The new Legislative Decree No. 36 of 31 March 2023 introduces important novelties and provisions for the regulation of public contract in Italy, known as the ‘Public Contract Code’. The decree replaces previous regulations and aims to improve efficiency, transparency and legality in public contract procedures.

The advice service on the application of the Public Contract Code is designed to help companies and public administrations to understand and correctly apply the new provisions, ensuring compliance and optimisation of procurement processes.

Objectives

1. Regulatory Compliance: Ensure that the company or public administration complies with all the provisions of the new Public Contract Code.
2. Operational Efficiency: Optimise procurement management processes to improve their effectiveness and transparency.
3. Transparency and Legality: Promote transparent and legally compliant procurement practices to prevent corruption and other unlawful behaviour.
4. Risk Reduction: Minimise the legal and operational risks associated with public procurement management.

Modalities

1. Preliminary Assessment:
   • Assessment of Current Practices: Analysis of current pubblic contract management practices to identify areas of non-compliance with the new decree
   • Mapping of Regulatory Changes: Identification of the main changes introduced by the new Public Contract Code and their implications for the organisation.
2. Development of Policies and Procedures:
   • Updating of Corporate Policies: Review and updating of internal policies to comply with the new provisions.
   • Development of Operational Procedures: Implementation of operational procedures to ensure ongoing compliance with the decree.
3. Training and Awareness Raising:
   • Training Programmes: Design and implementation of training programmes for personnel involved in procurement management on the new regulatory provisions and compliance best practices.
   • Awareness Campaigns: Internal campaigns to raise staff awareness of the importance of regulatory compliance and the changes introduced by the decree.
4. Operational Support:
   • Assistance in the Drafting of Tenders: Support in the drafting of tender notices and the preparation of the necessary documentation for tender procedures.
   • Tender Management: Consulting in the management of tender procedures, from the call for tenders to the evaluation of bids, to the awarding and conclusion of contracts.
5. Monitoring and Auditing:
   • Periodic Audits: Carrying out periodic audits to verify ongoing compliance with the Public Contract Code and identify any areas for improvement.
   • Continuous Policy Update: Continuous review and update of company policies according to regulatory changes and industry best practices.

Benefits

• Regulatory Compliance: Ensure that the organisation complies with all provisions of the new Public Contract Code, reducing the risk of sanctions.
• Operational Efficiency: Align business practices with the new regulatory provisions, improving operational efficiency.
• Transparency and Legality: Promoting transparency and legality in procurement procedures, preventing unlawful behaviour.
• Risk Reduction: Minimising legal and operational risks associated with public procurement management.
• Reputation Enhancement: Enhancing the organisation’s reputation through the adoption of good governance and compliance practices.

Tools used

• Compliance Management Software: Tools for monitoring and managing compliance with the Public Contract Code.
• Documentation: Procedures and records for managing compliance activities.
• Training Platforms: Online tools and training materials for staff training and awareness-raising.
• Monitoring Dashboards: Tools to monitor compliance activities and verify the effectiveness of company policies.

Final Considerations

365TRUST’s advice service on the application of the new Legislative Decree No. 36 of 31 March 2023 – Public Contract Code – is essential for organisations wishing to comply with the new Italian regulations. Through targeted advice and the implementation of effective policies, procedures and security measures, companies can improve their procurement management practices, protect consumer rights and promote a corporate culture geared towards transparency and security.