Article 7. Principle of administrative self-organization.

1. Public administrations autonomously organize the execution of works or the provision of goods and services through self-production, outsourcing and cooperation in compliance with the provisions of the code and European Union law. 2. The contracting authorities and granting bodies may directly entrust works, services or supplies to in-house companies, in compliance with the principles referred to in articles 1, 2 and 3. Contracting authorities and granting bodies shall adopt a reasoned provision for each assignment in which they give account of the advantages for the community, the related externalities and the economic congruity of the service, also in relation to the pursuit of objectives of universality, sociability, efficiency, cost-effectiveness, quality of the service, speed of the procedure and rational use of public resources. In the case of instrumental services, the measure is considered sufficiently motivated if it takes into account the advantages in terms of cost-effectiveness, speed or pursuit of strategic interests. The cost-effectiveness advantages can also emerge through comparison with the reference standards of the Consip Spa company and other central purchasing bodies, with the official parameters developed by other national or foreign regional bodies or, failing that, with market standards. 3. The in-house awarding of services of general economic interest at a local level is governed by Legislative Decree 23 December 2022, n. 201. 4. Cooperation between contracting stations or granting entities aimed at pursuing objectives of common interest does not fall within the scope of application of the code when all the following conditions concur: a) occurs exclusively between two or more contracting stations or entities grantors, even with different skills; b) guarantees the effective participation of all parties in carrying out tasks functional to the activity of common interest, in an exclusively collaborative perspective and without any synallagmatic relationship between services; c) determines a convergence synergy on activities of common interest, despite the possible diversity of the aim pursued by each administration, provided that the agreement does not tend to achieve the institutional mission of only one of the adhering administrations; d) the participating contracting authorities or granting bodies perform on the market less than 20 percent of the activities involved in the cooperation are open. EFFECTIVE: July 1, 2023