Public Contracts Code

In forceAppalti & Contratti pubbliciLegge/DecretoCogente● In review

Summary

TAV. 00

The code governing public works, services and supply contracts and concessions, which replaced Legislative Decree 50/2016. For the architect it is the ground of design competitions and the award of architecture and engineering services: it sets principles, design levels, procedures for selecting the contractor and rules on fees. It revolves around the principle of result.

Scope of application

TAV. 01

It applies to contracting authorities and granting bodies for awarding public works, services and supply contracts and concessions. It directly concerns designers and firms taking part in design competitions or receiving architecture and engineering service commissions, as well as companies and public administrations. It does not apply to contracts between private parties.

In depth

TAV. A

A result-oriented code

The methodological novelty of D.Lgs. 36/2023 lies in the principles that open it. The principle of result makes the award and timely execution of the contract, at the best possible quality-to-price ratio, the lens for reading all the rules. The principle of trust values the autonomy and responsibility of the official; the principle of market access protects competition and equal treatment. They are interpretive keys, not mere declarations.

Two design levels

From feasibility to executive design

01
Technical and economic feasibility design (PFTE)Identifies and develops the optimal design solution, with a level of definition that absorbs content previously split between preliminary and definitive.
02
Executive designDevelops the approved solution in every detail, making it buildable. The old "definitive" level is removed.

Designers: competitions and services

For those who design, two tools matter most: the design competition, promoted as the main route to architectural quality and idea selection, and the award of architecture and engineering services, with dedicated procedures. The code reaffirms the application of fair fees, safeguarding the dignity of the professional service.

The full, up-to-date text of the code and its annexes can be consulted free of charge at the official source indicated on this sheet.

Key points

TAV. K

Three guiding principles open the code: the principle of result, the principle of trust and the principle of market access, which guide the interpretation of individual rules.
Design levels go from three to two: technical and economic feasibility design (PFTE) and executive design; the definitive level is removed.
Architecture and engineering services are awarded through dedicated procedures; the code strengthens the principle of fair fees for professionals.
The design competition is promoted as a tool for design quality, with its own rules.
Digitalisation of the contract life cycle and the use of information management methods and tools (BIM) are pillars of the code.
Award procedures and thresholds distinguish below- and above-EU-threshold, with rules proportionate to the amount and type of contract.

Frequently asked questions

TAV. Q

Does D.Lgs. 36/2023 replace the old procurement code?

Yes: it replaced Legislative Decree 50/2016. Its provisions took effect from 1 July 2023. It is subject to later corrective measures, to be checked at the official source.

How many design levels does the code now provide?

Two: the technical and economic feasibility design (PFTE) and the executive design. The definitive level has been removed and its contents redistributed.

What is the principle of result?

It is the code's guiding principle: the award and execution of the contract must aim at the best possible result, promptly and at the best quality-to-price ratio. It guides the interpretation of all other rules.

How does the code protect the designer's fee?

The code recalls and strengthens the principle of fair fees in the award of architecture and engineering services, safeguarding the quality and dignity of the professional service.

Is the design competition mandatory?

Not in absolute terms, but the code promotes it as a preferred tool for design quality and regulates its conduct; the choice of tool rests with the contracting authority, in line with the principles.

Glossary

TAV. G

Principio del risultato: Core principle of the code: administrative action aims at awarding and executing the contract with the best quality-to-price ratio and timeliness.
Stazione appaltante: Public body (or equivalent) that awards works, service or supply contracts.
PFTE: Technical and economic feasibility design: the first of the two design levels, identifying and developing the optimal solution.
Servizi di architettura e ingegneria (SAI): Professional services (design, works supervision, testing and the like) awarded by contracting authorities through dedicated procedures.
Concorso di progettazione: Competitive procedure aimed at selecting a design or design idea, promoted by the code for design quality.
Equo compenso: Principle whereby the fee for a professional service must be proportionate to the quantity and quality of the work.