Article 175. Planning, preliminary evaluation, control and monitoring.

1. Public administrations adopt the three-year program of public needs suitable to be satisfied through forms of public-private partnership. 2. The use of public-private partnership is preceded by a preliminary assessment of convenience and feasibility. The assessment focuses on the suitability of the project to be financed with private resources, on the conditions necessary to optimize the relationship between costs and benefits, on the efficient allocation of operational risk, on the ability to generate innovative solutions, as well as on the debt capacity of the entity and on the availability of resources on the multi-annual budget. To this end, the evaluation compares the estimate of the costs and benefits of the partnership project, over the entire duration of the relationship, with that of the alternative use of the procurement contract for an equivalent period of time. 3. In cases of projects of state interest or projects financed with a contribution paid by the State, for which CIPESS is not already expected to be expressed, the granting bodies interested in developing the projects according to the public-private partnership formula, whose amount of works or services is for an amount equal to or greater than 250 million euros, request an opinion, for the purposes of the preliminary assessment referred to in paragraph 2, from CIPESS, having consulted the consultancy unit for the implementation of the guidelines for the regulation of services public utility (NARS). CIPESS issues a decision within forty-five days of the request. In cases of projects of state interest or financed with a contribution paid by the State, for which the expression of the CIPESS is not foreseen, the granting bodies interested in developing the projects according to the public-private partnership formula, whose amount of works or services is for an amount equal to or greater than 50 million euros and less than 250 million euros, require a prior, non-binding opinion, for the purposes of the preliminary assessment referred to in paragraph 2, from the Department for planning and coordination of the economic policy (DIPE) of the Presidency of the Council of Ministers; this opinion is issued in agreement with the Ministry of Economy and Finance - Department of State General Accounting within forty-five days of the request; once the deadline has passed, unless suspended for documentary integration in accordance with the provisions of article 2, paragraph 7, of law 7 August 1990, n. 241, article 16, paragraph 2, of law no. applies. 241 of 1990. The aforementioned opinions must be requested before the publication of the tender notice in the case of a public initiative project or before the declaration of feasibility in the case of a private initiative project. The President of the Council of Ministers, after the preliminary evaluation, can submit the contract outline to the opinions of the Superior Council of Public Works and the Council of State, also for the evaluation of profiles other than that of convenience. 4. The regions and local authorities may request the opinion of the DIPE referred to in paragraph 3 when the complexity of the contractual operation requires it. 5. The granting body, having heard the economic operator, entrusts the functions to the RUP appointed pursuant to article 15. as sole manager of the partnership project. The manager coordinates and controls, from a technical and accounting point of view, the execution of the contract, constantly verifying compliance with the quality and quantity levels of the services. 6. The granting body exercises control over the economic operator's activity, verifying in particular that the transferred operational risk remains with the economic operator. The economic operator provides all the information necessary for the purpose, in the manner established in the contract. 7. The monitoring of public-private partnerships is entrusted to the Presidency of the Council of Ministers - Department for the planning and coordination of economic policy and to the Ministry of economy and finance - Department of the State General Accounting Office, who exercise it through access to the portal on the monitoring of public-private partnership contracts established at the State General Accounting Office through which the granting bodies are required to transmit the information on the contracts stipulated. The granting bodies are also required to highlight the public-private partnership contracts stipulated through a specific annex to the financial statements with the indication of the single project code (CUP) and the tender identification code (CIG), of the overall value of the contract, the duration, the amount of the public contribution and the amount of the investment paid by the private individual. 8. The best practices regarding forms and technical characteristics of financing are published and periodically updated on the portal referred to in paragraph 7 of the most common public-private partnerships on the market. 9. For public accounting purposes only, the contents of the Eurostat decisions to which the public administrations are required pursuant to Article 1, paragraphs 2 and 3, of the law of 31 December apply. 2009, n. 196. EFFECTIVE FROM: July 1, 2023