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This article was published April 20, 2016 at 6:28.
Take the number 50 and the date of April 18, 2016 the new Code of public contracts for works, services and supplies. After final approval by the government last Friday, completed at the latest audits record time (the “bollinatura” of Accountancy Monday and the signature of the Head of State yesterday), the legislative decree of reform was published yesterday evening Official Gazette no. 91.
It takes off, as well, the reform simplifies the system, makes the central role Anac and introduces some strategic innovations, such as the qualification of contracting and rating of companies in a structural way. Now, however, the real risk is that, with the new measure, take an impasse form of the public procurement system, at least for the next few months.
The reason is hidden in the poisonous tail of the decree: “This Code shall enter into force on the day of its publication in the Official Journal.” So, the text since yesterday has the force of law. The Government, ie, chosen not provide either for the usual step of vacatio legis of 15 days, nor a longer transition period, to enable operators to catch up with the new requirements.
But now we start to skyrocket: already this morning Pa and companies must use new rules, and notices published today must be built with the new Code. Preparing new tenders, however, already requires weeks of work normally. The phase of adaptation to the new rules will certainly require an even longer gestation. At this, then, must be added the elements of uncertainty arising from the fact that the Decree No. 50/2016 refers many important news to more than forty enforcement measures, to be approved in the coming months. The block risk seems, in short, concrete.
One of the most significant changes effective immediately is the integrated procurement ban in public works (design + works). In the Old Code contracting authorities were free, and some “” integrated contract abuse led disputes in post-race design. The enabling law has therefore asked to limit it to cases where the relevant work-tech, and the final text did still more: the work competitions will have to do more of the executive project.
An integrated procurement absolute prohibition that is disorienting contracting authorities, so much so that in recent days there has been a rush to publish integrated procurement, before the reform. Only in the last three useful days (15, 18 and 19 April), they were published 15 calls to suprathreshold integrated contract, in the amount of 235 million euro. Almost certain, now stalled, to “digest” the news and bring projects to the stage of the executive.
Stroke to also calls on the lowest bidder, the award criteria before free, and that from today it becomes possible only up to one million Euros (above will be mandatory price-quality rating). In recent weeks the Anas has published 33 races for extraordinary maintenance framework agreements, including 21 for the Salerno-Reggio Calabria, for a total value of 256 million euro. Here too we can expect a phase of adaptation, especially for setting new quality criteria of the offers in routine jobs. “”
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