In the field service

The subject of public contracts constitutes an area in constant evolution, characterized by the succession of amendments to the current Code on the subject (Legislative Decree No. 50/2016), also in terms of implementation, as well as by jurisprudential changes that cause interpretative and application difficulties forerunners of disputes.

Twenty years of experience gained in public realities operating in multiple sectors, ordinary and special (transport, energy, water, etc.) highlighted shortcomings:

• In the planning of needs, resulting in the improper use of extensions;
• In the design of individual procedures, such as the provision of non-proportionate participation requirements and technical-qualitative evaluation criteria of offers with duplication of items, adoption of mathematical evaluation formulas not relevant to the specific case;
• In the procedural management of emergencies, also by suitably justified early execution of the contract;
• In the use of tools to modify the contract in progress, in violation of the regularity parameters;
• In the distinction between complementary and supplementary benefits;
• In the application of the functional equivalence cause;
• In the preparation of contractual clauses not adequate to the needs of the contracting authorities (eg: penalties for delay and non-fulfillment, omitted or incorrectly articulated, etc.;
• In the management of the phase of exclusion of operators or offers due to uncertainties fur to jurisprudential conflicts;
• In the verbal motivation, often not exhaustive, accompanying the numerical score;
• In the verification of the anomaly of the offer, in the evaluation of “standardized” explanations detached from a specific case, predicting a large part of the dispute;
• In carrying out the checks for regular fulfillment of the contract, both in progress and final.

In this context, it becomes strategic to offer an innovative service “in the field”, in which the professional, acknowledging the needs to be translated into usefully achievable results, support the process managers and assistants, enhancing their professional contribution and contribution to the problem-solving.

The goal is to ensure dialectical reflection, timeliness of decisions, prevention of disputes, fueling the enthusiasm and empowerment of the staff so that they progressively contribute, independently and within the limits of their function, to strategic choices in setting up ad managing procedures, paying particular attention to training, through regulatory, jurisprudential updating, and practical-applicative orientation.

The service is inspired, especially, by the following principles:

• Speed in defining issues (during the requested day);
• Simplification of the procedural models below the threshold (ex. Guidelines for the uniform regulation of procedures for direct awarding, also for exclusive technical reasons, modulating the application of the rotation principle to make it more consistent with the needs of the contracting authority);
• Redetermination of tender schemes and models (integrating the indications of the A.N.A.C. with clear technical rules for access and use of telematics platforms;
• Adoption of innovative contractual models (eg. Sponsorships, availability contracts, administrative barter, sale of proprieties in exchange for works, etc.);
• Outlining a preventive regime of changes to be made to the contracts awarded to avoid recourse to the variant subject to A.N.A.C. control;
• Use of methodologies to verify the regular execution checks aimed at simplification, speed, and legality;
• Definition of the transitional regime pending the expected issue of the single implementing regulation;
• h. The proposition of methodologies aimed at overcoming the criticality’s identified in the reference context.