(Tiper Stock Exchange) – News of the day the ok in CdM to the reform of the procurement code. Satisfaction expressed by Minister Salvini: “The best battle against corruption and malfeasance that there can be, the shorter the process, the fewer offices you have to go through, the faster the contract is, the more difficult it is for the corrupt to meet the corruptor. The new Procurement Code helps small municipalities, halve the guarantees asked of businesses,” he said at the press conference he spoke of “important step, calling it “the most important initiative in 55 days since we swore in. This new code will have to cut bureaucracy, waste, offer more work, meet SMEs, allow construction sites to be opened more quickly. And it will create jobs Work”.
The reform of the procurement code, approved today in preliminary examination by the Council of Ministers with a legislative decree implementing the enabling law “it will apply to all new proceedings starting from 1 April 2023 when the previous Code is expected to be repealed (Legislative Decree No. 50 of 18 April 2016) and the application of the new rules also to all proceedings already in progress”. This is what the Palazzo Chigi press release reports.
Integrated procurement, rules to stabilize award procedures below the European threshold, introduction of the ‘general contractor’: these are the main innovations introduced in the reform of the procurement code, with a legislative decree in implementation of the enabling law approved today by the Council of Ministers in preliminary examination. In particular, the press release explains, the possibility of integrated tendering is reintroduced for works without the prohibitions envisaged by the old Code. The contract may therefore have as its object the executive design and execution of the works on the basis of an approved technical-economic feasibility project. Contracts for ordinary maintenance works are excluded. With this provision, as explained by the Minister of Infrastructure and Transport, Matteo Salvini, small and medium-sized Municipalities are supported which often do not have the planning capacity of larger Municipalities.
The legislative decree also contains measures to stabilize awarding procedures below the European threshold. In essence, the thresholds envisaged for direct awarding and for negotiated procedures in the so-called “COVID-19 simplifications” decree (Decree-Law No. 76 of 16 July 2020) are permanently adopted. Exceptions are foreseen, with the application of the ordinary procedures envisaged for the above-threshold, for the awarding of contracts that present certain cross-border interest. The principle of rotation is established according to which, in the event of a negotiated procedure, it is forbidden to proceed directly with the award of a contract to the outgoing contractor. In all sub-threshold contract assignments, dilatory terms are excluded, both of a procedural and procedural nature. Another important change concerns the reintroduction of the figure of the “general contractor”, canceled with the old Code.
With this type of contract, the economic operator “is required to pursue an administrative result through the professional and specialist services envisaged, in exchange for a consideration determined in relation to the result obtained and the activity normally necessary to obtain it”. The activity also of a public nature by the general contractor (for example that of expropriation of the areas) allows to recognize in the institute one of the main application manifestations of the collaboration between the public administration and private operators in carrying out activities of general interest .
In the reform of the procurement code, approved in preliminary examination by the Council of Ministers, the obligation to insert price revision clauses is confirmed in the event of a change in the cost exceeding the threshold 5 percent, with recognition in favor of the company of 80 percent of the higher cost.