Article 58. Subdivision into lots.

1. To guarantee the effective participation of micro, small and medium-sized enterprises, including local ones, the contracts are divided into functional, performance or quantitative lots in accordance with the categories or specializations in the works, services and supplies sector. 2. In the tender announcement or notice, the contracting authorities justify the failure to divide the contract into lots by taking into account the European principles on the promotion of equal conditions of competition for small and medium-sized enterprises. In the case of subdivision into lots, the relative value must be adjusted in order to guarantee the effective possibility of participation by micro, small and medium-sized enterprises. 3. In the same act, the contracting authorities indicate the criteria of a qualitative or quantitative nature concretely followed in the subdivision into lots, having regard to the parameters indicated in paragraph 2. In any case, the artificial merging of lots is prohibited. 4. The contracting authority may limit the maximum number of lots for which the award to the same competitor for reasons related to the characteristics of the tender and the efficiency of the service, or for reasons inherent to the relevant market, even to multiple competitors who are in situations of control or connection pursuant to Article 2359 of the Civil Code. If the same conditions are met and where necessary due to the expected high number of competitors, the number of lots for which it is possible to participate may also be limited. In any case, the notice or the notice calling for tenders contains an indication of the specific reason for the choice and provides for the non-discriminatory criterion for selecting the lot or lots to be awarded to the successfully placed competitor for a number exceeding this limit. 5 The tender notice or the invitation letter may also reserve the contracting authority the possibility of awarding some or all of the lots associated with the same bidder, indicating the methods by which to carry out the comparative evaluation between the offers on the individual lots and the offers on the batch associations.

Relazione

REPORT Article 58 regulates the division of contracts into functional, performance or quantitative lots. Paragraph 1 - to guarantee the effective participation of micro, small and medium-sized enter...

Commento

NEW • Purely "quantitative" lots are also provided for (new: in the current code only letter qq "functional lot" and letter ggggg) "performance lot" are provided for). In annex I.1 to the Code, art. ...
Condividi questo contenuto: