Procurement Code, businesses and local authorities are pressing for a corrective decree

Target areas: executive plan, list of subcontractors, thresholds for the most advantageous offer, integrated procurement, legality rating


06/10/2016 – The new Procurement Code has only just been introduced and operators are already thinking about corrections to solve a whole series of operational difficulties. Representatives of local authorities and businesses, who attended the hearing before the Environment Committees of the Chamber and Public Works Committee of the Senate, suggested changes for working within more certain parameters.

In general, the greatest criticism is directed towards the obligation to tender the executive plan even for small works, while almost all believe there is the need for a transitional period and the adjustment of the thresholds for the most economically advantageous offer.

The observations also concern subcontracting and the legality and business rating.

Executive plan

Finco, the Federation of Industries, Products, Plants, Services and Specialist Works for Construction, has proposed that, for a few months, the final project could be tendered with additions that make it reliable.

The Conference of Regions is of the same opinion, asking why, when using an executive plan, the criterion of the most economically advantageous offer is mandatory? According to the Conference of the Regions, this decision increases the times and costs of the tender and is not appropriate for minor works.


The Conference of Regions found it difficult to identify the list of subcontractors in the tender submission phase. What can occur, it argues, is that companies lose the eligibility requirements during the tender process. It is also not clear, the Conference of Regions points out, whether identifying the subcontractors creates a constraint that prevents collaboration with other entities. To resolve these critical issues, in the hearing it was proposed that the list of possible subcontractors be indicated at the time of signing the contract, i.e. when the company has already won the tender and must offer guarantees on its ability to complete its assignments.

Most economically advantageous offer

The Conference of Regions requested that the most economically advantageous offer be made mandatory starting from tenders for an amount of at least EUR 2 million.

The Italian National Builders’ Association (ANCE) has proposed that, up to EUR 2.5 million, automatic exclusion of anomalous offers is used applying the anti bid-rigging method.

Integrated procurement and legality rating

ANCE stressed the need for a transitional period to gradually phase out integrated procurement and save the procedures already initiated between the old and the new legislation.

For the purpose of certainty of the requirements met by the companies, building contractors also asked for the extension of the legality rating to companies with a turnover of less than EUR 2 million.

Finally, it was proposed that business ratings be structured in such a way as to to protect small and medium-sized enterprises.