78965 - PUBLIC PROCUREMENT

Conoscenze e abilità da conseguire

The aim of the course is to give a complete survey of the juridical and judicial landscape of the Italian and European systems in the topic of public procurement and contract.

Contenuti

Requirements/Prior knowledge

A prior knowledge and understanding of public procurements regulations is not required to attend with profit this course. Those skills and capacities will be possessed at the end of the course.

All lectures and tutorials, and all study material will be in English.

 

Course Contents

Module 1

General outlines of the administrative law

•  main laws and principles;
• the administrative procedure within the law. no. 241/1990.

The fundamental features of the public procurement sector

• the Italian traditional approach and the impact of the European law;
• the current regulation of public procurements: principles, conceptual basis and rules, moving from the most important European directives and from the Italian public procurement code;
• the sectoral independent regulator and supervisor: the National Anti-Corruption Authority.

The organization of the "public buyer"

• the contracting authorities: public bodies and bodies governed by public law;
• the centralization of public purchasing.

 

Module 2

The purchasing activity: systemic groupings 

• outsourcing and insourcing: the competition principle and the in-house company;
• public procurements above and below the European threshold: the sound administration and the simplification of public purchasing;
• the subject-matter of the contract: services, supplies and works. The mixed procurements.

The "back-office stage"

• the scheduling and the planning activities;
• focus: the expropriation;
• the public debate.

The technical features of the procurement event

• technical skills in the development of the procurement purchasing: the design contest, the "architectural and engineering services" and the preliminary market consultations;
• the technical advices issued by the Superior Council for Public Works

The content of the call for competition

• technical specifications, labels and performance conditions;
• focus: green public procurements;
• the participation requirements: general and special requirements. The certifications issued by the "SOA"

Fostering competition

• the reliance on the capacities of other entities and the temporary groups of enterprises;
• the division into lots.

The "competitive stage"

• the "ordinary" procedures (open and restricted procedures);
• the "negotiated" procedures (the competitive procedure with negotiation, the competitive dialogue, the innovation partnership and the negotiated procedure without prior publication);
• the guarantees for the maximum participation: the so-called "soccorso istruttorio" and the "self-cleaning";
• the content of the tender: the award criteria and the abnormally low tenders.

The "performance stage"

• the stipulation of the contract and the subcontracting;
• the modification and the termination of contracts.

Further notes on public contracts

• procurements by entities operating in the water, energy, transport and postal services sectors and repealing;
• concession contracts and the public-private partnership.

Testi/Bibliografia

Slides of the lectures (slides are uploaded before every lecture on the "VirtuaLearning Environment"). Attending students (75% of the scheduled class hours) are allowed to study a restricted number of slides (those used and selected during the lectures).

Metodi didattici

Lectures will combine theoretical exposition with practical works, such as readings of call for competitions published by national contracting authorities as well as analysis of judgements of the European Court of Justice.

During the course, attending students (75% of the scheduled class hours) will have the possibility to verify their knowledge through at least four written tests (multiple choices). These simulations are aimed at helping students pull out key concepts and recall important material. The results of these simulations won't be considered to assess the final mark.

Modalità di verifica e valutazione dell'apprendimento

Students are evaluated and rated through an oral test. The oral test consists of three questions.

Attending students (75% of the scheduled class hours) are allowed to study a restricted number of slides (those used and selected during the lectures). 

The following criteria will be used to assess the final mark:

- knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language: 18-22/30;

- knowledge of a limited number of topics, ability to autonomously answer the questions, use of appropriate language → 23-26/30;

- comprehensive knowledge of the programme, ability to autonomously and critically analyse the subject-matter of the question, use of specific terminology → 27-29/30;

- extensive knowledge of the programme, ability to autonomously and critically analyse the subject-matter of the question, make connections between the topics, use of specific terminology → 30-30L/30.

 

- Registration for the final exam can be made through the application Almaesami (https://almaesami.unibo.it/almaesami/welcome.htm )

Strumenti a supporto della didattica

The slides of the lectures and other documents will be available on "VirtuaLearning Environment".

Students which need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) will communicate to the teacher their needs so as to be directed to the dedicated person and arrange on the adoption of the most appropriate measures.

Orario di ricevimento

Consulta il sito web di Tommaso Bonetti

Consulta il sito web di Enrico Guarnieri