Article 197. Definition and regulation.

1. The parties determine the content of the availability contract within the limits imposed by the provisions of this article, taking into account the standard tender notices and standard contracts drawn up by the sector regulatory authority. 2. The consideration for the availability contract availability consists of an availability fee, commensurate with the actual period for which the economic operator has guaranteed enjoyment of the work, provided that the lack of or reduced enjoyment does not fall within the risk borne by the granting body pursuant to the paragraph 4. 3. When the transfer of ownership of the work to the granting body is agreed, the consideration is also made up of: a) any contribution during construction, not exceeding 50 percent of the construction cost of the work; b) a transfer price, to be paid at the end of the contract, determined in relation to the residual market value of the work and taking into account the amount already paid as an availability fee and any contribution in progress 'opera. 4. Unless otherwise agreed between the parties and without prejudice to the provisions of paragraph 5, the risk of failure or delayed issuing of authorizations or of any other administrative act affecting the completion or technical management of the work is borne by of the granting body. 5. The risk of failure or delayed issuing of approval or consent documents, by authorities other than the granting body, relating to the design and any variations during construction is borne by the economic operator. 6. The variations during construction are communicated by the economic operator to the granting body in order to allow the latter to object when they alter the specific characteristics of the work indicated in the performance specifications. 7. The contract determines the methods of attribution to the parties of any charges that may arise, affecting the agreed fee for the completion and management of the work, deriving from regulatory provisions or provisions of the authority. 8. The granting body may attribute to the operator economic, the quality of expropriating authority, as defined in article 3 of the consolidated text of the legislative and regulatory provisions regarding expropriation for public utility, referred to in the decree of the President of the Republic of 8 June 2001, n. 327, with the power to expropriate and take care of the related proceedings. 9. The granting body draws up, together with the tender or notice, also making use of the standard tender notices and standard contracts of the ANAC, a specification that indicates the specific characteristics of the work, the criteria for determining and reducing the consideration and the methods of providing guarantees and deposits, also functional to ensuring the exact fulfillment of contractual obligations. 10. The notice indicates the criteria, according to the order of importance attributed to them, on the basis of which the comparative evaluation between the different offers is carried out. 11. The availability contract can only be signed by the economic operator in possession of the general requirements for qualification and participation in the awarding procedures. 12. The granting body, in the manner provided for in the contract, has the right to monitor the progress of the works and verify the completed work before delivery, possibly proposing the necessary modifications and variations, provided that these do not alter specific characteristics of the work indicated in the performance specifications. 13. The contract determines the cases and methods of modification of the contract, also through the reduction of the availability fee, suitable for bringing it back to fairness, also taking into account the need to protect the creditors indicated in article 199. EFFECTIVE FROM: 1 July 2023