In recent days, the draft law on procurement reform was approved in the House; it appears that the Senate will approve it without modifications and therefore the law will be passed shortly. The provision provides for the revision of the public contract system; the aim is to simplify the rules and encourage transparency.
The text of the new Procurement Code introduces important changes in the system of awarding public works: a fundamental point is to focus on the quality of the project, reducing any exceptions and variations among the first causes of the increase in costs. Of great importance is also the reduction of contracting stations to 230.
In summary, the main new features introduced are as follows:
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Extension and strengthening of the role of the National Anti-Corruption Authority (ANAC). The Anac will be the fulcrum of the new procurement system: it will be entrusted with a broad supervisory function, with powers of control and precautionary intervention, with the possibility of blocking irregular tenders in progress, as well as the concrete possibility of imposing sanctions.
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Prohibition of derogating rules in tenders: no more regulatory shortcuts for tenders relating to the realization of major events, with derogations allowed only in the event of civil protection emergencies.
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Introduction of the prohibition of maximum discount awards. The normal criterion of the assignment will be that of the offer economically and qualitatively more advantageous, based not only on the price but also on the organizational aspects of the construction site and project improvement.
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Enhancement and valorisation of the design phase also promoting the architectural and technical-functional quality, radically limiting the use of the integrated contract and usually providing for the tendering of the executive project. Projects, therefore, that can no longer be continuously retouched through the mechanism of variations during construction.
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Evaluation of companies also based on the reputation earned in the field and good conduct (respect for deadlines, low litigation, legality rating, etc.).
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Provision of forms of public debate to encourage the involvement of local communities in the territories involved in the construction of large infrastructure projects. The idea is to concert the works when they are conceived, to avoid problems in the subsequent stages.
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Favor telematic tenders with the publication of notices on websites. The use of BIM (Building Information Modelling) for the electronic simulation of building information will also be encouraged.
The new Code, therefore, constitutes a fundamental step by the Government to ensure transparency, effectiveness and review the complex system of public procurement. Of course, the rules will have to be implemented in regulations and will therefore be fully applied within a few months. It is a question of monitoring and implementing any corrective actions but it seems to us, at present, that this is a significant achievement for the country.
These and other topics will be addressed on the occasion of the 1th annual Workshop of the Observatory The Costs of Not Doing entitled: “How to select infrastructural priorities. The case of Central-Northern Italy”, which will be held in Milan on December XNUMXst in the Conference Room of Palazzo Turati (visit the event website).
