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In brief

On 1 January 2024, the provisions of the new Public Contracts Code on the digitization of public procurement laid down in Article 22 ‘National Digital Procurement Ecosystem (e-procurement)‘ will come into force. The aim is to ensure maximum transparency, speed and a high level of simplification in the award and management of these contracts, with the aim of increasing the efficiency of the system and ensuring greater effectiveness of administrative action.


Key takeaways

The main innovation as of 1 January 2024 concerns the management of public tenders, for which the use of ‘certified’ digital platforms becomes mandatory, not only for the awarding phase, but also for all the other phases of the contract lifecycle, and in particular execution. With regard to the economic operators participating in tenders, thanks to the interoperability of all the components of the system, the virtual file of the economic operator (Fascicolo virtuale dell’operatore economico) will be available, which is necessary for verifying the possession of the requirements for participating in public tenders and the absence of causes for exclusion, and which will be periodically updated by the certifying bodies.

In this new set-up, ANAC plays a key role as the exclusive owner of the National Public Contracts Database, which makes available, by means of interoperability, the services and information necessary to carry out the stages of the entire life cycle of public contracts. The same database also integrates with the single transparency platform established at ANAC.

Author

Roberto Cursano has been a lawyer in Baker McKenzie since September 2007. He focuses on healthcare law and compliance, and assists in tender procedures, the negotiation of public contracts and litigation before administrative courts. Mr. Cursano is a former administrative officer in the Italian Ministry of Health and helps clients work closely with the Italian Public Administration. He is admitted to the bar before the Italian Supreme Court and the Council of State. As well as training and tutoring in the master’s degree program on clinical trials of pharmaceutical products at the University of Rome Sapienza, Mr. Cursano regularly publishes articles and scientific contributions. He also frequently hosts and participates in seminars and presentations on pharmaceutical and administrative law matters.

Author

Riccardo Ovidi is an Associate in Baker McKenzie Rome office.

Author

Francesca R. Baratta is an Associate in Baker McKenzie Rome office.