Comparison between the main European countries
The ANAC analysis, based on TED data (Tenders Electronic Daily)highlights one significant disparity between Italy and other large European countries. The 279 days needed on average for Italian awards contrast with the much shorter times in Germany and France. Even in the comparison with Spain, although less marked, the gap remains evident.
These differences persist not only in procedures that adopt the criterion ofmost economically advantageous offer (OEPV)but also in those based on lowest price. For the latter, Italy requires on average 195 days, compared to 145 in Spain, 95 in France and 54 in Germany.
Main causes of the gap and factors for improvement
Two factors emerge as main determinants.
Rules and regulations: in Italy, the legal minimum time between the award and the signing of the contract (standstill period) is higher than in other countries. While Germany and Spain require a minimum period of 15 days and France 11, Italy requires 35. This represents a structural difference of approximately 20 days.
Administrative capacity: Italian contracting authorities show a lack of specialist skills compared to those in other countries. The European Commission has highlighted how many Italian administrations lack figures with economic or management trainingfocusing on less adequate legal profiles to the complexity of public tenders. In Germany, for example, investment in staff training and the support of specialized consultants are key tools for greater efficiency.
Litigation: the European Commission highlights how theexcessive cumbersomeness of the Procurement Codein force at the time, would generate a high level of litigation such as to entail inevitable costs in terms of efficiency.
In the ANAC Report it is reported that from an initial quantitative analysis of the TED data, it emerges that among the factors positively correlated with a reduction in time of the award include: theuse of electronic auctionsOf accelerated procedures and of joint procurement (tenders issued by multiple public administrations that operate jointly take on average 4-5 days less). However, it is specified that the results are not always robust to variations in the analyzed sample.
Recent progress in Italy
Although the overall data highlights inefficiencies, Italy has made progress significant improvements. In 2021, the average award times are dropped to 243 days, reaching 201 days in 2022. This decline was attributed to regulatory reforms introduced with the Simplifications Decree (DL 76/2020), which he established maximum terms for the award (6 months for tenders above the threshold) and introduced liability for tax damages for managers in the event of delays.
The extension ofprocedural reversalwhich allows you to verify the administrative documentation only for the successful tenderer, is another tool that has speeded up the procedures. This measure, already applied in special sectors, has been extended to ordinary sectors until 2023, with clear results in terms of time reduction.
Strategies for further improvement
Despite the progress, Italy still has room for improvement. Some recommendations include:
- training and technical support: invest in specific training programs for contracting station staff, taking example from models such as the German or French one;
- digitalisation: increase the use of electronic auctions, which have proven effective in reducing average award times by up to 56 days;
- regulatory simplification: further reduce the legal minimum terms while maintaining high standards of transparency and competitiveness.
