Art. 192. Special regime for in-house awards

1. ANAC shall create, also to guarantee adequate levels of public notice and transparency in public contracts, a list of the contracting authorities and contracting entities operating through direct awards to their in-house companies as set forth in Article 5. Entry in the list is done upon request, after the existence of the prerequisites has been established, in the manner and in accordance with the criteria that the Authority shall determine by its own act. The Authority for the collection of information and control of the above requirements shall act using IT procedures, including through connection, based on specific conventions with the relative systems used by other Public Administrations and other parties operating in the public contracts sector. The application for registration allows the contracting authorities and contracting entities, under their responsibility, to make direct awards of contracts to the instrumental entity. The above is without prejudice to the obligation of publication of the acts related to the direct award in accordance with paragraph 3. see Guideline ANAC no. 7: Resolution no. 951 of September 20, 2017, published in the Italian Official Gazette, General Series no. 236 of October 9, 2017 concerning: Enrolment in the list of the contracting authorities and entities operating by means of direct awards towards their own in-house companies according to art. 192 of Legislative Decree no. 50/2016.

2. For purposes of an in-house award of a contract whose object regards services available in the market in a free market regime, the contracting authorities shall make a prior assessment of the economic fairness of the offer of the in-house parties, considering the object and value of the service, and reporting in the justification of the award measure the reasons why recourse was not made to the market, as well as benefits to society of the prechosen form of management, including with reference to objectives of universality and sociality, efficiency, cost-effectiveness and the quality of the service, as well as the optimum use of public resources.

3., All acts related to the award of public works contracts and concession agreements among entities in the public sector, if not classified as confidential in accordance with Article 162, shall be published and updated, in accordance with the provisions set forth in Legislative Decree No. 33 of 14 March 2013, in open-data format, in the principal’s profile in the transparent Administration section.