Article 96. Discipline of exclusion.

1. Except as provided for in paragraphs 2, 3, 4, 5 and 6, the contracting authorities shall exclude an economic operator at any time during the procurement procedure, if it appears that he is, due to actions carried out or omitted before or during during the procedure, in one of the situations referred to in articles 94 and 95. 2. The economic operator who finds himself in one of the situations referred to in article 94, with the exception of paragraph 6, and in article 95, a except for paragraph 2, he is not excluded if the conditions referred to in paragraph 6 of this article have occurred and he has fulfilled the obligations referred to in paragraphs 3 or 4 of this article. 3. If the cause for exclusion occurred before of the submission of the offer, the economic operator, at the same time as the offer, communicates it to the contracting authority and, alternatively: a) proves that it has adopted the measures referred to in paragraph 6; b) proves the impossibility of adopting such measures before the submission of the offer and subsequently complies with paragraph 4. 4. If the cause of exclusion occurred after the submission of the offer, the economic operator adopts and communicates the measures referred to in paragraph 6. 5. Under no circumstances may the award be postponed due to the adoption of the measures referred to in paragraph 6. 6. An economic operator who finds himself in one of the situations referred to in article 94, with the exception of paragraph 6, and in Article 95, with the exception of paragraph 2, he can provide evidence that the measures he has adopted are sufficient to demonstrate his reliability. If such measures are deemed sufficient and promptly adopted, it is not excluded from the procurement procedure. To this end, the economic operator demonstrates that it has compensated or has undertaken to compensate for any damage caused by the crime or offence, that it has clarified the facts and circumstances in a comprehensive way by actively collaborating with the investigative authorities and that it has adopted measures concrete measures of a technical, organizational and personnel nature suitable for preventing further crimes or offences. The measures adopted by economic operators are evaluated considering the seriousness and particular circumstances of the crime or offence, as well as the timeliness of their adoption. If the contracting authority believes that the measures are untimely or insufficient, it will communicate the reasons to the economic operator. 7. An economic operator excluded by final ruling from participation in procurement or concession procedures cannot avail itself of the possibility provided for in paragraphs 2 , 3, 4, 5 and 6 during the period of exclusion deriving from this sentence. 8. If the definitive criminal sentence does not establish the duration of the accessory sentence of the inability to contract with the public administration, the sentence produces an exclusionary effect from the procurement procedures: a) in perpetuity, in cases in which the conviction automatically results in a perpetual accessory penalty, pursuant to article 317-bis, first paragraph, first sentence, of the penal code, unless the penalty is declared extinct pursuant to article 179, seventh paragraph, of the penal code; b) for a period of seven years in the cases provided for by article 317-bis, first paragraph, second period, of the penal code, unless rehabilitation has occurred; c) for a period of five years in cases other than those referred to in letters a) and b), unless rehabilitation has occurred. 9. In the cases referred to in letters b) and c) of paragraph 8, if the sentence principal has a duration of less than seven and five years of imprisonment respectively, the resulting exclusionary effect is produced for a period with a duration equal to the duration of the principal sentence. 10. The causes of exclusion referred to in article 95 note: a) for three years starting from the commission of the act, in the case referred to in article 95, paragraph 1, letter a); b) only for the tender to which the conduct refers, in the cases referred to in article 95, paragraph 1, letters b), c) and d); c) in the case referred to in article 95, paragraph 1, letter e), unless the conduct referred to in paragraph 3, letter b) of the article 98, for three years starting respectively: 1) from the date of issue of one of the documents referred to in article 407-bis, paragraph 1, of the criminal procedure code or of any personal or real precautionary measures of the criminal judge, if prior to the exercise of the criminal action where the excluding situation consists of a criminal offense included among those assessable pursuant to paragraph 1 of article 94 or pursuant to paragraph 3, letter h), of article 98; 2) by date of the sanction imposed by the Competition and Market Authority or by another sector authority in the event that the excluding situation derives from this act; 3) from the commission of the crime in all other cases. 11. Any challenge to some of the aforementioned measures is not relevant for the purposes of the three-year period starting. 12. The economic operator has the burden of immediately communicating to the contracting authority the existence of some of the measures mentioned in numbers 1) and 2) of letter c) of paragraph 10, if not mentioned in your virtual file. If he contravenes the communication obligation, the three-year period begins to run from the date on which the contracting authority acquired some of the aforementioned provisions. 13. The causes of exclusion provided for by articles 94 and 95 do not apply to companies or companies subjected to seizure or confiscation pursuant to article 240-bis of the penal code or articles 20 and 24 of the code of anti-mafia laws and prevention measures, referred to in legislative decree 6 September 2011, n. 159, and entrusted to a custodian or judicial or financial administrator, limited to those referring to the period prior to the aforementioned assignment. 14. The economic operator has the obligation to communicate to the contracting authority the existence of the facts and measures that may constitute cause of exclusion pursuant to articles 94 and 95, if not mentioned in your virtual file. The omission of such communication or its untruthfulness, although not in itself a cause for exclusion, may be found pursuant to paragraph 4 of article 98. 15. In the event of presentation of a false declaration or false documentation, in the tender procedures and subcontracting assignments, the contracting authority reports them to the ANAC which, if it believes that they were made with fraud or gross negligence, taking into account the relevance or seriousness of the facts subject to the false declaration or the presentation of false documentation , orders the registration in the computer register for the purposes of exclusion from tender procedures and subcontracting assignments pursuant to article 94, paragraph 5, letter e), for a period of up to two years, after which the registration it is canceled and in any case loses its effectiveness. EFFECTIVE: July 1, 2023