----- www.CodiceAppalti.it - Italian Procurement Code Decree 36/2023 (seleziona un articolo) -----
Source, changes and updates
Preamble
Article 1. Principle of result.
Article 2. Principle of trust.
Article 3. Principle of market access.
Article 4. Interpretative and application criterion.
Article 5. Principles of good faith and protection of trust.
Article 6. Principles of solidarity and horizontal subsidiarity. Relations with third sector bodies.
Article 7. Principle of administrative self-organization.
Article 8. Principle of contractual autonomy. Prohibition of free intellectual work.
Article 9. Principle of preservation of contractual balance.
Article 10. Principles of mandatory nature of the causes of exclusion and maximum participation.
Article 11. Principle of application of national sector collective agreements. Contribution default...
Article 12. External referral.
Article 13. Scope of application.
Article 14. Thresholds of European relevance and methods for calculating the estimated amount of co...
Article 15. Sole Project Manager (RUP).
Article 16. Conflict of interest.
Article 17. Phases of the assignment procedures.
Article 18. The contract and its stipulation.
Article 19. Digital principles and rights.
Article 20. Principles regarding transparency.
Article 21. Digital life cycle of public contracts.
Article 22. National digital procurement ecosystem (e-procurement).
Article 23. National database of public contracts.
Article 24. Virtual file of the economic operator.
Article 25. Digital procurement platforms.
Article 26. Technical rules.
Article 27. Legal publication of documents.
Article 28. Transparency of public contracts.
Article 29. Rules applicable to communications.
Article 30. Use of automated procedures in the life cycle of public contracts.
Article 31. Register of economic operators participating in the procurement.
Article 32. Dynamic procurement systems.
Article 33. Electronic auctions.
Article 34. Electronic catalogues.
Article 35. Access to documents and confidentiality.
Article 36. Procedural and procedural rules regarding access.
Article 37. Planning of works and purchases of goods and services.
Article 38. Location and approval of the works project.
Article 39. Planning and design of strategic infrastructures and of pre-eminent national interest.
Article 40. Public debate.
Article 41. Levels and contents of planning.
Article 42. Design verification.
Article 43. Methods and tools of digital information management of constructions.
Article 44. Integrated procurement.
Article 45. Incentives for technical functions.
Article 46. Design competitions.
Article 47. Superior Council of Public Works.
Article 48. Common rules applicable to contracts for works, services and supplies of amounts lower ...
Article 49. Principle of rotation of assignments.
Article 50. Procedures for assignment.
Article 51. Selection commission.
Article 52. Check on possession of the requirements.
Article 53. Guarantees accompanying the offer and definitive guarantees.
Article 54. Automatic exclusion of anomalous offers.
Article 55. Delaying terms.
Article 56. Contracts excluded in ordinary sectors.
Article 57. Social clauses of the tender notice and notices and energy and environmental sustainabi...
Article 58. Subdivision into lots.
Article 59. Framework agreements.
Article 60. Price revision.
Article 61. Reserved contracts.
Article 62. Aggregations and centralization of commissions.
Article 63. Qualification of contracting authorities and central purchasing bodies.
Article 64. Procurement involving contracting authorities from different Member States.
Article 65. Economic operators.
Article 66. Economic operators for the awarding of architectural and engineering services.
Article 67. Consortia not necessary.
Article 68. Temporary groupings and ordinary consortia of economic operators.
Article 69. Agreement on Government Procurement (GPA) and other international agreements.
Article 70. Selection procedures and related conditions.
Article 71. Open procedure.
Article 72. Restricted procedure.
Article 73. Competitive procedure with negotiation.
Article 74. Competitive dialogue.
Article 75. Innovation partnership.
Article 76. Negotiated procedure without publication of a notice.
Article 77. Preliminary market consultations.
Article 78. Participation in preliminary consultations of candidates or tenderers.
Article 79. Technical specifications.
Article 80. Labelling.
Article 81. Prior information notices.
Article 82. Tender documents.
Article 83. Announcements and notices: contents and methods of drafting.
Article 84. Publication at European level.
Article 85. Publication at national level.
Article 86. Voluntary notice for preventive transparency.
Article 87. Tender specifications and special specifications.
Article 88. Digital availability of tender documents.
Article 89. Invitations to candidates.
Article 90. Information to candidates and tenderers.
Article 91. Applications, single European procurement document, offers.
Article 92. Setting the deadlines for the submission of requests and offers.
Article 93. Selection commission.
Article 94. Causes for automatic exclusion.
Article 95. Causes for non-automatic exclusion.
Article 96. Discipline of exclusion.
Article 97. Causes for exclusion of participants in groupings.
Article 98. Serious professional misconduct.
Article 99. Verification of possession of the requirements.
Article 100. Special order requirements.
Article 101. Preliminary assistance.
Article 102. Commitments of the economic operator.
Article 103. Requirements for participation in procedures for works of significant value.
Article 104. Validation.
Article 105. Test reports, quality certifications, means of proof, online register of certificates ...
Article 106. Guarantees for participation in the procedure.
Article 107. General principles regarding selection.
Article 108. Criteria for the award of works, services and supplies contracts.
Article 109. Reputation of the company.
Article 110. Abnormally low offers.
Article 111. Notices relating to awarded contracts.
Article 112. Single reports on procurement procedures.
Article 113. Requirements for the execution of the contract.
Article 114. Management of works and execution of contracts.
Article 115. Technical accounting and administrative control.
Article 116. Testing and verification of conformity.
Article 117. Definitive guarantees.
Article 118. Guarantees for the execution of works of particular value.
Article 119. Subcontracting.
Article 120. Modification of contracts in progress.
Article 121. Suspension of execution.
Article 122. Resolution.
Article 123. Withdrawal.
Article 124. Execution or completion of works, services or supplies in the event of insolvency proc...
Article 125. Advance payment, methods and terms of payment of the consideration.
Article 126. Acceleration penalties and rewards.
Article 127. Rules applicable to social and similar services.
Article 128. Personal services.
Article 129. Reserved contracts.
Article 130. Catering services.
Article 131. Substitute canteen services.
Article 132. Common rules applicable to contracts in the cultural heritage sector.
Article 133. Qualification requirements.
Article 134. Free contracts and special forms of partnership.
Article 135. Research and development services.
Article 136. Defense and security.
Article 137. Mixed contracts concerning defense and security aspects.
Article 138. Contracts and design competitions awarded or organized according to international stan...
Article 139. Secret contracts.
Article 140. Procedures in cases of extreme urgency and civil protection.
Article 141. Scope and applicable rules.
Article 142. Joint ventures and assignments to associated companies.
Article 143. Activities directly exposed to competition.
Article 144. Contracts awarded for the purpose of resale or rental to third parties.
Article 145. Activities carried out in third countries.
Article 146. Gas and thermal energy.
Article 147. Electricity.
Article 148. Water.
Article 149. Transport services.
Article 150. Ports and airports sector.
Article 151. Postal services sector.
Article 152. Gas extraction and exploration or extraction of coal or other solid fuels.
Article 153. Applicable rules.
Article 154. Framework agreements.
Article 155. Types of procedures.
Article 156. Restricted procedure.
Article 157. Negotiated procedure with publication of a notice.
Article 158. Negotiated procedure without publication of a notice.
Article 159. Digital availability of tender documents.
Article 160. Communication of technical specifications.
Article 161. Advertising and indicative periodic notice.
Article 162. Notices on the existence of a qualification system.
Article 163. Calls for tenders and notices relating to contracts awarded.
Article 164. Drafting and methods of publication of notices and notices.
Article 165. Invitations to candidates.
Article 166. Information for applicants for qualification, candidates and tenderers.
Article 167. Further provisions applicable in the choice of the contractor.
Article 168. Tender procedures with qualification systems.
Article 169. Regulated tender procedures.
Article 170. Offers containing products originating in third countries.
Article 171. Relations with third countries regarding works, services and supplies.
Article 172. Single reports on procurement procedures.
Article 173. Social services and other similar services.
Article 174. Concept.
Article 175. Planning, preliminary evaluation, control and monitoring.
Article 176. Object and scope of application.
Article 177. Concession agreement and transfer of operational risk.
Article 178. Duration of the concession.
Article 179. Threshold and methods for calculating the estimated value of concessions.
Article 180. Mixed concession contracts.
Article 181. Excluded contracts.
Article 182. Announcement.
Article 183. Procedure.
Article 184. Terms and communications.
Article 185. Award criteria.
Article 186. Concessionaires' assignments.
Article 187. Concession contracts for amounts lower than the European threshold.
Article 188. Subcontracting.
Article 189. Modification of contracts during the period of effectiveness.
Article 190. Termination and withdrawal.
Article 191. Takeover.
Article 192. Review of the concession contract.
Article 193. Assignment procedure.
Article 194. Special purpose company.
Article 195. Obligations of special purpose companies.
Article 196. Definition and regulation.
Article 197. Definition and regulation.
Article 198. Other provisions regarding tenders.
Article 199. Credit privilege and further guarantees.
Article 200. Energy performance or energy performance contracts.
Article 201. Social partnership.
Article 202. Transfer of properties in exchange for works.
Article 203. Assignment of global services.
Article 204. General contractor.
Article 205. General contractor award procedures.
Article 206. Controls on execution and testing.
Article 207. General contractor qualification system.
Article 208. Comprehensive real estate services.
Article 209. Amendments to the administrative process code referred to in Annex 1 to Legislative De...
Article 210. Amicable agreement for the works.
Article 211. Amicable agreement for services and supplies.
Article 212. Settlement.
Article 213. Arbitration.
Article 214. Chamber of Arbitration, register of arbitrators and list of secretaries.
Article 215. Technical Advisory Board.
Article 216. Mandatory opinions.
Article 217. Determinations.
Article 218. Optional establishment of the technical advisory body.
Article 219. Dissolution of the technical advisory body.
Article 220. Pre-litigation opinions and legitimacy to act of the ANAC.
Article 221. Address, coordination and monitoring at the Control Room. Service governance
Article 222. National Anti-Corruption Authority (ANAC).
Article 223. Ministry of Infrastructure and Transport and technical mission structure.
Article 224. Further provisions.
Article 225. Transitional and coordination provisions.
Article 226. Repeals and final provisions.
Article 227. Updates.
Article 228. Financial invariance clause.
Article 229. Entry into force.
Annex I.1 Definitions of subjects, contracts, procedures and tools.
Annex I.2 Activities of the RUP.
Annex I.3 Terms of procurement procedures.
Annex I.4 Stamp duty relating to the stipulation of the contract.
Annex I.5 Elements for planning works and services. Typical schemes.
Annex I.6 Mandatory public debate.
Annex I.7 Minimum contents of the requirements framework, of the feasibility document of the projec...
Annex I.8 Prior verification of archaeological interest.
Annex I.9 Methods and tools for digital information management of constructions.
Annex I.10 Technical activities covered by the appropriations foreseen for the individual procedure...
Annex I.11 Provisions relating to the organisation, responsibilities, operating rules, as well as f...
Annex I.12 Urbanization works deducted from the construction contribution.
Annex I 13 Determination of design parameters.
Annex I 14 Criteria for the formation and updating of regional price lists.
Annex II.1 Lists of economic operators and market surveys for the awarding of contracts of amounts ...
Annex II.2 Methods for calculating the anomaly threshold for the automatic exclusion of offers.
Annex II.3 Disabled or disadvantaged individuals to whom participation in tenders may be reserved.
Annex II.4 Qualification of contracting authorities and central purchasing bodies.
Annex II.5 Technical specifications and labelling.
Annex II.6 Information in notices and tenders.
Annex II.7 Characteristics relating to publication.
Annex II.8 Test reports, quality certifications, means of proof, online register of certificates an...
Annex II.9 Information contained in the invitations to candidates.
Annex II.10 Serious violations of obligations relating to the payment of taxes and duties or social...
Annex II.11 Professional or commercial registers for economic operators from other Member States.
Annex II.12 Qualification system and requirements for work executors.
Annex II.13 Certifications or brands relevant for the purposes of reducing the guarantee.
Annex II.14 Management of the works and management of the execution of the contracts. Method of car...
Annex II.15 Criteria for determining costs for laboratory tests and technical checks.
Annex II.16 Information at European level relating to the modification of contracts in progress.
Annex II.17 Replacement canteen services.
Annex II.18 Qualification of subjects, design and testing in the cultural heritage sector.
Annex II.19 Research and development services.
Annex II.20 Procurement and procedures in the defense and security sectors.
Annex IV.1 Information to be included in the concession notices referred to in Article 182.
Annex V.1 Arbitrators' compensation.
Annex V.2 Procedure for establishing the Technical Advisory Board.
Annex V.3 Formation methods for the control room.
