Art. 191. Sale of real property in exchange for work

1. The call to tender can provide as consideration, in all or in part, for the transfer to the successful tenderer or, if the successful tenderer is interested, to a third party that it indicates, as long as such party has the prerequisites set forth in Article 80, of the ownership to the real property belonging to the contracting authority, already indicated in the three-year program for works or in the pre-information notice for services and supplies, which, based on a reasoned assessment by the contracting authority or contracting entity, no longer has public interest functions.

2. Real property that is already included in divestment plans can also be transferred, as long as prior to the publication of the call to tender or notice of transfer, or if the divestment procedure had a negative result.

2-bis. The value of the real property to be transferred after the tender procedure shall be established by the RUP based on the market value determined through the competent offices that own the property that is the object of the transfer.

3. The call to tender can provide that the transfer of the real property and consequent entry into possession occurs prior to the completion of the work, subject to the provision of a suitable performance bond for a value equal to the value of such real property. The performance bond issued by the parties set forth in Article 93, paragraph 3, shall expressly provide for the waiver of the benefit of the prior enforcement against the main debtor, waiver of the exception set forth in Article 1957, paragraph 2 of the Italian Civil Code, as well as the enforcement of such guarantee within 15 days upon the simple written request of the contracting authority. The performance bond shall be progressively released in the manner provided with reference to the final security.
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