Article 112. Single reports on procurement procedures.

1. For each contract or each framework agreement of an amount equal to or greater than the thresholds referred to in Article 14 and whenever a dynamic purchasing system is established, the contracting authority draws up a report containing at least the following information: a) the name and the address of the contracting authority, the subject and value of the contract, framework agreement or dynamic purchasing system; b) where applicable, the results of the qualitative selection and reduction of the numbers of otherwise qualified candidates by invite to participate or the number of offers and solutions: 1) the names of the candidates or tenderers selected and the reasons for the selection; 2) the names of the candidates or tenderers excluded and the reasons for the exclusion; c) the reasons for the rejection of tenders judged to be abnormally low; d) the name of the successful tenderer and the reasons for the choice of his tender, as well as, if known, the part of the contract or framework agreement that the successful tenderer intends to subcontract to third parties; and, if known at the time of drafting, the names of any subcontractors of the main contractor; e) for competitive procedures with negotiation and competitive dialogues, the circumstances referred to in Article 70 which justify the use of such procedures; f ) as regards negotiated procedures without publication of a contract notice, the circumstances referred to in Article 76 which justify the use of such procedures; g) where appropriate, the reasons why the contracting authority has decided not to award a contract, conclude a framework agreement or establish a dynamic purchasing system; h) where applicable, the conflicts of interest identified and the measures subsequently adopted. 2. The report referred to in paragraph 1 is not required for contracts based on framework agreements concluded with a single economic operator and awarded within the limits of the conditions set out in the framework agreement, or if the framework agreement contains all the terms governing the provision of the works, services and supplies in question as well as the objective conditions for determine which of the economic operators party to the framework agreement will carry out this service. 3. When the contract award notice drawn up pursuant to Article 111 or Article 127, paragraph 3, contains the information required in paragraph 1, contracting authorities may refer to this notice. 4. Contracting authorities shall document the performance of all procurement procedures. They guarantee the preservation of sufficient documentation to justify the decisions adopted in all phases of the procurement procedure, such as documentation relating to communications with economic operators and internal deliberations, the preparation of tender documents, dialogue or negotiation if foreseen , the selection and awarding of the contract. The documentation is kept for at least five years starting from the date of award of the contract, or, in the event of a pending dispute, until the relevant sentence becomes final. 5. The report or its main elements are communicated to the Cabin of direction referred to in Article 221 for subsequent communication to the European Commission, the competent authorities, bodies or structures, when such a report is requested. EFFECTIVE FROM: 1 July 2023

Relazione

REPORT Article 112 regulates the documentation, by the contracting authorities, of the performance of all award procedures, reproducing the provisions set out in the art. 99 of the current Code, in t...

Commento

NEW • The only new feature is the elimination of the parts relating to the use of non-electronic means. The minimum document retention period of five years is confirmed, while in the directive it is ...
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