New procurement code: let's take stock

The new procurement code is now operational, included in Legislative Decree No. 36 of 2003, approved on 28 March, published in the Official Gazette on 31 March and which became fully effective as of 1 July.

There are several new features compared to the previous one, among which those of greatest interest to design studios are:

• the digitalization of procurement procedures
• the BIM project obligation for amounts greater than 1 million euros as of January 1, 2025

The return of the possibility of applying the integrated procurement procedure: the contract may have as its object the executive design together with the execution of the works

But the most impactful innovation in our opinion is the reduction in design levels. The previous code had three levels: preliminary, definitive and executive. The new code, on the other hand, provides only two levels: the economic feasibility project (which is roughly equivalent to the previous definitive one, with some differences) and the executive project. The preliminary design phase is eliminated, replaced by a series of documents that the contracting authorities must prepare and approve before the design tender, including the DOCFAP — a document for the feasibility of design alternatives, and the DIP — the design guidance document.

It should be noted that the new code will not apply to projects related to the PNRR and the PNC, since the specific regulations in force will continue to apply to them.

We will be able to verify if these changes, based on the 'principle of result' and on the 'principle of trust', will really be able to obtain the desired result, that is, a simplification and speeding up of the procurement procedures and the execution of the works.

In the meantime, we at Dabster Engineering, as always, are at the side of administrations and companies in determining the best ways to apply the new code.