Art. 110. Award procedures in the event of the bankruptcy of the performer or the termination of the contract and extraordinary management measures

1. The contracting entities in the event of bankruptcy, compulsory liquidation, voluntary arrangement with creditors, collective insolvency proceedings, the winding up of the contractor or the contract is terminated pursuant to Article 108, or the contract is cancelled the pursuant to Article 88, paragraph 4-ter, of Legislative Decree No. 159 of September 6 2011, or in the event of a judicial declaration of the nullity of the contract, progressively challenge the parties that participated in the original tendering procedure, resulting from the relevant ranking, in order to enter into a new tendering contract of the performance or completion of the works, services or supplies.

2. The awarding takes place under the same conditions as already proposed by the original tenderer when the bid was made.

3. The insolvency administrator authorized to manage the undertaking on a provisional basis, or the company admitted to the arrangement with creditors without business interruption by permission of the court may:

a) Participate in procedures for the award of concessions and contracts for works, supplies and services or to be awarded subcontracts

b) Perform contracts already stipulated by the failed company or admitted to the agreement with business continuity.

4. The company admitted to an arrangement with creditors without business interruption does not require pooling with third parties. The company admitted to the agreement with a sale of goods or that submitted an application for an agreement pursuant to Article 161, sixth paragraph, of Royal Decree No. 267 of March 16 1942, may carry out the contracts already concluded, upon the authorization of the Presiding Judge.

5. ANAC, after consulting with the Presiding Judge, may make participation in the tender, granting of sub-contracting and entering into the pertinent contracts conditional on the requirement that the insolvency administrator, or the undertaking admitted to arrangement with creditors, rely on another operator satisfying the general, financial, technical, economic and certification requirements set out in the Tender Notice, which undertakes vis-a-vis the Tenderer and the contracting authority to make available, throughout the term of the contract, the resources necessary to perform the contract and to replace the lead company if the latter, during the tender, or after the agreement has been entered into, is no longer able for any reason to ensure the proper performance of the tender or the concession, in the following cases.

a) If the undertaking is not up-to-date with the payments of employee salaries and social security contributions

b) If the undertaking does not have the additional requirements that ANAC identifies with specific guidelines

6. The provisions of Article 32 of Legislative Decree No. 90 of June 24 2014, converted with amendments by Law No. 114 of August 11 2014, on extraordinary measures of enterprise management in the area of corruption prevention remain valid.