15 Apr Public Procurement 5 things to know
1) What is the public procurement?
It is a contract for pecuniary interest stipulated in writing between one or more economic operators and one or more contracting authorities having as the object the execution of the works, the supply of products or the provision of services.
The contract is for both design and execution, in this last case we speak of an integrated contract. Public supply contracts are public contracts having as their object the purchase, the financial leasing.
Public service contracts are those whose object is the provision of the services referred to in the annex of Legislative Decree 163/2006.
3) Importance of tenders.
The tenders allow public management of the territory, based on respect for transparency, competition and meritocracy among the various participating economic operators.
4) Admission requirements.
Companies that have the requisite admission requirements participate in the selection to perform supplies or works of public interest with the characteristics indicated in the public announcement.
The winner of the tender (whose offer is in line with the award requirements) will be able to sign the contract and take care of the execution of the contract.
The calls for tenders are prepared by the Contracting Authorities on the basis of models approved by the Authority after consulting the Ministry of Infrastructures and Transport, having heard the professional categories concerned.
The main requirements for taking part in a call for tenders are economic and financial capacity and professional technical capacity.
The announcement can be organized by public bodies (local authorities, governments, the European Union and international organizations).
The administration evaluates and determines the best offer and provides for the signing of the contract and the start of the execution.
The awarding of a public contract takes place in relation to the lowest price or according to the most economically advantageous tender.
The verification of these requirements is up to specific claims companies.
NEW PROCUREMENT CODE
ENTRY INTO FORCE. With regard to Public Procurement, the New Procurement Code (Legislative Decree 56/2017), which entered into force in May 2017, introduces Green Public Procurement (the so-called “green purchasing”).
INTRODUCED NEWS. The novelty introduced by the legislative decree is fundamental: the Public Administrations will be obliged to adopt the “minimum environmental criteria (Cam)” approved by the Ministry of the Environment which sets the national objectives, the environmental impacts and the expenditure volumes on which to define these criteria.
The Ministry of the Environment has already adopted the “Minimum Environmental Criteria” for some products and services, such as furniture, catering, services and cleaning products, computers, printers, public lighting, construction and maintenance of buildings.
Companies are interested in qualifying their sustainable product in the public procurement market according to the recent rules of the Procurement Code.
Companies wishing to participate in tenders are looking for products that meet the technical requirements.
The fulfilment of technical, performance or environmental requirements is ascertained by the contracting authority.
The definition of public procurement and its use can be found at this address: www.sbilanciamoci.info/cosa-serve-public-procurement