Simpler and clearer rules to ensure efficiency and timeliness in the awarding, management and execution of contracts and concessions; certain times for the tender procedures, for the stipulation of contracts and the implementation of tenders, including public works which must be increasingly oriented towards innovation and sustainability; strengthening of the qualification of contracting authorities. These are, in summary, the main changes contained in the delegated law for updating the Code of public contracts approved by the Council of Ministers, in line with the commitment contained in the Recovery and Resilience Plan.
The text aims at a closer link between national legislation and European directives, paying particular attention to the qualification of contracting stations with the strengthening and specialization of personnel. Furthermore, the maximum simplification of procedures for investments in green and digital technologies and for innovation and research is envisaged, in line with the sustainable development goals of the UN 2030 Agenda, so as to increase the degree of eco-sustainability. of public investments.
Also foreseen is the inclusion of social and environmental clauses in the tenders as necessary or rewarding requirements of the offer in order to promote employment stability, the application of collective agreements, equal generational and gender opportunities.
“The updating and improvement of the Procurement Code will be implemented by introducing very significant innovations, in line with the criteria indicated in the European programs” explains the Minister of Infrastructures Enrico Giovannini who then adds: “The objective is to guarantee the efficiency of the procurement system, favoring competition between operators, providing clear rules and guaranteeing the best management of public investments to the State. We aim to speed up the procedures and to ensure certain times for the realization of public works, in line with the National Recovery and Resilience Plan and with the principles of economic, social and environmental sustainability “.
With the aim of shortening the times of tenders, the full digitalization and computerization of procedures is also envisaged, the reduction of administrative and economic burdens for the participants, and tools to reduce disputes over the awarding and execution of contracts. A crucial role is played by the verification, also through the use of databases at central level, of the qualification system of sector operators and their effective ability to carry out the works subject to the tender, the technical and professional skills and compliance with legality. , including aspects related to job protection and the prevention and fight against gender discrimination.
A spotlight will be lit on anomalous bids to identify cases in which contracting authorities can resort to the criterion of the lowest bid price and joint assignment of the design and execution of the works. It is also proposed to extend and strengthen the alternative dispute resolution methods to the judicial one, to avoid lengthening the time required to carry out the works and at the same time relieve the courts of litigation.
Another novelty concerns the simplification and extension of forms of public-private partnership, in particular with regard to project finance, to attract professional investors.