Article 134. Free contracts and special forms of partnership.

1. For all activities aimed at the protection and enhancement of cultural heritage, the administration may stipulate free contracts, pursuant to Article 8, paragraph 1, of the code, without prejudice to the provisions of the administration responsible for their protection in order to the planning and execution of the works and supplies and to the management of the works and their testing. 2. To ensure the enjoyment of the nation's cultural heritage and also encourage scientific research applied to its protection or valorisation, the State , the regions and territorial bodies can, with the human, financial and instrumental resources available under current legislation, activate special forms of partnership with public bodies and bodies and with private entities, aimed at allowing the recovery, restoration, scheduled maintenance, the management, opening to public use and valorisation of cultural assets, through simplified procedures for identifying the private partner similar to or additional to those provided for in Article 8. 3. The provisions of Article 106 remain unchanged, paragraph 2-bis, of the cultural heritage and landscape code, pursuant to legislative decree 22 January 2004, n. 42. 4. The awarding of contracts for the sponsorship of works, services or supplies for amounts exceeding 40,000 euros, through the donation of money or the assumption of debt, or other methods of assuming the payment of the amounts due, including those relating to cultural heritage as well as sponsorship contracts aimed at supporting cultural institutions and places, referred to in article 101 of the cultural heritage and landscape code, pursuant to legislative decree 22 January 2004, n. 42, of the lyric-symphonic foundations and traditional theatres, is subject exclusively to the prior publication on the website of the contracting authority, for at least thirty days, of a specific notice, which makes known the search for sponsors for specific interventions, or we communicate the receipt of a sponsorship proposal, briefly indicating the content of the proposed contract. Once the period of publication of the notice has passed, the contract can be freely negotiated, provided that the principles of impartiality and equal treatment between operators who have expressed interest are respected, without prejudice to compliance with articles 66, 94, 95, 97 and 100 regarding the verification of the requirements of the executors and the qualification of the economic operators. In the event that the sponsor intends to carry out the works, provide the services or supplies directly at its own expense and care, the need to verify the possession of the requirements of the executors remains, in compliance with the European principles and limits on the matter and do not find application of national and regional provisions regarding public contracts for works, services and supplies, with the exception of those on the qualification of designers and executors. The contracting authority and the administration responsible for the protection of cultural heritage issue appropriate provisions regarding the design, execution of the works or supplies and the management of the works and testing of the same. EFFECTIVE FROM: 1 July 2023