Art. 156. Creative competition

1. The provisions of this Chapter shall also apply to creative competitions aimed at acquiring a creative proposal to be remunerated by recognition of a suitable prize.

2. In addition to the parties allowed to participate in design competitions, the following shall also be allowed to participate in the creative competition: employees qualified to exercise a profession who are enrolled in the relative professional list in accordance with the national order to which they belong, in compliance with the rules governing the employment relationship, with the exclusion of employees of the contracting authority that organizes the competition.

3. The competitors shall prepare a creative proposal in the most suitable form for its correct representation. The notice of the competition cannot request plans for the work of a level equal to or greater than those required for the technical and economic feasibility study. The deadline for the presentation of the proposal must be established in relation to the importance and complexity of the theme and cannot be less than sixty days from the publication of the notice of the competition. Participation must be in an anonymous form.

4. The notice of the competition must provide for a suitable prize for the party or parties who have drawn up the ideas considered to be the best.

5. The award-winning idea or ideas shall be acquired by the contracting authority, subject to any definition of the technical aspects, which can be used as the basis for a design competition or for a contract award of design services. The winners shall be allowed to participate in the tender procedure if they have the relative subjective prerequisites.

6. The contracting authority can entrust to the winner of the creative competition with the realization of the subsequent levels of design, through a negotiated tender procedure without a public call to tender, on the condition that such option was explicitly stated in the notice of the competition, and that the party has the required professional, technical and economic skills provided in the notice in relation to the design levels to be developed.

7. In the case of interventions of particular importance and complexity, the contracting authority can conduct a design competition articulated in two phases. The second phase, whose object is the presentation of the feasibility study, or of a final project at an architectural level and at the level of a feasibility study for the structural and plant engineering part, shall take place among the parties identified up to a maximum of ten, through the evaluation of creative proposals submitted during the first phase and selection, without creating rankings of merit and the award of prizes. Among the parties selected to participate in the second phase, at least 30 percent of the parties who receive assignments, individually or in an associated form, must be enrolled for less than five years in their relative professional registers. In the case of a team, the above requirement must be held by the head of the team. A reimbursement of expenses equal to 50 percent of the amounts envisaged for expenses as calculated by the Decree on professional fees set forth in paragraph 8 of Article 24 shall be paid to the selected parties who have been enrolled for less than five years. For the other selected parties, whether individuals or in an associated form, the above reimbursement shall be equal to 25 percent. The winner of the competition, if in possession of the prerequisites, can be entrusted with the assignment for the executive design, on the condition that such possibility and the relative consideration are provided for in the notice of the competition.
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