After the ‘ adoption of the new basic text , the Public Works Committee is grappling with the consideration of amendments. Among the most interesting ones, there is the inclusion of the quality technical-functional between parameters utilized in the design phase.
The basic text currently expected that public procurement is enhanced phase project promoting the architectural quality through the tool of design contests, limiting the use of integrated procurement and favoring the development of the final project or executive race.
‘was also proposed the express prohibition of exceptional procedures to the ordinary ones, except in cases of emergency civil protection for natural disasters.
In the package of amendments then there are the Simplifying the system AvcPass , the adjustment expressed in cases where it is possible the award according to the criterion of the lowest price and the establishment of a national register of persons who can fill the role of project manager and test driver procurement in the formula of the general contractor.
Amendments limited recourse to a subcontractor integrated to cases where work is needed or components with a technology or innovative exceeding in value 70% of the total amount of work.
Recall that the bill authorizes the Government to adopt a legislative decree transposing Directives 2014/23 / EU on concession contracts, 2014/24 / EU Procurement Agreement (which repealing Directive 2004/18 / EC) and 2014/25 / EU on the procurement procedures of entities operating in the water, of ‘ energy , the transport and postal services (repealing Directive 2004/17 / EC).
For transposition must be respected a set of criteria, the first of the ban on gold plating . This means that the Italian legislation will not be able to introduce adjustment levels above the minimum required by the directives. Variations during construction will be minimized and justified by actual needs.
The races will be awarded preferably with the criterion of ‘ best value for money measured on the best quality – price ratio, also in order to ensure easier identification and exclusion of anomalous tenders.
The procedures of the race will also be traceable to allow for greater vigilance. With this objective, the National Anti-Corruption Authority ( ANAC ) will control functions wider.
On participants in races weigh less charges documentary . Stations General Contractor will follow verification procedures simpler and the establishment of the qualification requirements will take place with access to a unique database.
In turn, the Stations General Contractor will small and evaluated by ANAC on the basis of their technical organizational capabilities. Depending on the judgment obtained will manage races more or less complex.
Will be reviewed disciplines of the global guarantee of performance and project financing, as well as the system of qualification of economic operators, providing for the forfeiture of certificates in the event of bankruptcy proceedings, but above mechanisms rewarding for companies in the execution of the contracts have always respected the time and cost, and without litigation.
To enhance the social and environmental needs , the delegation also provides for the introduction of reward criteria in the evaluation of offers from firms that operate in its territory in accordance with the principles of economy of the contract, access of SMEs , territoriality and short chain.
It will try to avoid the “ avvalimenti cascade ” making sure that the auxiliary company directly executes performance. Will facilitate the access of small and medium enterprises by avoiding the artificial aggregation of contracts.
To shorten the construction of public works will be introduced a system similar to the Debat public French under which local communities are involved in the design phase of the strategic works and not only in the subsequent implementation .
Recall that the process for the reform of the procurement code is started at the end of August 2014 with the approval of the Cabinet of Ministers. Examination in Public Works Commission of the Senate began January 7, 2015 through a series of informational hearings attended by the National Anti-Corruption Authority (ANAC) and the experts in the industry.
On April 8, the Commission adopted a new text based and is now engaged in the examination of the Amendments .
Positive comment Foundation Inarcassa on new regulations introduced. The President Andrea Tomasi was satisfied because were included requests to enter the reputational criteria with which the qualification must be in the process of realization of public works. However, the Foundation believes that, on certain passages, “is necessary yet another step forward.” The reference is to the technical quality because, as stated in the statement issued by the Foundation, “the architectural one, albeit important, is not enough.”
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