Art. 46. Economic operators for the award of architecture and engineering services
1. To the procedures for the award of services relating to architecture and engineering shall be admitted to participate:
a) architecture and engineering service providers: individual and associated professionals, societies among professionals as referred to in letter b), engineering societies as referred to in letter c), consortia, EGEI, temporary groups among the abovementioned subjects delivering to public and private buyers, operating on the market, architecture and engineering services, as well as technical and administrative activities and economic and financial feasibility studies connected thereof, including, with reference to interventions relating to renovation and maintenance of movable goods and decorated surfaces of architectonical goods, subjects qualified as restorers of cultural goods within the meaning of the legislation currently in force;
b) societies of professionals: societies exclusively set up by professionals enrolled in the specific registers provided for in the professional regulations currently in force, in the forms of societies of persons as referred to in Chapters II, III and IV of Title V of the fifth book of the Civil Code or in the form of cooperative society as referred to in Chapter I of Title VI of the fifth book of the Civil Code, pursuing for private and public buyers architecture and engineering services such as feasibility studies, researches, advises, design or direction of works, evaluation on the technical and economic congruity or environmental impact studies;
c) engineering societies: capital companies as referred to in Chapters V, VI and VII of Title V of the fifth book of the Civil Code or in the form of cooperative society as referred to in Chapter I of Title VI of the fifth book of the Civil Code, not having the requirements of societies among professionals, executing feasibility studies, researches, advises, design or direction of works, evaluation on the technical and economic congruity or environmental impact studies, as well as any activity of production of goods connected to the performance of such services;
d) providers of architecture and engineering services identified by CPV codes from 74200000-1 to 74276400-8 and from 74310000-5 to 74323100-0 and 74874000-6 established in other Member States, set up in conformity with the legislation in force in the respective States;
e) temporary groups established by subjects referred to in letters from a) to d);
f) stable consortia of societies of professionals and of engineering societies, also in mixed form, set up by no less than three consortium members having operated in the architecture and engineering sectors.
2. For the purpose of the participation in the award procedures referred to in paragraph 1, societies, for 5 years since their establishment, may document the possession of the economic and financial as well as technical and organizational requirements requested by the tender notice also with reference to the requirements for the partners of the society of persons or cooperative society or technical directors or professionals employed by the society with a full-time work contract, when set up in the form of capital companies.
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