Art. 76. Information of candidates and tenderers

1. Contracting authorities or contracting entities, with respect to the specific modalities of publication established by this Code, shall as soon as possible inform each candidate and tenderer of decisions reached concerning the conclusion of a framework agreement, the award of the contract or admittance to a dynamic purchasing system, including the grounds for any decision not to conclude a framework agreement or not to award a contract for which there has been a call for competition or to recommence the procedure or not to implement a dynamic purchasing system.

2. On written request from the candidate or tenderer concerned, the contracting authority shall as quickly as possible, and in any event within 15 days from receipt of the request, inform:

a) any unsuccessful tenderer of the reasons for the rejection of its tender, including, for the cases referred to in Article 65, paragraphs 7 and 8, the reasons for its decision of non-equivalence or its decision that the works, supplies or services do not meet the performance or functional requirements,

(a-bis) any unsuccessful candidate of the reasons for the rejection of its request to participate, letter introduced by legislative decree no. 50/2017 in force from 20-5-2017

b) any tenderer that has made an admissible and assessed tender of the characteristics and relative advantages of the tender selected as well as the name of the successful tenderer or the parties to the framework agreement,

c) any tenderer that has made an admissible and assessed tender of the conduct and progress of negotiations and dialogue with tenderers.

3 paragraph suppressed by legislative decree no. 50/2017 in force from 20-5-2017

4. Contracting authorities may decide to withhold certain information regarding the contract award, the conclusion of framework agreements or admittance to a dynamic purchasing system, as referred to in paragraphs 1 and 2, where the release of such information would impede law enforcement or would otherwise be contrary to the public interest, would prejudice the legitimate commercial interests of public or private economic operator or of the selected economic operator, or might prejudice fair competition between economic operators.

5. The contracting authorities shall immediately and immediately communicate within a period not exceeding five days:

a) the award, to the successful tenderer, to the next competitor in the ranking, to all candidates [rectius: to all bidders] who have submitted a bid accepted in the tender, to those whose bid or offer has been excluded if have appealed against the exclusion or are in terms to present an appeal, as well as to those who have challenged the call for tenders or the letter of invitation, if such appeals have not been rejected with final judicial decision;

b) exclusion to candidates and excluded bidders;

c) the decision not to award a contract or not to conclude a framework agreement, to all candidates;

d) the date of conclusion of the contract with the contractor, to the subjects referred to in letter a) of this paragraph.

6. The communications referred to in paragraph 5 shall be made by certified e-mail or similar instrument in the other Member States. The communications referred to in paragraph 5, letters a) and b), indicate the expiration date of the deadline for the conclusion of the contract.