News
A Corrective Decree to the new Public Procurement Code to be approved: amendments to subcontracting
- 20/02/2017
After almost a year since the entry into force of Legislative Decree no. 50/2016, so-called new Public Procurement Code, the Italian Government has decided to adopt some corrective and supplementary provisions, in accordance with article 1, paragraph 8, of Law 28th January 2016, no. 11.
On 9th February, the Council of Ministers has examined the first draft of a Corrective Decree to the Public Procurement Code of 2016. It should amend 84 articles out of 220. In particular, it would introduce some major modifications as regards subcontracting.
Such draft provides that as to works contracts the threshold of 30% of subcontracting only refers to the so-called prevailing category (as already provided for by Legislative Decree no. 163 of 2006). Instead, for services and supplies, the said threshold still refers to the whole amount of the contract.
Amendments also concern the indication of three subcontractors, not to be done when submitting a tender, but before signing the contract. Therefore, the three subcontractors will be indicated only by the contractor.
The final approval of the Decree is due within one year since the entry into force of the new Public Procurement Code, that is within 16th April 2017.
NEWS
The Council of State reaffirms some principles in the field of public procurement
02/05/2024The Council of State, Section V, in its judgment of 12 February 2024, no. 1372, rendered on the subject of tender contracts, ruled that the instrument of "soccorso istruttorio" cannot be used to re...
The Contracting Authority enjoys wide discretion in the evaluation of technical offers
18/04/2024The Council of State, section V, in its judgement of 27 February 2024, no. 1911, rendered on the subject of tenders, reaffirmed that "the evaluation of the tenders and, likewise, the awarding of sc...
- 15/04/2024
The Court of Cassation, in its judgement of 20 March 2024, no. 7329, rendered in banking matters, ruled that "in bank account agreements, the statement of account balance has evidentiary effectiven...
