Article 140. Procedures in cases of extreme urgency and civil protection.

1. In circumstances of extreme urgency which do not allow for any delay, upon the occurrence of unforeseen or unforeseeable events of damage or danger capable of causing concrete damage to public and private safety, or in the reasonable anticipation of the imminent occurrence of the same, whoever among the RUP or other technician of the competent administration goes to the site first and can order the immediate execution of the works within the limit of 500,000 euros or what is indispensable to remove the state of prejudice to public and private safety. Under the same conditions, the subject referred to in the previous period can arrange for the immediate acquisition of services or supplies within the limit of what is indispensable to remove the state of prejudice to public and private safety and, in any case, within the limits of the European threshold. The person who orders, pursuant to this paragraph, the immediate execution of works or the immediate acquisition of services or supplies draws up, at the same time, a report in which the description of the circumstance of extreme urgency, the causes that led to it are indicated caused and the works, services and supplies to be implemented to remove it. 2. The execution of the works and the acquisition of extremely urgent services and supplies can be entrusted directly and in derogation of the procedures referred to in the articles 37 and 41 of the code to one or more economic operators identified by the RUP or another technician of the competent administration. 3. The fee for the services ordered is defined by mutual agreement with the contractor; in the absence of a prior agreement, the RUP may order the contractor to carry out supplies, services or processes or to supply materials on the basis of prices defined through the use of official reference price lists, reduced by 20 percent. The prices referred to in the first period, if relating to the execution of works, are in any case admitted into the accounting and, if relating to the acquisition of supplies and services, are attached to the minutes and signed by the economic operator; where the executor does not enter a reservation in the accounting documents, the prices are considered definitively accepted. 4. The RUP or other technician of the competent administration compiles an appraisal justifying the services requested within ten days of the execution order and sends it, together to the emergency report, to the contracting authority which covers the expense and approves the assigned service. If the competent administration is a local authority, the coverage of the expenditure is ensured in the manner provided for in articles 191, paragraph 3, and 194 paragraph 1, letter e), of the consolidated text of the laws on the organization of local authorities, of which to the legislative decree of 18 August 2000, n. 267. 5. If a service, a supply, a work or a job, ordered for reasons of extreme urgency, does not obtain the approval of the competent administrative body, the related execution is suspended immediately and we proceed, subject to in the safety of the construction site in the event of works, to the suspension of the service and to the payment of the fees due for the part completed. 6. For the purposes of this article, the occurrence of the events referred to in article 7 also constitutes a circumstance of utmost urgency. of the civil protection code, pursuant to legislative decree 2 January 2018, n. 1, or the reasonable prediction of the imminent occurrence of the same, which requires the adoption of indelayable measures, within the limits of what is strictly necessary. The circumstance of extreme urgency, in such cases, is considered persistent until the harmful or dangerous situations for public or private safety deriving from the event are eliminated, and in any case for a period not exceeding fifteen days from the onset of the event, or within the deadline established by any declaration of the state of emergency referred to in Article 24 of the code referred to in Legislative Decree no. 1 of 2018; in such circumstances and within the same time limits, the contracting authorities may award public contracts for works, services and supplies with the procedures provided for in this article. 7. If the awarding procedures are adopted in conditions of extreme urgency provided for in this article, as well as, limited to civil protection emergencies, the procedures referred to in article 76, paragraph 2, letter c), and there is an urgent need to ensure the timely execution of the contract, the assignees declare, by self-certification, made pursuant to of the consolidated text of the legislative and regulatory provisions regarding administrative documentation, referred to in the decree of the President of the Republic of 28 December 2000, n. 445, the possession of the participation requirements required for the awarding of contracts of equal amount through the ordinary procedure. The contracting authority checks possession of the requirements within a reasonable timeframe, compatible with the management of the ongoing emergency situation and in any case not exceeding sixty days from the award. The contracting authority gives an account, with adequate justification, in the first act following the checks carried out, of the existence of the relevant conditions; in any case it is not possible to proceed with payment, even partial, in the absence of the relevant checks with a positive outcome. If, following the check, the assignment to an operator without the aforementioned requirements is ascertained, the contracting authority withdraws from the contract, without prejudice to the payment of the value of the services performed and the reimbursement of any expenses incurred for the execution of the remaining part , within the limits of the benefits achieved, and proceeds with reporting to the competent authorities. 8. Exceptionally, to the extent strictly necessary, direct assignment may also be authorized above the limits referred to in paragraph 1, for a period of time limited, in any case not exceeding thirty days and only for individual specific cases which cannot be postponed and within the maximum amount limits established in the provisions referred to in paragraph 2 of article 24 of the code referred to in Legislative Decree no. 1 of 2018. Direct awarding for the reasons referred to in this article is in any case not permitted for works contracts of an amount equal to or greater than the European threshold and for service and supply contracts of an amount equal to or greater than three times the European threshold. 9. Limited to public contracts for supplies and services referred to in paragraphs 3 and 6, for an amount equal to or greater than 140,000 euros, for which lists of prices defined through the use of official reference price lists are not available, when the times made necessary by the circumstance of extreme urgency do not allow the use of ordinary procedures, the contractors undertake to provide the services and supplies requested at a provisional price established by mutual agreement between the parties and to accept the definitive determination of the price following a specific evaluation of congruity. 10. The documents relating to the assignments referred to in this article are published on the institutional website of the institution, with specific indication of the assignee, the methods of choice and the reasons which did not allow the use of ordinary procedures. At the same time, and in any case within a reasonable deadline compatible with the management of the emergency situation, they are sent to the ANAC for the relevant checks, without prejudice to the legitimacy checks on the acts provided for by the regulations in force. 11. On the occasion of events for the which state of emergency of national importance is declared pursuant to Article 24 of the code referred to in Legislative Decree 2 January 2018, n. 1, without prejudice to the right to provide for further derogatory measures permitted within the provisions adopted pursuant to Article 25 of the same code referred to in Legislative Decree no. 1 of 2018, public contracts for works, supplies and services may be awarded in derogation of the following provisions of this code: a) article 14, paragraph 12, letter a), to allow the autonomous determination of the estimated value of contracts for the acquisition of homogeneous and similar goods and services, characterized by regularity, to be renewed periodically within the emergency period; b) article 15, paragraph 2, first sentence, relating to the necessary identification of the RUP among the employees of the contracting station or of the granting body, to allow the contracting stations, where strictly necessary, to identify the RUP among suitable subjects even outside the same contracting authorities, provided they are permanent employees of other public entities or bodies; c) article 37, relating to the necessary prior planning of the works and purchases of goods and services, to allow the contracting authorities to award the contract even in the absence of prior planning of the related intervention; d) article 49, to allow contracting authorities to simplify the award procedure and adapt its timing to the needs of the emergency context, in compliance with the general principles of the legal system and the rules of the European Union; e) article 108, paragraphs 1, 2, 3, 4, 6, 7, 8, 11, to allow the general use of the lowest price criterion. 12. Without prejudice to the provisions of this article for contracts awarded in extreme urgency, on the occasion of emergency events referred to in article 7, paragraph 1, letters b) and c), of the code referred to in legislative decree no. 1 of 2018, for which a regional or national state of emergency has been declared pursuant to Article 24 of the aforementioned code, or in the reasonable anticipation of their imminent occurrence, even in the absence of the provision referred to in Article 23 of the aforementioned code: a) the amounts referred to in article 50, paragraph 1, of this code are doubled, within the limits of the thresholds referred to in article 14, for the works, services and supplies contracts referred to in article 25 , paragraph 2, letters a), b) and d), of the code referred to in Legislative Decree no. 1 of 2018; b) the time limit referred to in paragraph 4 of this article is established as thirty days; c) coverage of the expenditure referred to in paragraph 4 of this article can be ensured, in derogation of the provisions of articles 191, paragraph 3, and 194 paragraph 1, letter e), of the consolidated text referred to in Legislative Decree no. . 267 of 2000: 1) for events of national importance, within the financial resources made available in relation to the specific emergency context and with the procedures provided for in the provisions referred to in Article 25 of the code referred to in Legislative Decree no. 1 of 2018; 2) for events of regional importance, within the financial resources made available in relation to the specific emergency context and with the procedures envisaged by the regional regulations adopted in implementation of article 24, paragraph 9, of the code of referred to in Legislative Decree no. 1 of 2018 or in another suitable regional provision; d) the competent administration is identified in the implementing body, where identified, referred to in paragraph 6 of article 25 of the code referred to in legislative decree no. 1 of 2018. EFFECTIVE FROM: 1 July 2023 (from 2 June 2023 for post-flood interventions see “Flood Decree” DL 61/2023 art. 19)