Art. 35. Community relevance thresholds and methods of calculation of the estimated amount of contracts)

1. For the implementation of this Code, the thresholds of EU relevance are:

a) euro 5.225.000 for public works contracts and concessions;

b) euro 135.000 for public supply and services contracts and for public design contests awarded by contracting authorities that are central governmental authorities identified in Annex III; where public supply contracts are awarded by contracting authorities operating in the field of defense, that threshold shall apply only to contracts concerning products covered by Annex VIII;

c) euro 209.000 for public supply and service contracts and for public design contests awarded by sub-central contracting authorities, that threshold shall also apply to public supply contracts awarded by central government authorities that operate in the field of defense, where those contracts involve products not covered by Annex III;

d) euro 750.000 for social services and other specific services contracts covered in Annex IX.

REGULATION (EU) 18/12/2017 n. 2364, n. 2365, n. 2366, n. 2367, in force from 1-1- 2018, amended the application thresholds for the procedures for the award of contracts: from Euro 418.000 to Euro 443.000; from Euro 5.225.000 to Euro 5.548.000

2. This Code shall also apply to public contracts in the special sectors, whose value, net of value- added tax, is be equal to or greater than the following thresholds:

a) EUR 5.225.000 for works contracts;

b) EUR 418 000 for supplies and services contracts as well as for design contests;

c) EUR 1.000.000 for services contracts, for social and other specific services listed in Annex IX.

REGULATION (EU) 18/12/2017 n. 2364, n. 2365, n. 2366, n. 2367, in force from 1-1- 2018, amended the application thresholds for the procedures for the award of contracts: from Euro 5.225.000 to Euro 5.548.000; from Euro 135.000 to Euro 144.000; from Euro 209.000 to Euro 221.000

3. The thresholds in this Article shall be periodically updated by means of a decision of the European Commission, which shall find direct application since the date of publication in the Official Journal of the European Union.

4. The calculation of the estimated value of a public works, services and supplies procurement shall be based on the total amount payable, net of VAT, estimated by the contracting authority or the contracting entity. The calculation takes into account the maximum estimated value, including any form of option and any renewal of the contract as explicitly set out in the procurement documents. Where the contracting authority or contracting entity provide for prizes or payments to candidates or tenderers, they shall take them into account when calculating the estimated value of the procurement.

5. Where a contracting authority or a contracting entity are comprised of separate operational units, the total estimated value if the procurement shall take into account the total estimated value for all the individual operational units. Where a separate operational unit is independently responsible for its procurement or certain categories thereof, the value of the procurement may be estimated with reference to the value estimated by the separate operative unit.

6. The choice of the method used to calculate the estimated value of a procurement or concession shall not be made with the intention of excluding it from the scope of the dispositions in this Code relating to the EU thresholds. A procurement shall not be subdivided with the effect of preventing the application of the norms in this Code, unless justified by objective reasons.

7. The estimated value of the procurement shall be quantified at the moment at which the contract notice is issued or a call for competition is sent, or, in cases where a call for competition is not foreseen, at the moment at which the contracting authority or the contracting entity commences the award procedure.

8. With regard to public works contracts, the calculation of the estimated value shall take account of both the cost of the works and the total estimated value of the supplies and services that are made available to the contractor by the contracting authority or contracting entity, provided that they are necessary for executing the works. The value of the supplies and services not necessary to the execution of a specific works contract shall not be added to the value of the works procurement in a way to exclude the purchase of these supplies and services from the application of this Code.

9. For works and services contracts:

a) where a proposed work or a proposed provision of services may result in contracts being awarded simultaneously in the form of separate lots, account shall be taken of the total estimated value of all such lots;

b) where the aggregate value of the lots is equal to or exceeds the threshold laid down in Article 4 the dispositions of this Code shall apply to the awarding of each lot.

10. For supplies contracts:

a) where a proposal for the acquisition of similar supplies may result in contracts being awarded simultaneously in the form of separate lots, in the application of thresholds as referred to in paragraphs 1 and 2 the total estimated value of all such lots is calculated;

b) where the aggregate value of the lots is equal to or exceeds the thresholds laid down in paragraphs 1 and 2, the provisions of this Code shall apply to the awarding of each lot.

11. Notwithstanding paragraphs 9 and 10, contracting authorities or contracting entities may award contract for individual lots without applying the procedures in this Code, when the estimated value net of VAT of the lot is less than euro 80.000 for supplies or services or euro 1.000.000 for works, provided that the aggregate value of the lots awarded shall not exceed 20% of the aggregate value of all the lots into which the proposed work, the proposed acquisition of similar supplies or the proposed provision of services has been divided.

12. Where public supply or service contracts which are regular in nature or which are intended to be renewed within a given period, the base for the calculation of the estimated value of the contract shall be:

a) the total actual value of the successive contracts of the same type awarded during the preceding 12 months or financial year adjusted, where possible, to take account of the changes in terms of quantity or value which would occur in the course of the 12 months following the initial contract;

b) the total estimated value of the successive contracts awarded during the 12 months following the first delivery, or during the financial year where that is longer than 12 months.

13. With regard to public supply contracts relating to the leasing, hire, rental or hire-purchase of products, the value to be taken as a basis for calculating the estimated contract value shall be as follows:

a) in the case of fixed-term public contracts, where that term is less than or equal to 12 months, the total estimated value for the term of the contract or, where the term of the contract is greater than 12 months, the total value including the estimated residual value;

b) in the case of public contracts without a fixed term or the term of which cannot be defined, the monthly value multiplied by 48.

14. With regard to public service contracts, the value on the basis of which the estimated value of the contract shall be calculated, according to the kind of services, is the following:

a) for insurance services: the premium payable and other forms of remuneration;

b) for banking and other financial services: the fees, commissions payable, interests and other forms of remuneration;

c) for design contracts: fees, commissions payable and other forms of remuneration;

d) for public services contracts which do not indicate a total price:

1) in the case of fixed term contracts, where that term is less than or equal to 48 months, the total estimated value for their full term;

2) in the case of contracts without a fixed term or for with a term greater than 48 months, the monthly value multiplied by 48.

15. The calculation of the estimated value of a mixed contract of services and supplies shall be based on the total value of the services and supplies, irrespective of their respective quotes. This calculation shall include the value of the operations of siting and installation.

16. With regard to framework agreements and dynamic purchasing systems, the value to be taken into consideration shall be the maximum estimated value net of VAT of all the contracts envisaged for the total term of the framework agreement or the dynamic purchasing system.

17. In the case of innovation partnerships, the value to be taken into consideration shall be the maximum estimated value net of VAT of the research and development activities to take place during all stages of the envisaged partnership as well as of the supplies, services or works to be developed and procured at the end of the envisaged partnership.

18. On the value of the procurement contract shall be calculated the amount of the anticipation of price of 20% to be paid to the contractor within 15 days from the effective initiation of the works. The delivery of the compensation shall be subjected to the provision of a financial or insurance guarantee for an amount equal to the anticipation plus the legal interest rate applied for the period necessary for the recovery of that same anticipation according to the timetable of the works. The abovementioned guarantee shall be issued by authorized bank enterprises within the meaning of legislative decree n.385 of 1 September 1993, or insurances authorized to cover those risks to whom the insurance refers to and can meet the solvency requirements provided for in the laws regulating the relevant activity. The guarantee may also be issued by financial intermediaries enrolled in the financial intermediaries register provided for in Article 106 of legislative decree n. 385 of 1 September 1993. The amount of the guarantee shall be gradually and automatically reduced during the course of works, in relation to the progressive recovery of the anticipation by the contracting authorities or entities. The beneficiary shall lose the anticipation, with obligation of reimbursement, where the execution of the works should not go ahead, for delays attributable to it, according to contractual timeframes. On the reimbursed amount the legal interests shall be due starting from the date of provision of the anticipation.