Article 63. Qualification of contracting authorities and central purchasing bodies.

1. Without prejudice to the provisions of article 62, a list of qualified contracting authorities is established at the ANAC, which ensures its management and publicity, which also includes, in a specific section, the central purchasing bodies, therein including aggregators. Each contracting authority or central purchasing body that satisfies the requirements set out in Annex II.4 obtains the qualification and is registered in the list referred to in the first period. 2. The qualification for design and awarding is divided into three amount bands: a) basic or first level qualification, for services and supplies up to the threshold of 750,000 euros and for works up to 1 million euros; b) intermediate or second level qualification, for services and supplies up to 5 million euros and for works up to the threshold referred to in article 14; c) advanced or third level qualification, without limits on amount. 3. Each contracting authority or central purchasing body may carry out the procedures corresponding to the level of qualification held and to those below. For the higher levels, paragraph 6 of article 62. applies. 4. The Ministry of Infrastructure and Transport, including the interregional authorities for public works, Consip Spa, Invitalia are registered by right in the list referred to in paragraph 1. - National Agency for attracting investments and business development Spa, Difesa Servizi SpA, the State Property Agency, the aggregating entities referred to in Article 9 of the Legislative Decree of 24 April 2014, n. 66, converted, with amendments, by law 23 June 2014, n. 89, Sport and health Spa Upon first application, the contracting authorities of the unions of municipalities, constituted in the forms required by law, of the provinces and metropolitan cities, of the provincial capital municipalities and of the regions are registered with reservation in the list of referred to in article 63, paragraph 1, first sentence. Any further registrations by law may be arranged by decree of the President of the Council of Ministers, after consulting the ANAC, subject to agreement within the Unified Conference. 5. The qualification concerns the activities that characterize the process of acquiring an asset, service or work in relation to the following areas and concerns: a) the capacity for technical-administrative planning of the procedures; b) the capacity for assignment and control of the entire procedure; c) the ability to verify contractual execution, including testing and implementation. 6. Contracting authorities and central purchasing bodies can also be qualified only for the acquisition of works or services and supplies. The contracting authorities and central purchasing bodies to carry out design and awarding activities must be qualified at least in the second range. They plan their activities by coordinating themselves in compliance with the principle of loyal collaboration. 7. The qualification requirements for planning and awarding are governed by Annex II.4 and concern: a) the organization of the expenditure function and to the processes; b) to the consistency, experience and competence of the human resources, including the recruitment system and adequate staff training; c) to the experience gained in the planning, awarding and execution of contracts, including the possible use of construction information management methods and tools. 8. The qualification requirements for execution are indicated separately in Annex II.4, which also provides specific transitional regulations relating to this phase. With amendments and additions to Annex II.4. specific qualification requirements for public-private partnership contracts may be regulated by the ANAC. 9. The administrations whose organization includes structures, including territorial ones, verify the existence of the requirements referred to in paragraph 7 for the same structures and they communicate to the ANAC for the qualification. 10. In relation to the parameter referred to in letter b) of paragraph 7, the National School of Administration defines the requirements for the accreditation of public or private, non-profit institutions, who carry out training activities, proceeding to verify, even on a sample basis, the existence of the requirements themselves and provide for the consequent accreditation activities as well as the revocation of the same in cases of ascertained lack of the requirements. 11. In no case can the interested parties prove the possession of the qualification requirements by resorting to devices that elude their function. The ANAC, for confirmed cases of serious violations of the provisions of this article, may impose a sanction within the minimum limit of 500 euros and the maximum limit of 1 million euros and, in the most serious cases, order the suspension of the qualification previously obtained. Declarations maliciously aimed at demonstrating the possession of non-existent qualification requirements constitute serious violations, including, in particular: a) for central purchasing bodies, the declared presence of a stable organization in which the staff actually continues to work for the administration of origin; b) for the contracting authorities and central purchasing bodies, the declared presence of personnel assigned to the stable organizational structure, who are in fact engaged in other activities; c) the failure to communicate to the ANAC the loss of the requirements. 12. If the qualification is no longer valid or is suspended, the ongoing procedures are nevertheless completed. 13. ANAC establishes the requirements and implementation methods of the qualification system referred to in Annex II. 4, issuing the same qualification. The ANAC may establish further cases in which qualification with reservation may be arranged, aimed at allowing the contracting authority and the central purchasing body, also for auxiliary activities, to acquire the required technical and organizational capacity. EFFECTIVE FROM: 1 ° July 2023