Art. 21. Purchasing program and public works schedule

1. Contracting authorities shall adopt the biennial program of purchase of goods and services and the triennial program of public works, as well as the relevant annual updates. The programs shall be approved in accordance with the programming documents and in coherence with the budget and, for local authorities, in accordance with the norms regulating the economic and financial programming of those subjects.

2. Unfinished public works shall be included in the triennial program referred to in paragraph

0, for the purpose of their completion or for the identification of alternative solutions such as the reuse, also downscaling, the sale made as compensation for the realization of another public work, the sale or demolition.

3. The triennial program of public works and the relevant annual updates shall include the works whose estimated amount is equal to or exceeds € 100,000 and shall indicate, after the attribution of the unique project code provided for in Article 11 of law n. 3 of 16 January 2003, the works to be commenced within the first year, for whom indication of the financial means allocated in the estimates or in the budget, or otherwise available on the basis of contribution or resources of the State, regions with ordinary statute or other public entities shall be indicated. For works whose amount is equal to or exceeds € 1 million, for the purposes of the inclusion in the annual list, contracting authorities shall previously approve the project of technical and economic feasibility. For the purposes of the inclusion in the triennial program, contracting authorities shall previously approve, where appropriate, the document of feasibility of alternative designs as referred to in Article 23, paragraph 5.

4. In the framework of the program referred to in paragraph 3, contracting authorities shall identify also complex works and interventions capable of being realized through concession contracts or public-private partnership.

5. When listing the sources of financing, also the immovable goods that may be the object of a sale shall be indicated. Immovable goods at disposal granted in right to use, by way of contribution, whose use is instrumental and technically connected to the work to be awarded in concession shall be also indicated.

6. The biennial program of supplies and services and the relevant annual updates shall include the purchases of goods and services whose unitary estimated value is equal to or exceeds € 40,000. In the framework of the program, contracting authorities identify the needs that can be met through private capitals. Public administrations shall notify, within the month of October, the list of acquisitions of supplies and services whose amount exceeds € 1 million that they provide to include in the biennial program, to the Technical board of the subjects referred to in Article 9, paragraph 2 of law n. 66 of 24 April 2014, converted with modifications by law n. 89 of 23 June 2014, which shall make use of them for the purpose of delivering the tasks and activities attributed to it. For the acquisition of informatics and connectivity goods and services contracting authorities shall take into account what provided for in Article 1, paragraph 513 of law n. 208 of 28 December 2015.

7. The biennial program of purchases of goods and services and the triennial program of public works, as well as the relevant annual updates, shall be published on the buyer's profile, on the website of the Ministry of Infrastructures and Transports and of the Observatory referred to in Article 213, also by means of the digital systems of the regions and autonomous provinces referred to in Article 29, paragraph 4.

8. By means of a decree of the Minister of Infrastructures and Transports, in accordance with the Minister of Economics and Finances, to be adopted within 90 days from the entry into force of this Decree, after having obtained the opinion of the CIPE, in agreement with the Unified Conference, shall be defined:

a) the modalities of updating the programs and relevant annual lists;

b) the criteria for the definition of the priority orders, for the possible subdivision in functional lots, as well as for the recognition of the conditions allowing for the modification of the program and the realization of an intervention or a purchase not provided for in the annual list;

c) the criteria and modalities to favor the completion of unfinished works;

d) the criteria for the inclusion of works in the program and the minimum level of design required for each typology and class of amount;

e) the model schemes and minimum information to be contained therein, also identified in coherence with the standards of informative and publicity obligations relating to contracts;

f) the modalities of connection with the planning of the activities of the aggregating subjects and the central purchasing bodies to whom the contracting authority or entity delegate the award procedure.

8-bis. The provisions in this Article shall not apply to the planning of the activities of the aggregating subjects and of the central purchasing bodies.

9. Until the adoption of the decree referred to in paragraph 8, Article 216, paragraph 3 shall apply.
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