Frequently Asked Questions
Question: I am an entrepreneur. What new measures are being introduced by the Semplifica Italia decree to tender for public contracts?
Reply: Current legislation governing tenders for public contracts obliges companies to produce a huge number of documents and certificates. Every company is required to perform the following formalities, among others:
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1) general formalities. These include, for example, self-certification, in which the entrepreneur declares that s/he is is not prohibited from tendering by current exclusion criteria, or must submit the Contribution Regularity Certificate (DURC);
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2) professional fitness certificates (for example, declarations of membership of professional associations);
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3) certification relating to the economic and financial capacity of service and goods suppliers;
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4) documentation on the technical and professional capacity of goods and services suppliers.
Simplify Italy" is designed to streamline the tendering procedures. Companies wishing to tender for public contracts are now required to submit their documentation once only, updating the documentation only if changes occur in the meantime. All the general, technical/organisational and economic/financial requirements will be recorded in the National Public Contracts Database which will come onstream in January 2013. Government departments and agencies may consult an electronic file containing the documentation of each company wishing to tender, and carry out checks to see whether the companies are in possession of the elegibility requirements without requesting them to submit further documentation.
This process will involve:
– The Public Contract Oversight Authority, which is responsible for laying down the terms and setting the technical rules for acquiring and updating the documents held in the databank;
– The awarding authorities, which are responsible for ascertaining possession of the eligibility requirements by the companies concerned.
Two benefits are expected to derive from these novelties. The first is financial. . Government departments and agencies can consult online to check the file on each company. It is estimated that small and medium enterprises will save an annual €140 million. The second advantage is administrative. Thanks to the new databank, the administrative management will become more effective and transparent.
Furthermore, it the following measures have been introduced for companies:
- Privacy rules: it is no longer compulsory to produce and update the "Security Programme Document" (DPS), which has now become superfluous. However, the security measures provided by current legislation remain in force. It is estimated that small and medium enterprises will save about €313 million a year;
- Amendments to the consolidated public security law:
- It is no longer necessary for "intermediaries" (in Italian, ‘sensali’) to have a police licence to operate;
- Police authorisation will no longer be for one year but for three years (in cases where current legislation does not make provision for longer validity periods);
- It is no longer necessary to notify the police when organising sports events for educational purposes.
What is the ‘sensale’and ‘intromettitore’ intermediary?
The Italian word ‘sensale’ is a professional commercial intermediary who establishes contacts and mediates between vendors and purchasers to set up, define and conclude agreements, transactions and contracts, particularly in the agricultural and animal husbandry sectors, and charter parties for maritime traffic.
The term ‘intromettitore’ is sometimes used and comes from the Arabic word meaning ‘intermediary’.
- The system of corporate oversight will be rationalised: the government can issue special repealing regulations, making provision for coordinating and scheduling inspections by government departments and agencies. This will avoid duplication and overlapping, which can hold up the regular performance of entrepreneurial activities;
- Antimafia certificates for public tenders: the decree confirms the obligation on government departments and agencies to acquire the antimafia certificates as a matter of course;
- Certification of conformance of the facilities: it is no longer necessary for companies to duplicate conformance certificates. It is estimated that for the heating facilities alone the annual savings will be in excess of €50 million.
Page updated on 11/04/2012
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