Art. 187. Financial leasing of public works or works of public utility

1. For the realization, acquisition and completion of public works or works of public utility, the principals who must apply this Code can also use financial leasing contracts, which constitute public works contracts, unless the latter have a merely accessory nature with respect to the main object of such contract.

2. In the cases set forth in paragraph 1, the call to tender, without prejudice to the other indications provided by this Code, shall establish the subjective, functional, economic, technical- operational and organizational requirements for participation, the technical and aesthetic characteristics of the work, the costs, timeframe and guarantees for the transaction, as well as the technical and financial-economic assessment parameters of the most advantageous economic offer.

3. The tenderer set forth in paragraph 2 can also be a temporary join venture composed of the lender and the party carrying out the work, each responsible, in relation to the specific obligation undertaken, or a general contractor. In the case of bankruptcy, breach or the occurrence of any event that would impede compliance with the obligation by one of the two parties that compose the temporary joint venture, the other can substitute it, with the consent of the principal, with another party having the same prerequisites and characteristics.

4. The fulfilment of the commitments of the contracting authority shall, however continue to be conditioned on the positive outcome of the control of the realization and functional management of the work in the manner prescribed.

5. The lender, authorized in accordance with Legislative Decree No. 385 of 1° September 1993 and subsequent modifications, must demonstrate to the contracting authority that it has the necessary means to perform the contract, if such is the case using the resources of other parties, including in temporary joint venture with an operational party. The tenderer can also be a general contractor.

6. The contracting authority shall base the tender at least on a feasibility study. The successful tenderer shall prepare the following design levels and the performance of the work.

7. The work that is the object of the financial leasing contract can follow the regime on public works for urban planning, construction and expropriation purposes; the work can be realized in an area available to the successful tenderer.