Common use of PARTICIPATION OF TEMPORARY ASSOCIATIONS OF ECONOMIC OPERATORS Clause in Contracts

PARTICIPATION OF TEMPORARY ASSOCIATIONS OF ECONOMIC OPERATORS. Temporary associations of economic operators as indicated in Art. 45 and 48 of the Code or established in accordance with the legislation of the relevant member state7 may submit offers. Such groups may be already established or not yet established. Under penalty of exclusion, an economic operator cannot participate in more than one group of economic operators or take part to this selection procedure both on its own and as a member of a group of economic operators. If the group of economic operators is already established, the legal representative of the lead economic operator (“mandataria”, pursuant to Art. 48 of the Code) must sign the declaration in conformity with Annex AR.2.1 of these Awarding Rules, the Economic Offer and the Business Plan If the group of economic operators is not yet established, the person(s) empowered to represent each of the economic operators jointly participating must sign the declaration in conformity with Annex AR.2.1 of these Awarding Rules, the Economic Offer and the Business Plan. Each economic operator in the group must submit a ESPD as laid down in Annex AR.2.2 of these Awarding Rules. The concessions concern a unique and homogenous service. No grounds for the identification of a “prestazione principale” (main activity) pursuant to art. 48 of the Code therefore exist. As a consequence, only “raggruppamenti temporanei di imprese orizzontali” (horizontal temporary associations of economic operators) pursuant to art. 48 of the Code are admitted. The lead economic operator’s share of contract execution must be greater than any other economic operator’s in the group, pursuant to art. 83, para. 8, of the Legislative Decree 50/2016.