The Council of Ministers yesterday approved the legislative decree with the procurement code. For the League, the new code "means faster procurement, with a saving of time (for assignments without a tender, we save from six months to a year), more autonomy for local authorities with particular reference to small municipalities, preferential lane for supplies Italian and European countries, digitization saving paper and bureaucratic tasks".
Liberalization expected below the threshold: up to 5,3 million direct credit lines
The so-called is expected liberalization below threshold: up to 5,3 million there may be direct assignments. From January XNUMX, all information exchanges will take place on one national digital platform, so that companies do not have to submit the same documentation more than once (saving time, costs, paper). Small Municipalities will be able to proceed with direct assignments up to 500 thousand euros and for the first year they will have more options to choose the qualified contracting station, expanding the fence that previously only provided for the provinces. Not only. THE Smaller Town Halls they will have simplifications on the staff: Rup functions can be entrusted to employees in service even with fixed-term contracts. There is no clause for expedite payments (the possibility is guaranteed for the executor to issue invoices even at the time of the adoption of the SAL)".
The protests of the anti-corruption authorities and the builders
The government did not take into account the requests of the anti-corruption authority and those of the builders. President ANAC Joseph Busia he had in fact clearly stated that he did not agree with the possibility for unqualified contracting authorities to award works up to 500 thousand euros: "It's like allowing you to drive in the city without a license where there is a 50 km limit", he warned.
The procurement code, the note from the Ministry of Infrastructure reads again, revised and integrated in the light of the observations of the parliamentary commissions, has the merit of proceeding in the direction of simplification, de-bureaucratisation of procedures and liberalization - An instrument which enables institutions and companies to work quickly to provide goods and services to citizens.
The digitization of procedures: starting from January 2024
To have a race you will save from six months to a year, thanks above all to the digitization of the procedures, in force since 1 January 2024. Una procurement database it will contain information relating to companies, a sort of digital identity card, which can always be consulted, without it being necessary for those taking part in the tenders to present packets of documentation from time to time, with considerable savings in costs and above all in paper. An appreciable standard also from an environmental point of view.
Relive the integrated contract and no fear for signing
The contract may “have as its object the executive design and execution of the works on the basis of an approved technical-economic feasibility project. Furthermore, to guarantee the completion of the works, it will also be possible to proceed with the so-called cascade subcontracting, without limits".
“Don't worry about the “signature“: no gross negligence – continues the note from MIT – for officials and managers of public bodies if they have acted on the basis of jurisprudence or the opinions of the authorities. Similar protections for the delicate issue of professional tort.
Reviewed the causes of exclusion. Enter constructive dissent
In the reformulation of the code, a rationalization and simplification of the reasons for exclusion, also through a greater typification of the cases. In particular, for some types of crime, the professional offense can be invoked only following a final conviction, a first instance conviction or in the presence of precautionary measures.
"Bent - continues the League - the No party: qualified dissent is in fact foreseen, to overcome the stoppage of contracts when a plurality of subjects is involved. During the services conference, the body that expresses its no will not only have to motivate, but above all provide an alternative solution.
Even the evaluation ofarchaeological interest, whose process, often long and articulated, risks holding back contracts, will have to be carried out at the same time as the project approval procedures, so as not to affect the work schedule.
Last but not least the safeguarding of "made in Italy": among the evaluation criteria of the offer, the percentage value of the products originating from Italy or from EU countries, with respect to the total, is foreseen as a reward. Protection for Italian and European supplies from unfair competition from third countries. The contracting authorities can also indicate the material procurement criteria to meet the highest quality standards. Among the rewarding criteria is the valorisation of the companies, which are based in the area affected by the work”.
Ferrari (Webuild): the introduction of price variations is important
With the reform of the procurement code “a very important aspect is introduced, namely the price change, which is fundamental, because previously our legislation, unlike others, did not provide for the possibility of adjusting the value of the contract due to price changes and this is a novelty that should be welcomed".
That's what he said Massimo Ferrari, Webuild General Manager, who in his speech on the Menabò broadcast on Radio Rai Uno, recalled "that the discussion of the Procurement Code is necessary to comply with the requests related to the Recovery Fund, because it was one of the points on which Italy was late ”. Another important novelty, highlighted Ferrari, “is that the text will be immediately enforceable, therefore, it will not need the implementing regulations, unlike the previous one, which has been waiting for them for several years and has in fact never been fully implemented. It is assumed that it will come into force next year 1 ° July to give time to the contracting authorities and contracting companies to adapt".
Regarding the raising of the threshold for the direct assignments which rises from 40 to 150 euros and the procedure for calls without tender, which should increase from 1 to 5,38 million euros, the Director General highlighted that "from a certain point of view, the thresholds have been maintained as at the time of the Covid. Surely this simplification could induce some complexity and some risk, but it is also true that in this period no major criticalities have emerged. While the big delay in the execution of the PNRR it is above all in local administrations, therefore small-medium contracts, where there is a lack of resources, but also technical skills, therefore simplification helps”.
(updated at 10,20)
