Art. 90. official lists of contractors

1. Economic operators enrolled in official lists of contractors, suppliers or service providers or in possession of a certification by certification bodies accredited for these certifications within the meaning of regulation EC) n. 765/2008 of the European Parliament and the Council referred to in Annex XIII may present to the contracting station, for each contract, a certificate of enrolment or the certificate issued by the competent certification body. Those certificates shall indicate the references which allow the enrolment in the lists or to obtain the release of the certificate as well as the relevant classification.

2. Authorities or entities managing the lists and the certification bodies referred to in Article 1, at which the requests shall be presented, communicate to the "Cabina di Regia" referred to in Article 212, their data within three months from the entry into force of this Code or from the institution of the new lists or new certification bodies and shall also provide to the update of the data communicated. In the 30 days following their receipt, the "Cabina di Regia" shall transmit those data to the European Commission and the other Member States.

3. With respect to economic operators belonging to a group claiming resources made available to them by the other companies in the group, the enrolment in the lists or the certificates shall respectively indicate the resources at their disposal, who is the owner and the relevant contract terms.

4 The enrolment of an economic operators on an official list or the possession of a certificate issued by a competent certificating body may, constitute presumption of suitability for the qualitative selection requirements provided by the list or the certificate.

5. Data that can be deduced from registration on official lists or certification, for whom the presumption of suitability referred to in paragraph 4 shall apply, shall be questioned by whatever means of proof when verifying the economic operators' requirements by whoever holds an interest in that. With regard to the payment of social security contributions and taxes, an additional certificate may be required of any registered economic operator whenever a contract is to be awarded.

6. The contracting authorities or contracting entities shall apply paragraphs 1 and 5 of this Article only in favor of economic operators established in the national territory.

7. The requirements of proof for the criteria for qualitative selection encompassed by the official list or certificate shall comply with Article 86 and, where appropriate, Article 87. Economic operators may request at any time their registration on an official list or the issuance of a certificate. They shall be informed within a reasonable period of time, set out pursuant to Article 2 of law n. 241 of 7 August 1990, and subsequent modifications, of the decision of the authority or entity drawing up the official list or of the competent certification body.

8. The registration on official lists or the certification shall not be imposed to economic operators from other Member States in order to participate in a public contract. The contracting authorities or contracting entities shall recognize equivalent certificates from bodies established in other Member States. They shall also accept other equivalent means of proof.

9. Any information relating to the documents produced as evidence that the economic operators fulfil the requirements to be registered on the official list of approved economic operators or as evidence that economic operators from another Member State possess an equivalent certification shall be made available, upon request to other Member States.

10. The official lists of contractors shall be published on its buyer profile and on the computer records kept by the ANAC.