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Editorial

Procurement System within the framework of MePA

In compliance with the provisions of art. 328, cl. 4, d.P.R. 207/2010, the Contracting Authority can purchase goods and services below the value of European Union thresholds by taking advantage of the public administration electronic market. To do so, they must follow one of the following procedures:

a)Through competitive tendering where bids published within the electronic market;

b)    Through competitive tendering where the bids received are based on offer requests that have been made to licensed suppliers;

c)    By applying simplified procurement procedures set out in art. 125 of the Code of Public Contracts and so,

a.     By an outsourcing system called “cottimo fiduciario” (legal instrument used in some European countries)

b.Or, by directly awarding contracts

The aforementioned procedures are “displayed” electronically on MePA) which can be accessed a www.acquistinretepa.it/opencms/opencms/ through two tools:

The Direct Order (ODA) which allows goods or services to be selected directly from the catalogue and purchased without making changes to the general purchase conditions

The Offer Request (RdO) which allows goods and services to be purchased through a negotiation procedure with licensed economic operators, under specific conditions that provide exceptions to the general licensing regulations.

This arrangement never limits the requirement of the single contracting authority to meet the different regulations laid down by the Code, which regulate the various competition procedures. It adheres to the various operating manuals provided by Consip S.p.A. as well as, and in particular, the Rules of thee-procurement system.

In fact, in regulating the relationships between subjects present within the Acquistinrete system (MEF, Consip, contracting authorities, economic operators), these rules set out specific provisions regarding the so-called “Ordering Point”:

The awarding authority must be licensed and works within the e-procurement system through an ordering point. The ordering point acts exclusively in the name of, and on behalf of, the awarding authority to which they belong and of which they are a member;

The awarding authority is directly and exclusively responsible for every action taken by their ordering point,  and is consequently obliged to implement each action;

The ordering point must hold the power to act in the name of and on behalf of their awarding authority and to use that power effectively for all activities that can be carried out using the e-procurement system. Unless stated otherwise, the ordering point is also responsible for tendering procedures and for executing the contracts concluded through the purchase tools, pursuant to art. 10 of the Code of Public Contracts;

The ordering point and therefore also the awarding authority are exclusively responsible for activities, actions and, more generally, purchase procedures carried out through the system with regards to other clients’ suppliers and, in general terms, third parties, pursuant to Law n. 241/1990;

The ordering point, and therefore also the awarding authority, using the purchasing tools to purchase goods and services acts in full and complete autonomy and independence and is the only entity responsible for the proper choice and application of the contracting party’s selection procedures, set out by the applicable regulations. Ordering points are also responsible for fulfilling legal disclosure requirements and procedural obligations as well as completing the necessary documentation. In general, they are also responsible for disclosing which goods and services they have bid for and for drawing up the relevant contract, as stipulated by the regulations applicable when selecting a supplier. Awarding authorities using the purchasing tools will therefore be required to prove in advance that they are able to apply the purchase procedures the e-procurement system and the relevant purchase tools can put in place. They can do this by ensuring that their own internal regulations are adequate and in compliance with the relevant regulations (of the Code of Public Contracts and its implementing regulation), by carrying out the necessary preparatory activities and actions for implementing said procedures.

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