Infrastructure, Salini “Delegation Law on Public Procurement a Step Forward”

ROME (ITALPRESS) – “The adoption of the authorizing public procurement law represents an important step forward for the infrastructure sector in Italy and confirms the government’s determination for the reforms and the goals set by the PNRR. It is now important for everyone to do their part. ” This is how Pietro Salini, CEO of Webuild, commented on the news of the publication of the text of the law on proxies for public contracts in the Official Gazette no. 146 of 24 June 2022.
The delegated law sets out the fundamental principles for restarting the industry and which should inspire the legislative decrees of the Public Procurement Code reform, including: i) Obligation to revise prices. The law on authorization introduces the obligation for the contracting authorities to include in tenders, announcements and invitations a mandatory price review regime in case of occurrence of special conditions of an objective nature and unpredictable at the time of the formulation of the tender. It also stipulates that any charges arising from the aforementioned review mechanism should be applied to the available resources of the financial intervention framework and to any other resources available to the contracting authority for use in accordance with the cost accounting procedures. ii) Rationalize and simplify the reasons for exclusion, in order to make the rules of participation clear and certain. iii) Simplification of the procedures related to the phase of approval of public works projects, in order to favor the reduction and streamlining of the procedures in force today. iv) Review and simplification of the general qualifications system of economic operators, with the aim, inter alia, of enhancing production skills, technical and professional skills, adequacy of technical equipment and personnel, and compliance with legality by the operators themselves. v) Redefining the regulation of ongoing variations, within the limits set by European legislation, with the possibility of amending the contracts during the implementation phase. vi) Encourage flexible processes, such as competitive dialogue, innovation partnership, framework agreement award procedures and competitive negotiated procedures, concluding complex and long-term public procurement, in compliance with the principles of transparency and competitiveness. (vii) Extending public-private partnerships to service concessions, project financing and leasing of public and public works projects, also to make these processes attractive to professional investors, as well as to players in the public works market; and in the provision of services provided under concession; viii) Simplification and acceleration of payment methods by the contracting authorities of the contractual consideration, also reducing the administrative burden for companies. ix) Extend and strengthen alternative dispute resolution mechanisms in litigation, including in the field of contract enforcement. x) Revision of the system of guarantees for participation and execution of public contracts, providing, inter alia, the possibility of replacing the guarantees of performance of the contracts by receiving a tax withholding tax proportional to the amount of the contract at the time of payment of each progress; xi) which the contractors may resort to co-assigning the design and execution of the projects, subject to the possession of the necessary qualifications for the drafting of the projects. xii) Rationalization of the system of imposition of sanctions and rewards, in order to encourage the timely execution of public contracts, but also to expand the scope.

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