Contracting authorities can consult the DURC on the Virtual File of the Economic Operator

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Emma Potter

DURC interoperable with the Virtual Dossier of the Economic Operator 2.0

One of the most significant innovations introduced with the update of the Economic Operator’s Virtual File is the interoperability of the DURC with the FVOE 2.0 digital system through the National Digital Data Platform. This update allows contracting authorities to consult automatically the DURC, issued while valid, directly in the economic operator’s file.

As foreseen by thearticle 94, paragraph 6 of Legislative Decree 36/2023 (New Procurement Code)contracting authorities can now verify the absence of violations definitively ascertained in contributory matters, one of the fundamental requirements for the awarding of public contracts.

The DURC comes inserted automatically in the virtual file when the company releases the contracting authority to theauthorization to access your documents.

Check DURC only when necessary

It is essential to underline that contribution regularity, certified by the DURC, is a very volatile requirement, subject to rapid changes based on the company’s contribution situation. For this reason, ANAC – National Anti-Corruption Authority specifies that contracting authorities are invited to request control of the validity of the DURC only when the actual need arises.

Currently, it’s not possible request the issuance of the DURC for economic operators who do not have it. However, ANAC is working to reach an agreement with the social security institutions, so that this limitation can be overcome in the near future.

FVOE 2.0 effective January 1, 2024

There ANAC Resolution n. 262/2023 regulates the functioning of the FVOE, establishing that the contracting stations they contracting bodies can acquire documents necessary to verify the general, technical-organisational and economic-financial requirements.

The economic operators they can insert and update their documents within the system, creating a sort of repository useful for participation in future competitions.

Furthermore, version 2 of the FVOE, in force starting from 1 January 2024, introduces important innovations such as the divestment of PassOEreplaced by a new document access mechanism based on request and approval between the contracting authority and the economic operator.

Security and access to FVOE 2.0

Access to FVOE 2.0 takes place exclusively through digital identity devices LoA3 level, like SPID second level, CIE (Electronic Identity Card), eIDAS or CNS (National Service Charter).

For the foreign operators who do not have an Italian tax code, thetwo-factor authentication (2FA)thus guaranteeing a high level of security for the management of sensitive information.

For contracting authorities that use a Digital Procurement Platform (PDA), additional digital identity tools are available, again at LoA3 level.

New documents for verifying requirements

In addition to the DURC, ANAC announces that new types of documents will be introduced to verify requirements in tenders, including:

  • verification of tax burdens not definitively ascertained by the Revenue Agency;
  • communication to the Ministry of Labor of the factsheet on disabled people and the report on gender equality.

These documents, like the DURC, will be accessible and manageable through the Economic Operator’s Virtual File, further facilitating the process of verifying companies by contracting authorities.