1. This Code establishes rules on public procurement contracts and concession contacts by contracting authorities and contracting entities of services, supplies, works as well as on designs contests.
2. This Code definitions apply as well to the awarding of the following contracts as well:
a) works contracts which are subsidized directly by contracting authorities by more than 50 % and the estimated value of which is equal to or greater than EUR 1 000 000, where those contracts involve one of the following activities:
i) civil engineering activities as listed in Annex I,
ii) building work for hospitals, facilities intended for sports, recreation and leisure, school and university buildings and buildings used for public purposes;
b) service contracts which are subsidized directly by contracting authorities by more than 50% and the estimated value of which is equal to or greater than the thresholds provided at Article 35 and which are connected to a works contract as referred to in point a).
c) works contracts awarded by works concessionaires which are not contracting authorities
d) works contracts awarded by services concessionaires whereby they are strictly functional to the management of the service and the public works are transferred to the contracting authority.
e) works contracts to be performed by private entities holders of building permit or other title, which directly assume the execution of the planning works as total or partial deduction to the fee requested for the release of the building permit, as provided at Article 16, par. 2, decree of the President of the Republic 6 June 2001, n. 380 and Article 28, par. 5, law 17 August 1942, n. 1150, or they realized the work under a conventional framework. The authority which releases the building permit may establish that, with regard to the realization of the planning works, who is entitled to ask the release of the permit discloses to the authority itself, while applying for the permit, a technical and economical feasibility study of the works to be realized, with the due indication of the deadlines, and by attaching the scheme of the related procurement contract. The authority, on the basis of the technical and economical feasibility study runs a public tender according to the procedures provided at Article 60 or at Article 61. Objects of the contract, subject to acquisition of the final project at the offer phase, are the final design and the realization of works. The offer shall distinguish the prices for the final design, for the realization for the works and for occupational safety.
3. With regard to subjects at par. 2, letters a), b), d) and e), Article 21, as much as the planning of public works is concerned, and Articles 70 and 113 do not apply. With regard to the execution phase of the contacts only the provisions about the acceptance shall apply. Publicly held companies, even whereas not fully owned, which nonetheless are not bodies governed by public law, whose activity is the realization of works, or the production of goods and services which are not meant to be placed in the market under competition law, are subjected to the rules provided by the Regulation on local public services of general economic interest and, with regard to company law, by the Regulation on public held companies. To the same companies and to the contracting entities which award works, services, supplies, of which at Article 3, par. 1, letter e), number 1, if, according to Article 28, rules of Part II, but for Title VI, Chapter I, shall apply, Article 21, as much as the planning of public works is concerned, and Articles 70 and 113 do not apply. With regard to the execution phase of the contacts only the provisions about the acceptance shall apply.
4. Contracting authorities that grant the subsidies of which at par. 2, letters a) and b) ensure the compliance with the rules of the Code whereas they do not award the procurement contracts subsidized by themselves or when they award procurement contracts in the name and on behalf of other entities.
5. The measure ensuring the subsidy of which at par. 2, letters a) and b) must contain a conditional clause that submits the subsidy to the recipient’s compliance with the rules of the Code. The 50 per cent of the subsidies might be given only once the award of the procurement has been done, subject to verify by the granting entity that the award itself has been carried out in compliance with the Code, without prejudice to what provided by any law regulating the subsidies. The lack of compliance with the Code is a ground for the forfeiture of the subsidy.
6. The Code applies to the public contracts in the fields of defense and security, save for:
a) contracts falling within the scope of application of legislative decree 15 November 2011, n. 208;
b) which are not subjected to the legislative decree 15 November 2011, n. 208 thanks to Article 6 of the same decree.
7. The Minister for Foreign Affairs and for International Cooperation adopts, subject to an agreement with ANAC, general directives for ruling the tender procedure for the selection of tenderers and execution of the contract to be performed abroad, with due account of the fundamental principles of the Code and of the procedures applied by the European Union and by the international organizations which Italy is part of. The application of the Code to the award procedure realized in Italy shall apply. Until the aforementioned general directives shall not be adopted, Article 216, par. 26 will apply.
8. Any references to nomenclatures in the context of public procurement and of the awarding of concession contracts shall be made using the Common Procurement Vocabulary (CPV) of which at Article 3, par. 1, lett. tttt).
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