Article 64. Procurement involving contracting authorities from different Member States.

1. Contracting authorities may turn to purchasing centers located in another Member State of the European Union which carry out their activities in compliance with the national provisions of the Member State in which they are located. 2. Administrations and bodies from different Member States may jointly award a public contract, conclude a framework agreement or manage a dynamic purchasing system through agreements that determine: a) the applicable national legislation; b) the responsibilities of the parties; c) the procedures for managing the procedure and the terms of stipulation of contracts and execution of works, supplies or services. 3. If several administrations of different Member States have established a joint entity including the European territorial cooperation groups referred to in Regulation (EC) no. 1082/2006 of the European Parliament and of the Council, of 5 July 2006 or other entities established on the basis of European Union law, establish with a specific agreement that the following alternatively apply to the relevant procurement procedures: a) the national provisions of the Member State in which the joint entity has its registered office; b) the national provisions of the Member State in which the joint entity carries out its activities. 4. Based on what is established in the deed of incorporation of the joint entity, the agreements of this article may apply for an indefinite period or to a generality of contracts, or be limited to a specific period, to certain types of contracts or to one or more awards of individual contracts. EFFECTIVE: July 1, 2023

Relazione

REPORT Article 64 reproduces the provisions of article 43 of legislative decree no. 50 of 2016, with a wording more in line with the provisions of Directive 24/2014/EU and in particular with Article ...
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