73929 - Law of Public Contract M

Learning outcomes

At the end of the course the student will have acquired a thorough knowledge of the legal instruments provided for by the European Union and national law in the field of public contracts, with particular reference to the public works and infrastructure procurement markets, examined with reference both to the regulatory and institutional profiles of the subject, and to the legal issues determined by the interaction between public administration and economic operators. In particular, at the end of the course the student will be able to critically and comparatively evaluate the various traditional contractual forms and methods of realising works through project financing, or through other forms of private capital participation.

 

Course contents

The contractual activity of the public administration. The law on public contracts. Legislation on public contracts and Legislative Decree No 36/2023. Community and national principles.

Objective scope of application of public contract legislation. Thresholds and sectors. The types of contracts that make up the area of public contracts: public works, supply and service contracts, concession contracts. The public-private partnership, project finance, leasing for the realisation of public works, the availability contract, the social partnership, global services and the general contractor. In-house providing.

Organisational profiles: roles and tasks of the institutional bodies and set-up of competences. In particular: the National Anticorruption Authority, the Ministry of Infrastructures and Transport, the Cabina di Regia. Bodies and offices of the contracting stations and organisational principles.

Subjective scope of application of the legislation on public contracts. The contracting stations.

Planning, programming and design in procurement by contracting stations (with particular reference to architectural and engineering services).

The subjects to which public contracts may be entrusted. In particular: the economic operators for the entrusting of architectural and engineering services. Joint participation: the temporary grouping of enterprises and other forms of cooperation.
The ordinary and special requirements of participants in award procedures (in particular, of providers of engineering and architecture services).

Public evidence and the choice of private contractor. The formation, manifestation and realisation of public demand: preliminary phase, tender procedure and essential elements of the (future) contract. Criteria for selecting economic operators and criteria for selecting tenders. Selection of the best offer, anomalous offer and award. Stipulation of the contract.

The formation, manifestation and realisation of public demand in sub-threshold contracts: the rules common to all sub-threshold contracts in ordinary sectors and the exceptions relating to the procedures for awarding sub-threshold contracts. In particular: the electronic market of the P.A.

Principles relating to the execution of contracts. The requirements and subjects of execution. Guarantees.

The modification of contracts during the period of effectiveness. Suspension, extension, termination and cancellation.

Acceptance and verification of conformity.

The payment system.

Subcontracting.

Readings/Bibliography

Alternatively, the following are recommended:

- Mastragostino F., Piperata G., Diritto dei contratti pubblici. Assetto e dinamiche evolutive alla luce del decreto legislativo n. 36 del 2023, Torino, Giappichelli, 2023;

- Dipace R., Manuale dei contratti pubblici, Torino, Giappichelli, 2023.

Teaching methods

Lectures.

Discussion of relevant or controversial cases.

Practical lessons on the drafting of tender notices and participation in tendering procedures.

Classroom exercises.

Assessment methods

The learning assessment is conducted by means of an oral test aimed at ascertaining the acquisition of the expected knowledge and skills.

Attending students may, in any case, carry out the exercises scheduled during the course.

The awarding of the final grade will be based on the following criteria:

18-23: preparation and ability to analyse sufficient to pass the examination, with use of language that is on the whole appropriate.

24-27: technically adequate preparation for the examination, good expository ability, with the use of appropriate language. Slight gaps and lack of depth in analysis remain, however.

28-30: excellent knowledge of a wide range of topics covered in the course, as well as excellent critical analysis skills. Exposition is clear and uses correct and specific language.

30L: excellent knowledge of the course topics, excellent critical analysis and linkage between the different subject areas, as well as excellent ability to use specific terminology.

Teaching tools

The lecturer will provide in-depth teaching materials during the course and will use power point presentations for teaching purposes.

Students who, for reasons dependent on disabilities or specific learning disorders (DSA), need compensatory tools may inform the teacher of their needs so that they can be referred to the contact persons and agree on the most appropriate measures to be taken.

Office hours

See the website of Vittoria Maccolini