Art. 181. Tender procedures

1. The choice of economic operator shall be made using public tenders, including through competitive negotiation.

2. The contracting authorities shall award contracts basing the tender on the final project and a draft contract and financial-economic plan that govern the allocation of risks between the contracting authority and the economic operator.

3. The choice shall be preceded by an adequate preliminary review with reference to an analysis of the supply and demand, and the financial-economic and social-economic sustainability of the transaction, the nature and intensity of the different risks present in the partnership transaction, including by using evaluation techniques through comparison tools to verify the convenience of the use of forms of public-private partnership in alternative to direct realization using normal tender procedures.

4. The contracting authority shall exercise control over the activity of the economic operator through the preparation and implementation of monitoring systems, in the manner defined by the guidelines adopted by ANAC, having heard the Ministry of the Economy and Finance, within ninety days from the entry into force of this Code, verifying in particular the permanence of the risks transferred to the economic operator. The economic operator is obliged to collaborate and actively contribute to such systems. Guideline ANAC no. 9: Resolution no. 318 of March 28, 2018. Published in the Italian Official Gazette, General Series no. 92 of April 20, 2018 concerning: Monitoring by contracting authorities on the activity of the economic operator in public-private partnership contracts.