Article 46. Design competitions.

1. The regulations of Chapter II of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 apply to design competitions and, for special sectors, the regulations of Chapter II of Directive 2014/25/EU of the European Parliament and of the Council, of 26 February 2014. 2. The design competition relating to the public works sector usually takes place in a single phase and concerns projects or plans with a level of detail corresponding to the technical feasibility project and economical. With adequate justification, contracting authorities and granting bodies can announce a competition in two phases. In the first phase, the idea proposals are selected. In the second phase, a technical and economic feasibility project of the selected proposals is developed. If the design competition concerns an intervention to be entrusted under concession, the idea proposal also contains the drafting of an economic-financial study for its construction and management. 3. With the payment of the premium, the contracting authorities and the granting bodies purchase the property of the winning project. The competition notice may provide that the executive project is entrusted with a negotiated procedure without prior publication of the notice or, in special sectors, without a call for tenders to the winner or winners of the design competition, if they meet the requirements set out in the notice. In such cases, in calculating the threshold of European relevance, the overall value of the prizes and payments is calculated, including the estimated value net of VAT of the public service contract that could subsequently be awarded with the procedure referred to in paragraph 2. . 4. The provisions of this article also apply to idea competitions aimed at acquiring an idea proposal to be rewarded with the recognition of a suitable prize. In addition to those admitted to the design competitions, these competitions can also be attended by subordinate workers authorized to practice the profession and registered with the professional association according to the national legislation to which they belong, with the exclusion of employees of the contracting authority or body. grantor who announces the competition. The winning idea or ideas are acquired as property by the contracting authority or granting body, subject to any definition of the technical structures, and can be used as the basis for a design competition or a design services contract, in which the awarded if they meet the relevant subjective requirements. EFFECTIVE: July 1, 2023