Art. 45. Economic operators

1. Economic operators referred to in Article 31), letter p) are eligible for the award procedures of public contracts, as well as the economic operators established in other member States, formed in conformity with the law of that State. Economic operators, groups of economic operators, including temporary associations, which according to the law of the Member State in which they have been formed, are entitled to provide the service object of the award procedure, may participate in the award procedure of public contracts also in case they would have been required to be either natural or legal persons according to the provisions of this Code.

2. The following subjects shall fall within the definition of economic operators:

a) individual entrepreneurs, also artisans, and societies, also cooperatives;

b) consortia between cooperative societies of production and work established in accordance with law n. 422 of 25 June 1909, and with the decree of the provisional Head of State n. 1577 of December 1947, and subsequent modifications, and consortia between craftmanships pursuant to law n. 443 of 8 August 1985;

c) stable consortia, also established in form of consortium companies pursuant to Article 2615-ter of the Civil Code, among individual entrepreneurs, also artisans, commercial societies, cooperative societies of production and work. Stable consortia set up by no less than three consortium members which, by means of a decision taken by the relevant deliberation bodies, decides to operate jointly in the sector of public contracts of works, services and supplies for a period of time exceeding 5 years, and to set up a shared enterprise structure for that purpose;

d) temporary groups of tenderers, set up by subjects referred to in letters a), b) and c), which, before the presentation of the tender, have conferred a special collective mandate of representation to one of them, qualified as agent, which shall express the tender in the name and on behalf of itself and of the principals;

e) ordinary consortia of tenderers as referred to in Article 2602 of the Civil Code, set up by subjects referred to in letters a), b) and c) of this paragraph, also in associated form in accordance with Article 2615-ter of the Civil Code;

f) aggregations of enterprises adhering to the network contract pursuant to Article 3, paragraph 4-ter, of law-decree n. 5 of 10 February 2009, converted with modifications by law n. 33 of 9 April 2009;

g) subjects having concluded the agreement for the European Group of Economic Interest (EGEI) pursuant to legislative decree n. 240 of 23 July 1991.

3. Contracting authorities or entities may require groups of economic operators to assume a specific legal form once they have been awarded the contract, in case that the transformation is necessary for the satisfactory performance of the contract.

4. Contracting authorities or entities may impose to legal persons to indicate, in the tender or in the application for award procedures for services and works, as well as for supplies covering also services or works of installation and concessions, the names and relevant professional qualifications of the natural persons responsible for the performance of the contract in question.

5. Contracting authorities or entities may request groups of economic operators conditions for the execution of a contract or concession that are different from those imposed to single participants, provided that they are proportionate and justified by objective reasons.
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