A Exactly one year after presentation to Parliament procurement reform taking a decisive step in the House. After 100 votes, in many cases also supported by opposition MPs, with 343 yes, 78 against and 25 abstentions Deputies approved the text delivery to the government the task of reforming procurement, based on over 75 criteria have been established. It is virtually final approval. The tight deadlines for implementation of the new European directives (to be imported into our system by April 18, 2016), leaving no room for further changes in the third reading in the Senate.
THE TEXT OF PROXY WITH ALL THE CHANGES LAUNCHED BY ROOM
“It’s a very good news for the public works system Italian – said the Minister of Infrastructure Graziano Delrio – is a reform which means transparency, effectiveness, good use of public money and not more opaque areas. ” For the minister Delrio the new code will be operational by June. “We have introduced a number of improvements to the text of the Senate – has reported the chairman of the Public works Hermes Realacci -. These include the strengthening of the role of Parliament in the process of such appointments. It is a role that we care and that will practice. ”
The latest
Among the fixes voted in plenary stands out in particular the choice of leaving the government two ways to launch the reform. The first is to launch two decrees. One by April 18, 2016 to transpose the new EU directives on procurement, concessions and excluded sectors, without incurring slapped Brussels for any overruns terms. Another by 31 July 2016 to reform the entire system. The other way – perhaps the most logical – is to launch a single decree that holds together the implementation and reorganization of the system by April 18th. It is confirmed, however, the farewell to the old Regulation procurement (Presidential Decree 207/2010). Measure -monstre 359 articles and several annexes, which will be replaced by more flexible guidelines proposed by ANAC Raffaele Cantone approved by a decree of the Ministry of Infrastructure. “The most significant change,” the minister Delrio. “So the new code will be the first Italian case of what the British call” soft law “, a law very light in this myriad of paragraphs and articles,” he stressed.
Another major correction relates to the point, very delicate and discussed, the work managed in-house by motorway. An amendment voted in plenary doubles from 12 to 24 months the time within which the dealerships will adjust to the new requirement to entrust race with 80% (instead of 60%) of the work. The lengthening of the terms should allow dealers to absorb the news without traumatic repercussions on the work in progress. It remains to verify the respect of this share by ANAC.
Among the last-minute changes also the easing of restrictions on the procurement of integrated project and work (skip the stake that limiting recourse to contracts with technology more than 70% of the contract) and new measures providing for the direct payment of SMEs involved in subcontracting. Then comes the request for intervention on the administrative process with a further squeeze on appeals to the TAR, in an attempt to limit the call to actions affecting the sector. In particular, the court must take into account already in the pre-trial phase of the case in which the annulment of the award involves the ineffectiveness of the contract. Is then introduced a special ritual in private for the immediate resolution of the dispute regarding all’esclusioni from the competition for lack of requirements, making it impossible to dispute after the measures of the contracting authority related to this phase of the competition.
The last news of the day concerning the qualification of companies, with the provision of a specific rule for the suspension and revocation of certificates that enable the market for public works (SOA claims), with particular reference to cases of bankruptcy or composition (quote and business continuity). By delegation arrives then the suspension of the performance bond on the great works and the go-to social clause for contracts in call centers.
The main contents Looking to
novelty in lengthy parliamentary procedure of the delegation, the heart of the reform is the extension and strengthening of the powers entrusted ANAC led by Raffaele Cantone. A passage in which it is not difficult to see the reflection of the many inquiries cradle corruption that have swept the world of contracts in recent months: the system is pressing-Perotti uncovered by the prosecutor of Florence scandal Mafia capital to the latest surveys procurement Anas.
With the reform, State will have powers of intervention measures (ability to block in the running races irregular), while compliance with the guidance documents to the market (contract-type, guidelines, opinions) become binding for administrations and businesses. This key is also accessed the birth of a national register of the marshals and the prohibition of providing shortcuts regulations, bypassing or simplifying the races, for the realization of large events. The exceptions may be allowed only in response to civil protection emergencies. ANAC will also be up the task to qualify for tenders which will be empowered to manage the calls for age amount based on the degree of organization and competence.
To curb the drift of the times comes the endless construction sites close about variants which handle the increased costs in two out of three cases in the great works, with the ability to terminate the contract over a certain threshold amount. Even the infrastructure will have to adapt to standard costs. With defined projects before arriving at the construction site. The delegation invests in development of projects, contracting prohibiting maximum downward. Even for jobs option largest discount becomes residual, while the normal criterion for awarding the contracts become one of the most advantageous (in addition to the price takes into account the aspects of site organization and improvement of the project).
Also works great to be able to gain consensus on the field (“debat public”). While businesses will also be assessed on the basis of the reputation earned in the yard (on time and low vocation to litigation) related to the rating of legality.
There are also many measures – at least theoretically – to facilitate access for professionals and small businesses to the world of procurement. And to ensure maximum transparency, including procurement opportunities below the EU thresholds (below 5.2 million). A gray area where lurks widespread corruption, harder to track down than that surrounds the great works. Indications of principle that will be for the Government to translate into concrete norms (and effective).
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