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This article was published on March 4, 2016 at 08:37 hours.
the last change is the March 4, 2016 at 9:13.
ROME – the Council of Ministers has launched yesterday the legislative decree reforming the procurement code and transposing the EU directives 23, 24 and 25 of 2014 on concessions, contracts in the ordinary and special sectors sectors. The measure must return to the Council of Ministers, after the advice of the State Council, the State-Regions Conference and two opinions of the competent parliamentary committees, by 18 April. The most important innovation of the last step is the reduction of one million euro to 150 thousand euro of the tender threshold below which businesses are not required to have the SOA certification for participation.
It is the pressing demand he had done in the last hours the president of Ance, Claudio De Albertis. With the amendment, in essence, it returns to a generalized system of centralized qualification for companies and gives a drastic cut to the discretion that they would have in one race each contracting, defining themselves criteria for admission to the race. A system that could introduce serious inequalities.
The Minister of Infrastructure, Graziano Delrio, described the measure after the Council of Ministers, stressing especially as the extreme simplification that he had wanted to tear down the enabling act now the number of articles from 660 of the old system more general regulation code to 217 of the new code will have no general regulation. The shift to soft law, entrusted at first launched in guidelines by the Ministry of Infrastructure of anti-corruption Authority’s proposal led by Raffaele Cantone, is definitely the biggest impact revolution among the new system lintels. “Simplification, anti-corruption, transparency and quality are the key words of the measure,” said Delrio. The theme of the new rules was not, however, touched by the prime minister, who in the days had wrought much on the need to finish the unfinished and yesterday returned instead to reiterate what I said two months ago on the bridge over the Strait: it would be useful to do so, but you must first complete works such as the Salerno-Reggio Calabria and the high speed to the South. A goal that is certainly not what the coming months.
The other rule of the Code reformed procurement on which the higher voltage is concentrated in the last few hours is that subcontracting. Here, too, there were the demands of Ance, that pressed to restrict direct payments to subcontractors of contracting, but there were also requests the superspecialistiche companies that complained about the disappearance of any roof to subcontracting, with the paradox that the manufacturer main -appaltatore could have taken the work and subcontract very large units of equipment and specialized works of high technological level without having to set up an association with the specialist firm temporary. Strong the risk of a destructuring the market also for businesses, such as those of superspecialistiche activities, which often have high levels of technological capacity. Altogether more balanced the new solution. Remains the liberalization of subcontracting with the elimination of the ordinary roof of the 30% required by current legislation (harsh criticism came from the unions and the rapporteur of the enabling law in the Senate and “noble father” of the law, the pd Stefano Esposito, has already He said he would ask the parliamentary changes in opinion).
In the end, however, he has found a compromise for superspecialistiche works and high-tech: just for these activities has been introduced a ceiling of 30%.
In the face of the liberalization the government wanted to introduce greater vigilanza.Per procurement above the EU thresholds will be compulsory to indicate within the range of a set of sub-contractors, but only if the notices or notices sent him provide expressly. Even below the threshold, contracting authorities may require in the contract notice the indication during the bidding of the triad. Limited cases of direct payment of the subcontractor by the contracting authority, but subcontractors can still ask. The main contractor remains solely liable towards the contracting authority.
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