Article 2.

Programming.

a) the subsequent change in the available financial resources;

b) the change in the the order of priority of an intervention due to the essential operational readiness needs of the military instrument;

c) the emerging needs related to the operation of the Armed Forces, states of emergency, the protection of order and public safety.

2. A job or purchase not included in the annual list can be carried out when made necessary by the reasons referred to in letters b) and c) of paragraph 1, using resources made available by the cancellation of one or more jobs or purchases already foreseen in relation to the review of priorities.

3. In any case, purchases of goods and services of an unforeseeable or contingent nature having as their object or concerning:

a) goods and services concerning interventions within operational theatres, including expenses aimed at the maintenance, preparation and use of the units in support of interventions in operational theatres;

b) scientific/technological research and development services, carried out both at a national level, within the framework of the National Research Plan military, and internationally in the framework of bilateral and multilateral agreements;

c) goods and services of an IT nature functional to the immediate restoration of efficiency or the adoption of adequate security levels of the information systems used for the fulfillment of institutional tasks aimed at the prompt operation of departments, bodies and their organizational units;

d) relief interventions following public disasters, as well as for the management of emergencies relating to national security and public order;

e) indeferrable and urgent expenses connected with armaments and ammunition, including the operation and maintenance of the armament, as well as protective equipment, equipment for public order services, special equipment, telecommunications materials and services;

f) expenses for provisioning services to be ensured under direct management or connected to operational activities where prolonged;

g) expenses that cannot be deferred for maintenance and functioning of bodies and departments, for the maintenance of buildings, systems and equipment, for the functioning of military attachments and representations abroad and any other expense, of an indeferrable nature, connected to the needs of seamless functioning, instrumental to ensuring the operation and reactivity of the military instrument;

h) means of transport for land, air and naval mobility not derived from commercial production;

i) any other need attributable to the characteristics of referred to in paragraph 1.

4. The three-year planning and the annual list of works include the engineering services connected to the works to be carried out.

5. Interventions relating to works of an unforeseeable or contingent nature having as their object or concerning:

a) interventions to be carried out in Italy and abroad as a result of international agreements and the works carried out are excluded from the planning obligations by means of the troops and departments of the Military Engineers;

b) maintenance interventions;

c) extraordinary interventions imposed by unforeseeable events, states of emergency and natural disasters, therein including the infrastructural interventions necessary to guarantee the mobility and prompt operation of the departments, in order to meet the aforementioned needs;

d) works relating to strategic military infrastructures;

e) works on infrastructures connected with the fulfillment of the institutional tasks of the Armed Forces and aimed at the prompt operational needs of the departments or greater mobility of personnel;

f) interventions functional to organizational and operational needs connected with needs institutions for the protection and maintenance of public order and safety.

Article 3.

Subjects of the design verification activity.

1. The verification of the design, if carried out through internal structures of the contracting authority, is carried out by the technical bodies of the entity in which the RUP or the person responsible for the procedure for the design phase is identified.

Article 4.

Cases of award to a single economic operator via negotiated procedure without prior publication of a tender notice.< /p>

1. The following constitute reasons of a technical nature or reasons for the protection of exclusive rights, including intellectual property rights, for the assignment to a single economic operator through a negotiated procedure without publication of a notice:

a) the military technical requirements necessary to satisfy the operational needs identified by the competent inter-force or Armed Force top planning bodies;

b) the technical requirements necessary to ensure the maintenance, modernization and adaptation of products and services in order to guarantee logistical continuity and safety of use;

c) the supply of original spare parts and the provision of maintenance services by the original supplier strictly necessary for safe use;

d) the certification and technical-operational approval of means and materials for military use for which the company responsible for the system is identified as project authority;

e) the provision of supplies and services necessarily carried out by the company identified as the Design Authority.

Article 5.

Maintenance work.

1. Ordinary maintenance work can be entrusted, in compliance with the procedures for choosing the contractor envisaged by the code, on the basis of a project consisting of at least:

1) the general report;

2 ) from the list of unit prices of the planned processes;

3) from the estimated metric calculation;

4) from the safety and coordination plan with the analytical identification of safety costs not to be subjected to a discount.

2. Without prejudice to the obligations relating to the centralized system of the State Property Agency for the maintenance of buildings, maintenance works which, in relation to the technical complexity, the design structure, or the particular location of the intervention site, require particular preparations or processes and they cannot be carried out through the framework agreements in force at the regional level, they are entrusted according to the procedures of the code. The RUP specifically motivates the assignment in derogation of the framework agreements in relation to the specialty, nature and characteristics of the intervention. These interventions are the subject of subsequent communication to the State Property Agency.

Article 6.

Body executors of the contract.

1. In the case of service and goods supply contracts that satisfy the needs of one or more Armed Forces or one or more entities, the contracting authority may identify one or more entities executing the contract which:

a) take care of the contractual execution with the methods established by the contractual documents;

b) verify the regular performance of the services;

c) carry out the verification of conformity with the methods established by the contractual documents;

d) verify, in terms of quantity and quality, compliance with the provisions set out in the contractual documents;

e) issue the declaration of regular execution of the services for the purposes of payment;

f) carry out all the functions falling within the competence of the director of execution;

g) verify compliance by the executor with the regulations on the safety and health of workers on workplaces;

h) carry out activities relating to the elimination or reduction of risks from interference;

i) carry out all other functions provided for in the contractual documents;

l) transmit to the person in charge of any conformity verification:

1) the accounting documents;

2) the results of the assessments of the service carried out;

3) certificates of any tests carried out.

Article 7.

Previews payments.

1. For payments relating to supplies of materials intended for the Armed Forces, including the Carabinieri, and relating to activities, including training, carried out in the national territory or outside the national territory, payments on account can be made up to a maximum of 90 percent of the value of the supplies accepted following the conformity verification and delivered.

2. For purchases made abroad by the defense administration, relating to machinery, instruments and precision objects, which can be supplied, with the required technical requirements and degree of perfection, only by foreign economic operators, advances of amount not exceeding one third of the total amount of the contract price, subject to the provision of suitable guarantee.

Article 8.

Types of purchases below the threshold functional to the maintenance of the structures and the continuity of institutional and operational activities of the defense administration.

1. The following are normally awarded with the procedures referred to in article 50 of the code and awarded with the criterion of the lowest price, without prejudice to compliance with articles 48, 49, 51, 52, 53, 54, 55 and 56 of the code. supplies, having a repetitive nature, or standardized characteristics or conditions defined by the market:

a) acquisition of goods and services to ensure the functioning of lighthouses and maritime signalling, telecommunications, flight assistance and air defense;

b) acquisition of goods and services for the removal of obstacles of any kind to maritime and air navigation, as well as necessary for the usability of airfields and bodies of water intended for ditching of aircraft;

c) acquisition of goods and services to ensure the operation and ordinary maintenance of the infrastructures in case of direct administration;

d) expenses for the operation of the medical rooms and veterinary facilities, including the purchase of medicines, equipment and healthcare materials;

e) expenses for the operation of the healthcare and veterinary service;

f) expenses for the purchase of provisions, clothing, equipment, fuel, fuel lubricants and oxygen;

g) expenses for the operation of military prisons;

h) expenses aimed at guaranteeing the transport service of personnel and materials; expenses relating to special equipment;

i) expenses relating to freight, packaging, customs clearance, storage, porterage, as well as loading and unloading of materials;

l) expenses for the operation of military offices abroad;

m) expenses for insurance policies;

n) expenses for the purchase, rental, repair and maintenance of motor vehicles, including spare parts;

o) expenses for the purchase and maintenance of terminals, personal computers, printers and IT equipment of various kinds and expenses for IT services; purchase, maintenance and repair of furniture, furnishings, air conditioners and equipment; expenses relating to the purchase of various non-original equipment; gymnastic-sports equipment and materials;

p) expenses for the purchase, rental, installation, management and maintenance of reproduction systems and telephone, telegraph, radiotelephone, electronic, mechanical, television, amplification and diffusion systems sound;

q) expenses for printing or lithography of publications and bulletins; purchase, rental and maintenance of equipment and materials for typography, lithography, graphic reproduction of documents, drawings and technical documents, bookbinding, cinematography and photography; purchase, rental and maintenance of calculation machines, microfilming services, as well as purchase and rental of accessory equipment and special and consumable materials and provision of services for electronic centers, radiotelegraph, mechanographic and telematic centers;

r) expenses for cleaning and hygiene, rodent control, depollution, disinfestation of areas and rooms, waste collection and transport, emergency lighting, conservation of materials, purchase of packaging, the transport of materials and quadrupeds, as well as those for the laborers and to guarantee the safety, security, surveillance and control of the premises, barracks and military installations;

s) expenses for lighting, telephone utilities, room heating, the supply of water, gas and electricity, including through the use of machines and related connection costs;

t) conference costs , exhibitions, ceremonies;

u) expenses for the purchase and binding of books, prints, official gazettes and collections; purchase of stationery, drawing materials and stamps; purchase or subscription to magazines, newspapers, publications, news agencies and press services; dissemination of competition notices or notices in the press or other media; expenses for the translation of documents and technical documents; expenses for the translation and processing of publications and magazines published by the Administration, including the payment of compensation to collaborators for the self-employed services provided by them;

v) entertainment and information expenses , advertising and propaganda through press agencies, radio, television and cinema, for the decoration and furnishing of premises used for cultural and recreational activities;

z) expenses for funeral honours, for historical museums, for the purchase of medals, ribbons, badges, seniority crosses, diplomas, tricolor sashes, flags and objects for awards;

aa) expenses relating to military solemnities, national holidays, events and various occasions;

bb) expenses for the well-being of staff;

cc) expenses for training, physical education and sporting activity, maintenance, governance and the care of animals, for the purchase and maintenance of equipment materials, harnesses and shoes.

2. In the cases referred to in paragraph 1, the holder of the spending power, when initiating the procedure, justifies the use of the procedures referred to in the same paragraph 1, as well as the choice of the lowest price criterion, justifying the purchase of the types referred to in the aforementioned paragraph 1.

Article 9.

Contracts relating to emergency competitions to support the Department ofprotectioncivile.

1.To the contracts stipulated by the contracting authorities of the Ministry of Defense on behalf of the Armed Forces as structures national operations in support of the national civil protection service, the derogatory regime granted to the Head of the Civil Protection Department and any implementing bodies in execution of the adopted civil protection ordinances is extended.