Article 221. Address, coordination and monitoring at the Control Room. Service governance

1. The control room for the public contracts code is established at the Presidency of the Council of Ministers. Its composition and operating methods are governed by Annex V.3. Upon first application of the code, Annex V.3 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, with decree of the President of the Council of Ministers, in agreement with the Minister of Infrastructure and Transport, after consulting the ANAC and the Unified Conference, which replaces it entirely also as an annex to the code. 2. The Control Room it is the institutional headquarters for coordination in the implementation of the code, for the analysis of proposed legislative and regulatory changes, for the direction of contracting authorities, for the sharing of information and for the dissemination of knowledge of the best and worst practices . 3. Each administration involved in the application of the code draws indications and ideas for its own activity from the action of the control room. To this end, for the first two semesters starting from the date on which the code becomes effective, the Control Room establishes a dedicated "one-stop shop for technical support" (help desk) at its secretariat, in collaboration with the structures of the Ministry of infrastructure and transport and ANAC, also sharing the related data and information. The help desk monitors the implementation of the measures contained in the code, supporting their implementation and identifying any critical issues. Within the seventh and thirteenth month starting from the date on which the code becomes effective, the Control Room presents the Government with a report on the help desk activities, suggesting corrective interventions on a regulatory and administrative level if necessary and recommending the best organizational practices and implementation. 4. The Control Room has, among other things, the task of: a) carrying out a survey of the implementation status of the code and the difficulties encountered by the contracting authorities in the application phase, also with a view to proposing possible solutions corrective and improvement; b) supervise, if necessary with a specific action plan, the implementation phase of this code by coordinating the adoption, by the competent subjects, of implementing regulations and guidance documents, as well as their further reorganization in the annex to the code, also in order to ensure their timeliness and mutual coherence; c) examine the proposals for regulatory changes in the matter governed by the code to evaluate their impact on current legislation and guarantee homogeneity and legal certainty, supporting the competent structure of the Presidency of the Council of Ministers in coordinating the various regulatory interventions in the sector and contributing to the 'carrying out analyzes and impact checks of the relevant measures; d) supervise the digitalisation of the public contract system, without prejudice to the exercise of the functions by the ANAC referred to in article 23; e) promote agreements, memoranda of understanding, conventions, including with private associations to facilitate the bankability of public works; f) in relation to public-private partnerships, in coordination with the Department for planning and coordination of economic policy, promote knowledge of the new procedures and facilitate their use among potential participants, including businesses, banks and other financial companies; promote coordination and exchange of information between the parties; identify and disseminate the most appropriate solutions to any application problems and promote the collection and dissemination of data that flow into the database on public-private partnerships pursuant to article 175, paragraph 7. 5. The Control Room reports, on the basis of the information received, any specific violations or systemic problems to the ANAC for the relevant interventions. 6. Every year the Control Room, also making use of the ANAC, presents to the Commission a control report containing, if necessary, information on the most frequent causes of incorrect application or legal uncertainty, including possible structural or recurring problems in the application of the rules, on the level of participation of micro-, small and medium-sized enterprises in public procurement and on the prevention, verification and adequate reporting of cases of fraud, corruption, conflict of interest and other serious irregularities in the field of procurement and concessions. 7. The Control Room is the national reference structure for cooperation with the European Commission for the application of the legislation in matters of public procurement and concessions and for the fulfillment of the obligations of mutual assistance and cooperation between Member States, to ensure the exchange of information on the application of the rules contained in this code and on the management of the related procedures. 8. CIPESS develops specific policies regarding services and supplies, preparing a national plan of strategic services for the country, with a high content of innovation and investment in technology, also through periodic consultations of economic operators. 9. The plan national service organization must also indicate the methods of implementation of the provisions contained therein, and includes the implementation of specific projects, including through the assignment of the same to central purchasing bodies. EFFECTIVE FROM: 1 July 2023


REPORT Article 221 defines the structure and tasks of the Control Room for the public contracts code, whose functioning is governed by Annex V.3. The tasks of the cabin concern the coordination for t...


NEW • The composition and operating methods of the control room are governed by Annex V.3. • paragraph 3 provides for the establishment by the Control Room, for the first two semesters from the date...
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