Art. 41. Measures for the simplification of the procurement procedures carried out by central purchasing bodies

1. Within one year from the entry into force of this Code, by means of a decree of the President of the Council of Ministers, upon proposal of the Minister of Economics and Finances, having heard the Unified Conference and CONSIP S.p.A. and aggregating subjects, the measures of revision and efficiency increase of the procurement procedures, framework agreements, covenants and in general of the procedures to be used by CONSIP, aggregating subjects and central purchasing bodies aimed at improving the quality of purchases and reduce the costs and timeframes for the conduct of competitions shall be identified, also by promoting a system of purchasing networks with the purpose of achieving a wider recourse to digital tenders and awards and the effective participation of micro-enterprises, small and medium enterprises, in accordance with the provisions set out in this Code and in the European Union legal framework.

2. The identification of the measures referred to in paragraph 1 shall be conducted, with reference to the goals of rationalization of public spending pursued through the activities of CONSIP and of the aggregating subjects, on the basis of the following criteria: standardization of purchase solutions in aggregated form in such a way as to respond to public demand in the widest possible measure, leaving to more specific solutions the satisfaction of peculiar no-standardized needs; progressive increase in the use of digital tools, also through forms of cooperation among aggregating subjects; monitoring of the effective implementation of the phases of the procedures, also in relation to the forms of coordination of planning among aggregating subjects; reduction of the costs of participation to the procedures for economic operators.

2-bis. It shall be forbidden to charge on competitors, as well as on the contractor, any cost connected to the management of the platforms referred to in Article 58.

3. Within 30 days from the adoption of the review decisions, subjects referred to in paragraph 1 shall transmit to the "Cabina di Regia" referred to in Article 212 and to ANAC a report on the review activities carried out, emphasizing, also in percentage terms, the increase in the use of digital tenders and awards, as well as the solutions adopted in order to ensure the effective participation of micro-enterprises, small and medium enterprises.
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