Article 119. Subcontracting.

1. The parties entrusted with the contracts carry out the works, services and supplies included in the contract on their own. Without prejudice to the provisions of article 120, paragraph 1, letter d), the assignment of the contract is void. The agreement by which third parties are entrusted with the entire execution of the contracted services or works, as well as the prevalent execution of the works relating to the main category and labor-intensive contracts, is also void. Subcontracting is permitted in accordance with the provisions of this article. 2. Subcontracting is the contract by which the contractor entrusts to third parties the execution of part of the services or processes covered by the procurement contract, with the organization of means and risks burden of the subcontractor. However, any contract stipulated by the contractor with third parties concerning activities carried out anywhere that require the use of manpower, such as supplies with installation and hot rentals, if individually of an amount greater than 2 percent, constitutes a subcontracting of works. of the amount of the services entrusted or of an amount exceeding 100,000 euros and if the incidence of the cost of labor and personnel is greater than 50 percent of the amount of the contract to be entrusted. In compliance with the principles referred to in articles 1, 2 and 3, after adequate justification in the decision to contract, the contracting authorities, possibly making use of the opinion of the competent Prefectures, indicate in the tender documents the services or processes covered by the contract to be carried out by of the successful tenderer due to the specific characteristics of the contract, including those referred to in Article 104, paragraph 11, due to the need to strengthen, taking into account the nature or complexity of the services or work to be carried out, the control of construction site activities and more generally of workplaces or to guarantee more intense protection of working conditions and the health and safety of workers or to prevent the risk of criminal infiltration. This last assessment is disregarded when the subcontractors are registered in the list of suppliers, service providers and executors of works referred to in paragraph 52 of article 1 of law 6 November 2012, n.190, or in the anti-mafia register of executors established by article 30 of the legislative decree of 17 October 2016, n. 189, converted, with amendments, by law 15 December 2016, n. 229. The contractor communicates to the contracting authority, before the start of the service, for all sub-contracts that are not subcontracts, stipulated for the execution of the contract, the name of the sub-contractor, the amount of the sub- contract, the object of the work, service or supply entrusted. Any changes to this information that occur during the sub-contract are also communicated to the contracting authority. It is also mandatory to acquire additional authorization if the object of the subcontract undergoes changes and the amount of the same is increased. 3. Due to their specificity, the following categories of supplies or services do not qualify as subcontracted activities: a) the assignment of secondary, ancillary or subsidiary activities to self-employed workers, for which notification must be made to the contracting authority; b) the catalog subcontracting of IT products; c) the assignment of services for an amount lower than 20,000 euros per year to agricultural entrepreneurs in municipalities classified as totally mountainous in the list of Italian municipalities prepared by ISTAT, or included in the circular of the Ministry of Finance no. 9 of 14 June 1993, published in the ordinary supplement no. 53 in the Official Gazette of the Italian Republic n. 141 of 18 June 1993, as well as in the municipalities of the smaller islands referred to in Annex A annexed to law 28 December 2001, n. 448; d) secondary, ancillary or subsidiary services rendered in favor of the entrusted entities by virtue of continuous cooperation, service or supply contracts signed in a period prior to the announcement of the procedure aimed at awarding the contract. The relevant contracts are sent to the contracting authority before or at the same time as the signing of the procurement contract. 4. The subjects entrusted with the contracts referred to in the code may subcontract the works or works, services or supplies included in the contract, subject to authorization of the contracting authority provided that: a) the subcontractor is qualified for the work or services to be performed; b) the causes of exclusion referred to in Chapter II of Title IV of Part V of this Book do not exist against him; c) at the time of the offer, the works or parts of works or the services and supplies or parts of services and supplies that are intended to be subcontracted have been indicated. 5. The contractor transmits the subcontracting contract to the contracting authority at least twenty days before the actual start date of the execution of the relevant services. At the same time, it transmits the subcontractor's declaration certifying the absence of the causes of exclusion referred to in Chapter II of Title IV of Part V of this Book and the possession of the requirements referred to in articles 100 and 103. The contracting authority verifies the declaration through the Bank national data referred to in article 23. The subcontracting contract, accompanied by the technical, administrative and graphic documentation directly derived from the documents of the entrusted contract, promptly indicates the operational scope of the subcontracting both in performance and economic terms. 6. The main contractor and the subcontractor are jointly liable towards the contracting authority for the services covered by the subcontracting contract. The successful tenderer is jointly and severally liable with the subcontractor for salary and contribution obligations, pursuant to article 29 of Legislative Decree 10 September 2003, n. 276. In the cases referred to in paragraph 11, letters a) and c), the contractor is freed from the joint and several liability referred to in the second sentence of this paragraph. 7. The contractor is required to observe the economic and regulatory treatment established by the national and territorial collective agreements in force for the sector and for the area in which the services are carried out in accordance with the provisions of article 11. It is also. jointly and severally responsible for compliance with the aforementioned rules by the subcontractors towards their employees for the services rendered within the scope of the subcontract in compliance with the provisions of paragraph 12. The contractor and, through him, the subcontractors, transmit to the contracting station before the start of the works, the documentation of the notification to the social security bodies, including the Building, Insurance and Accident Prevention Fund, as well as a copy of the plan referred to in paragraph 15. For the payment of the services rendered in the context of the contract or subcontracting, the contracting authority automatically acquires the valid single document of contributory regularity relating to the contractor and all subcontractors. 8. For contracts relating to works, services and supplies, in the event of delay in the payment of wages owed to employees or to subcontractors or to persons holding subcontracts and piece rates, as well as in the event of non-compliance with contributions resulting from the single contribution regularity document, the provisions of article 11, paragraph 5. 9 apply. In the case of formal dispute of the requests referred to in paragraph 8, the RUP or the person responsible for the execution phase, where appointed, forwards the requests and complaints to the provincial labor directorate for the necessary checks. 10. The contractor replaces, subject to authorization of the contracting authority, the subcontractors for whom, following a specific verification, the existence of causes of exclusion referred to in Chapter II of Title IV of Part V of this Book has been ascertained. 11. The contracting authority directly corresponds to the subcontractor and to the holders of sub-contracts not constituting subcontracting pursuant to the fifth sentence of paragraph 2 the amount due for the services performed by them in the following cases: a) when the subcontractor is a micro-enterprise or small enterprise; b) in the event of default by the contractor; c) at the request of the subcontractor and if the nature of the contract allows it. 12. The subcontractor, for the services subcontracted, must guarantee the same quality and performance standards envisaged in the procurement contract and recognize the workers with economic and regulatory no lower than that which the main contractor would have guaranteed. The subcontractor is required to apply the same national collective labor agreements as the main contractor, if the subcontracted activities coincide with those characterizing the object of the contract or concern work relating to the prevailing categories and are included in the contractor's corporate purpose. principal. The contractor pays the safety and labor costs relating to the services subcontracted to the subcontracting companies without any discount; the contracting authority, after consulting the works director, the safety coordinator during the execution phase or the execution director, verifies the effective application of this provision. The contractor is jointly responsible with the subcontractor for the latter's compliance with the safety obligations required by current legislation. 13. For the works, the names of all subcontracting companies. 14. To combat the phenomenon of irregular undeclared work, the single contribution regularity document includes verification of the adequacy of the impact of the workforce relating to the specific contract entrusted. This congruity, for construction works, is verified by the Building Fund on the basis of the agreement reached at national level between the social partners signatory to the national collective agreement which are comparatively more representative for the construction sector and the Ministry of Labor and Social Policies. ; for non-building works it is verified in comparison with the specific collective agreement applied. 15. The safety plans referred to in the legislative decree of 9 April 2008, n. 81 are made available to the competent authorities responsible for construction site inspections. The contractor is required to ensure the coordination of all the subcontractors operating on the construction site to make the specific plans drawn up by the individual subcontractors compatible with each other and consistent with the plan presented by the contractor. In the case of a temporary grouping or consortium, the obligation falls to the agent. The construction site technical director is responsible for compliance with the plan by all companies involved in carrying out the works. 16. The contractor who uses subcontracting or piecework must attach the declaration regarding the existence of the contract to the certified copy of the contract. or less of any forms of control or connection pursuant to article 2359 of the civil code with the holder of the subcontract or piece rate. A similar declaration must be made by each of the participating entities in the case of a temporary grouping, company or consortium. The contracting authority issues the authorization referred to in paragraph 4 within thirty days of the relevant request; this deadline can be extended only once, when there are justified reasons. If this deadline has elapsed without any action having been taken, the authorization is deemed to have been granted. For subcontracts or piecework of an amount lower than 2 percent of the amount of the services entrusted or of an amount lower than 100,000 euros, the terms for issuing the authorization by the contracting authority are reduced by half. 17. The contracting authorities indicate in the tender documents the services or processes which are the subject of the procurement contract which, although subcontractable, cannot be the subject of further subcontracting, due to the specific characteristics of the contract and the need, taking into account the nature or complexity of the services or of the work to be carried out, to strengthen the control of construction site activities and more generally of the workplace or to guarantee more intense protection of working conditions and the health and safety of workers or to prevent the risk of criminal infiltration. This last assessment is disregarded when additional subcontractors are registered in the list of suppliers, service providers and executors of works referred to in paragraph 52 of article 1 of law no. 6 November 2012. 190, or in the anti-mafia register of perpetrators established by article 30 of the legislative decree of 17 October 2016, n. 189, converted, with amendments, by law 15 December 2016, n. 229. 18. The provisions of this article also apply to temporary groupings and companies, including consortiums, when the combined or consortium companies do not intend to directly perform the separable services; they also apply to contracts with a negotiated procedure. For the purposes of applying the provisions of this article, in derogation of article 68, paragraph 15, the establishment of the joint venture is permitted when the associating member does not intend to directly perform the services contracted. 19. This is without prejudice the power for the regions with special statutes and for the autonomous provinces of Trento and Bolzano, on the basis of their respective statutes and related implementation rules and in compliance with current European legislation and the principles of European law, to regulate further cases of direct payment of subcontractors. 20. The contracting authorities issue the certificates necessary for participation and qualification to the contractor, deducting the value and category of what is carried out through the subcontract from the entire value of the contract. Subcontractors may request from the contracting authorities the certificates relating to the contracted services performed. EFFECTIVE FROM: 1 July 2023 (paragraph 5 from 1 January 2024)