Article 49. Principle of rotation of assignments.

1. The assignments referred to in this Part take place in compliance with the rotation principle. 2. In application of the rotation principle, the assignment or awarding of a contract to the outgoing contractor is prohibited in cases where two consecutive assignments concern a job order falling within the same product sector, or in the same category of works, or in the same service sector. 3. The contracting authority can divide the assignments into bands based on the economic value. In this case the prohibition on assignment or award applies with reference to each band, without prejudice to the provisions of paragraphs 4, 5 and 6. 4. In justified cases with reference to the structure of the market and the actual absence of alternatives, as well as of accurate execution of the previous contract, the outgoing contractor may be reinvited or be identified as a direct assignee. 5. For contracts awarded with the procedures referred to in article 50, paragraph 1, letters c), d) and e), contracting authorities do not apply the rotation principle when the market survey has been carried out without placing limits on the number of economic operators in possession of the required requisites to be invited to the subsequent negotiated procedure. 6. It is however possible to derogate from the application of the principle rotation for direct assignments of amounts less than 5,000 euros. EFFECTIVE: July 1, 2023

Relazione

REPORT Article 49, as highlighted in the explanatory report, regulates the operating methods of the rotation principle, “which constitutes the general principle of the awarding of sub-threshold contr...

Commento

NEW • In application of the rotation principle, the new Code prohibits the awarding of a contract to the outgoing contractor in cases where two consecutive awards concern a job order falling within t...
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