Art. 77. Selection Board

1. In the procedures for awarding contracts for tenders or concessions, limited to award cases with the criterion of the most economically advantageous tender, the evaluation of tenders from a technical and economic point of view is entrusted to a selection board composed of experts in the specific sector to which the subject of the contract relates.

2. The board consists of an odd number of commissioners, no more than five, identified by the contracting entity, working remotely with telematic procedures that safeguard the confidentiality of communications.

3. Commissioners shall be selected from among the experts entered in the Register established by ANAC referred to in Article 78 and, in the case of award procedures carried out, from CONSIP SpA, INVITALIA - the National Agency for Inward Investment and Economic Development SpA, the regional aggregators referred to in Article 9 of Legislative Decree No. 66 of April 24 2014, converted with amendments by Law No. 89 of June 23 2014, from among the experts listed in the special edition of the Register, not belonging to the same contracting entity and only if not available in sufficient numbers, and also from the special section experts serving at the same contracting entity or, of the number is still insufficient, using other experts entered in the Register outside the special section as well. They are identified by the contracting entities by drawing public lots from a list of candidates consisting of a number of names at least twice that of the members to be appointed and in any event respecting the principle of rotation. This list is communicated by ANAC to the contracting entity within five days of the request by the contracting entity. The contracting entity may, in the case of tendering of contracts for services and supplies of an amount less than the thresholds referred to in Article 35 , for works of less than 1 million euros or for those that do not have particular complexity, appoint some internal members to the contracting entity, respecting the principle of rotation , except the Chairman. The procedures conducted through telematic trading platforms pursuant to Article 58 are not considered particularly complex. In the case of the tendering of contracts for services and supplies of high technological or innovative scientific content, carried out within research and development activities, ANAC, upon request and comparison with the contracting entity on the specific nature of the profiles, may also select the members of the selection boards from among the experts within the same contracting entity.

4. Commissioners must not have performed or perform any other function or technical or administrative assignment regarding the contract to which the award relates. The appointment of the sole project manager as a member of the competition boards is evaluated with reference to the single procedure.

5. Those who have served as public administrators within two years prior to the calling of the award procedure may not be appointed selection commissioners in respect of contracts tendered by the Administrations within which they exercised their office functions.

6. Article 35-bis of Legislative Decree No. 165 of March 30 2001, Article 51 of the Code of Civil Procedure, as well as Article 42 of this Code apply to commissioners and secretaries of the boards. Also excluded from subsequent commissioner appointments are those who, as members of the selection boards, have taken part, intentionally or with gross negligence determined in the courts and with sentence not suspended, in the approval of acts declared unlawful.

7. The appointment of commissioners and the establishment of the board shall take place after the expiry of the deadline for the submission of tenders.

8. The Chairman of the Selection Board is identified by the contracting entity from the commissioners drawn.

9. At the time of the acceptance of the assignment, the commissioners declare, under Article 47 of Legislative Decree No. 445 of the President of the Republic of December 28 2000, the non­existence of the causes of incompatibility and abstention referred to in paragraphs 4, 5 and 6. The contracting entities, prior to the entrusting of the assignment, ensure that there are no prohibitive grounds for the appointment of a member of the Selection Board as referred to in paragraphs 4, 5 and 6 of this Article, Article 35-bis of Legislative Decree No. 165 of 2001 and Article 42 of this Code. The existence of any prohibitive grounds or the declaration of incompatibility of the candidates must be promptly communicated by the contracting entity to ANAC for the purpose of the possible cancellation of the expert from the register and the communication of a new expert.

10. Expenses relating to the board shall be included in the economic framework of the intervention between the sums available to the contracting entity. By decree of the Minister for Infrastructure and Transport, in agreement with the Minister for Economy and Finance, after hearing ANAC, the entry fee and the maximum remuneration for the commissioners has been set up. Public employees are entered free of charge in the register and are not entitled to any compensation if they are part of the contracting entity. see Decree of the MIT dated February 12, 2018, published in the Italian Official Gazette, General Series no. 88 of April 16, 2018, concerning the tariff for the registration of members of selection committees and the relevant remuneration

11. In the case of the renewal of the tendering procedure as a result of the cancellation of the award or cancellation of the exclusion of some of the competitors, the board will be reconsidered, except where the cancellation is derived from a defect in the composition of the board.

12. paragraph repealed by legislative decree no. 56/2017 in force from 20-5-2017

13. This Article shall not apply to the procedures for the award of contracts or concessions by contracting entities other than contracting authorities when carrying out any of the activities referred to in Articles 115 to 121.
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