Art. 29. Principles on transparency

1. All acts by contracting authorities and contracting entities relating to the planning of works, services and supplies, as well as to the procedures for the award of public contracts of services, supplies and works, of public design contests, contests of ideas and concessions including those among entities in the framework of the public sector as referred in Article 5, to the composition of the jury and to the curricula of its members, where not considered relevant within the meaning of Article 53 or secret within the meaning of Article 162, shall be published and updated on the buyer's profile, in the section "Transparent Administration" with the implementation of the provisions referred to in legislative decree n.33 of 14 March 2013. For the purpose of allowing the possible proposition of the appeal within the meaning of Article 120, paragraph 2-bis, of the Code of Administrative Procedure shall also be published within 2 days from the date of adoption of the relevant acts, the provision determining the exclusions from the award procedure and the admissions to the result of the verification of the documentation testifying the absence of the reasons of exclusion set out in Article 80, as well as the subsistence of the economic and financial requirements and of the technical and professional requirements. Within that same time limit of 2 days, notice shall be given to candidates and tenderers, through the modalities set out in Article 5-bis of legislative decree n. 82 of 7 March 2005, Code of Digital Administration or similar instrument in other Member State, of such a provision, by indicating the office or digital link with reserved access where the relevant acts are available. The time limit for appeal set out in the abovementioned Article 120, paragraph 2-bis, shall run from the moment in which the acts referred to in the second period are made concretely available, accompanied by the justification. In the same section shall also be published also the transcripts of the financial management of the contracts at the end of their execution with the modalities provided for in legislative decree n. 33 of 14 March 2013. The acts referred to in this paragraph shall state, in the header or at the bottom, the date of publication on the buyer's profile. This without prejudice to the acts to which Article 73, paragraph 5 shall apply, the time limit to which the legal effects of the publication are connected shall run from the publication on the buyer's profile.

2. The acts referred to in Article 1, in accordance with what provided for in Article 53 shall also published on the website of the Ministry of Infrastructures and Transports and on the digital platform established at the ANAC, also by means of the regional digital systems, within the meaning of paragraph 4, and the regional e-procurement platforms interconnected by means of applicative cooperation.

3. Regions and the autonomous provinces of Trento and Bolzano shall cooperate with State bodies for the safeguard of transparency and legality in the public procurement sector. In particular, they shall act in the territories by supporting contracting authorities or entities in the implementation of this Code and in the monitoring of the different phases of planning, award and execution of the contracts.

4. For contracts and public investments of regional or local entities' competence, contracting authorities or entities shall fulfil their duties of information and publicity provided for in this Code, by means of regional digital systems and interconnected computerized platforms of e- procurement, ensuring the interchange of information and interoperability, with databases from ANAC, the Ministry of Economics and Finances and the Ministry of Infrastructures and Transports.

4-bis. The Ministry of Economics and Finances, the Ministry of Infrastructures and Transports, ANAC and the Conference of Regions and autonomous provinces for those systems referred to in paragraphs 2 and 4 shall share a general protocol aimed at defining the rules for interoperability and the modalities of interchange of data and acts among their respective databases, in accordance with the principle of uniqueness of the place of publication and uniqueness of the submission of information. For public works, the protocol shall be based on what provided for in legislative decree n. 229 of 29 December 2011. The set of shared data and acts in the framework of the protocol shall constitute a priority information source in the field of planning and monitoring of public contracts and investments. paragraph introduced by legislative decree no. 50/2017 in force from 20-5-2017
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