Article 14. Thresholds of European relevance and methods for calculating the estimated amount of contracts. Discipline of mixed contracts.

1. For the application of the code, the thresholds of European relevance are: a) 5,382,000 euros for public contracts for works and for concessions; b) 140,000 euros for public contracts for supplies, services and for public design competitions awarded by contracting authorities which are central government authorities indicated in Annex I to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014; if public supply contracts are awarded by contracting authorities operating in the defense sector, this threshold applies only to contracts concerning the products mentioned in Annex III to Directive 2014/24/EU; c) euro 215,000 for public supply contracts supplies, services and for public design competitions awarded by sub-central contracting authorities; this threshold also applies to public supply contracts awarded by central government authorities operating in the defense sector, when the contracts concern products not mentioned in Annex III to Directive 2014/24/EU; d) €750,000 for supply contracts social and similar services listed in Annex supply and service contracts and for public design competitions; c) euro 1,000,000 for service contracts, for social and similar services listed in Annex XIV to Directive 2014/24/EU. 3. The The thresholds referred to in this article are periodically redetermined by provision of the European Commission, published in the Official Journal of the European Union. 4. The calculation of the estimated amount of a public works, services and supplies contract is based on the total amount payable , net of value added tax (VAT), assessed by the contracting authority. The calculation takes into account the maximum estimated amount, including any form of any options or contract renewals explicitly established in the tender documents. When the contracting authority provides for prizes or payments for candidates or tenderers, it shall take this into account in the calculation of the estimated amount of the contract. 5. If a contracting authority or a granting body is composed of distinct operational units, the calculation of the estimated amount of a contract or concession takes into account the total estimated amount for all individual operating units. If a distinct operational unit is independently responsible for its own contract or concession or certain categories of them, the relevant amount can be estimated by reference to the amount attributed by the distinct operational unit. 6. The choice of method for the calculation of the estimated amount of a contract or concession cannot be done to avoid the application of the provisions of the code relating to the European thresholds. A contract cannot be split up to avoid the application of the rules of the code, except in the case in which objective reasons justify it. 7. The estimated amount of the contract or concession is quantified at the time of sending the notice of call of the tender or of the tender notice or, in cases where a call for tenders is not foreseen, at the moment in which the contracting authority or the granting body starts the procedure for awarding the contract. 8. For public procurement works, the calculation of the estimated amount takes into account the amount of the works themselves as well as the total estimated amount of all supplies and services made available to the successful tenderer by the contracting authority, provided that they are necessary for the execution of the works. The amount of supplies or services not necessary for the execution of a specific works contract cannot be added to the amount of the works contract so as to subtract the purchase of such supplies or services from the application of the provisions of the code . 9. For contracts relating to works and services: a) when a planned work or provision of services may give rise to contracts awarded for separate lots, the estimated total amount of all such lots shall be calculated; b) when the cumulative amount of the lots is equal to or greater than the thresholds referred to in paragraphs 1 and 2, the provisions of the code apply to the award of each lot. 10. For supply contracts: a) when a project aimed at obtaining homogeneous supplies may give rise to contracts awarded for distinct lots, in the application of the thresholds referred to in paragraphs 1 and 2 the estimated total amount of all such lots is calculated; b) when the cumulative amount of lots is equal to or greater than the thresholds referred to in paragraphs 1 and 2, the provisions of the code apply to the award of each lot. 11. Notwithstanding the provisions of paragraphs 9 and 10, the contracting authorities may award the contract for individual lots without applying the provisions of the code when the estimated amount net of VAT of the lot is less than 80,000 euros for supplies or services, or 1,000,000 euros for works, provided that the cumulative amount of the lots awarded does not exceed 20 percent of the total amount of all the lots into which the planned work, the project for the acquisition of homogeneous supplies or the project for the provision of services have been divided. 12. If the public procurement of supplies or services present regular characteristics or are intended to be renewed within a given period, is used as the basis for calculating the estimated amount of the contract: a) the actual total amount of similar contracts concluded during the previous twelve months or the the previous financial year, adjusted, where possible, in order to take into account changes in terms of quantity or amount that could occur in the twelve months following the initial contract; b) the total estimated amount of the contracts awarded during the twelve months following the first delivery or during the financial year, if this is longer than twelve months. 13. For public supply contracts having as their object the financial leasing, rental or hire purchase of products, the amount to be take as the basis for calculating the estimated amount of the contract is the following: a) for public contracts with a fixed duration of twelve months or less, the overall estimated amount for the duration of the contract or, if the duration exceeds twelve months, the total amount, including the estimated amount of the residual amount; b) for public contracts of indeterminate duration or which cannot be defined, the monthly amount multiplied by forty-eight. 14. For public service contracts, the amount to be used as the basis for calculating the estimated amount of the contract, depending on the type of service, is as follows: a) for insurance services the premium to be paid and other forms of remuneration ; b) for banking and other financial services, the fees, commissions to be paid, interest and other forms of remuneration; c) for contracts relating to design, the fees, commissions to be paid and other forms of remuneration; d) for public service contracts that do not fix an overall price: 1) in the case of contracts with a fixed duration equal to or less than forty-eight months, the overall amount estimated for their entire duration; 2) in case of contracts of indefinite duration or longer than forty-eight months, the monthly amount multiplied by 48. 15. The calculation of the estimated amount of a mixed contract for services and supplies is based on the total amount of the services and supplies, regardless of the respective shares. This calculation includes the amount of laying and installation operations. 16. For framework agreements and dynamic purchasing systems, the amount to be taken into consideration is the maximum estimated amount net of VAT of the complex of contracts envisaged during the entire duration of the framework agreements or the dynamic purchasing system. 17. In the case of innovation partnerships, the amount to be taken into consideration is the estimated maximum amount, net of VAT, of the research and development activities that will take place for all phases of the envisaged partnership, as well as the supplies, services or works to be developed and provided at the end of the partnership. 18. Contracts which have as their object two or more types of services are awarded according to the provisions applicable to the type of contract which constitutes their main object. The main object is determined on the basis of the highest estimated amount among those of the services covered by the contract. The economic operator who participates in the procedure for awarding a mixed contract must possess the qualification and ability requirements prescribed by the code for each provision of works, services and supplies envisaged by the contract. 19. If the different parts of a contract are objectively separable, paragraphs 20 and 21 apply. If the different parts of a contract are objectively non-separable, paragraph 23. 20 applies. In the case of contracts which due to their object only partially fall within the scope of application of the code , contracting authorities may choose to award separate contracts or to award a single contract. If contracting authorities choose to award separate contracts, the legal regime applicable to each such contract shall be determined according to its subject matter. 21. Mixed contracts containing elements of both supplies, works and services contracts in the ordinary sectors and concessions are awarded in accordance with the provisions of the code governing procurement in ordinary sectors, provided that the estimated amount of the part of the contract constituting a procurement, calculated in accordance with this Article, is equal to or greater than the relevant threshold. 22. In the case of contracts whose object falls partly within the ordinary sectors and partly within the special sectors, the applicable provisions are determined by the following paragraphs, without prejudice to the option referred to in paragraph 20. 23. If the different parts of a given contract are objectively non-separable, the applicable legal regime is determined on the basis of the main object of the contract in question. 24. In special sectors, in the case of contracts concerning services instrumental to multiple activities, contracting authorities may choose to award separate contracts for each activity or to award a single contract. If contracting authorities choose to award separate contracts, the legal regime applicable to each of them is determined on the basis of the activity for which it is instrumental. If the contracting authorities decide to award a single contract, paragraphs 25 and 26 apply. The decision to award a single contract or several separate contracts cannot be adopted with the aim of excluding the contract or contracts from the scope of application of the code. 25. The provisions relating to the main activity for which the service is intended apply to a contract whose object is services instrumental to the performance of more than one activity. 26. In the case of contracts whose object is services for which it is objectively impossible to establish to which activity they are mainly instrumental, the applicable provisions are determined as follows: a) the contract is awarded in accordance with the provisions of the code governing contracts in ordinary sectors if one of the activities is governed by the provisions relating to the award of contracts in the ordinary sectors and the other by the provisions relating to the awarding of contracts in the special sectors; b) the contract is awarded in accordance with the provisions of the code governing contracts in the special sectors if one of the activities is governed by the provisions relating to award of contracts in the special sectors and the other by the provisions relating to the award of concessions; c) the contract is awarded in accordance with the provisions of the code governing contracts in the special sectors if one of the activities is governed by the provisions relating to award of contracts in the special sectors and the other is not subject to these provisions, nor to those relating to the award of contracts in the ordinary sectors or to the provisions relating to the award of concessions. 27. In the case of mixed contracts containing elements of supplies, works and services contracts in the special sectors and concessions, the mixed contract is awarded in accordance with the provisions of the code governing contracts in the special sectors, provided that the estimated amount of the part of the contract which constitutes a contract governed by these provisions, calculated in accordance with this Article, is equal to or greater than the relevant threshold. 28. For mixed contracts concerning defense and security aspects, Article 137 shall apply. 29. For mixed concession contracts, Article 137 shall apply. 180. EFFECTIVE FROM: July 1, 2023