It ‘been approved approved today March 3, in the Council of Ministers on New Procurement Code .
It ended with the okay of the CDM discussions started at 10 am text has so grossed first approval , then follow the State Council’s opinions, the Joint Conference and the relevant parliamentary Committees.
NEW CONTRACT CODE: NEW DELAYS?
With the approval of the CDM today the New procurement Code , in fact, considering further steps technical addition to those mentioned above, prior to the Official Gazette, has already exceeded the limit.
the Parliament, therefore, will be called to work overtime to prevent the risks of non-text be approved definitely before the deadline , or April 18 next.
CONTRACT CODE: LATEST NEWS ‘?
our Editors below the concise guide to the main news that will be introduced by the CDM:
1) CENTRAL ROLE ALL ‘ ANAC
the key role in the Anac new procurement system is the most important innovation of the reform that the Government is ready to fire. The obligation to manage all databases on the field (except for the Avcpass slipping at MIT) and the definition of the necessary guidelines to implement the new code, the new features that the Authority assigns code are many, primarily to dress definitely the organ shoes of regulating the industry.
2) REPEALS
the code will apply from its entry into force, then on April 18 going to take the place of the old Legislative Decree n. 163/2006, the Procurement Regulation (DPR n. 207/2010), but also of all the different rules approved in recent years that are going to change the rules on public procurement.
3) HIGHWAYS
with regard to concessions that at the time of entry into force of the new Code, have expired, the grantor proceeds to prepare the tender for the award of the concession. The outgoing concession remains obligated to continue the ordinary exercise of the work entrusted to administrative concession.
Instead, with respect to the concessions due to expire within 24 months, the grantor must start with should advance the process for locate the replacement concessionaire, through a public tender. The grantor, at least one year before the expiry date of the concession, implements, during discussions with the dealer, all necessary to determine the technical infrastructure status.
4) AVCPASS THE MINISTRY
the documentation proving the possession of general, technical and professional, economic and financial requirements to participate in tenders will have to be acquired only by through the Avcpass, as now happens.
This database, however, will be transferred to the Ministry of Infrastructure and renamed “national bank of traders.”
5) pooling
the economic operator, individual or group, has ability to satisfy the request regarding the possession of the requirements of economic, financial, technical and professional, needed to participate in a bidding process, “relying on the capacities of other entities, also participants in the group, regardless of the legal nature of its links with them. “
However, the novelty is that the contracting station tests whether the subjects on which the economic operator intends to rely capacity can to satisfy “the relevant selection criteria or whether there are grounds for exclusion.” Where there are obstacles, the company is not excluded from the race, being able to “replace those that do not meet a relevant criterion for selection or for which there are mandatory grounds for exclusion.”
6) BUILDING INFORMATION MODELING – BIM After
in early drafts had been prescribed the obligation to use the Bim, it has now been established that from 6 months after entry into force of the decree contracting authorities may request the use of BIM for new works and services above the EU threshold, so switching to a faculty. These tools will have to use open platforms in order not to limit the market.
7) DIRECTOR’S CABIN
confirmed one of the most important news of the past weeks: it is in fact plans to set up a control room at the Presidency of the Council of Ministers with the task to carry out a survey on the state of implementation of the decree in the application phase, to examine proposals for regulatory changes, to promote the implementation of a national plan of telematic purchasing procedures. More will promote agreements, memoranda of understanding, agreements, also with private organizations to facilitate the bankability of public works.
8) OF PURCHASING POWER PLANTS
contracting authorities may proceed autonomously for services under 40 thousand euro and for works under 150 thousand euro. Above this threshold, they will gain a qualification that will allow him to make the races: the Anac will keep its list. The qualification will be achieved in relation to the complexity of the procedures to manage. Alternatively, they must refer to a central purchasing body or a union of municipalities qualified as a central purchasing body.
9) CERTIFICATION OF CONTRACTING STATIONS
for the first time the text of Article 38 makes clear what requirements will be built the “certification” system Anac for contracting authorities. Four “basic requirements”: stable organizational structures, presence of employees with specific skills, training systems, and update, the number of races held over the three years.
5 the “requirements rewarding”: implementation of measures prevention of corruption risks, management systems as offices and a tender procedure, telematics technologies in the management of tenders, application of environmental and social sustainability criteria.
10) CONFLICT oF INTEREST
Another novelty: it has a conflict of interest when “the staff of a contracting authority or a service provider who, also on behalf of the contracting authority, involved in carrying out the procurement procedure procurement and concessions, or may affect, in any way, the result, has, directly or indirectly, a financial, economic or other personal interest that may be perceived as a threat to his impartiality and independence in the context of the procurement procedure or concession. “
11) dESIGN CONTESTS
in the design contest relating to the public works sector” you are required only with level projects or plans depth equal to that of a plan of technical and economic feasibility “, that is final.
12) gENERAL cONTRACTOR
Through the contract of custody unit having a general contractor,” the contracting authority entrusts to a person with appropriate experience and qualifications in the construction of works as well as relevant organizational capacity, technical and financial realization and the realization of the work by any means, in compliance with the requirements specified in the draft drawn up by the contracting entity and place a tender basis for a price paid in whole or in part after the completion of the work. “
in the public works contracts awarded by the general contractor formula is prohibited assigning duties of responsible one of the proceedings or the project manager at the same general contractor or an affiliated entity.
13) aWARD CRITERIA
the decree states that in public procurement contracts or concessions, the guiding criterion is the most economically advantageous tender. The evaluation of tenders from a technical point of view will have to be entrusted to a jury, composed of experts included in the albo to be set up at the Anac.
With regard to the design tasks you can only use the ‘most economically advantageous offer.
14) cRITERIA reward
during the bid evaluation can be provided to businesses reward criteria, regarding the evaluation of ‘offer in relation to the higher credit rating of the offeror legality, as well as in relation to goods, works, services that have less impact on the safety and health of workers and the environment and to facilitate participation in procurement procedures for micro-enterprises, small and medium-sized enterprises, for young professionals and for start-ups.
15) dEFINITION oF DISPUTES
Among the solutions to the definition of alternative dispute to judicial protection is the amicable agreement, the Advisory technical College, transaction, arbitration, the arbitration Chamber Anac, and especially those of the pre-litigation Anac. At the initiative of the contracting authority or an undertaking, the Anac give an opinion on issues arising during the course of the tender procedures. The opinion will not always be binding, but only the parties agree.
16) DEBATE
The public debate becomes mandatory for large infrastructure projects having an impact relevant on the environment, town and land use planning, “identified by type and size thresholds by decree of MIT, at the proposal of the Board of public works.” The opinion which can be reached (non-binding) will be evaluated at the final design definition.
17) SINGLE EUROPEAN CONTRACT DOCUMENT
All ‘use of the single European competition for participation in the tender document is a separate article. At the time of submission of applications for participation in contracts, contracting authorities must accept the single document, to make life easier for businesses. By 18 April 2018 the document will have to be provided via electronic and consist exclusively “in a self-date as documentary evidence.”
18) RACES ELECTRONIC
in the field of electronic games, it is determined that contracting authorities resort to tendering procedures managed entirely with telematics systems and that the use of these “systems must not impair their equal access to operators or prevent, restrict or distort competition or otherwise modify the object of the contract, as defined by the tender documentation. ” For this forecast, however, are not mentioned terms or penalties.
19) WORK IN HOUSE OF DEALERS
the In house is reproduced in substance the formula included in the delegation. Public or private licensees, holders of concessions for works or existing public services or new award is obliged to entrust a share of 80% of the works, services and supplies contracts by tender. What remains will be left in house. They are excluded from this requirement existing concessions or new award entrusted with the project finance formula and existing concessions or new award entrusted with the project finance formula or by public procurement procedures to public evidence, “according to the law of the European Union. “
20) EMPLOYEE iNCENTIVE 2% PA
Change the name of two per cent, the incentive for the design of public employees. Will be dedicated only to the activities of “expenditure planning, preparedness, control and completion of procedures for contracting and procurement, the only manager of the proceedings, supervision of works or the execution of administrative management and technical inspection or verification of compliance, static test driver. ” So, to design the PA will have to contact the outside.
21) OBJECTIVE LAW
The objective of the law (n. 443 of 2001) is expressly repealed by the principle is that we must proceed through the ordinary rules and not with the special law of 2001.
22) GUIDELINES FOR tHE RACES ELECTRONIC
within one year from the date of entry into force of the decree, Consip, subjects aggregators and central purchasing bodies shall review the framework agreements, conventions and procurement procedures used, “in order to improve the quality of supply and reduce costs and completion times of the races, also promoting a system of patronage networks aimed at determining the wider use in procedures for the type of electronic credit and the effective participation of micro, small and medium enterprises. “
23) LOTS
To encourage the involvement of micro, small and medium enterprises, contracting authorities should, wherever possible and economically and technically convenient, to divide contracts into functional lots. Contracting authorities motivate the failure to win the division into lots in the contract notice or in the invitation letter. In the case of division into lots, its value must be adjusted to ensure the effective possibility of participation by micro, small and medium enterprises. And ‘forbidden the awarding entities to award by the artificial combination of contracts.
24) DIRECT PAYMENTS
If the nature of the contract so allows it is compulsory for the contracting authority to proceed with the direct payment of the subcontractors, increasingly, in the case of micro and small enterprises, and, for the other, if non-performance by the contractor or in the case of sub-request contractor. The direct payment is still subject to the verification of regular contributions and salary of the employees of the subcontractor.
25) PARTNERSHIPS FOR INNOVATION
Born partnerships for innovation. Contracting authorities and entities may appeal to innovation partnerships in cases where the need to develop products, services or innovative works and then buy supplies, services or works shall not, on the basis of a reasoned determination, be satisfied using solutions already available on the market.
26) pRICE mORE ‘LOW
It can be used as the criteria of price low for the amount of work equal to or less than one million euro, “considering that the compliance with the quality requirements is guaranteed by the requirement that the tender procedure takes place on the basis of the detailed design”, as well as for services and supplies amounting to less than the EU threshold, characterized by high repeatability, except for those of high technological content or that have an innovative character.
27) PROGRAMMING
contracting authorities and entities shall adopt the two-year program of purchases of goods and services and the three-year program of public works, as well as annual updates. The programs are approved in accordance with the planning documents, and in line with the budget.
28) RATING REPUTATIONAL
The main changes were announced during writing of the enabling law is an assessment system based on the company’s curriculum. E ‘it sets up within the Authority, which handles the management, and take the form of “a system of penalties and incentives against companies connected to reputational criteria assessed” on the basis of objective and measurable parameters as well as of the definitive findings relating to the on time and cost performance of contracts entrusted to them.
29) FLEXIBLE ADJUSTMENT
in order to ensure the immediate consultation and divided by the field of flexible regulatory instruments adopted by ANAC, this public, the relevant measures in a manner that made immediately accessible to contracting authorities and economic operators with the rules applicable to each case.
30) REQUIREMENTS ACCESS tO RACE
the new rules seem to make life more difficult for economic operators. What comes out is a system that relies enormous powers of audit to public administrations. Contracting authorities exclude at any time from participation in procurement or subcontracting entities definitively convicted of certain offenses: participation in a criminal organization, corruption, fraud, terrorist crimes, money laundering, child labor. Viewfinder also serious violations, definitely ascertained, tax or social security contributions.
Other factors have weight too, such as: compliance with environmental obligations specified in the Code, failure or activation a procedure of insolvency or liquidation, excluding agreed with continuity.
So far the rules reproduce, in essence, the system already in place. The government, however, cashing several new prerogatives. The contracting authority can prove that the company was guilty of serious professional misconduct or significant deficiencies in a previous contract, which has concluded agreements and put in place practices to distort competition, which attempted to influence an award, who is in a conflict of interest.
the PA will measure the company’s conduct and his resume: those who caused, with its deficiencies at run time, the early termination of a contract may be blocked.
31) oPERATIONAL rISK
the concessionaire assumes the operating risk in the event that, under normal operating conditions, it is not guaranteed recoup the investments made or the costs incurred for the management of jobs or the subject of the concession services.
the part of the risk transferred to the concessionaire must involve a real exposure to market fluctuations “such that any potential loss estimated suffered by the dealer is not purely nominal or negligible “. So, stop the out of business concessions.
32) RESPONSIBLE ONLY THE PROCEDURE – ORs
The only manager of the proceedings – Rup, “must be an employee role and own a related appropriate academic degree and expertise with the tasks for which he is appointed. ” For work and services related to engineering and architecture “should be an engineer.” For contracting authorities to be an employee in service.
33) PENALTIES FOR THOSE WHO DO NOT COMPLAINT
Anak must provide for administrative sanctions in cases of failure or delay in mandatory reporting of extortion and corrupt demands by businesses to public contracts holders, including subcontractors and suppliers of materials, works and services.
34) SOA
It remains one of the still open issues: up to the version circulated a few days ago, those performers of any kind of public works for amounts equal to or greater than one million euro are qualified “according to the system one qualification implemented by private certification bodies specifically authorized by ANAC. “
Now, according to the updated version it is the Soa to make the qualification, so staying alive. But the threshold at which Mr rooms, from the current 150 thousand to one million euro. Another version of the text leaves alive by 150 thousand euro threshold. The node will be dissolved at the last.
35) AID INVESTIGATION
The order provides that the absence, incompleteness and any other essential irregularities of elements of the single European tender document, “with the exception of those relating to the offer technical and economic”, obliges the competitor who has given you due to pay in favor of the contracting authority, the financial penalty set by the contract notice, in no less than one per thousand and not more than one per cent of the value of the race and in any case not more than 25 thousand euro, “the payment of which is guaranteed by the provisional security.”
36 ) bELOW THRESHOLD
for the amount of loans that are greater than or equal to 40 thousand euro and less than 150 thousand euro for works or for supplies and services you can proceed with a negotiated procedure “after consultation , if any, of at least five economic operators identified on the basis of market surveys or through lists of economic operators, in accordance with a criterion of invitations rotation. “
Between 150 thousand and one million euro will be possible private negotiation, consulting before at least 10 workers.
37) SUB
With regard to subcontracting, it is established that, when the contracting authority so provide, will mentioned upstream three subcontractors for each category of works to subaffidare. The main contractor will have to undertake to ensure the absence of grounds for exclusion and to replace the companies do not meet the qualification requirements.
This prevents subcontracting becomes a jungle devoid of checks and trying to harness it within precise boundaries.
NEW CONTRACT CODE: HERE ARE tHE ISSUES DISCUSSED TODAY iN CDM
main issues that have been the focus of today’s discussion in the CDM , are:
– the rules for the subthreshold;
– new powers of ANAC – Authorities national Anti-Corruption;
– the business qualification;
– the centralized purchasing;
– the definition of operational risk as part of the project financing.
Follow the live Videoconference on procurement Code:
Monday, March 14, 2016 – from 10.00 to 12.00
the new public procurement code and contracts granting
Before analyzing the text approved by the Council of Ministers March 3, 2016
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