The Italian Legislative Decree no. 50/2016, published in the Official Gazette on 19 April 2016, reshaped the regulatory framework for public procurement.
The New Public Procurement Code – later amended by Legislative Decree nr. 56/2017 (Corrective Decree) – having been issued in a very short period of time (given the pressure of the European authorities) appears very complex and not easy to grasp.
A significant change is certainly attributable to the central role played by the ANAC (National Anti-Corruption Authority).
In the Legislative Decree no. 163/2006 ( the former Public Procurement Code) the role of oversight and investigation was assigned to the AVCP (Authority for the Supervision of Public Contracts), which was repealed by art. 19 of Law nr. 90/2014, with the resulting transfer of the corresponding tasks to the ANAC.
As part of its duties, the Authority has issued several guidelines to better target public administrations, public and private entities, tender commissioners, in-house companies, and by extension, any operator involved in the application of the Public Contracts Code.
The New Procurement Code, which is outlined in 6 parts ( split in turn into titles, chapters and sections), has the virtue of merging and redesigning the legislation on public contracts, introducing among other things, interesting innovations in terms of concessions and grantings, selection of the contractor and adjudication criteria, possession of suitable qualification of the contracting authorities (with reference to the type, complexity and amount of contracts) and requirements for operators (for example, the system of “company rating” and the related penalties and bonuses).
In this context, we assist contracting authorities and private companies throughout the entire process of public procurement, with a special care for the granting of public works, services and supplies in the environmental industry, guiding operators since the very delicate phase of bidding under both restricted and open procedures.
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