Annex II.8 Test reports, quality certifications, means of proof, online register of certificates and life cycle costs.

(Article 87, paragraph 3)


I. Procuring authorities may request from economic operators a test report or a certificate issued by a conformity assessment body as a means of proof of conformity of the tender with the requirements or criteria established in the technical specifications, the award criteria or the relevant conditions to the execution of the contract.

Procuring authorities that require the presentation of certificates issued by a specific conformity assessment body shall also accept certificates issued by equivalent conformity assessment bodies. For this purpose, 'conformity assessment body' means a body carrying out conformity assessment activities, including calibration, testing, inspection and certification, accredited in accordance with Regulation (EC) No. 765/2008 of the European Parliament and of the Council,of 9 July 2008 or authorized, for the application of European Union harmonization legislation, by the Member States not based on accreditation, pursuant to Article 5, paragraph 2, of the same Regulation (EC) No. 765/2008. In cases not covered by European Union harmonization legislation, the reports and certificates issued by the bodies indicated in the national provisions of the sector are used.

The contracting authorities accept other appropriate means of proof, other than those previously indicated, including a technical documentation from the manufacturer, if the economic operator concerned did not have access to the certificates or test reports, or could not obtain them within the required deadlines, provided that the lack of access is not attributable to the economic operator concerned and provided that the latter demonstrates that the works, supplies or services provided satisfy the requirements or criteria established in the technical specifications, the award criteria or the conditions relating to the performance of the contract.

The information relating to the tests and to the documents presented are made available to the other Member States, upon request, through the Cabina di regia referred to in Article 221 of the code. The exchange of information is aimed at effective mutual cooperation, and takes place in compliance with European and national rules on the protection of personal data.

II. In order to facilitate the submission of cross-border tenders, contracting authorities first require the submission of the types of certificates or other forms of documentary evidence covered by the online register of certificates (e-Certis).

The cabin of the directorate referred to in article 221 of the code is responsible for updating the information concerning the certificates and other forms of documentary evidence introduced in e-Certis and established by the European Commission.

III. When evaluating offers on the basis of a criterion such as the life cycle cost of a product, contracting authorities indicate in the tender documents the data that economic operators must provide and the method that will be used to determine the life cycle costs on the basis of such data.

The data that the contracting authorities may request are:

1) costs related to the acquisition;

2) costs related to use, such as consumption of energy and other resources;

3) maintenance costs;

4) end-of-life costs, such as collection, disposal and recycling costs ;

5) costs attributed to environmental externalities linked to products, services or works during the life cycle, provided that their monetary value can be determined and verified. These costs may include the costs of emissions of greenhouse gases and other pollutants, as well as other costs related to climate change mitigation.

The method used by contracting authorities for the evaluation of costs attributed to environmental externalities must satisfy all the following conditions:

a) be based on objective, verifiable and non-discriminatory criteria. If the method is not intended for repeated or continuous application, it must not unduly favor or disadvantage certain economic operators;

b) be accessible to all interested parties;

c) the requested data must be capable of being supplied with reasonable effort by normally diligent economic operators, including economic operators from other Member States, from third countries which are parties to the GPA or other international agreements with which the European Union is required to respect or ratified by Italy.

Whenever a common method for calculating life cycle costs has been made mandatory by a legislative act of the European Union, this common method shall be applied for the evaluation of life cycle costs of life. A common method for calculating life cycle costs is provided for by Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean road transport vehicles supporting low-energy mobility. emissions.


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