The text of the new procurement code: here’s how it changes Corriere.it

On Tuesday 28 March 2023, the Council of Ministers definitively approved the legislative decree containing the new Code of public contracts, in implementation of the delegation given to the government with law 78 z of 21 June 2022.

The new procurement code consists of 229 articles and 36 annexes. The text was finalized, from a technical point of view, by the Council of State. The approval of the code is one of the objectives set by the Pnrr by 31 March. Deregulation and speeding up of procedures are the guiding criteria of the reform.

From the January 1, 2024 expected the digitization of contractswith the creation of a database and an interconnected system between all subjects and contracting authorities that manage public works.

Calls for tenders only above the threshold of 5.3 million

The new procurement code provides for i public tenders only for jobs above the threshold of 5.3 million euros established by European regulations.

For service supply contracts up to 140 thousand euros and for the construction of works up to 150 thousand euros the procedure indicated is that of direct assignment.

Above these amounts, however, the negotiated procedure starts without a tender, but with five companies invited, in the case of contracts up to one million euros, and with ten companies invited for works between 1 and 5.3 million euros.

Furthermore, the qualified contracting stations will be able to resort to the integrated tender which entrusts the design and execution of the works to a single subject on the basis of a technical-economic feasibility project.

Chain subcontracting possible.

Price review mechanism

a new price revision mechanism has been envisaged, after the provisional ones experienced during the pandemic. It will scatter when the cost increase of the work exceeds the 5% of the total amount stipulated in the contract. In this case the prices will be adjusted not 100% but all‘80%. In theory, the variation should also take place in the event of a drop in prices. Reference is made to the Istat indices referring to the construction costs for carrying out the works.

While for contracts for the supply of goods and services, the reference parameters will be the indexes of consumer prices, of the production prices of industry and services and the indexes of contractual hourly wages, again calculated by the national statistical institute.