Commi from 494 to 510
The rules for strengthening centralized acquisition of paragraphs 494 to 510 are designed to achieve greater economy and efficiency in the procurement of goods and services by public administrations providing cost savings by reducing the unit price of purchase.
The new instruments that act on the demand side, including the development of races aggregated, and measures to strengthen the instruments on the side supply, offer to public administrations instruments to make reductions in spending on the purchase of goods and services in the path already mapped out by the Decree-Law 66 of 2014.
Every government is obliged, however, to associate the levers and Tools paths rationalization that impact on other items of expenditure, such as the quantities purchased, the re-engineering of production processes and the disposal of obsolete interventions, so as not to incur debts off balance.
Paragraph 511
The law provides the right for the contractor or the client to request a review if contracts that provide for indexing to the value of undifferentiated goods, when that indexation has resulted in an increase or a decrease in price more than 10% overall indicated at the time of the offer, or the possible termination of the contract or the withdrawal, without any compensation due as a result of the termination of the contract.
The contract revision must be made based on an investigation conducted by the managers responsible for the acquisition of goods and services and that it is based on cd standard costs, to date not yet determined. Pending this determination, paragraph 7 of article. 9 of Decree 66/2014 has -incaricato ANAC to provide, as of the October 2014, through the national database of public contracts, a ‘processing of the reference prices to a more efficient goods and services, including those of greatest impact in terms of cost to the public administration and to publish on its website the unit prices paid by public authorities on purchases of those goods and services. It also determined that the aforementioned condition is established by the independent regulator of the sector relative to the specific contract or, failing that, by the Competition and Market (AGCM). Procedure and terms of rebalancing. To the conditions laid down, have just mentioned, the contractor or the subject aggregator may claim, from the date of the application, a reconciliation to equity or a revision of the price the same.
paragraph 512
The arrangement aims to reduce in line with directions from the processes of spending review in place, the current expenditure for computing net of fees for the services of connectivity in public administrations and the companies included in the consolidated financial statements of the Public Administrations as defined under Article 279 ISTAT. 1 of the Law of 31 December 2009, n. 196. In particular, it is envisaged as a means of procuring exclusively by the aforementioned government and society, the use of the instruments implemented under the rationalization program of purchases of government by Consip and those prepared by those aggregators, for goods and services available from the same subjects. The regions are authorized to hire staff to ensure the functionality of those regional aggregators, notwithstanding the constraints in hiring required by law, within the limits of the resources derived from the Fund for the aggregation of purchases of goods and services at the Ministry of -istituito ‘Economy and Finance Article 9, paragraph 9 of Decree-Law no. 66/2014-used to finance activities carried out by those aggregators.
Paragraph 513
It is expected that the AGID predisposes the three-year plan for information technology in PA which it is approved by the President of the Council of Ministers or the Minister delegate. The plan must include a list of goods and information technology and connectivity, and the related costs, for each authority or category of 280 administrations, it also provides that the goods and services concerned are divided into expenses for innovation and expenses for current management and that it identify the goods and services whose acquisition has strategic importance.
Paragraph 514
For the purposes of paragraph 513 is established . that Consip or interested in the subject aggregator programs, consultation with the Agency for Italy · Digital in the way, the acquisition of goods and services according to the Plano-year for information technology in IP referred to in paragraph 512. Consip AGID, based on the information in their possession, they propose to governments and companies interested in measures to contain spending. Consip and other subjects aggregators promote aggregation of demand depends on the utilization of the tools made available to the PA; this takes place according to the territorial basis of reference of the subjects themselves, which may be national, regional and / or common to more administrations. This provision allows a unity government and a greater coordination of the implementation of IT projects in the public administration, in line with the provisions of the Government Code and by the Digital Italian.
Paragraph 515
The arrangement identifies as savings target to be reached at the end of the three year period 2016-2018, 50% of the average annual expenditure dedicated to the management of the IT sector only, with reference to the years 2013-2015. The savings target is considered net of fees for services and connectivity of the expenditure incurred by Sogei Spa, Consip SpA or subjects aggregators documented in the Three Year Plan. Are excluded from the objective of saving the INPS, the lNAIL, Sogei SpA, the companies referred to in Article 83, paragraph 15 of the Decree-Law of 28 June 2008, n. 112, with amendments, by Law 6 August 2008, n. 133, Consip S.p.A. for the facilities and services provided by these companies, and the investment costs of justice necessary to complete the computerization of the process of the civil and criminal courts The savings arising from the provisions of this paragraph shall be utilized by government primarily for investments in innovation technology.
Paragraph 516
The provision provides a process reinforced in case not proceed to purchases as provided in paragraphs 512 and 514, for reasons relating to ‘inability or unwillingness of the good or service to meet the specific requirements of the Administration or the company, or in cases of necessity and urgency. In fact, it is expected that public administrations and public companies in the list Istat may proceed with autonomous supply, without using the tools of the rationalization program of purchases (Consip) and subject aggregators, requires prior specific authorization motivated organ Administrative summit, which give evidence of the reasons for the selection, also with reference to the contingencies of necessity and / or urgency. In addition, the provision states that the procurement procedures regarding computer notwithstanding paragraphs 512 and 514 are communicated to the National Anti-Corruption Agency and Italy Digital, allowing for the necessary measures to monitor and control, also of administrative in nature.
Catch-517
It ‘expected that the non-compliance with the provisions of paragraphs 512 to 516 detected in several respects responsibility (disciplinary and state representative ).
Paragraph 518
In order to make consistent the framework legislation on technical economic fairness opinions by Agid, is scheduled for the repeal of the provision contained in paragraph 3 of Article -quinquies. 4 of the Decree Law of 6 July 2012, n. 95, where it is expected that Consip conducted the preliminary investigation for the purpose of issuing opinions Agid.
Paragraph 519
It ‘will be a provision on purchases goods and services relating to computer Constitutional Bodies, as provided by paragraph 512, for which it is established that take the appropriate measures to achieve savings targets as part of its autonomy and in the manner prescribed by its legal system.
Paragraph 520
It provides for the interoperability of information systems of the entities of the National Health Service and the homogeneity of the procurement processes in Italy. Also by agreement arranged Permanent Conference between the State, the regions and the autonomous provinces of Trento and Bolzano, and after consulting dell’AGID Consip SpA, they are defined uniform criteria for purchases of IT goods and services and connectivity by the institutions of the National Health Service.
It is expected that the Minister of Economy in consultation with the Minister of simplification and public administration to adopt the measures to implement paragraphs 279 to 287, within 90 days from ‘ entry into force of this law.
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The Internet Magazine published by Maggs Publisher and directed by ‘ lawyer. Alessandro Massari , dedicated to the legal information on public contracts and appaltistica
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