Digitalisation of public procurement, ANCI writes to ANAC: solving critical issues


Emma Potter

The Sole Project Manager (RUP)

The new code of public contracts Legislative Decree 36/2023 has introduced one of the major transformations for the role of the RUP, now Sole Manager of the project, in the management of public contracts for works, services and supplies. It is a change of notable importance both in terms of functions and operating methods. Some of these take on primary importance and concern: 1) the establishment, for the first time, of a support office for the RUP financed with 1% of the starting auction amount (of works, services and supplies) to be used for the direct assignment, by the RUP, of assistance and support tasks;2) the qualification of Project Manager required for the management of complex projects;3 ) the organization of digital platforms for the management of award procedures within qualified contracting stations; 4) the mandatory qualification of contracting stations necessary for awards exceeding 500,000 euros for works and 143,000 euros for services and supplies;5) monitoring the application of the minimum environmental criteria referred to in art. 57 of Legislative Decree 36/2023 and Ministerial Decree 23/6/2022; 6) the establishment and assistance of the Technical Advisory Board (if appointed) which is mandatory for works contracts above the threshold and for service contracts and supplies exceeding 1 million euros; 7) participation in the tender commissions as a member or even as President; 8) the management of incentives; 9) the management, in the execution phase of the contracts, of cascade subcontracts with the consequent impacts on checks of payments, regularity of contributions and related policies;10) control of the design for works worth more than one million euros for which, from 1 January 2025, the use of BIM will be mandatory;11 ) the mandatory application of price revisions; beyond those deriving from the effects of the functions indicated or from the regulatory requirements of the procedures for implementing the interventions. In consideration of the elements exposed, the update required a complete rewriting of the text without prejudice to the basic approach based on two preferential channels of in-depth analysis and relating to :• the elements and updates of a regulatory nature;• the indications necessary for carrying out the activities, for identifying the procedures to be implemented and the possible critical issues that may arise. To make the methodological path to be followed for the tasks to be carried out, and the individual activities to be carried out, a series of diagrams, references and tables updated with the summary elements that are easy and immediate to read have been reported again within the text to allow the user to identify the most significant steps with the utmost promptness. The method of use of the notebook remained based on the precise need to accompany the technician in all phases of the process of implementing public contracts for the execution of works, services and supplies, being able refer to complete and immediately effective operational support.Marco AgliataArchitect, freelancer, engaged in the sector of planning, execution and monitoring of public and private works, expert in environmental, energy and safety issues. He carries out consultancy activities for public and private bodies on the planning and use of national and community resources, planning, works management, implementation, management and maintenance of interventions with particular regard to building recovery, soil protection, territorial valorisation and environmental sustainability. He is the author of numerous volumes on public works and environmental issues.