AIFERR railway works. pushes for greater transparency


Emma Potter

An annual programmatic document is required

AIFERR. asked RFI to prepare an annual programmatic document that establishes in advance the ISO certifications and other similar ones which will be considered for the assignment of reward criteria in tenders.

This document must be published well in advance to allow all companies in the sector to obtain the necessary certifications, thus guaranteeing the respect for the principle of impartiality of public administration And preventing market distortion phenomena.

New general contract conditions: a 10-point proposal to Ferrovie Italiane

In addition to the request for the programmatic document, AIFERR. presented ten proposals to be included in the new CC.GG.C., in line with the recent Legislative Decree 36/2023 on Public Contracts. The proposals aim to improve the clarity and fairness of contracts by addressing several critical issues.

  • Reference to Current Regulations: include in the introductory notes of the CC.GG.C. a reference to the legislation that authorizes the SS.AA. in the “Special Sectors” to equip themselves with their own CC.GG.C. autonomous.
  • Guarantees and Insurance Coverage: specify the regulations relating to the obligation to obtain insurance policies for the risks deriving from the activities of designers, both for works contracts and for those of services and supplies.
  • Posthumous Biennial Policies: define obligations, contours and limits of posthumous two-year policies, frequently requested by RFI
  • Maximum limits for ten-year policies: establish adequate limits for posthumous ten-year policies and ten-year liability policies, in accordance with the Legislative Decree 36/2023.
  • Procurement Guarantee Policy: specifically regulate the extension of the Procurement Guarantee Policy, with charges attributed to the contracting authority.
  • Technical Advisory Board: regulate the composition and appointment of the Technical Advisory Board, clearly defining when a contract should be considered above the community threshold.
  • Compensation for Force Majeure: include in the new CC.GG.C. clear provisions on compensation to the contractor for damage caused by force majeure, in accordance with the provisions of the Legislative Decree 36/2023.
  • Revision of Article 28, Paragraph 3: modify the regulations that allow the Works Director to communicate at his discretion the reasons for rejecting a reservation, introducing a communication obligation.
  • Good-natured agreement: harmonize the contractual documentation to clarify the possibility of resorting to the amicable agreement, currently excluded from the contractual legislation despite being provided for in the CC.GG.C.
  • Payment terms: align the payment terms of the CC.GG.C. with the maximum limit of 30 days provided for by Legislative Decree 231/2002highlighting any regulations that allow for broader terms.

AIFERR. will continue to monitor RFI's decisions regarding these requests and proposals, making them known to its members and the public. The goal is to ensure a more transparent, fair contractual environment in line with current regulationsto the benefit of all companies operating in the railway sector.