Public Procurement market Analysis

The Authority, through the Observatory, which is split into two Departments (Information technology and Market Analysis), ensures the collection and processing of data on public procurement, in order to provide indications for the supervising departments and to address the regulating activity towards rules of transparency, simplification and competition.

In particular, the Observatory:

  • processes data collected and assesses the structural characteristics of the market of public procurements and its evolution. Statistics about number and value of awarding procurements grouped by localization, procurement entities, awarding procedures; the different typologies of procurement are periodically published;
  • Assesses whether the criteria of efficiency and value for money are respected during the procurement process. Changes of the earlier contractual conditions are recorded in the Data Base of the Authority.
    Detects dysfunctions and anomalies of the market through some fixed measures: a)indexes of assessment of excessive tendering rebates, with respect to the average rebates; b) the number of bids to be presented in each awarding procedure; c) the localization of awarded companies with respect to the localization of contracting authority. Throughout the analysis of the "Construction Companies Data Base" (implemented with data collected by the Authority), in which denounces from contracting entities and from SOA are gathered, it is possible to verify the statistical distribution of qualified companies according to 1) their juridical typology, 2) the statistical distribution of qualified companies and inscriptions on a regional base, 3) the ratio between the number of qualified companies and the regional GDP, 4) the ratio between the number of qualified companies and the total number of construction companies, 5) the mobility index of qualified companies, 6) the concentration index of companies; therefore, thanks to this instruments, contracting entities are able to acquire information on public procurements market operators and to obtain the required checks. Assesses whether the criteria of efficiency and value for money are respected during the procurement process. Changes of the earlier contractual conditions are recorded in the Data Base of the Authority.
  • Detects dysfunctions and anomalies of the market through some fixed measures: a)indexes of assessment of excessive tendering rebates, with respect to the average rebates; b) the number of bids to be presented in each awarding procedure; c) the localization of awarded companies with respect to the localization of contracting authority. Throughout the analysis of the "Construction Companies Data Base" (implemented with data collected by the Authority), in which denounces from contracting entities and from SOA are gathered, it is possible to verify the statistical distribution of qualified companies according to 1) their juridical typology, 2) the statistical distribution of qualified companies and inscriptions on a regional base, 3) the ratio between the number of qualified companies and the regional GDP, 4) the ratio between the number of qualified companies and the total number of construction companies, 5) the mobility index of qualified companies, 6) the concentration index of companies; therefore, thanks to this instruments, contracting entities are able to acquire information on public procurements market operators and to obtain the required checks.

Similarly, the Data Base is an important instrument for supporting the SOAs certifying activity, with reference to the procedures of verification of the requirements prescribed by art. 17 of D.P.R. 34/2000 (and following modifications); according to OECD guidelines5, it also aims to find a balance between the objectives of ensuring transparency, providing equal opportunities for bidders and, in particular, efficiency.

By Det. 1/2008, the Authority noticed a legislative lacuna, due to the absence of prevision of such obligations for the sectors of services and supplies; by art. 7 par. 10, of the D.lgs. 152/2008, the Data Base rules will also be extended to the public contracts for services and supplies.

2.080 denounces in Construction Company Data Base have been examined in 2007; the following are underlined, which are related to:

  • Cases of exclusion from selection procedures, due to lack of the requirements provided by art. 38, par. 1 of the Code (bankruptcy and similar procedures, security measures of prevention, provided by art. 3 of L. 1423/56);

  • Definitive pronounces of Criminal Courts addressed to a single entrepreneur or to company representatives;

  • Infractions of safety measures and other obligations related to employment contracts, negligence or bad faith in execution of professional obligations or miscarriage in execution of professional activity;

  • Violation of tax obligations, mendacious declarations - given within the year preceding the tender publication - related to requirements for selection procedures;

  • Violation of Social Security laws;

  • Restrictive sanctions provided by art. 9, par 2 c) of D.Lgs. n. 231/2001 (regulating “companies and association responsibility”);

  • Cases of exclusion from selection procedures, due to unequal treatment of participants and to lack of transparency as, for example, “substantial connection or share control among companies (art. 34, par 2, D.Lgs. n.163/06), counterfeit of documents related to the procedure itself;

  • Anomalies related to the execution of a public procurement as, for instance, unauthorized sub-contracts;

  • End of contract due to breach of contract;

  • Definitive pronounces of Criminal Courts, related to crimes against Public Administration, public order, public faith or public estate, bankruptcy or similar proceedings before their conclusion.

5 Integrity in Public Procurement: Good Practice from A to Z