Article 125. Advance payment, methods and terms of payment of the consideration.

1. The amount of the advance price equal to 20 percent is calculated on the value of the procurement contract, to be paid to the contractor within fifteen days of the actual start of the service even in the case of delivery of the works or start of execution on an urgent basis, pursuant to article 17, paragraphs 8 and 9. An increase in the advance price of up to 30 percent may be foreseen with the tender documents. These provisions do not apply to the supply and service contracts indicated in Annex II.14. For multi-year contracts, the advance amount must be calculated on the value of the services for each accounting year, established in the payment timetable, and is paid within fifteen days from the actual start of the first useful service relating to each year, according to the timetable. of performance. The provision of the advance is subject to the establishment of a bank or insurance guarantee for an amount equal to the advance increased by the legal interest rate applied to the period necessary to recover the advance according to the service timetable. The guarantee is issued by the subjects referred to in article 106, paragraph 3, in the manner provided for in the second period of the same paragraph. The amount of the guarantee is gradually and automatically reduced during the performance, in relation to the progressive recovery of the advance by the contracting authorities. The beneficiary forfeits the advance, with the obligation to repay it, if the execution of the service does not proceed, due to delays attributable to him, according to the contractual times. Legal interest is due on the returned sums starting from the date of disbursement of the advance. 2. In works contracts, payments relating to the advance payments are made within thirty days starting from the adoption of each state of progress, unless a different term is expressly agreed in the contract, in any case not exceeding sixty days and provided that this is objectively justified by the particular nature of the contract or by certain of its characteristics. 3. The state of progress of the works, obtained from the accounting register, is adopted in the manner and within the terms indicated in the contract. To this end, the works manager ascertains without delay the achievement of the contractual conditions. Failure to do so will be communicated by the person carrying out the work. At the same time as the positive outcome of the assessment, or at the same time as receiving the communication from the executor, the works manager adopts the state of progress of the works and transmits it to the RUP, except as provided for in paragraph 4. 4. In case of discrepancies between the assessments of the director of works and those of the executor regarding the achievement of the contractual conditions for the adoption of the state of progress, the director of works, following a timely discussion with the executor, archives the communication referred to in the paragraph 3 or adopts the progress report and immediately transmits it to the RUP. 5. The payment certificates relating to the advance payments are issued by the RUP at the same time as the adoption of each progress report and in any case within a period not exceeding seven days. The RUP, after verifying the contributory regularity of the executor and subcontractors, sends the payment certificate to the contracting authority, which proceeds with the payment pursuant to paragraph 2. The executor issues an invoice upon adoption of the payment certificate. The unjustified delay in issuing payment certificates may constitute a reason for evaluating the RUP for the purposes of paying the incentive pursuant to article 45. The executor may issue an invoice at the time of adopting the state of progress of the works. The issuing of the invoice by the executor is not subject to the release of the payment certificate by the RUP. 6. In service and supply contracts with characteristics of periodicity or continuity, which provide for the payment of advances on the consideration, apply the provisions of paragraphs 3, 4 and 5. 7. Upon the positive outcome of the testing in works contracts and the verification of conformity in service and supply contracts, and in any case within a period not exceeding seven days from issuing the relevant certificates, the RUP issues the payment certificate relating to the balance instalment; payment is made within thirty days starting from the positive outcome of the testing or conformity verification, unless a different term is expressly agreed in the contract, in any case not exceeding sixty days and provided that this is objectively justified by the particular nature of the contract or by some of its characteristics. The payment certificate does not constitute a presumption of acceptance of the work, pursuant to article 1666, second paragraph, of the civil code. Paragraph 5, third and fourth sentences apply. 8. The provisions of article 4, paragraph 6, of Legislative Decree 9 October 2002, no. remain unchanged. 231. 9. In case of delay in payments with respect to the terms referred to in this article or to the different terms established by the contract, the provisions of articles 5 and 6 of the legislative decree of 9 October 2002, n. 231, on the subject of default interest. 10. The digital platforms referred to in article 25 ensure the traceability of electronic invoices to the advance payments corresponding to the states of progress and to all payments of the individual contracts, guaranteeing interoperability with the central systems of public accounting. The aforementioned platforms are integrated with the technological platform for interconnection and interoperability between public administrations and authorized payment service providers, provided for by article 5 of the digital administration code, referred to in the legislative decree of 7 March 2005, n. 82. EFFECTIVE FROM: July 1, 2023