Article 136. Defense and security.

1. The provisions of the code apply to contracts awarded in the defense and security sectors, with the exception of contracts: a) which fall within the scope of application of Legislative Decree 15 November 2011, n. 208; b) to which legislative decree no. does not apply either. 208 of 2011, by virtue of article 6 of the same decree. 2. The application of the code is in any case excluded for public procurement and design competitions, when the protection of the essential security interests of the State cannot be guaranteed through suitable measures and also aimed at protecting the confidentiality of the information that contracting authorities make available in a contract award procedure. 3. To the awarding of concessions in the defense and security sectors, pursuant to Legislative Decree no. 208 of 2011, Book IV of the code applies except for concessions relating to hypotheses to which Legislative Decree no. does not apply either. 208 of 2011 by virtue of article 6 of the same decree. 4. For the contracts referred to in this article as well as for the interventions to be carried out in Italy and abroad as a result of international, multilateral or bilateral agreements, and 58also for the economic work carried out by the troops and departments of the Military Engineers for which the amount limits referred to in Article 14 do not apply, Annex II.20 applies. Upon first application of the code, Annex II.20 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, by decree of the Minister of Defence, adopted in concert with the Minister of Infrastructure and Transport, which replaces it entirely also as an annex to the code. 5. For purchases made abroad by the defense administration, relating to machinery, instruments and precision objects, which can be supplied, with the required technical requirements and degree of perfection, only by foreign economic operators, advances of an amount not exceeding one third of the total amount of the contract price may be granted, subject to the provision of suitable guarantee. EFFECTIVE: July 1, 2023