Article 186. Concessionaires' assignments.

1. The provisions of the code on procurement apply to contracts awarded by concessionaires who are contracting authorities. 2. Holders of works and public service concessions, with the exception of those governed by Book III, already in existence on of entry into force of the code, of an amount equal to or greater than the threshold of European relevance, and not entrusted in accordance with the European Union law in force at the time of the assignment or extension, entrust through a public tender procedure a share of between 50% one hundred and 60 percent of the works, services and supplies contracts conventionally established by the grantor and the concessionaire; the granting body takes into account the economic dimensions and characteristics of the company, the time at which the concession was awarded, its residual duration, its object, its economic value and the extent of the investments made. The assignment takes place through a public procedure, with the provision of social clauses for the stability of the personnel employed and for the protection of professionalism. 3. In case of proven indivisibility of the provision of services deducted under concession, in replacement of of outsourcing referred to in paragraph 2, the concessionaire pays the granting body an amount between the minimum of 5 percent and the maximum of 10 percent of the profits envisaged by the economic-financial plan, taking into account the period of assignment of the concession , its duration, its object, its economic value and the extent of the investments. 4. The concessions referred to in paragraphs 2 and 3 already in existence are adapted to the aforementioned provisions within six months of their entry into force force of the code. 5. The methods for calculating the quotas referred to in paragraph 2, first period, are defined by ANAC within sixty days from the date of entry into force of the code. The ANAC supervises the application of this article also taking into account the value of the services performed. 6. For motorway concessionaires, the quotas and determination criteria referred to in paragraph 2 are calculated on the basis of the amounts resulting from the attached financial economic plans to conventional acts. Verification of compliance with the aforementioned thresholds is carried out by the grantor every five years. To this end, the concessionaires present the overall plan of works, services and supplies to the grantor. Where situations of imbalance with respect to the mandatory award quotas indicated in paragraph 2, first sentence are ascertained, rebalancing measures are adopted when updating the concession relationship in accordance with the relevant economic and financial plans. In the event of failure to comply with the quotas referred to in paragraph 2, the granting body may also request the concessionaire to present surety guarantees. These surety guarantees are released when the economic-financial plan is updated where compliance with the quotas referred to in paragraph 2. 7 is ascertained. Motorway concessions relating to motorways affecting one or more regions may be entrusted by the Ministry of Infrastructure and of transport to in-house companies of other public administrations, including those specially established. To this end, similar control over the aforementioned in-house company can be exercised by the Ministry of Infrastructure and Transport through a committee governed by a specific agreement pursuant to article 15 of law no. 7 August 1990. 241, which exercises the relevant powers over the in-house company. EFFECTIVE FROM: 1 July 2023