Article 124. Execution or completion of works, services or supplies in the event of insolvency proceedings or impediment to the continuation of the assignment with the designated executor.

1. Without prejudice to the provisions of paragraphs 4 and 5, in the event of judicial liquidation, compulsory liquidation and preventive composition, or termination of the contract pursuant to article 122 or withdrawal from the contract pursuant to article 88, paragraph 4 -ter, of the code of anti-mafia laws and prevention measures, pursuant to legislative decree 6 September 2011, n. 159, or in the event of a judicial declaration of ineffectiveness of the contract, the contracting authorities progressively consult the subjects who participated in the original tender procedure, resulting from the relevant ranking, to stipulate a new contract for the assignment of the execution or completion of the works, services or supplies, if technically and economically possible. 2. The award takes place under the same conditions already proposed by the original successful tenderer at the site on offer. The contracting authorities may provide in the tender documents that the new award takes place under the conditions proposed by the economic operator consulted. 3. For contracts for the construction of public works for an amount equal to or greater than the thresholds referred to in Article 14 and of services and supplies of an amount equal to or greater than 1 million euros, in derogation from paragraphs 1 and 2, article 216, paragraphs 2 and 3. 4. The liquidator of the judicial liquidation procedure, authorized to exercise temporary agency of the company, may, upon authorization of the delegated judge, stipulate the contract if the award occurred before the declaration of judicial liquidation and execute the contracts and framework agreements already stipulated by the company subject to judicial liquidation. The authorization to stipulate the contract must occur within the deadline referred to in article 18, paragraph 2; failing which, the liquidator is to be considered released from any obligation and the contracting authority proceeds in accordance with paragraphs 1 and 2. 5. For contracts in progress, the companies that have filed the application for access to the composition with creditors, also the pursuant to article 44, paragraph 1, of the business crisis and insolvency code, referred to in legislative decree 12 January 2019, n. 14, paragraphs 1 and 2 of article 95 of the same code apply. In the event that the application referred to in the first period was filed after the adoption of the award provision, the stipulation of the contract must be authorized within the deadline set by paragraph 4, pursuant to article 95, paragraphs 3 and 4, of the code referred to in legislative decree no. 14 of 2019. 6. The provisions of article 32 of the legislative decree of 24 June 2014, n. 90, converted, with amendments, by law 11 August 2014, n. 114, regarding extraordinary business management measures in the field of corruption prevention.
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