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----- www.CodiceAppalti.it - Italian Procurement Code (seleziona un articolo) -----
Publication and updating
Art. 1. Subject-matter and scope
Art. 2. State, Regions and Autonomous Provinces legislative competences
Art. 3. Definitions
Art. 4. Principles relating to the award of excluded public contracts
Art. 5. Common principles relating to exclusion for concessions, public contracts and agreements be...
Art. 6. Contracts and concessions awarded in the special sectors to a joint venture or to a contrac...
Art. 7. Contracts and concessions awarded to an affiliated undertaking
Art. 8. Exclusion of activities directly exposed to competition
Art. 9. Service contracts awarded on the basis of an exclusive right
Art. 10. Contracts awarded in the water, energy, transport and postal services sectors
Art. 11. Contracts awarded by certain contracting entities for the purchase of water and for the su...
Art. 12. Specific exclusions for concessions in the water sector
Art. 13. Contracts awarded for purposes of resale or lease to third parties
Art. 14. Contracts and design contests awarded or organized for purposes other than the pursuit of ...
Art. 15. Exclusions in the sector of electronic communications
Art. 16. Contracts awarded and design contests organized pursuant to international rules
Art. 17. Specific exclusions for service contracts and concessions
Art. 17-bis Other excluded contracts
Art. 18. Specific exclusions for concession contracts
Art. 19. Sponsorship contracts
Art. 20. Public work realized at private expenses
Art. 21. Purchasing program and public works schedule
Art. 22. Transparency in the participation of stakeholders and public debate
Art. 23. Levels of planning for contracts, work concessions as well as services
Art. 24. Internal and external planning to contracting authorities in the field of public works
Art. 25. Preliminary verification of the archaeological interest
Art. 26. Preliminary verification of the planning
Art. 27. Procedure of approval for projects relating to works
Art. 28. Mixed procurement contract
Art. 29. Principles on transparency
Art. 30. Principles for the award and execution of procurements and concessions
Art. 31. Role and functions of the official responsible of the procedure in contracts and concessio...
Art. 32. Phases in the award procedure
Art. 33. Controls on the acts of the award procedures
Art. 34. Energy and environmental sustainability criteria
Art. 35. Community relevance thresholds and methods of calculation of the estimated amount of contr...
Art. 36. Below-threshold contracts
Art. 37. Aggregation and centralization of demands
Art. 38. Qualification of contracting authorities or entities and central purchasing bodies
Art. 39. Ancillary purchasing activities
Art. 40. Obligation of using electronic means of communication in the conduct of award procedures)
Art. 41. Measures for the simplification of the procurement procedures carried out by central purch...
Art. 42. Conflict of interest
Art. 43. Contracts involving contracting authorities and contracting entities in different Member S...
Art. 44. Digitalization of procedures
Art. 45. Economic operators
Art. 46. Economic operators for the award of architecture and engineering services
Art. 47. Requirements for the participation of consortia to tenders
Art. 48. Temporary groups and ordinary consortia of economic operators
Art. 49. Conditions relating to the GPA and other international agreements
Art. 50. Social clauses in tender notices and invitation for tender
Art. 51. Subdivision into lots
Art. 52. Rules applicable to communications
Art. 53. Access to acts and confidentiality
Art. 54. Framework agreements
Art. 55. Dynamic purchasing systems
Art. 56. Electronic auctions
Art. 57. Electronic catalogue
Art. 58. Procedures carried out through telematic trading platforms
Art. 59. Procedure’s choice
Art. 60. Open procedure
Art. 61. Restricted procedures
Art. 62. Competitive procedures with negotiation
Art. 63. Negotiated procedure without prior publication of a contract notice
Art. 64. Competitive dialogue
Art. 65. Innovation partnerships
Art. 66. Market consultations
Art. 67. Previous participation of candidates or bidders
Art. 68. Technical specifications
Art. 69. Labels
Art. 70. Prior information notice
Art. 71. Contract notice
Art. 72. Form and manner of publication of notices
Art. 73. Publication at national level
Art. 74. Electronic availability of tender documents
Art. 75. Invitations to candidates
Art. 76. Information of candidates and tenderers
Art. 77. Selection Board
Art. 78. Register of selection boards
Art. 79. Setting time limits
Art. 80. Exclusion grounds
Art. 81. Tender documents
Art. 82. Test reports, certification and other means of proof
Art. 83. Selection criteria
Art. 84. Unique qualification system for firms that carry out public works
Art. 85. European Single Procurement Document
Art. 86. Means of proof
Art. 87. Quality assurance standards
Art. 88. Online repository of certificates e-Certis
Art. 89. Reliance on the capacities of other entities (“Avvalimento”)
Art. 90. official lists of contractors
Art. 91. Reduction in the number of otherwise qualified candidates to invite to participate
Art. 92. Reduction of Tenders and solutions
Art. 93. Guarantees for participation in the procedure)
Art. 94. General selection principles
Art. 95. Contract award criteria
Art. 96. Life-cycle costs
Art. 97. Abnormally low tenders
Art. 98. Contract award notice
Art. 99. Written reports on procurement procedures
Art. 100. Requisites for tender execution
Art. 101. Contracting entities
Art. 102. Testing and verification of compliance
Art. 103. Final guarantees
Art. 104. Guarantees for the performance of works of significant value
Art. 105. Subcontracting
Art. 106. Modification of contracts during their term
Art. 107. Suspension
Art. 108. Termination
Art. 109. Withdrawal
Art. 110. Award procedures in the event of the bankruptcy of the performer or the termination of th...
Art. 111. Technical, accounting and administrative control
Art. 112. Reserved concessions and contracts
Art. 113. Incentives for technical functions
Art. 113-bis. Terms for issuing payment certificates relating to down payments
Art. 114. Subject-matter and scope
Art. 115. Gas and heat
Art. 116. Electricity
Art. 117. Water
Art. 118. Transport
Art. 119. Ports and airports
Art. 120. Postal services
Art. 121. Exploitation of a geographical area for the purpose of extracting oil or gas or coal or o...
Art. 122. Applicable rules
Art. 123. Choice of the procedure
Art. 124. Negotiated procedure with prior call for competition
Art. 125. Use of the negotiated procedure without prior call for competition
Art. 126. Communication of technical specifications
Art. 127. Periodic indicative notices
Art. 128. Notices on the existence of a qualification system
Art. 129. Contract notice and Contract award notices
Art. 130. Drafting and methods of publication of notices and notices
Art. 131. Invitations to candidates
Art. 132. Informing applicants for qualification, candidates and tenderers
Art. 133. General principles for the selection of participants
Art. 134. System of qualification of economic operators
Art. 135. Criteria for qualitative selection and Reliance on the capacities of other entities
Art. 136. Applicability of exclusion reasons and selection criteria of the ordinary sectors to qual...
Art. 137. Offers containing products originating in third countries)
Art. 138. Relations with third countries as regards works, supplies and service contracts
Art. 139. Individual reports on procedures for the award of contracts
Art. 140. Rules applicable to social services and other services specific to special sectors
Art. 141. Rules governing design contests in special sectors
Art. 142. Publication of notices and notices
Art. 143. Contracts reserved for certain services.
Art. 144. Catering services
Art. 145. Common rules applicable to contracts in the cultural heritage sector
Art. 146. Qualification
Art. 147. Levels and content of the project design
Art. 148. Award of the contract
Art. 149. Variants
Art. 150. Testing
Art. 151. Sponsorships and special forms of partnership
Art. 152. Scope
Art. 153. Contract notice
Art. 154. Organizing design contests and selection of participants
Art. 155. Jury for design contest
Art. 156. Creative competition
Art. 157. Other design and related assignments
Art. 158. Research and development services
Art. 159. Defense and security
Art. 160. Mixed contracts regarding aspects of defense and security
Art. 161. Contracts and design competitions awarded or organized according to international standar...
Art. 162. Sealed contracts
Art. 163. Procedures in cases of extreme urgency and civil protection
Art. 164. Object and scope of application
Art. 165. Risk and economic-financial equilibrium in the concessions
Art. 166. Principle of free administration by public authorities
Art. 167. Methods for calculating the estimated value of concessions
Art. 168. Duration of the concession
Art. 169. Mixed contracts
Art. 170. Technical and functional requirements
Art. 171. Procedural guarantees in award criteria
Art. 172. Selection of and qualitative assessment of candidates
Art. 173. Time-limits, general principles and award criteria
Art. 174. Subcontracting
Art. 175. Modification of contracts during their term
Art. 176. Termination, automatic revocation, termination for breach and subentry
Art. 177. Award of licensed concessions
Art. 178. Rules on highway concessions and specific transitional regimes
Art. 179. Common applicable regime
Art. 180. Public-private partnerships
Art. 181. Tender procedures
Art. 182. The funding of the project
Art. 183. Project financing
Art. 184. Project companies
Art. 185. Issue of bonds and debt securities by the project company
Art. 186. Preferential credits
Art. 187. Financial leasing of public works or works of public utility
Art. 188. Availability contract
Art. 189. Interventions of horizontal subsidiarity
Art. 190. Administrative barter
Art. 191. Sale of real property in exchange for work
Art. 192. Special regime for in-house awards
Art. 193. Public project company
Art. 194. Award to a general contractor
Art. 195. Tender procedure for the general contractor
Art. 196. Controls on performance and testing
Art. 197. Qualification system for the general contractor
Art. 198. Rules for participation in the tender of the general contractor
Art. 199. Management of the qualification system for the general contractor
Art. 200. General Provisions
Art. 201. Planning and programming instruments
Art. 202. Financing and reprogramming of resources for priority infrastructures
Art. 203. Monitoring the infrastructures and priority settlements
Art. 204. Judicial Remedies
Art. 205. Amicable agreement for the works
Art. 206. Amicable agreement for services and supplies
Art. 207. Technical consulting board
Art. 208. Settlement
Art. 209. Arbitration
Art. 210. Chamber of Arbitration, list of arbitrators and list of secretaries
Art. 211. ANAC Pre-dispute opinions
TITLE II - GOVERNANCE
Art. 213. National Anti-Corruption Authority
Art. 214. Ministry of Infrastructure and Transports and Technical Mission Structure
Art. 215. Superior Board of Public Works
Art. 216. Transitional provisions and coordination
Art. 217. Repeals
Art. 218. Updates
Art. 219. Financial invariance clause
Art. 220. Entry into force
ANNEX I - LIST OF ACTIVITIES AS SET OUT IN POINT A) OF LETT. II) N. 1) OF ARTICLE 32)
ANNEX II - ACTIVITIES CARRIED OUT BY CONTRACTING ENTITIES REFERRED TO IN ARTICLE 1641)
ANNEX III - CENTRAL GOVERNMENT AUTHORITIES
ANNEX IV - LIST OF BODIES AND CATEGORIES OF BODIES GOVERNED BY PUBLIC LAW IN ORDINARY SECTORS
ANNEX V - FEATURES CONCERNING PUBLICATION
ANNEX VI - LIST OF UNION LEGAL ACTS
ANNEX VII - DEADLINES FOR THE ADOPTION OF THE IMPLEMENTING ACTS REFERRED TO IN ARTICLE 8
ANNEX VIII - LIST OF PRODUCTS WITH REGARD TO CONTRACTS AWARDED BY CONTRACTING AUTHORITIES IN THE FI...
ANNEX IX - SERVICES REFERRED TO IN ARTICLES 140, 142, 143 AND 144
ANNEX X - LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS
ANNEX XI - REQUIREMENTS RELATING TO TOOLS AND DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUES...
ANNEX XII - INFORMATION TO BE INCLUDED IN THE PROCUREMENT DOCUMENTS RELATING TO ELECTRONIC AUCTIONS...
ANNEX XIII - DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS
ANNEX XIV - INFORMATION TO BE INCLUDED IN CONTRACT NOTICES IN REGULAR AND SPECIAL SECTORS
ANNEX XV - CONTENTS OF THE INVITATIONS TO SUBMIT A TENDER, TO PARTICIPATE IN THE DIALOGUE OR TO CON...
ANNEX XVI - REGISTERS REFERRED TO IN ARTICLE 83
ANNEX XVII - MEANS OF PROOF OF SELECTION CRITERIA
ANNEX XVIII - LIST OF UNION LEGAL ACTS REFERRED TO IN ARTICLE 96, POINT 3
ANNEX XIX - INFORMATION TO BE INCLUDED IN THE DESIGN CONTEST NOTICE AS REFERRED TO IN ARTICLES 141 ...
ANNEX XX - INFORMATION TO BE INCLUDED IN THE RESULTS OF DESIGN CONTEST NOTICES AS REFERRED TO IN AR...
ANNEX XXI - INFORMATION TO BE INCLUDED IN CONCESSION NOTICES
ANNEX XXII - INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES CONCERNING CONCESSIONS FOR SOC...
ANNEX XXIII - INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES
ANNEX XXIV - INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES CONCERNING CONCESSIONS FOR SOCI...
ANNEX XXV - INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONCESSION DURING ITS TERM
Art. 1
Publication and updating
Published on the Italian Official Journal ("GURI") No. 91 of 19 April 2016, ON ordinary supplement n. 10
as modified by Legislative Decree n. 57/2017 in force from 16-12-2018 and Law Decree no. 135/2018 in force from 15-12-2018
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