The Italian public contract code (legislative decree № 50/2016) includes the following RBC objectives:
Environment
Human rights
Labour rights
People with disabilities
Minority considerations
Integrity
Strategic frameworks
In 2013, Italy adopted the National Action Plan for Green Public Procurement. Among other tasks, the plan instructed the Ministry of Environment to establish minimum environmental criteria as a reference for public procurement procedures at national level.
Even though the National Action Plan “Business and Human Rights” 2016-2021 is not a specific strategy for public procurement and human rights, this topic is mentioned in it.
The tasks of the Italian National Anti-Corruption Authority (ANAC) include regulating public procurement with regards to integrity, enhancing competition and preventing corruption. ANAC has implemented general frameworks in the form of anticorruption plans in recent years, and the most recent one in 2019 included a reference to public procurement (ANAC National Anti-Corruption Plan).
2. Implementation
Consip, the Italian CPB, must include sustainable policy objectives during each phase of the procurement cycle.
Pre-tender phase
In the planning and conduct of the procurement procedure, some documentation may be used. In Italy, the provided documentation cannot distort competition and cannot result in a violation of the principles of non-discrimination and transparency.
Tender phase
Contracting authorities intending to purchase supplies, works or services with specific environmental, social or other aspects may require a specific label. This label should be reflected in the technical specifications, the award criteria or in the contract performance conditions.
Contracting authorities may reserve the right to participate in the tender process of economic operators and social co-operatives and consortia whose main aim is the social and professional integration of people with disabilities.
Post-tender phase
In the execution of contracts and concessions, Italian economic operators must comply with obligations regarding the environmental, social and labour aspects included in both the Italian and the European Union Law.
Contracting authorities may demand specific requirements for the performance of the contract, such as to comply with European Law and the principle of non-discrimination, equal treatment, transparency, proportionality and innovation. These principles must be specified in the call for tender or the invitation (when appropriate).
3. Good Practices
To overcome the challenges faced by the Italian government regarding public procurement, such as lack of clear understanding or implementation challenges amongst others, ANAC has the power to issue “soft regulation acts”. ANAC’s guidelines include the following: Guidelines № 13 relating to “The discipline of social clauses”, draft Guidelines relating to public tendering rules of social services, Guidelines № 15 on Identification and management of conflicts of interest in public contract award procedures.
To monitor the outcomes of the National Action Plan for Green Public Procurement, the Ministry of Environment and ANAC signed an agreement in 2018, establishing that the Central Section of the Observatory of ANAC shall monitor the application of the minimum environmental criteria.
