Who it's for
economic operators who have concluded works, service and supply contracts
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Subcontracting authorisation
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Economic operators contracting works, services and supplies may apply for subcontracting authorisation by submitting the application, the subcontracting contract and other necessary documentation
What to do
The application, prepared using the forms made available, is to be sent to the PEC of the provincial structure responsible for the execution of the contract; it must be submitted, together with the required mandatory annexes, in order to pay the stamp duty (which is not required if the main contract refers to a tender whose notice or letter of invitation is issued after 15 September 2023 as the tax is paid as a lump sum by the contractor pursuant to Annex I.4 of Legislative Decree no. 36 of 31 March 2023.
It should be noted that the form must be used for subcontracts relating to procedures initiated (i.e. for which the notice has been published or the letter of invitation has been sent) on or after 1 January 2025.
It may also be used for procedures initiated earlier than 15 September 2023 with these adjustments:
- the declaration that subcontracting contracts have been awarded to SMEs for not less than 20 per cent of the subcontractable services (or the different threshold indicated in the tender) must be omitted; if this is erroneously retained by the e.o., it is not taken into account
- it is not necessary to include in the subcontract the price revision clause (letter "f" of the form), part at the bottom of the "DOCUMENTATION ATTACHED AS AN INTEGRATIVE PART OF THE APPLICATION".
What you need
Forms
Timeframes and deadlines
The 30-day time limit starts to run from the date the PEC is forwarded; the competent structure may request additional documentation or give notice of rejection; if the request relates to subcontracts or subcontracts for an amount of less than 2 per cent of the amount of the services entrusted or for an amount of less than EUR 100,000, the time limit is 15 days
30 days
Maximum no. of waiting days
from the date of submission of the subcontracting request
Information is available by contacting the secretariat of the structure to which the application is addressed. Documentary integrations may be requested during the preliminary investigation and the notice of refusal may be communicated. At the end, the authorisation or denial of the application is issued.
Costs
none
The documentation, if required by the regulations, must be in order with the stamp duty. For procedures initiated after 15 September 2023 (i.e. if the contract notice or letter of invitation for the main contract), the stamp duty shall be paid at a flat rate by the contractor in accordance with D.Lgs. 36/2023 (Annex I.4)
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