61531 - Public Procurement Law

Learning outcomes

The objectives of the course are to acquire the tools and the knowledges needed to understand the functioning of public procurement, intended either as tools necessary for the administrative action, or as profit opportunities for the company. In particular, the student will know and will work hard with the procedures of selection of the private contractor, and with the rules that accompany the execution of contracts and the specific rules of procedural law of contracts.

Course contents

1. Contractual activities of public administrations and public procedures.

2. Evolution of the legislation in national and EU law: from the origins to the new code of public contracts (Legislative Decree 18 April 2016, no. 50).

3. Allocation of legislative competence between State and Regions. Second-level sources of law.

4. Principles.

5. Governance: Control room, ANAC, AGCM, MIT, High Council of Public Works.

6. Contracting authorities. Body governed by public law. Other contracting subjects.

7. Special sectors and contracting entities.

8. Aggregation and centralization of demand. Qualification of contracting authorities.

9. Notion and types of public procurement contracts. Mixed procurement contracts.

10. Exclusions. In-house providing. Cooperation between contracting authorities.

11. Economic operators. Consortia. Temporary associations.

12. Participation requirements: general requirements, anti-Mafia legislation, company rating. Qualification. Reliance on the capacities of other entities.

13. Responsible of the procedure.

14. Programming and planning.

15. Thresholds. Division into lots.

16. Procurement procedures: open, restricted, negotiated. Competitive dialogue. Innovation partnership. Framework agreement. Procedures below threshold.

17. Telematic Procedures (dynamic systems, electronic auctions, electronic catalogs, electronic platforms).

18. Calls, notices and invitations. Terms. Technical specifications. Communications.

19. Offers. Selection criteria. Jury. Range. Guarantees. Abnormally low tenders.

20. Award. Controls and approvals. Conclusion of the contract. Definitive guarantees.

21. Access to the bid documents.

22. Execution. Subcontracting. Direction. Payments. Testing.

23. Subjective and objective variants. Price revisions.

24. Suspension. Resolution and termination. Extraordinary management measures.

25. Concession and public-private partnership contracts. Project financing. General contractor.

26. Disputes on public procurement procedures. ANAC opinions and recommendations. Public procurement contracts rite before the administrative judge. Ineffectiveness of the contract. Compensation claims.

27. Ordinary jurisdiction on the execution of the contract. Alternative dispute prevention and resolution methods: advisory technical college; amicable agreement; transaction; arbitration.

Readings/Bibliography

Franco Mastragostino (a cura di), Diritto dei contratti pubblici. Assetto e dinamiche evolutive alla luce del nuovo codice, del decreto correttivo 2017 e degli atti attuativi, Giappichelli Editore, Torino, 2017.

The book will be available from the beginning of June.

Assessment methods

Oral examination

Office hours

See the website of Nicola Aicardi