Procurement Code, “one year postponement”

Procurement Code, “one year postponement”

«In the introduction, we express our appreciation for a fundamental choice: to precede the articulation of the institutes by a framework of principles and restore to the Code the function of an instrument for the acquisition of goods and services in the market, overcoming the heterogeneities dictated by purposes such as combating to “phenomena of illegality or corruption, in themselves fully acceptable, but which do not find a solution in public procurement rules”.

These were the statements made by the general director of Confindustria, Francesca Mariotti, during a hearing in the Chamber on the bill for the new procurement code. «On the merits, we consider it opportune, first of all, to point out that service and supply contracts assume, in this context, an extremely significant importance in the national economy» he continued – «both for their economic value and for the strategic importance for the operation of public administration and its activity of acting also in favor of companies”.

Considering that the reform aims to restore clarity of language to the provisions of the code, underlines Mariotti, “we believe it is necessary to intervene here so that public contracts relating to services and supplies have their own specificity and reference in the law and in simplification.
In this sense, it would be useful to start at least a job of separating applications between completely different sectors whose regulatory effects can be very different and even create real application problems in some cases».

According to the manager, it would be opportune to postpone the entry into force of the Code, scheduled for 31/03/2023, negotiated with the European institutions to allow all operators to become aware of the innovations and «avoid a shock regulatory framework, an excessive discontinuity in relation to the Pnrr, at the time of its maximum implementation, which would risk slowing down, if not preventing the execution of the works”.

On the occasion, the director of the association of industrialists stated that article 108 deserves a specific study, which introduces some significant changes to the extent that they can open, with a view to saving public expenses (as provided for in the cardinal principles of this new Code ) a race to the bottom of the well as a structuring element of purchases: «the disappearance of the maximum limit for awarding the economic grade within the fixed limit of 30% runs the risk of opening up awards based exclusively on the price component because the dynamism and the criterion that the technical report of the article points out, it is applicable in the summary but in practice we will go towards a significant reduction of the qualitative element» he clarified. With regard to services and supplies, including engineering and architecture services, Confindustria proposes to “reduce the threshold of 140,000 euros, raising it to 80,000 euros for better transparency of the contracts”.

Source: IL Tempo