Article 216. Mandatory opinions.

1. The acquisition of the opinion of the technical advisory body is mandatory in cases of suspension, voluntary or coercive, of the execution of works aimed at the realization of public works for an amount equal to or greater than the thresholds of European relevance referred to in Article 14, as well as in the cases of contracts relating to services and supplies referred to in article 121, paragraph 11, second sentence. 2. If, for any reason, the works cannot proceed with the designated subject, before terminating the contract the contracting authority acquires the opinion of the technical advisory panel, also regarding the possibility that serious technical and economic reasons make continuation with the same subject preferable. 3. In the opinion, the technical advisory panel also evaluates the possibility of deciding: a) whether to proceed with the direct execution of the works, also making use, in cases permitted by law, by prior agreement, of other public bodies or companies within the economic framework of the work; b) whether to progressively consult the subjects who participated in the original tender procedure as resulting from the relative ranking, to stipulate a new contract for the assignment of the completion of the works, if technically and economically possible and under the conditions proposed by the economic operator consulted ; c) whether to launch a new procedure for the assignment of the completion of the work; d) whether to propose to the government authorities the appointment of an extraordinary commissioner for carrying out the activities necessary for the completion of the work pursuant to article 4 of the decree-law 18 April 2019, n. 32, converted, with amendments, by law 14 June 2019, n. 55. 4. When the suspension is imposed by serious technical reasons, capable of affecting the workmanlike implementation of the work, in relation to the methods of overcoming which there is no agreement between the parties, within fifteen days from the communication of the suspension of the works or of the cause that could determine it, the technical consultative panel ascertains the existence of a technical cause for legitimate suspension of the works and indicates the methods, among those referred to in paragraphs 2 and 3, with which to continue the works and any changes necessary to be made for the work to be carried out in a workmanlike manner. In this case the ruling becomes effective as a contractual award only if this possibility has not been expressly excluded pursuant to the provisions of article 217. EFFECTIVE FROM: 1 July 2023