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PUBLIC CONTRACTS - PARTICIPATING IN PUBLIC TENDERS: RULES AND PROCEDURES; SUBMITTING A BID ONLINE IN RESPONSE TO A PUBLIC CALL FOR TENDER


Information provided by the Ministry of Sustainable Infrastructures and Mobility updated on 30-11-2020

 

With regard to public procurement in Italy, EU Directives 2014/24 EU and 2014/25 EU are implemented by Legislative Decree No 50 of 2016 entitled ‘Public Procurement Code’ (Codice dei contratti pubblici). Among other things, this Code regulates procedures that administrations must follow for the awarding of contracts, which are identical to those provided for in the above Directives.

 

A summary of legislative references followed by Italian law is set out below.

 

Participation in tenders: rules and procedures

 

With regard to public procurement in Italy, EU Directives 2014/24 EU and 2014/25 EU are implemented by Legislative Decree No 50/16 entitled ‘Public Procurement Code’ (Codice dei contratti pubblici). Among other things, this Code regulates procedures and specific steps that administrations must follow for the awarding of contracts, which are identical to those provided for in the above Directives.

 

References to Italian legislation are set out below

 

Different types of public procurement procedures

 

Special procedures for electronic and aggregated procurement:

 

 

Thresholds determining the application of different rules (below EU thresholds)

For contracts with an amount below the EU thresholds, Article 36 of Legislative Decree 50/2016, as amended, provides for simplified award procedures in compliance with the principle of rotating invitations and awards in order to give micro, small and medium-sized enterprises an effective opportunity to participate.

  • For awards of an amount less than EUR 40 000, by direct award (even without consulting two or more economic operators) or for direct-labour operations
  • For awards of an amount greater than or equal to EUR 40 000 and less than EUR 150 000 for works, or at EU thresholds for supplies and services, by direct award after evaluation of three estimates, where present, for works and for services and supplies, of at least five economic operators
  • For awards of works for an amount greater than or equal to EUR 150 000 and less than EUR 350 000 by means of a negotiated procedure after consulting at least 10 economic operators
  • For awards of works for an amount greater than or equal to EUR 350 000 and less than EUR 1 000 000 by means of a negotiated procedure after consulting at least 15 economic operators, where present
  • For awards of works for an amount greater than or equal to EUR 1 000 000 and up to threshold set by the EU, through open procedure

 

 

Different rules determined by the type of tender

Special rules apply to award procedures in certain sectors, as described below:

  • Catering service contracts (Article 144 of Legislative Decree 50/2016, as amended) The catering services set out in Annex IX of the Code are awarded on the basis of the best quality/price ratio. For hospital care and educational catering, the contracting entities identify the technical specifications in the tender documents aimed at ensuring service quality.

Meal vouchers are issued exclusively by joint-stock companies with paid-up share capital is of at least EUR 750 000 whose corporate purpose is to provide a canteen replacement service using meal vouchers. Economic operators active in the meal voucher issue sector based in other countries of the European Union can issue meal vouchers if authorised under legislation in their countries of origin, after notifying the Ministry of Economic Development.

  • The awarding of classified contracts (Article 162), i.e. contracts classified as secret or whose performance must be accompanied by special security measures, takes place after an informal tender procedure to which at least five economic operators meeting Code and security clearance requirements are invited.
  • The performance of emergency and civil protection works (Article 163) may be awarded directly to one or more economic operators identified by the administration.

 

Cases when a tenderer may be excluded from the tender procedure

The reasons for excluding an economic operator from participating in a tender procedure set out in Article 80 of Legislative Decree No 50/2016, as amended The requirements for EU tenderers are set out in the online register of e-Certis certificate holders, available at: https://ec.europa.eu/tools/ecertis/#/search (Article 88 of the Code).

 

 

Time frame for submission of an offer by the tenderer (from publication of the offer)

Each tender procedure has a single minimum time limit for submission of tenders, which is the same for all competitors and identical to that provided for in EU Directives.

In accordance with EU Directives, contracting entities are allowed the opportunity of further reducing minimum periods when certain conditions are met.

The following summary tables are provided for convenience.

 

OPEN PROCEDURES

Purpose of submission

Minimum time limit

Effective date

Reception of tenders

ORDINARY: 35 days

From the date on which the invitation to tender was sent.

SHORTENED: 15 days

RESTRICTED PROCEDURE

Purpose of submission

Minimum time limit

Effective date

Reception of requests for participation

ORDINARY: 30 days

SHORTENED: 15 days

From the date on which the contract notice was sent or, if a prior information notice is used, the date when the invitation to confirm interest is sent

Reception of tenders

ORDINARY: 30 days

From the date on which the invitation to tender was sent

SHORTENED: 10 days

 

REASONS FOR SHORTENING TIME LIMITS

Procedure type

Conditions

Open

-  the prior information notice contains all the information required for the contract notice referred to in Annex XIV(I)(B)(B1), provided that this is available when the prior information notice is published.

-  the prior information notice was sent for publication no less than 35 days and no more than 12 months before the date on which the contract notice was sent.

-  for reasons of urgency duly justified by the awarding authority.

Restricted

-  the prior information notice contains all the information required in Annex XIV(I)(B)(B1), provided that this is information is available when the prior information notice is published.

-  the prior information notice was sent for publication no less than 35 days and no more than 12 months before the date on which the contract notice was sent

-  for duly justified reasons of urgency

 

Time limit for submission of tenders

 

WITHOUT PRIOR INFORMATION

WITH PRIOR INFORMATION

Ordinary time limit with accessible acts

(Article 60(1) of the Code)

minimum 35 days

from the date on which the tender was sent to the OJEU

minimum 18 days.

shortened by 15 days, but under the conditions set out in Article 60(2) of the Code)

With electronic submission of tenders

(Article 60(2-bis) of the Code)

minimum 30 days

from the date on which the tender was sent to the OJEU

minimum 15 days.

shortened by 15 days, but under the conditions set out in Article 60(2) of the Code)

Urgent

(Article 60(3) of the Code)

15 days

from the date on which the contract notice was sent

 

 

 

Documents to be attached to the request by a tenderer

In order to participate in a public tender, the general requirements set out in the Public Procurement Code (Article 80) are met by filling in the European Single Procurement Document (ESPD), (Article 85). The ESPD form is available at the following link: http://www.mit.gov.it/comunicazione/news/documento-di-gara-unico-europeo-dgue

The technical, economic and professional requirements declared in the ESPD, for EU competitors, are set out in the e-Certis online register, available at: https://ec.europa.eu/tools/ecertis/#/search

 

Where public tenders are published:

 

How to submit electronic invoices

Information.

 

Procurement planning information sources

The two-year programme for the procurement of goods and services and the three-year and annual public works programme (Article 21) are published:

 

The regulations are set out in Ministry of Infrastructures and Transport Decree No 14 of 16 January 2018

 

Sources of information on the implementation of procurement procedures, including contract awards and contract performance

Information on procurement procedures, including awards, are published:

 

Contract performance information is published on the corporate websites of the contracting entities.

 

Submitting an online tender in response to a public invitation to tender

 

Information can be obtained on the platform indicated in the tender documentation obtained from the contracting entity


PUBLIC CONTRACTS REPORTING IRREGULARITIES IN RELATION TO THE TENDER PROCESS

Information.

Last update : 08/03/2021

Publish date : 30/11/2020

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