Article 50. Procedures for assignment.

1. Except as provided for in Articles 62 and 63, the contracting authorities shall proceed with the awarding of contracts for works, services and supplies of amounts lower than the thresholds referred to in Article 14 in the following ways: a) direct awarding for construction works amount lower than 150,000 euros, even without consulting multiple economic operators, ensuring that subjects are chosen who possess documented previous experience suitable for the execution of contractual services, also identified among those registered in lists or registers established by the contracting authority; b) assignment direct services and supplies, including engineering and architectural services and design activities, for an amount of less than 140,000 euros, even without consulting multiple economic operators, ensuring that subjects in possession of documented previous experience suitable for the execution of contractual services, also identified among those registered in lists or registers established by the contracting authority; c) negotiated procedure without tender, after consultation with at least five economic operators, where existing, identified on the basis of market surveys or through lists of operators economic, for works with an amount equal to or greater than 150,000 euros and less than 1 million euros; d) negotiated procedure without tender, after consulting at least ten economic operators, where existing, identified on the basis of market surveys or through lists of economic operators, for works of an amount equal to or greater than 1 million euros and up to the thresholds referred to in article 14, without prejudice to the possibility of resorting to the procedures for choosing the contractor referred to in Part IV of this Book; e) negotiated procedure without tender, after consulting at least five economic operators, where existing, identified on the basis of market surveys or through lists of economic operators, for the awarding of services and supplies, including engineering and architectural services and the design activities, for an amount equal to or greater than 140,000 euros and up to the thresholds referred to in article 14. 2. The lists and market surveys are managed in the manner set out in Annex II.1. For the selection of operators to be invited to negotiated procedures, contracting authorities cannot use the draw or other method of random extraction of names, except in the presence of particular and specifically motivated situations, in cases where no other method of selection is practicable. selection of operators. The contracting authorities publish on their institutional website the names of the operators consulted as part of the procedures referred to in paragraph 1. 3. Upon first application of the code, Annex II.1 is repealed from the date of entry into force force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law 23 August 1988, n. 400, with decree of the Minister of Infrastructure and Transport, following the opinion of ANAC, which replaces it entirely also as an annex to the code. 4. For the assignments referred to in paragraph 1, letters c), d) and e ), the contracting authorities proceed with the award of the relevant contracts on the basis of the criterion of the most economically advantageous offer or the lowest price with the exception of the cases referred to in article 108, paragraph 2. 5. Public companies, for contracts for works, supplies and services of amounts lower than the European thresholds referred to in article 14, falling within the scope defined by articles 146 to 152, apply the rules established in the respective regulations, which, if the contracts have a cross-border interest of course, it must comply with the principles of the Treaty on European Union to protect competition. The other subjects referred to in Article 141, paragraph 1, second sentence, apply the rules established in the respective regulations, which must comply with the aforementioned principles of the Treaty on European Union. 6. After verifying the requirements of the successful tenderer the contracting authority may proceed with the early execution of the contract; in the event of failure to stipulate, the successful tenderer has the right to reimbursement of expenses incurred for the execution of the works ordered by the director of works and, in the case of services and supplies, for the services carried out on the orders of the director of execution. 7. For the contracts referred to in this Part, the contracting authority may replace the testing certificate or the conformity verification certificate with the certificate of regular execution, issued for the works by the works manager and for the supplies and services by the RUP or the director. of execution, if appointed. The certificate of regular execution is issued no later than three months from the date of completion of the services covered by the contract. 8. The notices and pre-information notices relating to the contracts referred to in this Part are published at national level with the methods of referred to in Article 85, with the exclusion of the transmission of the tender notice to the Publications Office of the European Union. 9. The notice on the results of the award procedures referred to in paragraph 8 is published in the same manner as in paragraph 8. this article. In the cases referred to in letters c), d) and e) of paragraph 1, this notice also contains the indication of the parties invited. EFFECTIVE: July 1, 2023

Relazione

REPORT Article 50 regulates, in particular: the methods of awarding "sub-threshold" contracts, providing for direct awarding for contracts of smaller amounts and negotiated procedures without tender ...

Commento

NEW • the thresholds for the direct procedure and for the negotiated procedure without a tender are almost entirely corresponding to those indicated in the art. 1 of Legislative Decree 76/2020. The t...
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