Art. 81. Tender documents

1. Without prejudice to Articles 85 and 88, the documentation proving that the general, technical, professional, economic and financial requirements have been met for the participation in the procedures governed by this Code and for the control during the performance phase of the contract of the permanence of these requirements, is acquired exclusively through the centralized database managed by the Ministry of Infrastructure and Transport, called the National Database of Economic Operators.

2. For the purposes referred to in paragraph 1, by decree of the Minister of Infrastructure and Transport, after hearing ANAC and AGID, the details concerning participation in the tendering procedures and their outcome are specified, in relation to which the inclusion is mandatory of the documentation in the database, the documents other than those for which inclusion is envisaged and the submission methods, the terms and technical rules for the acquisition, and the updating and searching of the above data. The same decree defines the procedures for the methods concerning the progressive computerization of the documents necessary to demonstrate the requirements for participation and the absence of grounds for exclusion, as well as the definition of the criteria and procedures for access and operation, in addition to the interoperability between the various databases involved in the process. To this end, by December 31 2016, the Ministry of Infrastructure and Transport, in agreement with ANAC, defines the arrangements for replacing the agreements stipulated by ANAC so as not to undermine the data management activity attributed to ANAC by this Code. Until the date of entry into force of the decree referred to in this paragraph, Article 216, paragraph 13 shall apply.

3. The rejection forms the object of performance evaluation, that is, the omission of what is necessary to ensure the interoperability of the databases, in accordance with the methods identified in the decree referred to in paragraph 2, by the party responsible for them within the administration or public body involved in the proceedings. To this end, ANAC, duly informed by the Ministry of Infrastructure and Transport, shall make the appropriate reports to the top administrative body or public body.

4. The results of the assessment of the general qualification requirements, constantly updated, with reference to the same participant in the terms of effectiveness of each document, may also be used for different competitions.