Article 193. Assignment procedure.

1. Economic operators may submit proposals to the granting bodies relating to the realization of works or services under concession. Each proposal contains a feasibility project, a draft agreement, the certified economic-financial plan and the specification of the characteristics of the service and management. The economic-financial plan includes the amount of expenses incurred for the preparation of the proposal, also including the rights to intellectual works. The institutional investors referred to in article 32, paragraph 3, of the legislative decree of 31 May 2010, n. 78, converted, with amendments, by law 30 July 2010, n. 122, as well as the subjects referred to in Article 2, number 3) of Regulation (EU) 2015/1017 of the European Parliament and of the Council of 25 June 2015, may formulate the proposals referred to in the first sentence unless necessary, in subsequent tender for the assignment of the works or services, to associate or consortium with economic operators in possession of the requirements required by the tender, if the institutional investors themselves do not have them. Institutional investors, during the tender, can satisfy the request for economic, financial, technical and professional requirements by making use, even entirely, of the capabilities of other subjects. Institutional investors may also undertake to subcontract, even in full, the services covered by the concession contract to companies in possession of the requirements required by the tender, provided that the name of the subcontractor is communicated, with its consent, to the granting body within the deadline for submitting the offer. 2. The granting body evaluates its feasibility within ninety days of submission of the proposal, inviting the promoter if necessary to make the necessary changes to the feasibility project for its approval. If the promoter does not make the requested changes, as possibly remodulated on the basis of alternative solutions suggested by the promoter himself to implement the indications of the granting body, the proposal is rejected. The granting body concludes the evaluation procedure with an express provision, published on its institutional website and communicated to interested parties. The feasibility project, once approved, is included among the programming tools of the granting body. 3. The approved feasibility project is placed at the basis of the tender within the times foreseen by the programming. The award criterion is the most economically advantageous offer identified on the basis of the best relationship between quality and price. 4. The legal configuration of the proposing entity can be modified and integrated up to the deadline for the submission of offers. In the announcement, the granting body states that the promoter can exercise the right of pre-emption. 5. Competitors, including the promoter, in possession of the requirements set out in the notice, submit an offer containing the sworn economic-financial plan, the specification of the characteristics of the service and management and the improvement variants to the feasibility project based on of the tender, according to the indicators provided in the notice. 6. The offers are accompanied by the guarantees referred to in article 106. The successful tenderer provides the guarantee referred to in article 117. From the date of commencement of the operation of the service by the concessionaire is due a deposit to guarantee the penalties relating to the failure or incorrect fulfillment of all contractual obligations relating to the management of the work, to be paid in the amount of 10 percent of the annual operating cost of the exercise and in the manner set out in the article 117. Failure to present this deposit constitutes a serious breach of contract. 7. The granting body: a) examines the offers received within the terms indicated in the notice; b) draws up a ranking and appoints the subject as the successful bidder who presented the best offer; c) approves the subsequent project levels developed by the successful tenderer. 8. If the promoter is not successful, he may exercise, within fifteen days of communication of the award, the right of pre-emption and become successful bidder if he declares to undertake to fulfill the contractual obligations under the same conditions offered by the successful bidder. If the promoter is not successful and does not exercise pre-emption, he has the right to payment, at the expense of the successful tenderer, of the amount of the expenses for preparing the proposal, also including the rights to intellectual works. The total amount of reimbursable expenses cannot exceed 2.5 percent of the value of the investment, as deduced from the feasibility project based on the tender. If the promoter exercises pre-emption, the original successful bidder has the right to payment, at the expense of the promoter, of the amount of documented expenses actually incurred for the preparation of the offer within the limits set out in the third period. 9. In relation to the specific type of work or service, the granting body takes into account, among the award criteria, the share of investments allocated to the project in terms of research, development and technological innovation. 10. The chambers of commerce, industry, crafts and agriculture, within the scope of the objectives of social utility and promotion of economic development pursued by them, may join in the presentation of proposals for the implementation of public works referred to in paragraph 1, without prejudice without prejudice to their decision-making autonomy. 11. The granting body may urge private individuals to become promoters of initiatives aimed at implementing the projects included in the planning tools of the public-private partnership, referred to in article 175, paragraph 1, with the methods regulated in this Title. EFFECTIVE FROM: 1 July 2023