Article 100. Special order requirements.

1. The following are special requirements: a) professional suitability; b) economic and financial capacity; c) technical and professional skills. 2. The contracting authorities require participation requirements that are proportionate and relevant to the subject of the contract. 3. For the procedures for awarding contracts for services and supplies, the contracting authorities require registration in the register of the chamber of commerce, industry, crafts and agriculture or in the register of the provincial commissions for crafts or with the competent professional associations for a relevant activity even if it does not coincide with the object of the contract. The economic operator from another member state not resident in Italy is required to declare pursuant to the consolidated law of the legislative and regulatory provisions regarding administrative documentation, referred to in the decree of the President of the Republic of 28 December 2000, n. 445, to be registered in one of the professional or commercial registers referred to in Annex II.11. Upon first application of the code, Annex II.11 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law no. 23 August 1988. 400, by decree of the President of the Council of Ministers on the proposal of the Minister for European Affairs, where appointed, which replaces it entirely also as an annex to the code. 4. For procedures for the award of works contracts of an amount equal to or exceeding 150,000 euros, contracting authorities require economic operators to be qualified. The qualification certificate is issued by private law bodies authorized by the ANAC. The qualification system for executors of public works, structured in relation to the categories of works and their amount, is governed by Annex II.12. The categories of works are divided into categories of general works and categories of specialized works. Possession of a qualification certificate in categories and classifications appropriate to the works to be contracted represents a necessary and sufficient condition for demonstrating the participation requirements referred to in this article as well as for the execution, in any capacity, of the contract. Upon first application of the code, Annex II.12 is repealed from the date of entry into force of a corresponding regulation issued pursuant to article 17, paragraph 1, of law no. of 23 August 1988. 400, upon proposal of the Minister of Infrastructure and Transport, having consulted the ANAC, which replaces it entirely also as an annex to the code. 5. To obtain or renew the qualification certificate, economic operators must: a) be registered in the register of the chamber of commerce, industry, crafts and agriculture or in the register of the provincial commissions for crafts or with the competent professional orders for an activity foreseen by the corporate purpose and included in the category for which the attestation; b) not having incurred the causes of exclusion referred to in Chapter II of this Title in the three-year period preceding the date of the application for the issue or renewal of the qualification certificate; c) be in possession of quality system certifications compliant with European standards and current national legislation, issued by accredited entities. 6. The certification body issues the qualification certificate for the category of general or specialized works for the execution of which the economic operator appears to be in possession of adequate economic and financial capacity, adequate provision of technical equipment and human resources, and provides for the classification by amounts based on documented previous professional experience. 7. Until issued of the regulation referred to in the sixth sentence of paragraph 4, the period of documentable activity is that relating to the fifteen years preceding the date of signing the contract with the certification body company (SOA) and the qualification lasts for five years, with verification within the third year of maintaining the requirements. 8. In any case, the regulation referred to in the sixth sentence of paragraph 4 regulates: a) the procedure for obtaining the qualification certificate and for its renewal, providing that the economic operator requests confirmation of the certification in the event that, during the period of validity of the certification, a subjective change occurs; b) the requirements for demonstrating adequate economic and financial capacity and for demonstrating possession of adequate technical equipment and adequate staff; c) the methods of qualification of the economic operators referred to in article 67, paragraph 1, on the basis of the cumulation criterion as well as the attribution criteria referred to in article 67, paragraph 6; d) the methods of documenting previous professional experience, also considering the work carried out for private individuals which is proven by suitable documentation; e) the random verification methods carried out by the certification bodies; f) the duration of the qualification certificate and the intermediate periods of verification of maintenance of the requirements; g) cases of suspension and forfeiture of the qualification certificate already issued, providing for interdictory sanctions in the case of presentation of false documentation to certification bodies. 9. With regard to certification bodies, the regulation referred to in the sixth sentence of paragraph 4 regulates in any case: a) the subjective, organisational, financial and technical requirements for obtaining the authorization to carry out the activity qualification of economic operators as well as the procedure for obtaining authorisation; b) pecuniary and disqualification sanctions, up to the expiration of the authorization, for violations committed by the certification bodies, including requests for information and documents addressed to them by the ANAC in the exercise of supervisory activity, according to a criterion of proportionality and respect for the adversarial system; c) the methods for the exercise of supervisory activity by the ANAC; d) the obligations of conservation and publication of the documentation of the certification bodies; e) the reporting obligations to the ANAC of the certification bodies. 10. The regulation referred to in the sixth sentence of paragraph 4 also defines the discipline of the qualification of economic operators for service and supply contracts. The regulation contains, among other things: the definition of the types for which a classification by value is possible, the competence to issue the relevant certification, the procedure and conditions for the relevant request, the sanction regime. 11. Until the date of entry into force of the regulation referred to in the sixth sentence of paragraph 4, for the procedures for awarding service and supply contracts, the contracting authorities may request from economic operators a turnover as a requirement of economic and financial capacity overall not exceeding double the estimated value of the contract, accrued in the three-year period preceding that in which the procedure was announced. In the case of award procedures divided into multiple lots, unless the contracting authority decides otherwise, the turnover is required for each lot. The contracting authorities may also require economic operators, as a requirement of technical and professional capacity, to have executed contracts similar to those entrusted to private entities in the previous three years from the date of the call for tenders. 12. Except as provided in article 102 or special laws, contracting authorities exclusively require the participation requirements set out in this article. 13. The bodies referred to in paragraph 4 immediately report to ANAC the cases in which economic operators, for the purposes of qualification, make false declarations or produce untruthful documents. EFFECTIVE FROM: 1 July 2023