Article 94. Causes for automatic exclusion.

1. The exclusion of an economic operator from participation in a procurement procedure is the conviction with a final sentence or criminal decree of conviction which has become irrevocable for one of the following crimes: a) crimes, committed or attempted, referred to in articles 416 , 416-bis of the penal code or crimes committed making use of the conditions provided for by the aforementioned article 416-bis or for the purpose of facilitating the activity of the associations provided for by the same article, as well as for crimes, committed or attempted, provided for by article 74 of the consolidated text of the laws regarding the regulation of narcotics and psychotropic substances, prevention, treatment and rehabilitation of the related states of drug addiction, referred to in the decree of the President of the Republic of 9 October 1990, n. 309, from article 291-quater of the consolidated text of the legislative provisions on customs matters, referred to in the decree of the President of the Republic of 23 January 1973, n. 43 and article 452-quaterdieces of the penal code, as they are attributable to participation in a criminal organisation, as defined in article 2 of framework decision 2008/841/GAI of the Council of the European Union, of 24 October 2008; b) crimes, committed or attempted, referred to in articles 317, 318, 319, 319-ter, 319-quater, 320, 321, 322, 322-bis, 346-bis, 353, 353-bis, 354, 355 and 356 of the penal code as well as article 2635 of the civil code; c) false corporate communications referred to in articles 2621 and 2622 of the civil code; d) fraud within the meaning of Article 1 of the Convention on the protection of the financial interests of the European Communities of 26 July 1995; e) crimes, committed or attempted, committed with the aim of terrorism, including international terrorism, and subversion of the constitutional order, terrorist crimes or crimes connected to terrorist activities; f) crimes referred to in articles 648-bis, 648-ter and 648-ter.1 of the penal code, laundering of proceeds from criminal activities or financing of terrorism, as defined in article 1 of legislative decree 22 June 2007, n. . 109; g) exploitation of child labor and other forms of human trafficking defined by legislative decree 4 March 2014, n. 24; h) any other crime which gives rise, as an accessory penalty, to the inability to contract with the public administration. 2. The existence, with reference to the subjects indicated in paragraph 3, of reasons for forfeiture, of suspension or prohibition provided for by article 67 of the code of anti-mafia laws and prevention measures, referred to in legislative decree 6 September 2011, n. 159 or an attempted mafia infiltration referred to in article 84, paragraph 4, of the same code. The provisions of articles 88, paragraph 4-bis, and 92, paragraphs 2 and 3, of the code referred to in Legislative Decree no. remain unchanged. 159 of 2011, with reference respectively to anti-mafia communications and anti-mafia information. The cause of exclusion referred to in Article 84, paragraph 4, of the code referred to in Legislative Decree no. 159 of 2011 does not operate if, by the date of the award, the company has been admitted to judicial control pursuant to article 34-bis of the same code. In no case may the award be postponed due to the pending nature of the aforementioned proceedings. 3. The exclusion referred to in paragraphs 1 and 2 is provided if the sentence or decree or disqualification measure indicated therein have been issued against: a) of the economic operator pursuant to and within the terms set out in Legislative Decree 8 June 2001, n. 231; b) of the owner or technical director, if it is an individual business; c) of a managing partner or of the technical director, in the case of a general partnership; d) of the general partners or of the technical director, in the case of a limited partnership; e) of the members of the board of directors who have been granted legal representation, including the institori and general attorneys; f) of the members of the bodies with management or supervisory powers or of the subjects with powers of representation, management or control; g) of the technical director or sole shareholder; h) of the de facto director in the cases referred to in the previous letters. 4. In the event that the shareholder is a legal person, the exclusion must be ordered if the sentence or decree or disqualification measure have been issued against the administrators of the latter. 5. Also excluded are: a) the economic operator who is the recipient of the disqualification sanction referred to in Article 9, paragraph 2, letter c), of Legislative Decree no. 8 June 2001. 231, or other sanction which entails the prohibition of contracting with the public administration, including the disqualification measures referred to in article 14 of the legislative decree of 9 April 2008, n. 81; b) the economic operator who has not presented the certification referred to in article 17 of law 12 March 1999, n. 68, or has not submitted a declaration in lieu of the existence of the same requirement; c) in relation to procedures relating to public investments financed, in whole or in part, with the resources provided for by Regulation (EU) no. 240/2021 of the European Parliament and of the Council, of 10 February 2021 and by Regulation (EU) no. 241/2021 of the European Parliament and of the Council, of 12 February 2021, the economic operators required to draw up the report on the personnel situation, pursuant to article 46 of the code of equal opportunities between men and women, referred to in legislative decree 11 April 2006, n. 198, who have not produced, at the time of submitting the application for participation or the offer, a copy of the last report drawn up, with certification of its conformity with that sent to the company trade union representatives and to the councilor and regional equality councilor pursuant to of paragraph 2 of the aforementioned article 46, or, in case of failure to comply with the terms set out in paragraph 1 of the same article 46, with certification of its simultaneous transmission to the company trade union representatives and to the councilor and the regional equality councilor; d) the economic operator who has been subjected to judicial liquidation or is in a state of compulsory liquidation or arrangement with creditors or against whom proceedings are underway for access to one of these procedures, without prejudice to the provisions of article 95 of the code of the business crisis and insolvency, referred to in the legislative decree of 12 January 2019, n. 14, from article 186-bis, paragraph 5, of the royal decree of 16 March 1942, n. 267 and article 124 of this code. The exclusion does not apply if, by the date of the award, the measures referred to in Article 186-bis, paragraph 4, of Royal Decree no. have been adopted. 267 of 1942 and article 95, paragraphs 3 and 4, of the code referred to in legislative decree no. 14 of 2019, unless further exclusionary circumstances relating to insolvency procedures arise; e) the economic operator registered in the computer register kept by the ANAC for having submitted false declarations or false documentation in tender procedures and in the assignment of subcontracts; the cause of exclusion lasts until the registration in the computer register takes effect; f) the economic operator registered in the computer register kept by the ANAC for having submitted false declarations or false documentation for the purposes of issuing the qualification certificate, for the period during which the registration continues. 6. Furthermore, the economic operator who has committed serious, definitively ascertained violations of the obligations relating to the payment of taxes and duties or social security contributions, according to Italian legislation or that of the State in which they are established. Those indicated in Annex II.10 constitute serious violations definitively ascertained. This paragraph does not apply when the economic operator has complied with its obligations by paying or committing itself in a binding manner to pay the taxes or social security contributions due, including any interest or penalties, or when the tax or social security debt is in any case fully extinguished, provided the extinction, payment or commitment was completed before the deadline for submitting the offer. 7. Exclusion is not ordered and the prohibition on awarding does not apply when the crime has been decriminalized or when it is rehabilitation has occurred or, in cases of conviction to a perpetual accessory sentence, when this has been declared extinct pursuant to article 179, seventh paragraph, of the penal code, or when the crime has been declared extinct after the conviction or in case of revocation of the sentence itself. EFFECTIVE FROM: 1 July 2023