Article 93. Selection commission.

1. For the purposes of selecting the best offer in the procedures for awarding procurement contracts with the criterion of the most economically advantageous offer, after the deadline for the submission of offers, a judging commission is appointed, which, at the request of the RUP , also carries out support activities for the verification of the anomaly. 2. The commission is made up of an odd number of members, a maximum of five, experts in the specific sector to which the object of the contract refers. Substitute members may be appointed. 3. The commission is chaired and composed of employees of the contracting authority or of the administrations benefiting from the intervention, in possession of the necessary legal framework and adequate professional skills. The RUP may be part of the judging commission. In the absence of adequate professionalism on staff, the contracting authority may choose the President and the individual members of the commission also from among officials of other administrations and, in case of documented unavailability, from external professionals. The appointments referred to in this paragraph are made according to criteria of transparency, competence and rotation. 4. The commission may meet electronically which safeguards the confidentiality of communications. The commission operates through the digital procurement platform for the evaluation of the tender documentation and the offers of the participants. 5. Commissioners cannot be appointed: a) those who in the two-year period preceding the announcement of the award procedure were members of political bodies of the contracting authority; b) those who have been convicted, even with a sentence that has not become final, for the crimes provided for in Chapter I of Title II of Book II of the penal code; c) those who find themselves in a situation of conflict of interest with one of the economic operators participating in the procedure; situations of conflict of interest constitute those which determine the obligation to abstain provided for in article 7 of the regulation containing the code of conduct for public employees, referred to in the decree of the President of the Republic of 16 April 2013, n. 62. 6. Unless otherwise motivated by the contracting authority, in the event of renewal of the tender procedure due to the cancellation of the award or the exclusion of some of the competitors, the same commission is reconvened, except when the cancellation is resulting from a flaw in the composition of the commission. 7. In the procedures for awarding procurement contracts with the criterion of the lowest price or cost, the evaluation of the offers is carried out by a tender panel, even monocratic, composed of staff from the contracting authority , chosen according to criteria of transparency and competence, to which the causes of incompatibility referred to in letters b) and c) of paragraph 5 apply. EFFECTIVE FROM: 1 July 2023