Article 18. The contract and its stipulation.

1. The contract is stipulated, under penalty of nullity, in written form pursuant to Annex I.1, article 3, paragraph 1, letter b), in electronic mode in compliance with the relevant provisions of the digital administration code, of pursuant to legislative decree 7 March 2005, n. 82, in a public administrative form by the authorizing officer of the contracting authority, with a public electronic notarial deed or by private deed. In the case of a negotiated procedure or for direct assignments, through correspondence according to commercial use, consisting of a specific exchange of letters, also via certified e-mail or qualified certified electronic delivery systems pursuant to EU regulation no. 910/2014 of the European Parliament and of the Council of 23 July 2014. The specifications and the estimated metric calculation, referred to in the notice or invitation, are an integral part of the contract. 2. The award has become effective pursuant to Article 17 , paragraph 5 and without prejudice to the exercise of self-defense powers, the contract will be signed within the following sixty days even if litigation is pending. An exception is made: a) for the hypotheses provided for by paragraph 4 of this article and by article 55, paragraph 2; b) in the case of a different deadline provided for in the notice or invitation to tender; c) in the event of a deferral agreed with the successful tenderer and motivated on the basis of the interest of the contracting authority or the granting body, compatibly with the general interest in the prompt execution of the contract. 3. The contract cannot be stipulated before thirty-five days from the sending of the last communication of the award decision. This dilatory period does not apply in cases: a) of procedures in which only one offer has been presented or admitted and challenges to the notice or letter of invitation have not been promptly proposed, or the challenges have already been rejected with a final decision; (b) procurement based on a framework agreement; c) of specific contracts based on a dynamic procurement system; d) of contracts for an amount lower than the European thresholds, pursuant to article 55, paragraph 2. 4. If an appeal is lodged against the award with a simultaneous request precautionary measure, the contract cannot be stipulated from the moment of notification of the precautionary request to the contracting authority or to the granting body until the publication of the first degree precautionary measure or of the first degree device or sentence, in the event of a decision on the merits of the precautionary hearing. The suspensive effect ceases when, during the examination of the precautionary application, the judge declares himself incompetent pursuant to Article 15, paragraph 4, of the Administrative Procedure Code, referred to in Annex I to Legislative Decree 2 July 2010, n. . 104, or sets by order the date of discussion of the merits without ruling on the precautionary measures with the consent of the parties, valid as an implicit waiver of the immediate examination of the precautionary application. 5. If the contract is not signed within the deadline due to the contracting authority or the granting body, the successful tenderer may have silent non-compliance declared or, alternatively, may release himself from any obligation by means of a notified deed. The successful tenderer is not entitled to any compensation, except for the reimbursement of contractual expenses. 6. Failure to sign the contract within the deadline set due to the successful tenderer's actions may constitute grounds for revocation of the award. 7. Failure or late signing of the contract outside of the cases referred to in paragraphs 5 and 6 constitutes a violation of the duty of good faith, even during litigation. 8. The contract is subject to the termination condition of the negative outcome of its approval, where applicable, to be carried out within thirty days from the stipulation. Once this deadline has elapsed, the contract is considered approved. 9. Contracting authorities and granting bodies have the right to stipulate insurance contracts for civil liability deriving from the conclusion of the contract and the continuation or suspension of its execution. 10. With the table in Annex I.4 to the code identifies the value of the stamp duty that the contractor pays on a one-off basis at the time of signing the contract and in proportion to its value. The same table replaces the methods of calculation and payment of the stamp duty referred to in the decree of the President of the Republic of 26 October 1972, n. 642, regarding public contracts governed by the code. Upon first application of the code, annex I.4 is repealed from the date of entry into force of a corresponding decree of the Minister of Economy and Finance, which replaces it entirely also as an annex to the code. EFFECTIVE: July 1, 2023