Article 167. Further provisions applicable in the choice of the contractor.

1. For the selection of participants and offers in the procedures for choosing the contractor in the special sectors, the following provisions apply: a) the contracting authorities or granting bodies which are public administrations appoint a judging commission; b) the deadlines for the submission of applications for participation in accordance with the provisions of article 92, paragraph 1; c) except as established by articles 168 and 169, the absence of the causes of exclusion provided for by articles 94, 95 is ascertained, with reference to the international agreements listed in Annex and 169, possession of the participation requirements set out in articles 100 and 103 is required; e) preliminary assistance is permitted in the manner and within the limits set out in article 101; f) it is established that the economic operators present the documentation required by articles 91 and 105; g) recourse to availment is permitted in accordance with the provisions of article 104; h) the conformity of the offers is verified and the contract is awarded procurement in accordance with Articles 107, 108 and 110. 2. When selecting participants in a restricted or negotiated procedure, in a competitive dialogue or for an innovation partnership, when deciding on qualification pursuant to Article 168 or when they arrange for the updating of qualification systems, contracting authorities or granting bodies: a) do not impose administrative, technical or financial conditions on certain economic operators without imposing them on others; b) do not require proof or justification present in valid documentation already available. EFFECTIVE FROM: 1 July 2023

Relazione

REPORT The art. 167 contains further provisions applicable in the choice of the contractor. In particular in paragraph 1, the provisions relating to the conduct of tender procedures in the ordinary ...

Commento

NEW • In recalling the applicable provisions of the ordinary sectors, the compatibility clause that was present in the art. is not reproduced. 133 of the Legislative Decree. 50/16: "the provisions of...
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