to in article 120 of the code and proposes to the RUP the modifications, as well as the variants of the contracts being executed and related variant assessments, indicating the reasons.

    2. With reference to the cases indicated by article 120, paragraph 1, letter c), of the code, the director of works describes the factual situation for the purposes of ascertaining by the RUP that it is not attributable to the contracting station, its non-predictability at the time of drafting the project or delivery of the works and the reasons why the change is necessary.

    3. In all cases in which changes to the project are necessary, also pursuant to Article 120, paragraph 7 of the code, the works manager, having obtained the designer's opinion, draws up a reasoned report containing the prerequisites for the modification, on the validity of which the RUP expresses its opinion in order to submit it for approval by the contracting authority. Any costs for planning the changes must be accommodated within the invariance of the economic framework.

    4. The works manager is responsible for the consequences deriving from having ordered or allowed modifications or additions to the project to be carried out, without having obtained proper authorization, provided that they do not derive from interventions aimed at avoiding serious damage to people or things or to goods subject to legislation on cultural and environmental assets or in any case property of the contracting authorities.

    5. In the event of changes to the project not ordered by the director of works, the latter will provide the executor with instructions for restoring the project to pristine condition with expenses borne by the executor himself.

    6. In the case referred to in Article 120, paragraph 9 of the code, the executor cannot assert the right to terminate the contract and the supplementary appraisal is accompanied by an act of submission that the executor is required to sign as a sign of acceptance or reasoned dissent. In the event that the contracting authority orders decreases within the limit of one fifth of the contract amount, it must communicate this to the executor promptly and in any case before reaching the fourth fifth of the contract amount; in this case nothing is due to the executor as compensation. For the purposes of determining the fifth, the amount of the contract is made up of the sum resulting from the original contract, increased by the amount of the submission deeds and additional deeds for variations already occurred, as well as the amount of the amounts, other than those to compensation, possibly recognized to the executor pursuant to articles 212 and 213 of the code.

    7. The variations are evaluated on the basis of the contract prices, but if they involve unforeseen categories of work or it is necessary to use materials for which the contract price has not been set, new prices are created. The new prices of the processes or materials are evaluated:

    a) deriving them from the price lists referred to in article 41 of the code, where existing;

    b) deriving them totally or partially from new analyzes carried out with reference to the elementary prices of labour, materials, freight and transport on the date of formulation of the offer, through a discussion between the director of works and the executor, and approved by the RUP.

    8. If the calculations carried out pursuant to paragraph 7 show greater expenses than the sums foreseen in the economic framework, the prices, before being admitted into the accounting of the works, are approved by the contracting authority, upon proposal of the RUP. If the executor does not accept the new prices thus determined and approved, the contracting authority may order him to carry out the work or supply the materials on the basis of said prices, however admitted in the accounting; where the executor does not enter a reservation in the accounting documents, the prices are considered definitively accepted.

    9. The works manager may order detailed changes that do not lead to an increase or decrease in the contractual amount, communicating them in advance to the RUP.

    10. The director of the works, within ten days of the executor's proposal, drawn up in the form of a technical appraisal also accompanied by the elements of economic evaluation, of improvement variations of his exclusive conception and which lead to a decrease in the original amount of the works, transmits the same to the RUP together with its opinion. Modifications aimed at improving the functional aspects, as well as individual technological elements or individual components of the project, which do not entail a reduction in the qualitative and quantitative performances established in the project itself and which keep the execution time of the works and the conditions unchanged, may be the subject of a proposal. of worker safety. The improvement variations, proposed in compliance with the provisions of article 120 of the code, do not substantially alter the project or the categories of work.

    11. The contracting authority communicates to ANAC the modifications to the contract referred to in article 120, paragraphs 1, letter b), and 3, of the code, within thirty days of their completion. The Authority publishes on the Transparent Administration section of the website the list of contractual modifications communicated, indicating the work, the administration or contracting body, the successful tenderer, the designer, the value of the modification.

    12. For public contracts of an amount equal to or greater than the threshold of European relevance, variations during construction of an amount exceeding 10 percent of the original amount of the contract, including variations during construction referring to priority infrastructures, are transmitted by the RUP to the ANAC, together with the executive project, the validation document and a specific report by the RUP, within thirty days of approval by the contracting authority.

     

    Article 6.

    Assignments of credits.

    1 . For the purposes of enforceability against contracting authorities, credit assignments must be stipulated through a public deed or authenticated private agreement and must be notified to the debtor administrations.

    2. Without prejudice to compliance with traceability obligations, the transfers of credits from contract, concession and design competition fees are effective and enforceable against contracting authorities which are public administrations if they do not refuse them with communication to be notified

  • Annex II.15 Criteria for determining costs for laboratory tests and technical checks.

    (Article 116, paragraph 11)

     

    Article 1.

    Definitions

    1. Pursuant to and for the purposes of article 116, paragraph 11, of the code and of this annex, the following is meant:

    a) «price», the sum of the primary elements that determine the overall cost of the technical service concerning the laboratory checks and mandatory technical checks inherent to the activities referred to in the same article 116, paragraph 11, of the code or specifically provided for by the special works tender specifications, not subject to a reduction which guarantees a minimum quality level of the performance;

    b) «primary elements», partial elements that constitute the components of the minimum price;

    c) «laboratories», official or authorized laboratories referred to in article 59 of the consolidated text of legislative and regulatory provisions on construction, referred to in the decree of the President of the Republic of 6 June 2001, n. 380.

     

    Article 2.

    Cost determination criteria of laboratory tests and technical checks

    1. This annex identifies, pursuant to Article 116, paragraph 11, of the code, the criteria for determining the costs relating to laboratory tests and mandatory technical checks relating to the activities referred to in the aforementioned Article 116 of the code or specifically provided for by the special contract specifications for works which represent the price of services rendered not subject to reduction.

    2. The price referred to in paragraph 1 is made up of the following groupings of primary elements:

    a) first direct cost to which the costs of the technical operator contribute, cost of depreciation attributed to the test equipment, of the materials and consumables relating to the test and cost attributed to the test relating to the technical management and coordination activity;

    b) indirect production cost determined in terms of coefficient expressing the cost components relating to indirect labour, property depreciation, general administration costs and other indirect costs;

    c) notional cost (gross profit and taxes);

    d) fixed costs.

    3. The primary elements adopted and the criteria for determining the price are indicated in Table A attached to this annex.

     

    Article 3.

    Technical table

    1. A technical coordination and monitoring table composed of two representatives of the Superior Council of Public Works, of including one with coordinator functions, two representatives designated by the Conference of Regions and Autonomous Provinces, a representative of the interregional authorities for public works of the Ministry of Infrastructure and Transport, two representatives of laboratories designated by the trade associations, a representative of the authorities of the port system, a representative of the National Civil Aviation Authority (ENAC), a representative of the National Institute of Statistics (ISTAT), a representative of the National Association of Building Contractors (ANCE), a representative of Unioncamere, a representative of the Italian Railway Network Spa (RFI), a representative of ANAS Spa, a representative of the network of technical professions. The technical table, which meets at least three times a year, has the task of providing support for the application of the criteria referred to in article 2 in relation to the determination of prices for laboratory tests and technical checks.< /p>

    2. Experts with proven expertise in the sector may also be invited to participate, free of charge, at the technical table.

    3. The functioning of the technical table referred to in paragraph 1 is ensured by the Superior Council of Public Works with the human, instrumental and financial resources available under current legislation. Participation in the technical round is free of charge, the members are not entitled to any remuneration, token, indemnity, emolument or reimbursement of any kind.

     < /s>

    TABLE A

    The elementary cost components that contribute to determining the price are:

    1) first direct cost (CDIR) broken down as follows:

    (a) cost of the technical operator;

    (b) cost of depreciation attributed to the test equipment;

    (c) cost of materials and consumables relating to the test;

    (d) cost attributed to the test relating to the technical management and coordination activity;

    2) indirect production cost (C IND) determined in terms of coefficient expressing the cost components relating to indirect labour, property depreciation, general administration costs and other indirect costs;

    3) notional cost (U);

    4) fixed costs of the test (CF).

    The cost is determined through the following analysis operations: applying to the quantities of products, equipment and human resources necessary for the realization of the unit quantities of each item, the respective elementary prices; adding the percentage for general expenses, i.e. indirect production costs; adding a percentage of 10 percent for the executor's profit; adding the fixed costs of the test.

    The standard production cost (CST) is determined by the sum of the costs referred to in points 1) and 2), i.e. CST = (C DIR + CIND), taking into account that the indirect production cost is equal to CIND = δ × CDIR. The coefficient δ = 0.3286 was determined as the average of the indirect costs compared to the direct costs on a sample of laboratories representative of the operators in the sector.

    As regards, however, the figurative cost (U) was commensurate in the 10 percent of the standard cost as a sector indicator U = 0.10 × CST.

    Finally, the fixed costs of the test CF = 2.50 euros were identified as average of the fixed costs incurred by the laboratories, obtained from a representative sample of operators in the sector. Therefore, the overall price of a test which constitutes the minimum price (P) is, in general, determined by the following expression:

    P= CDIR + CIND + U + CF

    where: < /p>

    CDIR = (a) + (b) + (c) + (d)

    CIND = δ × CDIR = 0.3286 × CDIR

    U = 0.10 × (CDIR + CIND)

    CF = 2.50

    The aforementioned values are all expressed in euros.

    Ultimately the price (P), expressed in euros, is given by the following formula: P = (1.46146) × CDIR + 2.50.

     

    In relation to the above, the following is specified.

    A. Technical operator cost (labour)

    Labour is calculated per hour or fraction of an hour used for the test (standard time calculated on the significant sample) multiplied by the experimenter's hourly rate based on the relative national collective agreement. The time taken includes the tooling and tuning of the machine divided by the daily number of tests carried out with the same machine. The standard time is the average time taken for the test calculated on a sufficiently representative number of homogeneous tests. This workforce includes all the indirect personnel employed in the production of the test, comparing its percentage incidence with the turnover method per product line or similar. By way of example, a number of homogeneous tests are grouped on the basis of invoices issued over a significant period of time. The cost of personnel for the term examined is divided by the number of tests grouped homogeneously.

     

    B. Depreciation of properties, machinery and equipment

    The depreciation of properties is calculated using the notional rent method of the laboratory if owned and with that of the rent of the relevant rental contract for the property if not owned. The impact of the rent on the test is related, as for indirect labour, with the turnover method by product line or similar.

    The depreciation of plants, machinery and equipment is calculated on the standard use time and is based on the average time taken for the test compared to a sufficiently representative number of homogeneous tests, based on the coefficient table of «Group XVI - Construction industries, species 1a/a - Construction companies construction, earthworks and road, port and specialized works", attached to the decree of the Minister of Finance of 31 December 1988, published in the Official Gazette of the Italian Republic no. 27 of 2 February 1989, which establishes the depreciation coefficients for the cost of capital goods, for categories of homogeneous goods. Calibration and ordinary maintenance costs are added to the machine cost. The gross price of the energy absorbed by the laboratory in a significant period affects the price of the test by dividing the cost by the tests carried out within the same significant period, taking care to divide the cost by groups of homogeneous tests.

     

    C. Consumption and materials necessary for the test

    Raw materials are all those goods instrumental to the test such as consumable and non-reusable goods. Tested and reusable capital goods affect the price proportionally to the number of reuses.

     

    D. Cost paid to the test relating to the management and technical coordination activity

    The cost component intended to commensurate the The management or technical coordination activity is determined at the percentage of 15 percent applied to the sum of the previous components defined in items A, B and C.

     

  • Annex II.16 Information at European level relating to the modification of contracts in progress.

    (Article 120, paragraph 14)

    1. Name, identification number, where applicable, address including NUTS code, telephone, fax, e-mail and Internet address of the contracting authority and, if different, of the service to which you can contact for additional information.

    2. CPV codes.

    3. The NUTS code of the main place of execution of the works in the case of works contracts or the NUTS code of the main place of delivery or performance in the case of supply and service contracts.

    4. Description of the contract before and after the modification: nature and extent of the works, nature and quantity or value of the supplies, nature and extent of the services.

    5. If applicable, price increase following the change.

    6. Description of the circumstances that made the change necessary.

    7. Date of the contract award decision.

    8. Where applicable, name, address including NUTS code, telephone, fax, e-mail and internet address of the new economic operator(s).

    9. Information indicating whether the procurement is linked to a project and/or program financed by European Union funds.

    10. Name and address of the national supervisory body and of the body responsible for appeal and, where appropriate, mediation procedures. Details of the deadlines for filing an appeal or, if applicable, name, address, telephone and fax number, as well as the electronic address of the service from which such information can be requested.

    11. Dates) and references of previous publications in the Official Journal of the European Union or in the Official Journal of the Italian Republic relating to the contract or contracts referred to in this notice.

    12. Date of sending of the notice.

    13. Any other information.

     

  • Annex II.17 Replacement canteen services.

    (Article 131, paragraph 6)

     

    Article 1.

    Scope and purpose.

    1. This annex identifies the establishments where the substitute canteen service can be provided through meal vouchers, the characteristics of the meal vouchers and the content of the agreements stipulated between the companies issuing meal vouchers and the owners of the eligible establishments. , in order to guarantee free and effective competition in the sector, the balanced conduct of relationships between the various economic operators and an efficient service to consumers.

     

    Article 2.

    Definitions.

    1. For the purposes of this annex, the following definitions apply:

    a) the activity of issuing meal vouchers means the activity aimed at providing, through affiliated businesses, a substitute service for the company canteen;

    b) for substitute canteen services rendered through meal vouchers, the supply of food and drinks and the sale of ready-to-eat food products carried out by traders, the activities listed in article 3;

    c) for meal voucher, the legitimation document, also in electronic form, having the characteristics referred to in article 4, which gives the holder, pursuant to article 2002 of the civil code, the right to obtain the replacement service of the canteen for an amount equal to the face value of the voucher and, at the affiliated establishment, the means of proving the performance towards the issuing companies;

    d) for issuing companies, the company which carries out the activity of issuing meal vouchers, authorized to do so, following a certified notification of commencement of activity certifying possession of the required requirements referred to in Article 131, paragraph 2, of the code, transmitted pursuant to Article 19 of the law 7 August 1990, n. 241, to the Ministry of Business and Made in Italy;

    e) for affiliated businesses, the businesses where the subjects carry out the activities listed in article 3 pursuant to a specific agreement with the issuing company , provide the replacement canteen service;

    f) for customer, the employer who purchases meal vouchers from the issuing company in order to provide the substitute canteen service to the subjects referred to in letter g);

    g) by owner, the employee, full-time or part-time, as well as the person who has established a collaborative relationship with the customer, even if not subordinate, to whom, pursuant to the regulations in force and the collective labor agreements, assigned the meal vouchers and who, therefore, is entitled to use them;

    h) by face value, the value of the service indicated on the meal voucher, including the value added tax referred to in article 6.

     

    Article 3.

    Establishments where it can be provided the replacement canteen service.

    1. The substitute canteen service provided by means of meal vouchers referred to in article 2, paragraph 1, letter b), is provided by subjects authorized to exercise:

    a) the administration of food and drinks pursuant to of law 25 August 1991, n. 287;

    b) company and inter-company canteen activities;

    c) the retail sale, both in a fixed location and in a public area, of products belonging to the food sector pursuant to Legislative Decree 31 March 1998, n. 114;

    d) the retail sale in the production premises and in the adjacent premises of food products following registration in the register referred to in article 5, first paragraph, of law 8 August 1985, n. 443;

    e) the retail sale and sale for on-site consumption of products from its own funds carried out, pursuant to article 4, paragraphs 1 and 8-bis, of the legislative decree 18 May 2001, n. 228, by agricultural entrepreneurs, direct farmers and simple companies carrying out agricultural activities, registered in the special section of the business register referred to in article 2188 et seq. of the civil code;

    f) in scope of the agritourism activity referred to in law 20 February 2006, n. 96, the administration of meals and drinks, consisting mainly of its own products and products from farms in the area, at its own company;

    g) in the context of the fishing tourism activity, the administration of meals consisting mainly of products deriving from fishing activities, pursuant to article 12, paragraph 1, of law no. 96 of 2006, by fish entrepreneurs;

    h) the retail sale of food products, including processed ones, in premises adjacent to those of production in the case of entities carrying out industrial production activities.< /p>

    2. For the purposes of the activities referred to in paragraph 1, the need to comply with the health and hygiene requirements prescribed by current legislation remains unchanged.

     

    Article 4.

    Characteristics of meal vouchers.

    1. Pursuant to this annex, meal vouchers:

    a) allow the holder to receive a substitute canteen service of an amount equal to the face value of the meal voucher;

    b) allow the agreed exercise of documentally proving the performance of the service to the issuing companies;

    c) are used exclusively by subordinate workers, full or part time, even if the working hours do not include a break for the meal, as well as by subjects who have established a collaborative relationship with the customer, even if not subordinate;

    d) they are not transferable, nor cumulative beyond the limit of eight vouchers, nor marketable or convertible into cash and can only be used by the holder;

    e) can only be used for the entire face value.

    2. Paper meal vouchers must include:

    a) the tax code or company name of the employer;

    b) the company name and tax code of the issuing company ;

    c) the face value expressed in current currency;

    d) the time limit of use;

    e) a space reserved for the affixing of the date of use, the signature of the holder and the stamp of the affiliated business where the meal voucher is used;

    f) the words: «The meal voucher cannot be transferred or accumulated beyond the limit of eight vouchers , nor marketable or convertible into money; it can only be used if dated and signed by the owner".

    3. In meal vouchers in electronic form:

    a) the indications referred to in letters a), b), c) and d) of paragraph 2 are electronically associated with them during storage in the relevant carnet electronic;

    b) the date of use of the meal voucher and the identification data of the affiliated business where it is used referred to in letter e) of paragraph 2, are electronically associated with the meal voucher currently being used;

    c) the obligation of the holder of the meal voucher to sign is fulfilled by associating, in the meal voucher data stored on the relevant IT medium, a number or an identification code attributable to the holder himself;

    < p>d) the wording referred to in letter f) of paragraph 2 is reported electronically.

    4. The issuing companies are required to adopt suitable anti-counterfeiting and traceability measures for the meal voucher.

     

    Article 5.

    Contents of the agreements.

    1. The agreements stipulated between the companies issuing meal vouchers and the owners of the participating establishments contain the following elements:

    a) the duration of the contract, the economic and economic conditions, and the notice period for any renegotiation or cancellation;

    b) the usability clauses of the meal voucher, relating to the conditions of validity, limits of use and expiry terms, specified in an express and uniform manner;

    c) the indication of the unconditional discount recognized to the issuing company by the owners of the affiliated businesses as a result of the use of meal vouchers at their premises;

    d) the indication of the payment term that the issuing company is required to respect the affiliated businesses, in any case in compliance with the provisions of paragraph 6;

    e) the indication of the deadline, not less than six months from the expiry date of the meal voucher, within which the affiliated business may demand payment for the services performed;

    f) the indication of any additional fees recognized to the issuing company, including those for the performance of additional services offered, in compliance and within the limits referred to in paragraphs 7 and 8.

    2. The agreements between the issuing company and the owners of the participating establishments however contemplate a basic offer, without additional services, suitable to ensure the customer a complete service, without prejudice to the former's freedom to also offer additional services to the eligible establishments. The tender notices conform to the provisions of the first period, requiring the submission of the aforementioned basic offer by the competitors.

    3. The agreements stipulated between the issuing company and the owners of the participating establishments cannot deny the owners of the affiliated establishments at least partial payment of invoices relating to the meal vouchers presented for reimbursement in the event of partial disputes, regarding quantity or value, relating to the invoicing of the same .

    4. The agreements referred to in this article are stipulated and can be modified, with specific acceptance of the parties, exclusively in written form, under penalty of nullity.

    5. For the purposes of implementing paragraph 1, letter c), it is prohibited to agree with the affiliated businesses on an unconditional discount higher than that established by the issuing company at the time of the offer for the purpose of the award or at the time of conclusion of the contract with the customer . The unconditional discount remunerates all the activities necessary and sufficient for the correct process of acquisition, disbursement and invoicing of the meal voucher.

    6. The provisions of Legislative Decree no. 9 October 2002 apply to the payment terms referred to in paragraph 1, letter d). 231.

    7. In the context of the agreement contracts, for the purposes of participation in the tenders, as well as the assessment of the adequacy of the related economic offers, only those which consist of additional services with respect to the main object of the tender and have an objective and direct intrinsic connection with the object of the competition.

    8. It is prohibited to charge affiliated merchants with costs other than the unconditional discount and fees for additional services or services that may be purchased.

    9. The owners of the eligible businesses remain entitled not to accept the proposal for additional services.

    10. In the event of failure to reach an agreement following non-adherence to the proposal for additional services, the applicability, where the conditions exist, of articles 1341 and 2598, first paragraph, number 3) of the civil code remains unaffected. In the case of a public procedure, agreements that provide for such an obligation to join, or in any case actually determine it, constitute grounds for termination of the contract between the contracting authority and the issuing company.

     

    Article 6.

    Final provisions.

    1. The face value of the meal voucher includes the value added tax required for the supply of food and drinks to the public and the sale of ready-to-eat food products. The changes in value added tax leave the economic content of the contracts already stipulated unchanged, without prejudice to the freedom of the parties to reach appropriate renegotiations to re-establish the balance of the relationship.

    2. The Ministry of Business and Made in Italy, in collaboration with the Ministry of Infrastructure and Transport and the National Anti-Corruption Authority, following specific consultations, monitors the effects of this annex in order to verify its effectiveness.

     

  • Annex II.18 Qualification of subjects, design and testing in the cultural heritage sector.

     

    Title I

    General provisions

     

    Article 1.

    Scope of application.< /i>

    1. This annex regulates public works contracts concerning cultural heritage protected pursuant to the cultural heritage and landscape code referred to in Legislative Decree 22 January 2004, n. 42, hereinafter «Code of cultural heritage and landscape».

    2. The works referred to in this annex are divided into the following typologies:

    a) archaeological excavation, including underwater archaeological investigations;

    b) monitoring, maintenance and restoration of immovable cultural assets;

    c) monitoring, maintenance and restoration of movable cultural assets, decorated surfaces of architectural assets and historicized materials of immovable assets of historical, artistic or archaeological interest.

    3. Unless otherwise provided in this annex, the relevant provisions of the code apply.

     

    Article 2.< /p>

    Archaeological excavation, restoration, maintenance and monitoring.

    1. The archaeological excavation consists of all the operations that allow the historical reading of human actions, as well as the geological phenomena that have interacted with them, which occurred in a specific territory, of which the material, movable and immovable documentation referable to the archaeological heritage. The archaeological excavation also recovers documentation of the paleoenvironment even from times prior to the appearance of man.

    2. The qualifying contents and purposes of the maintenance and restoration of cultural heritage are defined in article 29, paragraphs 3 and 4, of the Cultural Heritage and Landscape Code.

     

    Article 3.

    Specificity of the interventions.

    1. Pursuant to articles 1, paragraphs 3 and 4, and 29 of the Cultural Heritage and Landscape Code, without prejudice to the procedure referred to in Article 12 of the same Cultural Heritage and Landscape Code, interventions on cultural heritage are included in the planning documents for public works referred to in article 37, paragraphs 1 and 2, of the code and are carried out according to the times, priorities and other indications deriving from the criterion of planned conservation. To this end, the contracting authorities, on the basis of the reconnaissance and study of the assets entrusted to their custody, draw up a document on the state of conservation of the individual asset, taking into account the territorial danger and vulnerability, the findings highlighted in the maintenance plan and in the scientific final balance, prevention activities and any previous maintenance and restoration interventions. For archaeological assets, this document also illustrates the results of diagnostic investigations.

     

    Title II

    < b>Qualification requirements

    Chapter I

    Qualification requirements for performers of works concerning cultural heritage

     

    Article 4.

    Qualification.

    Qualification. i>

    1. Without prejudice to the provisions of article 100 of the code, this Chapter identifies, pursuant to article 133, paragraph 1, of the code, the qualification requirements of the subjects carrying out works for an amount equal to or greater than 150,000 euros relating to the types of works on cultural heritage referred to in article 1, paragraph 2.

    2. For the works referred to in article 1, paragraph 2, of an amount lower than 150,000 euros, the provisions of article 12 apply.

    3. For the purposes of qualification for works on the goods referred to in this Title, relating to categories OG 2, OS 2-A, OS 2-B, OS 24 and OS 25 referred to in table A of Annex II.12 to the code, carried out on behalf of the subjects referred to in Article 1, paragraph 1, letters a), b), c), d) and e), of Annex I.1 to the code, as well as private or self-employed clients, when the works concerned goods referred to in article 1, paragraph 1, of this annex, the certification issued to the executors must also contain the certificate from the authority responsible for the protection of the good which is the object of the works of the success of the interventions carried out.

    4. For works concerning movable cultural assets, decorated surfaces of architectural assets and historicized materials of immovable assets of historical, artistic and archaeological interest, archaeological excavations, including underwater, as well as those relating to villas, parks and gardens referred to in article 10, paragraph 4, letter f), of the Cultural Heritage and Landscape Code, the provisions of this Title regarding the possession of the qualification requirements apply.

     

    Article 5.

    General requirements.

    1. Without prejudice to the provisions of Articles 99 et seq. of the Code and Annex II.12 to the Code, the registration of the company in the register established at the competent Chamber of Commerce, Industry, Crafts and Agriculture, prescribed by Article 100, paragraph 3, of the code, must relate to: a) for works relating to archaeological excavations, to archaeological excavations; b) for works relating to the maintenance and restoration of movable cultural assets and decorated surfaces of architectural assets and historicized materials of cultural immovable assets, to the conservation and restoration of works of art; c) for works relating to the restoration and maintenance of immovable cultural assets, conservation and restoration of works of art; d) for works relating to historic greenery referred to in article 10, paragraph 4, letter f), of the Cultural Heritage and Landscape Code, to parks and gardens.

     

    Article 6.

    Special requirements.

    1. The special requirements for the qualification necessary for the execution of the works provided for in Article 1 of this Annex are, pursuant to Article 100 of the Code:

    a) l professional suitability;

    b) economic and financial capacity;

    c) technical and professional skills.

     

    Article 7.

    Professional suitability and technical and professional skills.

    1. Professional suitability is demonstrated by the presence of all the requirements listed below:

    a) suitable technical management, also coinciding with the ownership of the company, in accordance with the provisions of article 11;

    b) completion of the works referred to in article 1, for a total amount of no less than 70percent of the amount of the classification for which qualification is requested.

    2. The temporally unlimited use of work execution certificates for qualification purposes is permitted, provided that the principle of continuity in the execution of the works is respected, as proof of the current suitability to carry out interventions in the category for which the qualification is requested. certification, or that the technical management of the company has remained unchanged.

    3. In the case of acquisition of a company or one of its branches, the requirements of professional suitability and technical and professional skills acquired by the transferring company can be changed provided that in the transfer there is also the transfer of the technical director who was responsible for the direction of the works whose certification is to be used for qualification purposes, and who remains on the transferee's staff for a period of at least three years.

    4. For companies that in the last decade have had an average number of employed workers consisting of employees exceeding five units, professional suitability, from an organizational point of view, is demonstrated by the presence of the requirements indicated in paragraphs 5, 6 and 7. I restorers, the restorer collaborators referred to in paragraph 6 and the archaeologists referred to in paragraph 7 have a fixed-term or permanent employment relationship regulated by the regulations in force on the matter with the company.

    5. With reference to the OG 2 category, the suitability referred to in paragraph 4 is demonstrated by having incurred an overall cost for employees, consisting of wages and salaries, social contributions and provisions for retirement funds, of no less than 15 percent. of the amount of the works that fall into the OG 2 category and which were carried out in the ten years preceding the date of signing the contract with the certification body company, of which at least 40 percent for workers. As an alternative to what is foreseen in the first period, organizational suitability is demonstrated by having incurred for employees hired on a permanent basis a total cost of no less than 10 percent of the amount of the works that fall into the OG 2 category and that are were carried out in the decade preceding the date of signing the contract with the certification body company, of which at least 80 percent for technical personnel, holders of a degree, or short degree, or university diploma, or diploma. The overall cost incurred for employees is documented in the budget accompanied by the relevant deposit note and reclassified in compliance with the European directives on budget matters by the subjects required to prepare it, and by the other subjects with suitable documentation, as well as a declaration on the consistency of the workforce, divided into the various qualifications, from which to deduce the correspondence with the cost indicated in the financial statements and the annual summary forms certifying the payments made to INPS and INAIL and to the construction funds in relation to the salaries paid to employees and their contributions.

    6. With reference to the OS 2-A and OS 2-B categories, the suitability referred to in paragraph 4 is demonstrated by the presence of restorers of cultural heritage in accordance with current regulations, in a number not less than 20 percent of the total staff of the the company, and by the presence of collaborators who restore cultural heritage in accordance with current regulations, in a number of no less than 40 percent of the same workforce. The presence of restorer collaborators can be made up for in whole or in part by restorers of cultural heritage. As an alternative to what is foreseen in the first period, the organizational suitability of the company is demonstrated by having incurred an overall cost for employees with the qualification of restorer and collaborator restorer of cultural heritage, consisting of wages and salaries, social contributions and provisions to retirement funds, not less than 40 percent of the amount of the works that fall into the categories OS 2-A and OS 2-B, and which were carried out in the decade preceding the date of signing of the contract with the certification body company. For non-employee technical directors, the costs referred to in the third period correspond to the conventional salary established annually by the National Institute for Insurance on Accidents at Work. The calculation of the units foreseen by the first period is carried out by rounding up to the next higher unit. For companies that in the last decade have had an average number of employed workers consisting of employees equal to or less than five units, organizational suitability with reference to the OS 2-A and OS 2-B categories is proven by the presence of at least one restorer of cultural heritage.

    7. For works relating to archaeological excavations, referred to in category OS 25, professional suitability, from an organizational point of view, is demonstrated by the presence of archaeologists, in possession of the qualifications required by the ministerial decree referred to in article 1, paragraph 3 , of Annex I.8 to the code, in a number of no less than 30 percent of the total workforce, with rounding up to the nearest whole number. As an alternative to what is foreseen in the first period, the organizational suitability of the company is demonstrated by having incurred an overall cost for employees with qualifications as archaeologists, made up of wages and salaries, social contributions and provisions for retirement funds, respectively not less than 30 percent of the amount of the works that fall into the OS 25 categories and which were carried out in the ten years preceding the date of signing the contract with the certification body company. For companies that in the last decade have had an average number of employed workers consisting of employees equal to or less than five units, the organizational suitability for works relating to archaeological excavations, referred to in category OS 25, is proven by the presence of at least an archaeologist.

     

    Article 8.

    Economic and financial capacity.

    i>

    1. The adequate economic and financial capacity of the person carrying out the work is demonstrated by the executing company in accordance with the provisions of article 100, paragraphs 4, 5 and 6, of the code.

    2. In the case of companies qualified exclusively in the OS 2-A, OS 2-B and OS 25 categories, adequate economic and financial capacity is demonstrated by suitable bank references issued by a person authorized to carry out banking activities pursuant to the consolidated law of the banking and credit laws referred to in the legislative decree of 1 September 1993, n. 385.

     

    Article 9.

    Work useful for qualification .

    1. The certification of the works useful for the purposes referred to in article 7 contains the clients' declaration that the works carried out were carried out regularly and successfully. This certification does not coincide with the scientific final balance prepared by the director of works referred to in paragraph 10, letter a), of article 116 of the code.

    2. For works carried out on behalf of the same client, even if they are the subject of different procurement contracts, a single certificate can be issued specifying the works approved and carried out in individual years.

    3. Certificates issued before the entry into force of this annex are reserved if accompanied or integrated by the declaration of success issued by the authority responsible for the protection of the assets on which the works were carried out.

    4. The works can be used for the purposes referred to in Article 7 only if actually carried out by the company, even if carried out as a subcontractor. The contractor cannot use subcontracted works for qualification purposes.

    5. In order to guarantee the correct exercise of the supervisory activity by the superintendencies responsible for the protection of the property, these, within sixty days of issuing the certificate of regular execution of the works, referred to in article 50, paragraph 7, of the code, having ascertained the regularity of the services performed, certify the successful outcome of the work carried out.

     

    Article 10.

    Works worth less than 150,000 euros .

    1. To carry out archaeological excavation work, monitoring, maintenance or restoration of movable cultural assets and decorated surfaces of architectural assets and historicized materials of immovable assets of historical, artistic and archaeological interest and for works on historic parks and gardens subject to protection, of an amount lower than 150,000 euros, companies must meet the following requirements:

    a) have carried out work directly and on their own prior to the publication of the notice or the date of the invitation to the negotiated procedure, of the same category and , in the case of category OS 2-A and OS 2-B, with reference to the specific sector of expertise to which the restoration activities refer, required by the object of the works based on the regulations in force, for a total amount of no less to that of the contract to be stipulated, without prejudice to the principle of continuity in the execution of the works referred to in article 7, paragraph 2 or, alternatively, having the technical director provided for in article 7, paragraph 1, letter a);

    b) have a staff determined in accordance with the provisions of article 8 on organizational suitability;

    c) be registered with the competent chamber of commerce, industry, crafts and agriculture.

    2. The requirements referred to in paragraph 1, self-certified pursuant to the consolidated text of the legislative and regulatory provisions regarding administrative documentation, referred to in the decree of the President of the Republic of 28 December 2000, n. 445, are declared at the time of the application for participation or at the time of the offer and are accompanied by a certification of successful completion of the work issued by the authority responsible for the protection of the assets on which the work has been carried out. Their actual existence is ascertained by the contracting authority according to the relevant provisions in force. For the works and activities referred to in paragraph 1, for a total amount not exceeding 40,000 euros, the certification of successful completion of the works can also be issued by a contracting authority.

     

    Chapter II

    Qualification requirements for directors technicians

    Article 11.

    Technical director.

    1. The technical management can be assumed by a single person, possibly coinciding with the legal representative of the company, or by several people.

    2. The person or persons designated in the role of technical director cannot hold, for the duration of the contract, a similar role on behalf of other companies qualified pursuant to Chapter I of Title II of this annex; these subjects therefore produce, to the contracting authority, a declaration of uniqueness of assignment. If the technical director is a person other than the owner of the company, the legal representative, the administrator and the partner, the latter must be an employee of the company itself or linked to it by a regularly registered professional work contract.

    3. The technical management for the works referred to in this annex is entrusted:

    a) in relation to the OG 2 category, to subjects registered in the professional register - Section A of architects, planners, landscape architects and conservators, or in possession of a master's degree in conservation of cultural heritage. The subjects who, on the date of entry into force of the regulation establishing the qualification system for the executors of public works referred to in the decree of the President of the Republic of 25 January 2000, n. 34 carried out the function of technical director, they can retain the position at the same company;

    b) in relation to the categories OS 2-A and OS 2-B, with reference to the specific sector of expertise to which the restoration activities refer, required by the object of the works based on the regulations in force, to restorers of cultural heritage in possession of a diploma issued by higher education and study schools established pursuant to article 9 of the legislative decree of 20 October 1998, n. 368 or by the other subjects referred to in article 29, paragraph 9, of the Cultural Heritage and Landscape Code, or in possession of a master's degree in conservation and restoration of cultural heritage, without prejudice to the provisions of paragraph 5;

    c) in relation to the OS 25 category, to subjects in possession of the qualifications set out in Annex I.8 to the code.

    4. In addition to the provisions of paragraph 3, the requirement of at least two years of experience in the sector of works on cultural heritage is also required, certified in accordance with the provisions of Annex II.12 to the code.

    5. With reference to the OS 2-A and OS 2-B categories, the technical management can also be entrusted to restorers of cultural heritage, who have acquired the relevant qualification pursuant to article 182 of the Cultural Heritage and Landscape Code, provided that such restorers have carried out, at the date of entry into force of this annex, at least three separate technical management positions in the context of works relating to the same categories.

    6. In the case of works worth less than 150,000 euros, the requirements are self-certified and subjected to the checks and controls referred to in the consolidated text of the legislative and regulatory provisions regarding administrative documentation, referred to in the decree of the President of the Republic of 28 December 2000, n. 445.

     

    Title III

    Planning and management of works concerning cultural heritage

    Chapter I

    Levels and contents of design

     

    Article 12.

    Design activities.< /p>

    1. The projects consist of the documents indicated in articles 13, 14, 15 and 16, the contents of which are those provided for in Annex I.7 to the code. The list of documents that make up the individual design levels is exhaustive and replaces the list of documents that are part of the same levels in Annex I.7.

    2. The guidelines referred to in Article 29, paragraph 5, of the Cultural Heritage and Landscape Code may define technical standards and additional criteria for the design and execution of the works referred to in Article 1.

    3. The assignment of works concerning cultural heritage, indicated in article 1, is arranged on the basis of the executive project. Without prejudice to the provisions of article 13, paragraph 3, it may exceptionally be arranged on the basis of the technical-economic feasibility project.

    4. The omission or reduction of the contents of the executive design may be ordered in the following hypotheses: a) for works on movable cultural assets, decorated surfaces of architectural assets and historicized materials of immovable assets of historical interest, artistic or archaeological, when they do not present implementation complexities, such as for example cleaning and other interventions that present characteristics of simplicity and seriality;

    b) in other cases, if the sole project manager (RUP), ascertained that the nature and characteristics of the asset, or its state of conservation, are such as not to allow the execution of exhaustive analyzes and surveys or in any case present solutions that can only be determined during construction, provides for the integration of the ongoing design the work, the possible cost of which must find corresponding coverage in the economic framework. The company carrying out the works submits the documentation regarding the integrative design to the RUP, which is approved following evaluation by the contracting authority.

     

    Article 13.

    Technical-economic feasibility project.

    1. Without prejudice to the provisions of Article 41, paragraph 6, of the code, the technical-economic feasibility project consists of a programmatic report of the knowledge framework, developed by sectors of investigation, as well as the intervention methods, with the necessary graphic documents attached . The knowledge framework is the result of the reading of the existing state and consists in the indication of the types of investigation that are considered necessary for the knowledge of the cultural asset and its historical and environmental context.

    2. The following documents are part of the feasibility project:

    a) the general report;

    b) the technical report;

    c) preliminary investigations and research;

    d) the general plan and drawings;

    e) the initial indications and provisions for the drafting of safety plans;

    f) the technical sheet referred to in Article 14;

    g) the summary calculation of the expense;

    h) the economic framework of the project;

    i) the intervention timetable;

    l) the feasibility document of the project alternatives, with the exception of cases of works that do not involve new constructions;

    m) the preliminary environmental study, excluding cases of works that do not involve new constructions or installations or systems.

    3. The assignment of works concerning cultural heritage, indicated in article 1, is usually arranged on the basis of the executive project. The RUP, in the feasibility design phase, reasonably evaluates, exclusively on the basis of the nature and characteristics of the asset and of the conservative intervention, the possible possibility of placing the technical-economic feasibility project as the basis for the tender, or of reducing the contents of the executive design, safeguarding its quality.

    4. The investigations and research referred to in paragraph 2 concern:

    a) historical-critical analysis;

    b) the constituent materials and execution techniques;

    c) the survey and photographic documentation of the artefacts;

    d) diagnostics;

    e) the identification of the structural behavior and the analysis of the state of conservation, degradation and disruption;

    f) the identification of any contributions from other related disciplines.

    5. Due to the complexity of the intervention in relation to the state of conservation and the historical-artistic characteristics of the artefact, the feasibility project can be limited to including those researches and investigations that are strictly necessary for a first real identification of the intervention choices and the related costs.

     

    Article 14.

    Technical data sheet.

    1. The technical sheet describes the characteristics, execution techniques and state of conservation of the cultural assets on which interventions are being made, as well as any changes due to previous interventions, in order to give a detailed and exhaustive picture of the characteristics of the asset and also provides general indications of the planned interventions and the methodologies to be applied.

    2. The decorated surfaces of architectural assets and historicized materials of immovable properties of historical, artistic or archaeological interest which are the subject of the intervention are identified and classified in the technical sheet, also on the basis of the provision declaring the cultural interest that affects the property object of the intervention. .

    3. In the case of monitoring, maintenance or restoration works on movable cultural assets, decorated surfaces of architectural assets and historicized materials of immovable assets of historical, artistic or archaeological interest, the technical sheet is drawn up by a restorer of cultural heritage, qualified pursuant to current legislation. In the case of archaeological excavation works, the technical sheet is drawn up by an archaeologist.

    4. As part of the authorization procedure referred to in articles 21 and 22 of the Cultural Heritage and Landscape Code, the technical sheet, before the definition of the technical and economic feasibility project, is submitted to the competent superintendent, who approves its contents by forty-five days, updating, where necessary, the provision declaring the cultural interest that affects the property that is the subject of the intervention.

     

    Article 15.

    Executive project.

    1. The executive project indicates, in a complete manner, going into detail and on the basis of the investigations carried out, the exact operational methodologies, techniques, intervention technologies, materials to be used regarding the individual parts of the complex; prescribes the technical-executive methods of the interventions; it is developed on the basis of direct investigations and adequate intervention sampling, justified by the uniqueness of the conservative intervention; indicates the checks to be carried out on site during the works.

    2. The documents of the executive project are:

    a) the general report;

    b) the specialist reports;

    c) the graphic documents including those of the structures and systems;

    d) the executive calculations of the structures and systems;

    e) the monitoring and maintenance plan for the work and its parts;

    f) the security and coordination plan;

    g) the bill of quantities and economic framework;

    h) the timetable;

    i) the list of unit prices and any analyses;

    l) the special tender specifications and contract outline.

     

    Article 16.

    l) b>

    Planning of the archaeological excavation.

    1. The technical and economic feasibility project of archaeological excavation works for archaeological research purposes regulates the layout of the research site and identifies the criteria for defining the temporal progression of the works and the priorities of the interventions during the execution of the activity of excavation, as well as the types and methods of intervention. The feasibility project consists of a programmatic report of the necessary investigations and illustrative of the framework of prior knowledge, developed by sectors of investigation, to which the relevant graphic documents are attached.

    2. The report referred to in paragraph 1 illustrates the times and methods of the intervention, relating both to the excavation and conservation of the finds, and to their study and publication, and is drawn up by archaeologists in possession of specific experience and professional ability consistent with the intervention. It also includes a summary calculation of the expenditure, the economic framework of the project, the timetable of the intervention and the initial indications and measures aimed at protecting the health and safety of the workplace for the drafting of the safety plans.

    3. The prior knowledge framework consists of a critical reading of the existing state updated in light of the elements of knowledge collected in any discoveries.

    4. The investigations referred to in paragraph 1 consist of:

    a) general survey;

    b) territorial reconnaissance and diagnostic investigations;

    c) necessary complementary investigations.

    5. The feasibility project, if it has not been prepared by the competent offices of the Ministry of Culture, is communicated to the competent Superintendent.

    6. The executive project of the archaeological excavation works for research purposes, which includes the results of the investigations envisaged in the feasibility project, includes detailed technical-scientific and economic forecasts relating to the different phases and types of intervention and indicates the quantity and duration of them and also includes the safety and coordination plan.

    7. The phases referred to in paragraph 6 include:

    a) findings and investigations;

    b) excavation;

    c) excavation documentation, such as excavation logs, stratigraphic cards, graphic and photographic documentation;

    d) restoration of movable and immovable finds;

    e) preliminary filing of the finds and their storage together with any samples to be subjected to analysis;

    f) study and publication;

    g) forms of use also with regard to the arrangement and museumisation of the site or recovered context;

    h) scheduled maintenance.

    8. The technical-economic feasibility project of archaeological excavation works for research purposes also contains the definition of the types of interventions, distinguishing those of predominantly scientific merit, possibly to be entrusted to companies in possession of specific requirements if not handled by the contracting authority itself. In this case, the technical-economic feasibility project is communicated to the competent Superintendent.

    9. The executive project, unless otherwise indicated by the RUP pursuant to article 12, fully indicates, going into detail and on the basis of the investigations carried out, the technical and executive methods of the various operational phases, indicating the checks to be carried out on site during

  • Annex II.19 Research and development services.

    (Article 135)

     

    code cpv description

    73000000-2 Research and development services and related consultancy services

    73100000-3 Experimental research and development services

    73110000-6 Research services< /p>

    73111000-3 Research laboratory services

    73112000-0 Marine research services

    73120000-9 Experimental development services

    73300000 -5 Design and implementation of research and development

    73420000-2 Pre-feasibility studies and technological demonstration

    73430000-5 Testing and evaluation

     

  • Annex II.20 Procurement and procedures in the defense and security sectors.

    (Article 136, paragraph 4)

     

    Article 1.< /b>

    Mixed contracts.

    1. In the case of mixed contracts, concerning two or more types of services, which contain elements of works, services or supplies contracts, awarded jointly in accordance with the provisions of articles 14 and 137 of the code, the following provisions apply.

    2. To mixed contracts that contain elements of supply, service and works contracts, the regulation of the type of contract that characterizes the main object of the contract is predominantly applied and, analogously, the regulation of the different type of contract, where not in conflict with the before.

    3. For the purposes of planning obligations, the provisions of the program for the purchase of goods and services apply, where the supplies and the service constitute the main object of the contract; otherwise the provisions of the work schedule apply.

    4. The sole project manager (RUP) or those responsible for each phase are identified within the contracting authority institutionally competent for the awarding of the type of contract that characterizes the main object of the contract.

    5. The RUP or those appointed for the design and execution phase are responsible for the works in accordance with the provisions of the regulations regarding the protection of health and safety in the workplace.

    6. In mixed contracts, where due to the nature, technical characteristics or high technological content of the supply, with particular regard to the preparatory nature of the development of the supply with respect to the definition of the work component or the presence of solutions that can only be determined during execution, no it is possible to develop the design of the works in advance at the necessary levels, the subsequent design level is entrusted to the successful tenderer, who possesses the necessary requirements. The assignment referred to in this paragraph must be justified in the determination by indicating the technical and objective prerequisites of the joint assignment and the actual impact on the times and costs of carrying out the works in the case of separate assignment of works and design.

     

    Article 2.

    Programming.

    < p>1. The following constitute reasons for modifying the programs of the Ministry of Defense and the order of priority of works and purchases:

    a) the subsequent change in the available financial resources;

    b) the change in the the order of priority of an intervention due to the essential operational readiness needs of the military instrument;

    c) the emerging needs related to the operation of the Armed Forces, states of emergency, the protection of order and public safety.

    2. A job or purchase not included in the annual list can be carried out when made necessary by the reasons referred to in letters b) and c) of paragraph 1, using resources made available by the cancellation of one or more jobs or purchases already foreseen in relation to the review of priorities.

    3. In any case, purchases of goods and services of an unforeseeable or contingent nature having as their object or concerning:

    a) goods and services concerning interventions within operational theatres, including expenses aimed at the maintenance, preparation and use of the units in support of interventions in operational theatres;

    b) scientific/technological research and development services, carried out both at a national level, within the framework of the National Research Plan military, and internationally in the framework of bilateral and multilateral agreements;

    c) goods and services of an IT nature functional to the immediate restoration of efficiency or the adoption of adequate security levels of the information systems used for the fulfillment of institutional tasks aimed at the prompt operation of departments, bodies and their organizational units;

    d) relief interventions following public disasters, as well as for the management of emergencies relating to national security and public order;

    e) indeferrable and urgent expenses connected with armaments and ammunition, including the operation and maintenance of the armament, as well as protective equipment, equipment for public order services, special equipment, telecommunications materials and services;

    f) expenses for provisioning services to be ensured under direct management or connected to operational activities where prolonged;

    g) expenses that cannot be deferred for maintenance and functioning of bodies and departments, for the maintenance of buildings, systems and equipment, for the functioning of military attachments and representations abroad and any other expense, of an indeferrable nature, connected to the needs of seamless functioning, instrumental to ensuring the operation and reactivity of the military instrument;

    h) means of transport for land, air and naval mobility not derived from commercial production;

    i) any other need attributable to the characteristics of referred to in paragraph 1.

    4. The three-year planning and the annual list of works include the engineering services connected to the works to be carried out.

    5. Interventions relating to works of an unforeseeable or contingent nature having as their object or concerning:

    a) interventions to be carried out in Italy and abroad as a result of international agreements and the works carried out are excluded from the planning obligations by means of the troops and departments of the Military Engineers;

    b) maintenance interventions;

    c) extraordinary interventions imposed by unforeseeable events, states of emergency and natural disasters, therein including the infrastructural interventions necessary to guarantee the mobility and prompt operation of the departments, in order to meet the aforementioned needs;

    d) works relating to strategic military infrastructures;

    e) works on infrastructures connected with the fulfillment of the institutional tasks of the Armed Forces and aimed at the prompt operational needs of the departments or greater mobility of personnel;

    f) interventions functional to organizational and operational needs connected with needs institutions for the protection and maintenance of public order and safety.

     

    Article 3.

    Subjects of the design verification activity.

    1. The verification of the design, if carried out through internal structures of the contracting authority, is carried out by the technical bodies of the entity in which the RUP or the person responsible for the procedure for the design phase is identified.

     

    Article 4.

    Cases of award to a single economic operator via negotiated procedure without prior publication of a tender notice.< /p>

    1. The following constitute reasons of a technical nature or reasons for the protection of exclusive rights, including intellectual property rights, for the assignment to a single economic operator through a negotiated procedure without publication of a notice:

    a) the military technical requirements necessary to satisfy the operational needs identified by the competent inter-force or Armed Force top planning bodies;

    b) the technical requirements necessary to ensure the maintenance, modernization and adaptation of products and services in order to guarantee logistical continuity and safety of use;

    c) the supply of original spare parts and the provision of maintenance services by the original supplier strictly necessary for safe use;

    d) the certification and technical-operational approval of means and materials for military use for which the company responsible for the system is identified as project authority;

    e) the provision of supplies and services necessarily carried out by the company identified as the Design Authority.

     

    Article 5.

    Maintenance work.

    1. Ordinary maintenance work can be entrusted, in compliance with the procedures for choosing the contractor envisaged by the code, on the basis of a project consisting of at least:

    1) the general report;

    2 ) from the list of unit prices of the planned processes;

    3) from the estimated metric calculation;

    4) from the safety and coordination plan with the analytical identification of safety costs not to be subjected to a discount.

    2. Without prejudice to the obligations relating to the centralized system of the State Property Agency for the maintenance of buildings, maintenance works which, in relation to the technical complexity, the design structure, or the particular location of the intervention site, require particular preparations or processes and they cannot be carried out through the framework agreements in force at the regional level, they are entrusted according to the procedures of the code. The RUP specifically motivates the assignment in derogation of the framework agreements in relation to the specialty, nature and characteristics of the intervention. These interventions are the subject of subsequent communication to the State Property Agency.

     

    Article 6.

    Body executors of the contract.

    1. In the case of service and goods supply contracts that satisfy the needs of one or more Armed Forces or one or more entities, the contracting authority may identify one or more entities executing the contract which:

    a) take care of the contractual execution with the methods established by the contractual documents;

    b) verify the regular performance of the services;

    c) carry out the verification of conformity with the methods established by the contractual documents;

    d) verify, in terms of quantity and quality, compliance with the provisions set out in the contractual documents;

    e) issue the declaration of regular execution of the services for the purposes of payment;

    f) carry out all the functions falling within the competence of the director of execution;

    g) verify compliance by the executor with the regulations on the safety and health of workers on workplaces;

    h) carry out activities relating to the elimination or reduction of risks from interference;

    i) carry out all other functions provided for in the contractual documents;

    l) transmit to the person in charge of any conformity verification:

    1) the accounting documents;

    2) the results of the assessments of the service carried out;

    3) certificates of any tests carried out.

     

    Article 7.

    Previews payments.

    1. For payments relating to supplies of materials intended for the Armed Forces, including the Carabinieri, and relating to activities, including training, carried out in the national territory or outside the national territory, payments on account can be made up to a maximum of 90 percent of the value of the supplies accepted following the conformity verification and delivered.

    2. For purchases made abroad by the defense administration, relating to machinery, instruments and precision objects, which can be supplied, with the required technical requirements and degree of perfection, only by foreign economic operators, advances of amount not exceeding one third of the total amount of the contract price, subject to the provision of suitable guarantee.

     

    Article 8.

    Types of purchases below the threshold functional to the maintenance of the structures and the continuity of institutional and operational activities of the defense administration.

    1. The following are normally awarded with the procedures referred to in article 50 of the code and awarded with the criterion of the lowest price, without prejudice to compliance with articles 48, 49, 51, 52, 53, 54, 55 and 56 of the code. supplies, having a repetitive nature, or standardized characteristics or conditions defined by the market:

    a) acquisition of goods and services to ensure the functioning of lighthouses and maritime signalling, telecommunications, flight assistance and air defense;

    b) acquisition of goods and services for the removal of obstacles of any kind to maritime and air navigation, as well as necessary for the usability of airfields and bodies of water intended for ditching of aircraft;

    c) acquisition of goods and services to ensure the operation and ordinary maintenance of the infrastructures in case of direct administration;

    d) expenses for the operation of the medical rooms and veterinary facilities, including the purchase of medicines, equipment and healthcare materials;

    e) expenses for the operation of the healthcare and veterinary service;

    f) expenses for the purchase of provisions, clothing, equipment, fuel, fuel lubricants and oxygen;

    g) expenses for the operation of military prisons;

    h) expenses aimed at guaranteeing the transport service of personnel and materials; expenses relating to special equipment;

    i) expenses relating to freight, packaging, customs clearance, storage, porterage, as well as loading and unloading of materials;

    l) expenses for the operation of military offices abroad;

    m) expenses for insurance policies;

    n) expenses for the purchase, rental, repair and maintenance of motor vehicles, including spare parts;

    o) expenses for the purchase and maintenance of terminals, personal computers, printers and IT equipment of various kinds and expenses for IT services; purchase, maintenance and repair of furniture, furnishings, air conditioners and equipment; expenses relating to the purchase of various non-original equipment; gymnastic-sports equipment and materials;

    p) expenses for the purchase, rental, installation, management and maintenance of reproduction systems and telephone, telegraph, radiotelephone, electronic, mechanical, television, amplification and diffusion systems sound;

    q) expenses for printing or lithography of publications and bulletins; purchase, rental and maintenance of equipment and materials for typography, lithography, graphic reproduction of documents, drawings and technical documents, bookbinding, cinematography and photography; purchase, rental and maintenance of calculation machines, microfilming services, as well as purchase and rental of accessory equipment and special and consumable materials and provision of services for electronic centers, radiotelegraph, mechanographic and telematic centers;

    r) expenses for cleaning and hygiene, rodent control, depollution, disinfestation of areas and rooms, waste collection and transport, emergency lighting, conservation of materials, purchase of packaging, the transport of materials and quadrupeds, as well as those for the laborers and to guarantee the safety, security, surveillance and control of the premises, barracks and military installations;

    s) expenses for lighting, telephone utilities, room heating, the supply of water, gas and electricity, including through the use of machines and related connection costs;

    t) conference costs , exhibitions, ceremonies;

    u) expenses for the purchase and binding of books, prints, official gazettes and collections; purchase of stationery, drawing materials and stamps; purchase or subscription to magazines, newspapers, publications, news agencies and press services; dissemination of competition notices or notices in the press or other media; expenses for the translation of documents and technical documents; expenses for the translation and processing of publications and magazines published by the Administration, including the payment of compensation to collaborators for the self-employed services provided by them;

    v) entertainment and information expenses , advertising and propaganda through press agencies, radio, television and cinema, for the decoration and furnishing of premises used for cultural and recreational activities;

    z) expenses for funeral honours, for historical museums, for the purchase of medals, ribbons, badges, seniority crosses, diplomas, tricolor sashes, flags and objects for awards;

    aa) expenses relating to military solemnities, national holidays, events and various occasions;

    bb) expenses for the well-being of staff;

    cc) expenses for training, physical education and sporting activity, maintenance, governance and the care of animals, for the purchase and maintenance of equipment materials, harnesses and shoes.

    2. In the cases referred to in paragraph 1, the holder of the spending power, when initiating the procedure, justifies the use of the procedures referred to in the same paragraph 1, as well as the choice of the lowest price criterion, justifying the purchase of the types referred to in the aforementioned paragraph 1.

     

    Article 9.

    Contracts relating to emergency competitions to support the Department ofprotectioncivile.

    1.To the contracts stipulated by the contracting authorities of the Ministry of Defense on behalf of the Armed Forces as structures national operations in support of the national civil protection service, the derogatory regime granted to the Head of the Civil Protection Department and any implementing bodies in execution of the adopted civil protection ordinances is extended.

     

  • Annex IV.1 Information to be included in the concession notices referred to in Article 182.

    (Article 182, paragraph 2)

     

    1. Name, identification number, address including NUTS code, telephone and fax number, e-mail address and website of the contracting authority or contracting entity and, if different, of the service which can provide further information.

    2. Type of contracting authority or contracting entity and main activity carried out.

    3. If the requests to participate must include the offers, e-mail address or website where free, direct and complete access to the tender documents is offered free of charge. If free, direct and complete access is not available, an indication of how to access the tender documents.

    4. Description of the concession: nature and quantity of the works, nature and quantity of the services, order of magnitude or indicative value, and, if possible, duration of the contract. If the concession is divided into lots, this information must be provided for each lot. If applicable, describe any options.

    5. CPV codes. If the concession is divided into lots, it is necessary to provide this information for each lot.

    6. NUTS code for the main place of execution of works in the case of works concessions or NUTS code for the main place of execution of service concessions; if the concession is divided into lots, it is necessary to provide this information for each lot.

    7. The conditions of participation, including:

    a) where applicable, indicate whether the concession is limited to sheltered workshops or whether the implementation is limited to sheltered work programs;

    b) if applicable, indicate whether by virtue of legislative, regulatory or administrative provisions, the provision of the service is reserved to a particular profession; also indicate the reference to the relevant legislative, regulatory or administrative provision;

    c) possibly a list and brief description of the selection criteria; specific minimum level(s) of capability, if any, required; indication of the information requested (self-certifications, documentation).

    8. Deadline for submitting requests to participate or for receiving offers.

    9. Concession award criteria if not included in other tender documents.

    10. Notice dispatch date.

    11. Name and address of the body responsible for appeal procedures and, where appropriate, mediation; precise information on the deadline for submitting appeals or, if necessary, name, address, telephone and fax numbers and e-mail address of the service competent to provide such information.

    12. Where appropriate, particular conditions to which the execution of the concession is subject.

    13. Address to which participation requests or offers should be sent.

    14. If applicable, indicate the requirements and terms related to the use of electronic means of communication.

    15. Information necessary to ascertain whether the concession is associated with a project or program financed with European Union funds.

    16. For works concessions, indicate whether the concession falls within the scope of the GPA.

     

  • Annex V.1 Arbitrators' compensation.

    (Articles 213, paragraph 15 and 214, paragraph 9)

     

    Article 1.

    Remunerations of referees.

    1. The Arbitration Chamber, upon proposal of the arbitration panel, determines with a specific resolution the remuneration of the arbitrators within the limits established by decree of the Ministry of Infrastructure and Transport. However, increases in maximum compensation linked to the particular complexity of the issues dealt with, the specific skills used and the actual work carried out are prohibited. The compensation for the arbitration panel, including any compensation for the secretary, cannot in any case exceed the amount of 100,000 euros, to be reevaluated every three years with the decrees and resolutions referred to in the first period. For public managers, the application of the limits referred to in article 23-ter of the legislative decree of 6 December 2011, n. 201, converted by law 22 December 2011, n. 214. The act of payment of the compensation and arbitration expenses, as well as the compensation and expenses for technical consultancy, constitutes title for the injunction referred to in article 633 of the code of civil procedure. Until the date of entry into force of the decree referred to in the first period, the regulations in force on the date of entry into force of this annex shall apply.

    2. The final fee for the resolution of the dispute is paid by the parties, in the amount paid by the Arbitration Chamber, within thirty days of communication of the award.

    3. The Arbitration Chamber provides for the payment of the fees and costs of technical consultancy, where required, pursuant to articles 49 to 58 of the consolidated text of the legislative and regulatory provisions relating to judicial costs, referred to in the decree of the President of the Republic 30 May 2002, n. 115, to the extent resulting from the application of the tables provided therein.

    4. The amounts of fees due for the resolution of disputes are directly paid to ANAC.

    5. Without prejudice to the provisions of article 92, second paragraph, of the code of civil procedure, the arbitration panel, if it partially accepts the request, compensates the costs of the proceedings in proportion to the ratio between the value of the request and that of the acceptance.

    6. The parties are jointly liable to pay the compensation due to the arbitrators and the expenses relating to the panel and the arbitral judgement, without prejudice to any compensation between them.

     

    Article 2.

    Roster of arbitrators, list of experts and list of secretaries.

    1. The Arbitration Chamber also takes care, in a separate section, of maintaining the list of experts for the appointment of technical consultants in arbitration proceedings. Those in possession of a degree and proven professional experience of at least five years are registered on the list, with relative registration in the professional register, if requested.

    2. The subjects referred to in paragraph 7 of article 214 of the code, as well as in paragraph 1 of this article, are respectively included in the register of arbitrators and in the list of experts, upon application accompanied by a CV and adequate documentation proving the requirements.

    3. Registration in the register of arbitrators and in the list of experts is valid for five years and can be obtained again one year after the expiry of the five-year period. Without prejudice to the provisions of article 53 of the legislative decree of 30 March 2001, n. 165, as amended by article 1, paragraph 42, letter l), of law 6 November 2012, n.190, during the period of membership, and in the following three years, the subjects registered in the register cannot carry out professional tasks in favor of the parties of the arbitration decisions decided by them, including the role of party arbitrator.

    4. The cases of recusal referred to in article 815 of the civil procedure code are reserved.

    5. For the cases referred to in Article 214, paragraph 9, of the Code, the Arbitration Chamber also takes care of maintaining the list of secretaries of the arbitration panels. Officials with a degree in legal or economic subjects or equivalent and, where necessary, in technical subjects, included in the roles of the public administrations referred to in Legislative Decree 30 March 2001, no., may be included in the list. 165, with a length of service of no less than five years. Any costs relating to the maintenance of the list are borne by the parties interested in registering, providing for this purpose suitable rates to ensure full coverage of the aforementioned costs.

     

  • Annex V.2 Procedure for establishing the Technical Advisory Board.

    (Article 215, paragraph 1)

     

    Article 1.

    Formation of the Board and compensation.

    1. The Technical Advisory Board (hereinafter also referred to as the «Board» or «CCT») is made up, at the choice of the contracting authority, of three members, or five in the case of justified complexity of the work and heterogeneity of the professional skills required, with experience and professional qualifications appropriate to the type of work, including engineers, architects, jurists and economists with proven experience in the sector of procurement, concessions and public investments, also in relation to the specific object of the contract.< /p>

    2. The members of the Board can be chosen by the parties by mutual agreement, or the parties can agree that each of them appoints one or two members, also identified among their own employees or among people linked to them by self-employment or collaboration relationships, including continuous in possession of the requirements set out in paragraph 1, and that the third or fifth member, with the functions of president, is chosen by the party-appointed members. In the event that the parties do not reach an agreement on the appointment of the president within the deadline indicated in paragraph 1 of article 2, this is designated within the following five days by the Ministry of Infrastructure and Transport for works of national interest, by the regions , from the autonomous provinces of Trento and Bolzano or from metropolitan cities for works of respective interest.

    3. The professional requirements and cases of incompatibility of the members and the President of the Technical Advisory Board, the preferential criteria for their choice are defined with specific Guidelines adopted by decree of the Minister of Infrastructure and Transport following the opinion of the Superior Council of Public Works. The same guidelines also define the parameters for determining the compensation which must be related to the value and complexity of the work, as well as the extent and duration of the commitment required and the number and quality of the decisions made. In the meantime, the guidelines approved by decree of the Minister of Sustainable Infrastructure and Mobility of 17 January 2022, published in the Official Gazette of the Italian Republic no. 55 of 7 March 2022, also subsequently amended.

    4. Article 813, second paragraph, of the civil procedure code applies to the members of the Technical Advisory Board.

    5. Without prejudice to the right of the members of the Technical Advisory Board to receive compensation paid by the parties proportionate to the value of the work, the number, quality and timeliness of the decisions taken, the fixed part of the compensation cannot exceed the amounts defined by the article 6, paragraph 7-bis, of the legislative decree of 16 July 2020, n. 76, converted, with amendments, by law 11 September 2020, n. 120. The compensation due to the members of the Board cannot exceed three times the fixed portion.

     

    Article 2.

    Constitution and establishment of the College.

    1. The Technical Advisory Board must be established on the initiative of the contracting authority before the start of execution or in any case no later than ten days from that date. Non-compliance or delay in the establishment of the CCT, in the case of assignments exceeding the threshold of European relevance, can be assessed both for the purposes of managerial and fiscal responsibility and, in the relations between the contracting authority and the economic operator, from the of contractual good faith. In case of failure to designate the members, the non-defaulting party may contact the president of the ordinary court where the contracting authority, identified as the headquarters of the CCT, is located.

    2. The CCT is intended to be established upon acceptance of the office by the president. Within the next fifteen days of acceptance, an establishment session of the Board must be held in the presence of the legal representatives of the parties, who are required to make a verbal declaration regarding the possible intention not to attribute the rulings of the Board with the value of a contractual award pursuant to the article 808-ter of the civil procedure code.

    3. In the minutes of the settlement session, taking into account the object and complexity of the contract, the frequency and methods of carrying out the meetings and any inspections are defined and, if the parties have not made use of the right to exclude that the decisions of the Board assume the nature of a contractual award, the terms and methods of carrying out the cross-examination are specified, specifying the dies a quo of the fifteen-day deadline for pronouncing the award.

      ;

    Article 3.

    Decisions of the Technical Advisory Board.

    1. The procedure for expressing the opinions or decisions of the CCT can be activated by either party or by both jointly by submitting a written question through a formal request directly to the CCT and to the other party. The burden of registering reserves according to current regulations remains unchanged. Requests for opinions or decisions from the CCT must be accompanied by all the documentation necessary to illustrate the reasons for the dispute, specifying what the proposed question is.

    2. In adopting its decisions, the Advisory Board can also operate via videoconference or any other remote connection.

    3. Without prejudice to what is specifically provided in the settlement minutes on the methods of carrying out the cross-examination, the Board is in any case entitled to proceed with informal hearings of the parties or summon the parties to allow the exposition of their respective reasons in cross-examination. However, the possibility of providing technical consultancy ex officio remains excluded.

    4. The decisions of the Technical Advisory Board are adopted with a deed signed by the majority of the members, within fifteen days starting from the date of communication of the question, if formulated jointly by the parties, or from the moment in which the formulation of several questions separately has been completed formulated by the parties regarding the same issue. The decisions can be made with a succinct justification which, if necessary, can be integrated in the following fifteen days, signed by the majority of the members. In case of particular investigative needs, decisions can be adopted within twenty days of communication of the questions. Decisions are taken by majority.

    5. When the provision that defines the judgment corresponds entirely to the content of the determination of the Advisory Panel, the judge excludes the reimbursement of the expenses incurred by the winning party who did not observe the determination, referable to the period following its formulation, and the sentence to the reimbursement of the expenses incurred by the losing party relating to the same period, as well as the payment to the State budget of a further sum corresponding to the unified contribution due. The applicability of articles 92 and 96 del civil procedure code.

     

    Article 4.

    < p>Forfeitures.

    1. Each member of the Technical Advisory Board cannot hold more than five roles at the same time and in any case cannot hold more than 10 roles every two years. In the event of a delay in the adoption of three decisions or a delay of more than sixty days in the adoption of even a single decision, the members of the Board cannot be re-appointed as members of other boards for a period of three years starting from the date of maturation of the delay.

    2. Only unjustified delay in adopting decisions constitutes a cause of liability towards the parties; in this case, the contracting authority may take the decisions within its competence regardless of the opinion of the Board.

     

    Article 5.

    Observatory.

    1. The Presidents of the consultative colleges ensure that the acts of establishment and dissolution of the College and the main rulings made by the College are sent to the permanent Observatory to ensure the monitoring of the activity of the technical consultative colleges established at the Superior Council of Public Works.

     

    Article 6.

    Optional establishment of the Technical Advisory Board

    1. The Technical Advisory Board referred to in article 218 of the code is made up of three members. Two members are appointed by the contracting authority and the third is appointed, for works of national interest, by the Ministry of Infrastructure and Transport and, for works of local interest, by the regions, by the autonomous provinces of Trento and Bolzano or from metropolitan cities. Without prejudice to any need to replace one of the members designated by the contracting authority with one privately appointed, the functions of a member of the technical advisory board appointed pursuant to this article are not incompatible with those of a member of the board appointed pursuant to the article 1.

     

  • Annex V.3 Formation methods for the control room.

    (Article 221, paragraph 1)

     

    Article 1.

    Composition.

    1. The control room referred to in article 221 of the code is composed of:

    a) a representative of the President of the Council of Ministers, with the functions of President;

    b) a representative of the Minister of Infrastructure and Transport;

    c) a representative of the Government's Extraordinary Commissioner for the reconstruction in the territories affected by the seismic events which occurred as of 24 August 2016;

    d ) a representative of the Mission Structure for the coordination of the reconstruction and development processes of the territories affected by the earthquake of 6 April 2009;

    e) a representative of the Minister of Business and Made in Italy;

    f) a representative of the Minister of the Environment and Energy Security;

    g) a representative of the Undersecretary to the Presidency of the Council with responsibility for innovation;

    h) a representative of the Minister of Tourism;

    i) a representative of the Minister of Culture;

    l) a representative of the National Anti-Corruption Authority;

    m) a representative of the Unified Conference;

    n) a representative of the Minister of Education and Merit.

    2. In case of absence or impediment, each member indicates a delegate.

     

    Article 2.

    Mode of operation.

    1. The meetings of the control room are convened by the President, specifying the list of topics on the agenda.

    2. At the end of the meetings of the Control Room, specific minutes are drawn up. These minutes are approved during the next meeting.

    3. At the invitation of the President, in relation to the topics to be discussed, representatives of the local authority system as well as representatives of trade associations may participate in the meetings of the Control Room.

    4. Up to three representatives chosen by the President of the Control Room, including members of civil society from the territorial areas, are permanently invited to the meetings referred to in paragraph 1.

    5. The Control Room, upon its installation, defines the further methods of its functioning.

    6. Each member of the Control Room undertakes to maintain maximum confidentiality on the data and information of which they become aware, in any capacity, during the meetings of the Control Room.

     

    Article 3.

    Seat.

    1 . The control room is located at the Presidency of the Council of Ministers. In relation to specific topics to be discussed, work meetings may be called at other locations.

     

    Article 4.

    Secretarial and support functions.

    1. A structure of the Presidency of the Council of Ministers carries out secretarial functions and ensures the necessary technical support.

    2. For the availability of information and data useful for its assessments, the Control Room may request the collaboration of the Reconstruction Coordination Room referred to in Article 1 of the Legislative Decree of 17 October 2016, n. 189, converted, with amendments, by law 15 December 2016, n. 229.

     

    Article 5

    Costs.

    1. No compensation is paid to the members of the control room, or their respective delegates.

    2. Any mission costs remain the responsibility of the Administrations to which the members belong or their delegates within the scope of pre-existing spending authorisations.

    3. The implementation of this annex must not result in new or greater burdens on public finances.