Article 53. Guarantees accompanying the offer and definitive guarantees.

1. In the award procedures referred to in Article 50, paragraph 1, the contracting authority does not require the provisional guarantees referred to in Article 106 unless, in the procedures referred to in letters c), d) and e) of the same paragraph 1 of article 50, in consideration of the type and specificity of the individual procedure, there are particular needs that justify the request. The particular needs are indicated in the decision to contract or in the notice calling for the procedure or in another equivalent document. 2. When the provisional guarantee is requested, the related amount cannot exceed one percent of the amount provided for in the notice or in the invitation for the contract to be awarded. 3. The provisional guarantee may be established in the form of a deposit or surety in the manner referred to in article 106. 4. In duly motivated cases, the contracting authority has the right not request the definitive guarantee for the execution of the contracts referred to in this Part or for contracts of the same amount under a framework agreement. When requested, the definitive guarantee is equal to 5 percent of the contractual amount. EFFECTIVE FROM: 1 July 2023