Public tenders and public contracts in Italy. The issues that large groups have to face when bidding/contracting with Italian awarding bodies

Abstract

Italian law on public procurement has recently undergone substantial modifications with the enactment of legislative decree 163 of 12 April 2006, as subsequently, in a typical Italian style, amended, lastly by means of legislative decree 113 of 31 July 2007. Decree 163 is referred to as "Codice dei contratti publici relativi a lavori, servizi, forniture" and represents an attempt to create an unique corpus, a Codex in fact, to rule any and all aspects of the public procurement in Italy, for works, services and supplies, both in the so-called ordinary sectors and in the so-called special sectors (energy, water, transportation and postal services, i.e. the sectors ruled by Directive 2004/17/CE). Unlike in the past, decree 163 (hereafter the Code) has not introduced specific modifications in specific areas. On the contrary it has created a united and homogeneous system, that came into existence upon impulse from the European Union (Directive 2004/17/CE and of Directive 2004/18/CE) and that has adapted the existing Italian rules to those coming from the EU. The Italian legislator has taken this opportunity also to cancel some obsolete or contradictory rules.