Article 34. Electronic catalogues.

1. Contracting authorities and granting bodies may request that offers be presented in the form of an electronic catalog or that they include an electronic catalogue. Offers submitted in the form of an electronic catalog may be accompanied by other documents, to complete the offer. 2. Electronic catalogs are prepared by candidates or tenderers for participation in a specific procurement procedure in accordance with the technical specifications and the format established by the contracting authorities. 3. When the submission of offers in the form of electronic catalogs is accepted or requested, the contracting authorities and granting bodies: a) in the ordinary sectors, indicate this in the tender notice or in the invitation to confirm interest, when the means of the call for tenders is a pre-information notice; in special sectors, indicate this in the tender notice, in the invitation to confirm interest, or, when the means of calling for competition is a notice on the existence of a qualification system, in the invitation to submit offers or to negotiate; b ) indicate in the tender documents all the information relating to the format, the electronic device used as well as the methods and technical specifications for the catalogue. 4. When a framework agreement is concluded with several economic operators after the submission of tenders in the form of catalogs electronic, contracting authorities and granting bodies may provide that the reopening of the competitive comparison for specific contracts takes place on the basis of updated catalogues. In this case, the contracting authorities and the granting bodies shall alternatively use one of the following methods: a) invite tenderers to resubmit their electronic catalogues, adapted to the needs of the contract in question; b) communicate to the tenderers that they intend to use of the information collected from the electronic catalogs already presented to constitute offers adequate to the requirements of the contract in question, provided that the use of this possibility has been foreseen in the tender documents relating to the framework agreement. 5. The contracting authorities and the granting bodies , in the event of reopening of the competitive comparison for specific contracts in compliance with paragraph 4, letter b), indicate to the bidders the date and time in which they intend to proceed with the collection of the information necessary to constitute offers adapted to the requirements of the specific contract and give bidders the opportunity to opt out of such collection of information. Contracting authorities and granting bodies provide an adequate period of time between the notification and the actual collection of information. Before awarding the contract, the contracting authorities and granting bodies present the information collected to the interested tenderer, in order to offer the possibility of contesting or confirming that the offer thus constituted does not contain material errors. 6. The agencies Contractors and awarding entities can award contracts based on a dynamic purchasing system by requiring that offers for a specific contract be submitted in the form of an electronic catalogue. Contracting authorities and granting bodies may also award contracts based on a dynamic purchasing system in accordance with paragraph 4, letter b) and paragraph 5, provided that the application for participation in the dynamic purchasing system is accompanied by a electronic catalog in accordance with the technical specifications and format established by the contracting authority or granting body. This catalog is completed by the candidates, if the intention of the contracting authority or the granting body to constitute offers has been communicated through the procedure referred to in paragraph 4, letter b). EFFECTIVE FROM: 1 July 2023

Relazione

REPORT Article 34 is the transposition of art. 36 of the EU directive 26 February 2014, n. 24 for which the text provided by the art. is maintained. 57 of legislative decree n. 50 of 2016, relating t...

Commento

NEW • The article confirms the provision according to which, in the event that the use of electronic means of communication is required, contracting authorities may request that offers be presented i...
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