Art. 139. Individual reports on procedures for the award of contracts

1. Contracting entities shall keep appropriate information on each contract or framework agreement covered by the present Code and each time a dynamic purchasing system is established. This information shall be sufficient to permit them at a later date to justify decisions taken in connection with:

a) the qualification and selection of economic operators and the award of contracts;

b) the use of negotiated procedures without a call for competition by virtue of Article 125;

c) the non-application of the provisions on techniques and tools for electronic and aggregated procurement and tools and the provisions on the procedures for the selection of the contractor of this code in light of the exceptions provided for therein;

d) where necessary, the reasons why other means of communication than electronic means for the electronic submission have been used.

2. To the extent that the contract award notice drawn up pursuant to Article 129 or Article 140 3) contains the information required in this paragraph, contracting entities may refer to that notice.

3. Contracting entities shall document the progress of all procurement procedures, whether or not the procedures are conducted by electronic means. To that end, they shall ensure that they keep sufficient documentation to justify decisions taken in all stages of the procurement procedure, such as documentation on communications with economic operators and internal deliberations, preparation of the procurement documents, dialogue or negotiation if any, selection and award of the contract. The documentation shall be kept for at least five years from the date of award of the contract or in the event of a dispute pending, until the relevant sentence has passed.

4. The information or documentation or the main elements shall be communicated to the “Cabina di Regia” referred to in Article 212, for any subsequent communication to the Commission or to the competent authorities, bodies or structures.
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