Article 129. Reserved contracts.

1. The contracting authorities have the right, with a notice prepared in accordance with the following provisions, to reserve to the entities referred to in paragraph 2 the right to participate in the procedures for the awarding of the health, social and cultural services identified in Annex Directive 2014/24/EU of the European Parliament and of the Council, of 26 February 2014. 2. Without prejudice to the provisions of Article 6, the following conditions must be satisfied: a) the reserved bodies must have as their statutory objective the pursuit of a public service mission linked to the provision of the services referred to in paragraph 1; b) there must be a restriction on the reinvestment of profits, for the achievement of the statutory objectives or, in any case, a distribution or redistribution based on participatory considerations; c) the management or ownership structures of the entities must be based on participatory or employee shareholding principles, or require the active participation of employees, users or interested parties. 3. The reserve in favor of entities that in the three years prior to the assignment have already been awarded a contract or concession for the services referred to in paragraph 1, arranged in accordance with this article. 4. The maximum duration of the contract cannot exceed three years. EFFECTIVE: July 1, 2023

Relazione

REPORT Article 129 concerns the right of contracting authorities to reserve to certain entities the right to participate in procedures for the awarding of health, social and cultural services identif...

Commento

NEW • For better intelligibility, it was preferred to identify the sectors involved (currently listed with the relevant CPV codes) by referring to Annex XIV to Directive 2014/24/EU of the European Pa...
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