Public procurement has always been a field closely monitored by the Italian legislator and subject to continuous regulatory change. The current framework is set out in Legislative Decree no. 36/2023 (the “Public Contracts Code”), which entered into force on 1 April 2023 and became fully effective on 1 July 2023.

Although only a few months have passed, the Council of Ministers has already announced the start of consultative working groups aimed at drafting a corrective decree, intended to address and amend key aspects of the recently enacted Code.

In such a context of legislative overproduction, market operators often find themselves disoriented and without the tools needed to approach tender procedures launched by competent authorities with confidence.

It is precisely within this scenario that Forlani Consulting SB has developed substantial experience in accompanying economic operators step by step through every phase of participation in any type of procedure (negotiated procedures, competitive procedures with negotiation, open and restricted procedures, etc.).

The “Tenders & Public Contracts” service is therefore designed for any operator wishing to take part in public procurement procedures, and is ideally structured into the following phases.

Introductory phase

This first phase includes:

• Verification of subjective, general and specific eligibility requirements;
• Review and analysis of the tender documentation prepared by the Contracting Authority;
• Definition of the list of investments and management activities that may provide scoring advantages (such as sworn expert reports, legality rating, Gender Equality certification, etc.);
• Coordination of the professionals involved (accountant, technical experts, certifying bodies, notary, etc.);
• Collection and verification of relevant documents (company registers, criminal record certificates, financial statements, etc.).

Participation phase

This second phase includes:

• Preparation of the application to participate;
• Drafting of all required declarations / certifications;
• Management of all administrative formalities (e.g., online payments of administrative fees and stamp duties, fulfilments on the ANAC platform, preparation of bid bonds, completion of the ESPD/DGUE, generation of PASSOE, activation of the Virtual File of the Economic Operator – FVOE);
• Follow-up on the evaluation process of the submitted application;
• Drafting of the Business Plan / Financial and Economic Plan;
• Assistance with the submission of the application through the Contracting Authority’s platform;
• Support in preparing any additional documentation required under remedial procedures (soccorso istruttorio).

Award phase

This final phase includes:

• Review of the draft contract / agreement prepared by the Contracting Authority;
• Management of relations with insurers or financial institutions for the issuance of policies and guarantees;
• Assistance with online payments;
• Support in signing the contract / agreement;
• Assistance in reporting and final accounting activities.