Article 67. Consortia not necessary.

1. The technical and financial capacity requirements for admission to the award procedures of the subjects referred to in articles 65, paragraph 2, letters b), c) and d), and 66, paragraph 1, letter g), are governed by regulation referred to in article 100, paragraph 4. 2. Annex II.12 governs, pending the adoption of the regulation referred to in article 100, paragraph 4, the qualification of economic operators, without prejudice to the fact that for consortia referred to in article 65, paragraph 2, letter d): a) for service and supply contracts, the technical and financial capacity requirements are calculated cumulatively for the consortium even if held by the individual consortium member companies; b) for works contracts, the technical and financial capacity requirements for admission to the award procedures are possessed and proven by them on the basis of the qualifications held by the individual consortium companies. 3. For the operators referred to in articles 65, paragraph 2, letter d) and 66, paragraph 1, letter g), the general requirements referred to in articles 94 and 95 are possessed by both the executing consortium members and the consortium members who provide the requirements. The authorizations and other qualifications for participation in the award procedure pursuant to paragraph 3 of article 100 are held, in the case of works or services, by the executing consortium member. 4. The stable consortia referred to in articles 65, paragraph 2, letter d), and 66, paragraph 1, letter g), perform the services either with their own structure or through the consortium members indicated in the tender without this constituting subcontracting, without prejudice to joint and several liability towards the contracting authority. The assignment of services by the subjects referred to in article 65, paragraph 2, letters b) and c), to their consortium members does not constitute subcontracting. The consortia, referred to in articles 65, paragraph 2, letter d) and 66, paragraph 1, letter g), indicate at the time of the offer which consortium members the consortium is bidding for. Participation in the tender in any other form by the consortium member designated by the bidding consortium determines the exclusion of the same if the conditions referred to in Article 95, paragraph 1, letter d) are met, provided that the economic operator does not demonstrate that the circumstance did not influence the tender, nor is it likely to impact the ability to comply with contractual obligations, without prejudice to the option referred to in article 97. 5. Consortia of cooperatives and consortia of artisan businesses may participate in the tender procedure , without prejudice to the provisions of articles 94 and 95, using its own requirements and, among these, making use of the means available to the consortium members that constitute them. 6. For the works, for the purposes of the qualification referred to in article 100 , the criteria for attributing the services performed to the permanent consortium or to the individual consortium members who perform them are established in Annex II.12. In the event of dissolution of the stable consortium for services and supplies, the economic-financial and technical-organizational requirements accrued in favor of the consortium and not assigned in execution to the consortium members are attributed pro quota. The allocation quotas are proportional to the contribution made by the individual consortium members in carrying out the services in the previous five-year period. 7. Only the requirements accrued by the consortium itself can be used. 8. With regard to the consortia referred to in the article 65, paragraph 2, letter d), for the purposes of issuing or renewing the SOA qualification certificate, the technical and financial capacity requirements are possessed and proven by the consortia on the basis of the qualifications held by the individual consortium member companies. The qualification is acquired with reference to a specific category of general or specialist works for the classification corresponding to the sum of those owned by the consortium companies. To qualify for the unlimited amount classification, it is in any case necessary that at least one of the consortium companies already possesses this qualification or that among the consortium companies there are at least one with qualification for classification VII and at least two with classification V or higher, or that among the consortium companies there are at least three qualified for classification VI. For qualification for design and construction services, as well as for the use of the reward mechanisms referred to in article 106, paragraph 8, it is in any case sufficient that the corresponding requirements are possessed by at least one of the consortium companies. If the sum of the rankings of the consortium companies does not coincide with one of the rankings referred to in Annex II.12, the qualification is acquired in the ranking immediately lower or in the one immediately higher than the sum of the rankings held by the consortium companies, depending on whether this sum is respectively below, above or equal to half the interval between the two rankings. The acts adopted by the ANAC remain effective until the date of entry into force of the regulation referred to in paragraph 2. EFFECTIVE FROM: 1 July 2023