Art. 59. Procedure’s choice

1. When awarding public contracts, contracting authorities or contracting entities shall apply the open or restricted procedures, preceded by the publication of a call or an invitation to tender. They can also use the innovation partnership when the conditions laid down in Article 65 are met, the competitive procedure with negotiation and the competitive dialogue when the conditions laid down in paragraph 2 are met and the negotiated procedure without prior publication of a contract notice when the conditions laid down in Article 63 are met.

2. Contracting authorities use the competitive procedure with negotiation or the competitive dialogue in the following hypotheses, and with exclusion of those subjects referred to in paragraph 4, letters b) and d):

a) with regard to works, supplies or services fulfilling one or more of the following criteria:

1) the needs of the contracting authority pursued through the procurement cannot be met without adoption of readily available solutions;

2) they include design or innovative solutions;

3) the contract cannot be awarded without prior negotiations because of specific circumstances related to the nature, the complexity or the legal and financial make- up of the subject-matter of the contract or because of the risks attaching to them;

4) the technical specifications cannot be established with sufficient precision by the contracting authority with reference to a standard, European Technical Assessment, common technical specification or technical reference within the meaning of points 2 to 5 of Annex XIII;

b) with regard to works, supplies or services where, in response to an open or a restricted procedure, only irregular or unacceptable tenders are submitted within the meaning of paragraphs 3 and 4. In such situations contracting authorities shall not be required to publish a contract notice where they include in the further procedure all of, and only, the tenderers which satisfy the criteria set out in Articles 80 to 90 and which, during the prior open or restricted procedure, submitted tenders in accordance with the formal requirements of the procurement procedure.

3. Without prejudice to what provided for in Article 83, paragraph9, tenders are considered to be irregular if:

a) do not comply with the procurement documents;

b) were received late with respect to the terms indicated in the contract notice or in the invitation to tender;

c) have been found by the contracting authority to be abnormally low.

4. Are considered to be inadmissible those tenders:

a) in relation to which the jury deems there are sufficient elements to inform the Prosecutor's Office for offences related to corruption or collusive phenomena;

b) whose price exceeds the sum indicated by the contracting administration as the tender base, determined and documented before the launching of the procurement procedure.

5. The call for competition shall be made by means of a contract notice pursuant to Article 71. Where the contract is awarded by restricted procedure or competitive procedure with negotiation, contracting authorities within the meaning of Article 3, paragraph 1, letter c) may, notwithstanding the first subparagraph of this paragraph, use a prior information notice pursuant to paragraphs 2 and 3 of Article 70.

5-bis Where the call for competition is made by means of a prior information notice, economic operators having expressed their interest following the publication of the prior information notice shall subsequently be invited to confirm their interest in writing, by means of an invitation to confirm interest in conformity with Article 75. paragraph introduced by legislative decree no. 56/2017 in force from 20-5-2017