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LEGISLATIVE DECREE N. 50 OF 18 APRIL 2016
(ITALIAN) PUBLIC CONTRACT CODE.
(ENGLISH VERSION)
Vedi testo integrale - Publication and updating
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PART I - SCOPE, PRINCIPLES, DEFINITIONS AND EXCLUSIONS
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TITLE I - GENERAL PRINCIPLES AND DEFINITIONS
- Art. 1. Subject-matter and scope
- Art. 2. State, Regions and Autonomous Provinces legislative competences
- Art. 3. Definitions
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TITLE II - CONTRACTS TOTALLY OR PARTIALLY EXCLUDED FROM THE SCOPE OF APPLICATION
- Art. 4. Principles relating to the award of excluded public contracts
- Art. 5. Common principles relating to exclusion for concessions, public contracts and agreements between contracting entities and authorities within the public sector
- Art. 6. Contracts and concessions awarded in the special sectors to a joint venture or to a contracting entity part to a joint venture
- Art. 7. Contracts and concessions awarded to an affiliated undertaking
- Art. 8. Exclusion of activities directly exposed to competition
- Art. 9. Service contracts awarded on the basis of an exclusive right
- Art. 10. Contracts awarded in the water, energy, transport and postal services sectors
- Art. 11. Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energy
- Art. 12. Specific exclusions for concessions in the water sector
- Art. 13. Contracts awarded for purposes of resale or lease to third parties
- Art. 14. Contracts and design contests awarded or organized for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country
- Art. 15. Exclusions in the sector of electronic communications
- Art. 16. Contracts awarded and design contests organized pursuant to international rules
- Art. 17. Specific exclusions for service contracts and concessions
- Art. 17-bis Other excluded contracts
- Art. 18. Specific exclusions for concession contracts
- Art. 19. Sponsorship contracts
- Art. 20. Public work realized at private expenses
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TITLE III - PLANNING, PROGRAMMING AND DESIGN
- Art. 21. Purchasing program and public works schedule
- Art. 22. Transparency in the participation of stakeholders and public debate
- Art. 23. Levels of planning for contracts, work concessions as well as services
- Art. 24. Internal and external planning to contracting authorities in the field of public works
- Art. 25. Preliminary verification of the archaeological interest
- Art. 26. Preliminary verification of the planning
- Art. 27. Procedure of approval for projects relating to works
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TITLE IV - MODALITIES FOR THE AWARD COMMON PRINCIPLES
- Art. 28. Mixed procurement contract
- Art. 29. Principles on transparency
- Art. 30. Principles for the award and execution of procurements and concessions
- Art. 31. Role and functions of the official responsible of the procedure in contracts and concessions
- Art. 32. Phases in the award procedure
- Art. 33. Controls on the acts of the award procedures
- Art. 34. Energy and environmental sustainability criteria
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PART II - PROCUREMENT CONTRACTS FOR WORKS, SERVICES AND SUPPLIES
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TITLE I - COMMUNITY RELEVANCE AND BELOW-THRESHOLD CONTRACTS
- Art. 35. Community relevance thresholds and methods of calculation of the estimated amount of contracts)
- Art. 36. Below-threshold contracts
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TITLE II - QUALIFICATION OF THE CONTRACTING AUTHORITIES OR ENTITIES
- Art. 37. Aggregation and centralization of demands
- Art. 38. Qualification of contracting authorities or entities and central purchasing bodies
- Art. 39. Ancillary purchasing activities
- Art. 40. Obligation of using electronic means of communication in the conduct of award procedures)
- Art. 41. Measures for the simplification of the procurement procedures carried out by central purchasing bodies
- Art. 42. Conflict of interest
- Art. 43. Contracts involving contracting authorities and contracting entities in different Member States
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TITLE III - ASSIGNMENT PROCEDURE
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CHAPTER I – COMMON MODES TO PROCUREMENT PROCEDURES
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SECTION I - COMMON RULES
- Art. 44. Digitalization of procedures
- Art. 45. Economic operators
- Art. 46. Economic operators for the award of architecture and engineering services
- Art. 47. Requirements for the participation of consortia to tenders
- Art. 48. Temporary groups and ordinary consortia of economic operators
- Art. 49. Conditions relating to the GPA and other international agreements
- Art. 50. Social clauses in tender notices and invitation for tender
- Art. 51. Subdivision into lots
- Art. 52. Rules applicable to communications
- Art. 53. Access to acts and confidentiality
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SECTION II - TECHNIQUES AND TOOLS FOR ELECTRONIC AND AGGREGATED CONTRACTS
- Art. 54. Framework agreements
- Art. 55. Dynamic purchasing systems
- Art. 56. Electronic auctions
- Art. 57. Electronic catalogue
- Art. 58. Procedures carried out through telematic trading platforms
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CHAPTER II - PROCEDURES FOR THE SELECTION OF THE CONTRACTOR FOR THE ORDINARY SECTORS
- Art. 59. Procedure’s choice
- Art. 60. Open procedure
- Art. 61. Restricted procedures
- Art. 62. Competitive procedures with negotiation
- Art. 63. Negotiated procedure without prior publication of a contract notice
- Art. 64. Competitive dialogue
- Art. 65. Innovation partnerships
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CHAPTER III - DEVELOPMENT OF PROCEDURES FOR THE ORDINARY SECTORS
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SECTION I - NOTICES
- Art. 66. Market consultations
- Art. 67. Previous participation of candidates or bidders
- Art. 68. Technical specifications
- Art. 69. Labels
- Art. 70. Prior information notice
- Art. 71. Contract notice
- Art. 72. Form and manner of publication of notices
- Art. 73. Publication at national level
- Art. 74. Electronic availability of tender documents
- Art. 75. Invitations to candidates
- Art. 76. Information of candidates and tenderers
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SECTION II - SELECTION OF CONTRACTING ENTITY
- Art. 77. Selection Board
- Art. 78. Register of selection boards
- Art. 79. Setting time limits
- Art. 80. Exclusion grounds
- Art. 81. Tender documents
- Art. 82. Test reports, certification and other means of proof
- Art. 83. Selection criteria
- Art. 84. Unique qualification system for firms that carry out public works
- Art. 85. European Single Procurement Document
- Art. 86. Means of proof
- Art. 87. Quality assurance standards
- Art. 88. Online repository of certificates e-Certis
- Art. 89. Reliance on the capacities of other entities (“Avvalimento”)
- Art. 90. official lists of contractors
- Art. 91. Reduction in the number of otherwise qualified candidates to invite to participate
- Art. 92. Reduction of Tenders and solutions
- Art. 93. Guarantees for participation in the procedure)
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TITLE IV - AWARDS FOR ORDINARY SECTORS
- Art. 94. General selection principles
- Art. 95. Contract award criteria
- Art. 96. Life-cycle costs
- Art. 97. Abnormally low tenders
- Art. 98. Contract award notice
- Art. 99. Written reports on procurement procedures
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TITLE V - EXECUTION
- Art. 100. Requisites for tender execution
- Art. 101. Contracting entities
- Art. 102. Testing and verification of compliance
- Art. 103. Final guarantees
- Art. 104. Guarantees for the performance of works of significant value
- Art. 105. Subcontracting
- Art. 106. Modification of contracts during their term
- Art. 107. Suspension
- Art. 108. Termination
- Art. 109. Withdrawal
- Art. 110. Award procedures in the event of the bankruptcy of the performer or the termination of the contract and extraordinary management measures
- Art. 111. Technical, accounting and administrative control
- Art. 112. Reserved concessions and contracts
- Art. 113. Incentives for technical functions
- Art. 113-bis. Terms for issuing payment certificates relating to down payments
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TITLE VI - SPECIAL PROCUREMENT SCHEMES
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CHAPTER I - PROCUREMENT IN SPECIAL SECTORS
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SECTION I - APPLICABLE PROVISIONS AND SCOPE
- Art. 114. Subject-matter and scope
- Art. 115. Gas and heat
- Art. 116. Electricity
- Art. 117. Water
- Art. 118. Transport
- Art. 119. Ports and airports
- Art. 120. Postal services
- Art. 121. Exploitation of a geographical area for the purpose of extracting oil or gas or coal or other solid fuels
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SECTION II - AWARDING PROCEDURES
- Art. 122. Applicable rules
- Art. 123. Choice of the procedure
- Art. 124. Negotiated procedure with prior call for competition
- Art. 125. Use of the negotiated procedure without prior call for competition
- Art. 126. Communication of technical specifications
- Art. 127. Periodic indicative notices
- Art. 128. Notices on the existence of a qualification system
- Art. 129. Contract notice and Contract award notices
- Art. 130. Drafting and methods of publication of notices and notices
- Art. 131. Invitations to candidates
- Art. 132. Informing applicants for qualification, candidates and tenderers
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SECTION III - SELECTION OF PARTICIPANTS AND OFFERS AND UNIQUE REPORTS
- Art. 133. General principles for the selection of participants
- Art. 134. System of qualification of economic operators
- Art. 135. Criteria for qualitative selection and Reliance on the capacities of other entities
- Art. 136. Applicability of exclusion reasons and selection criteria of the ordinary sectors to qualification systems
- Art. 137. Offers containing products originating in third countries)
- Art. 138. Relations with third countries as regards works, supplies and service contracts
- Art. 139. Individual reports on procedures for the award of contracts
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SECTION IV - SOCIAL SERVICES, DESIGN CONTEST AND RULES ON EXECUTION
- Art. 140. Rules applicable to social services and other services specific to special sectors
- Art. 141. Rules governing design contests in special sectors
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CHAPTER II - PROCUREMENT OF SOCIAL SERVICES AND OTHER SERVICES IN THE ORDINARY SECTORS
- Art. 142. Publication of notices and notices
- Art. 143. Contracts reserved for certain services.
- Art. 144. Catering services
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CHAPTER III - PROCUREMENT IN THE FIELD OF CULTURAL HERITAGE
- Art. 145. Common rules applicable to contracts in the cultural heritage sector
- Art. 146. Qualification
- Art. 147. Levels and content of the project design
- Art. 148. Award of the contract
- Art. 149. Variants
- Art. 150. Testing
- Art. 151. Sponsorships and special forms of partnership
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CHAPTER IV - RULES GOVERNING DESIGN CONTESTS
- Art. 152. Scope
- Art. 153. Contract notice
- Art. 154. Organizing design contests and selection of participants
- Art. 155. Jury for design contest
- Art. 156. Creative competition
- Art. 157. Other design and related assignments
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CHAPTER V - RESEARCH AND DEVELOPMENT SERVICES
- Art. 158. Research and development services
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CHAPTER VI - CONTRACTS AND PROCEDURES IN SPECIFIC SECTORS FIRST SECTION
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SECTION I - DEFENSE AND SECURITY
- Art. 159. Defense and security
- Art. 160. Mixed contracts regarding aspects of defense and security
- Art. 161. Contracts and design competitions awarded or organized according to international standards
- Art. 162. Sealed contracts
- Art. 163. Procedures in cases of extreme urgency and civil protection
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PART III - CONCESSION CONTRACTS
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TITLE I - GENERAL PRINCIPLES AND SPECIFIC SITUATIONS
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CHAPTER I - GENERAL PRINCIPLES
- Art. 164. Object and scope of application
- Art. 165. Risk and economic-financial equilibrium in the concessions
- Art. 166. Principle of free administration by public authorities
- Art. 167. Methods for calculating the estimated value of concessions
- Art. 168. Duration of the concession
- Art. 169. Mixed contracts
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CHAPTER II - PROCEDURAL GUARANTEES
- Art. 170. Technical and functional requirements
- Art. 171. Procedural guarantees in award criteria
- Art. 172. Selection of and qualitative assessment of candidates
- Art. 173. Time-limits, general principles and award criteria
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CHAPTER III - RULES ON PERFORMANCE OF CONCESSIONS
- Art. 174. Subcontracting
- Art. 175. Modification of contracts during their term
- Art. 176. Termination, automatic revocation, termination for breach and subentry
- Art. 177. Award of licensed concessions
- Art. 178. Rules on highway concessions and specific transitional regimes
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PART IV - PUBLIC-PRIVATE PARTNERSHIPS AND GENERAL CONTRACTOR AND OTHER PROCEDURES FOR AN AWARD
- Art. 179. Common applicable regime
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TITLE I - PUBLIC-PRIVATE PARTNERSHIPS
- Art. 180. Public-private partnerships
- Art. 181. Tender procedures
- Art. 182. The funding of the project
- Art. 183. Project financing
- Art. 184. Project companies
- Art. 185. Issue of bonds and debt securities by the project company
- Art. 186. Preferential credits
- Art. 187. Financial leasing of public works or works of public utility
- Art. 188. Availability contract
- Art. 189. Interventions of horizontal subsidiarity
- Art. 190. Administrative barter
- Art. 191. Sale of real property in exchange for work
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TITLE II - IN HOUSE
- Art. 192. Special regime for in-house awards
- Art. 193. Public project company
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TITLE III - THE GENERAL CONTRACTOR
- Art. 194. Award to a general contractor
- Art. 195. Tender procedure for the general contractor
- Art. 196. Controls on performance and testing
- Art. 197. Qualification system for the general contractor
- Art. 198. Rules for participation in the tender of the general contractor
- Art. 199. Management of the qualification system for the general contractor
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PART V - INFRASTRUCTURES AND PRIORITY SETTLEMENTS
- Art. 200. General Provisions
- Art. 201. Planning and programming instruments
- Art. 202. Financing and reprogramming of resources for priority infrastructures
- Art. 203. Monitoring the infrastructures and priority settlements
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PART VI - FINAL AND TRANSITORY PROVISIONS
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TITLE I - DISPUTES
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CHAPTER I - JUDICIAL REMEDIES
- Art. 204. Judicial Remedies
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CHAPTER II - ALTERNATIVE REMEDIES TO JUDICIAL PROTECTION
- Art. 205. Amicable agreement for the works
- Art. 206. Amicable agreement for services and supplies
- Art. 207. Technical consulting board
- Art. 208. Settlement
- Art. 209. Arbitration
- Art. 210. Chamber of Arbitration, list of arbitrators and list of secretaries
- Art. 211. ANAC Pre-dispute opinions
- TITLE II - GOVERNANCE
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ART. 212. ADDRESS AND COORDINATION
- Art. 213. National Anti-Corruption Authority
- Art. 214. Ministry of Infrastructure and Transports and Technical Mission Structure
- Art. 215. Superior Board of Public Works
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TITLE III - TRANSITIONAL, COORDINATION AND ABROGATION PROVISIONS
- Art. 216. Transitional provisions and coordination
- Art. 217. Repeals
- Art. 218. Updates
- Art. 219. Financial invariance clause
- Art. 220. Entry into force
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ANNEXES
- ANNEX I - LIST OF ACTIVITIES AS SET OUT IN POINT A) OF LETT. II) N. 1) OF ARTICLE 32)
- ANNEX II - ACTIVITIES CARRIED OUT BY CONTRACTING ENTITIES REFERRED TO IN ARTICLE 1641)
- ANNEX III - CENTRAL GOVERNMENT AUTHORITIES
- ANNEX IV - LIST OF BODIES AND CATEGORIES OF BODIES GOVERNED BY PUBLIC LAW IN ORDINARY SECTORS
- ANNEX V - FEATURES CONCERNING PUBLICATION
- ANNEX VI - LIST OF UNION LEGAL ACTS
- ANNEX VII - DEADLINES FOR THE ADOPTION OF THE IMPLEMENTING ACTS REFERRED TO IN ARTICLE 8
- ANNEX VIII - LIST OF PRODUCTS WITH REGARD TO CONTRACTS AWARDED BY CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCE
- ANNEX IX - SERVICES REFERRED TO IN ARTICLES 140, 142, 143 AND 144
- ANNEX X - LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS
- ANNEX XI - REQUIREMENTS RELATING TO TOOLS AND DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS TO PARTICIPATE, APPLICATIONS FOR QUALIFICATION AS WELL AS PLANS AND PROJECTS IN CONTESTS
- ANNEX XII - INFORMATION TO BE INCLUDED IN THE PROCUREMENT DOCUMENTS RELATING TO ELECTRONIC AUCTIONS OF CONTRACTS IN REGULAR AND SPECIAL SECTORS
- ANNEX XIII - DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS
- ANNEX XIV - INFORMATION TO BE INCLUDED IN CONTRACT NOTICES IN REGULAR AND SPECIAL SECTORS
- ANNEX XV - CONTENTS OF THE INVITATIONS TO SUBMIT A TENDER, TO PARTICIPATE IN THE DIALOGUE OR TO CONFIRM INTEREST PROVIDED FOR UNDER REGULAR AND SPECIAL SECTORS
- ANNEX XVI - REGISTERS REFERRED TO IN ARTICLE 83
- ANNEX XVII - MEANS OF PROOF OF SELECTION CRITERIA
- ANNEX XVIII - LIST OF UNION LEGAL ACTS REFERRED TO IN ARTICLE 96, POINT 3
- ANNEX XIX - INFORMATION TO BE INCLUDED IN THE DESIGN CONTEST NOTICE AS REFERRED TO IN ARTICLES 141 AND 152
- ANNEX XX - INFORMATION TO BE INCLUDED IN THE RESULTS OF DESIGN CONTEST NOTICES AS REFERRED TO IN ARTICLES 141 AND 152
- ANNEX XXI - INFORMATION TO BE INCLUDED IN CONCESSION NOTICES
- ANNEX XXII - INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES
- ANNEX XXIII - INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES
- ANNEX XXIV - INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES
- ANNEX XXV - INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONCESSION DURING ITS TERM
