Art. 30. Principles for the award and execution of procurements and concessions
1. The award and execution of works, services and supplies contracts and concessions within the meaning of this Code shall ensure the quality of the performances and shall be carried out with respect to the principles of cost-effectiveness, efficacy, timeliness and correctness. In awarding contracts and concessions, the contracting authorities shall also respect the principles of competition, non-discrimination, transparency, proportionality, as well as publicity, according to the modalities indicated in this Code. The principle of cost-effectiveness may be derogated, within the limits in which it is expressly allowed for in current legislation and in this Code, by criteria, provided in the call for competition, inspired to social exigencies, as well as to the safeguard of health, environment, cultural heritage and the promotion of sustainable development, also under a energy standpoint.
2. Contracting authorities or entities cannot artfully limit competition in any way in order to unduly favour or disadvantage some economic operators or, in the award procedures for concessions, including the estimate of value, some works, supplies or services.
3. In the execution of public contracts and concessions, economic operators comply with obligations in the fields of environmental, social and labor law established by Union and national law, collective agreements or by the international provisions listed in Annex X.
4. To the personnel employed in works, services and supplies constituting the subject-matter of public contracts and concessions shall be applied the national and territorial collective agreement in force for the sector and area in which provisions for work agreed upon by the association of employers and work providers comparatively more representative at the national level and those whose scope of application is closely linked to the activity constituting the subject-matter of the contract or concession executed by the undertaking also in a prevalent manner.
5. In case of contributory default resulting from the single document of contributory regularity relating to the personnel employed by the contractor, subcontractor or titular subjects of subcontracts or piecework as referred to in Article 105, employed in the execution of the contract, the contracting authority or entity shall keep from the certification of payment the amount corresponding to the default for the subsequent direct payment to the social security and insurance entities, including, in the field of works, the construction workers' social security fund.
5-bis. In any case on the net progressive amount of the provisions a withholding fee of 0,50% shall be operated; the withholdings may be released at the moment of the final liquidation, after the approval by the contracting authority or entity of the certification of testing or verification of conformity, after the issuance of the single document of contributory regularity.
6. In case of delayed payment of the salary to the personnel referred to in paragraph 5, the official responsible of the procedure shall invite in writing the defaulting subject, and in any case the contractor, to provide within 15 days. Where the validity of the request has not been formally and justifiably challenged within the abovementioned time limit, the contracting authority or entity shall pay also during construction directly to workers the outstanding remuneration, deducting the relevant amount from the sums due to the contractor or from the sums due to the defaulting subcontractor in case the payment is provided within the meaning of Article 105.
7. The criteria for participating to tenders shall be such as not to exclude micro-enterprises, small and medium enterprises.
8. For what not expressly provided for in this Code and in the implementing acts, the award procedures and other administrative acts in the field of public contracts provisions in law n. 241 of 7 August 1990 shall apply, to the conclusion of the contract and to the execution phase the provisions in the Civil Code shall apply.
Il primo portale web, liberamente accessibile, interamente dedicato al Codice degli Appalti (D.Lgs 163/2006)