Art. 162. Sealed contracts

1. The provisions of this Code relating to tender procedures can be waived:

a) for contracts whose object, acts or manner of execution is attributed with a secrecy classification;

b) for contracts whose execution must be accompanied by special security measures, in accordance with legislative, regulatory or administrative provisions.

2. For purposes of the derogation set forth in paragraph 1, clause a), the user administrations and entities shall attribute, by a reasoned measure, the secrecy classifications in accordance with Article 42 of Law No. 124 of 3 August 2007, or other current regulations. For purposes of the derogation set forth in paragraph 1, clause b), the user administrations and entities shall declare, by a reasoned measure, the works, services and supplies to be provided using special security measures identified in the above measure.

3. The contracts set forth in paragraph 1 shall be carried out by economic operators who have the prerequisites provided by this Decree and the security clearance, in accordance with and within the limits set forth in Article 42, paragraph 1-bis of Law No. 124 of 2007.

4. The award of the contracts set forth in this Article shall take place after an informal tender for which at least five economic operators are invited, if there are that number of qualified parties in relation to the object of the contract and as long as the negotiation with more than one economic operator is compatible with the needs of secrecy and security.

5. The Court of Accounts, through one of its offices organized in such a way as to safeguard the needs for secrecy, shall exercise preventive control on the legitimacy and regularity of the contracts set forth in this Article, as well as on the regularity, fairness and effectiveness of the management. The activity set forth in this paragraph shall be accounted for within 30 June of each year in a report to Parliament.