ANAC Direct Assignment Vademecum: A Guide for Public Sector Operators

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Emma Potter

Direct assignment

Direct assignments represent a significant component in the panorama of public procurement in Italy, both from a numerical and economic point of view. Their relevance was also underlined in the recent annual report of ANAC to Parliament.

This tool, in fact, is often used by public administrations to ensure rapid and efficient acquisition of goods and services, especially for small amounts.

However, precisely because of its diffusion, it is essential that such procedures are conducted with maximum transparency and in compliance with current regulations, to avoid potential risks of corruption or irregularities.

As reported in the vademecum, the definition of trust direct is contained in the Annex 1.3 art. 3 letter d) to Legislative Decree 36/2023 according to which it is about the“contract award without a tender procedurein which, even in the case of prior consultation with several economic operators, the choice is made at the discretion of the contracting authority in compliance with the qualitative and quantitative criteria referred to in art. 50 paragraph 1 letter a) and b) of the code and the general or special requirements provided for by the same code.”

Objectives of the vademecum and regulatory aspects

The main objective of the vademecum approved by ANAC is to provide a clear and detailed guide to operators in the sector, with particular attention to regulatory and operational aspects related to direct procurement. This document is not just a collection of rules, but represents a practical tool to support public administrations and contracting authorities in the decision-making process and in the correct implementation of procurement procedures.

From a regulatory point of view, the vademecum contains a accurate summary of the provisions of the public procurement code relating to direct assignments. The main current regulations are recalled, providing a clear and updated reference framework. Furthermore, the document includes the opinions and clarification rulings issued by ANAC and the Ministry of Infrastructure and Transport (MIT), which are essential for understanding and correctly applying the legislation.

Operational aspects and digitalisation

With the advent of digitalization, the public procurement sector has also undergone significant transformations. The vademecum provides precise operational instructions on how to manage direct award procedures in the current digital context. A key element covered in the document is theacquisition of the Race Identification Certificate (CIG)an essential tool for tracking and monitoring tenders. In addition, detailed guidelines are provided on thesending information to the National Database of Public Contracts (BDNCP)a crucial step to ensure transparency and traceability of operations.

Another significant aspect of the vademecum concerns future implementations and updates of the information sheets contained in the document. These improvements are currently under development and are the result of a consultation process with contracting authorities and trade associations.