These are the basic principles of EU directives concerning procurement tenders currently being ratified that were the subject of proposals by Ascomac presented last April and repeated to the Senate and the Government once again in the light of recent episodes of the “same old corruption”.
“The measure being discussed in Parliament,” says Carlo Belvedere, Secretary General of Ascomac, “prior to ratification of EU directives that very clearly and precisely express principles and content has ended up 'overlooking' values and issues of strategic importance in terms of moving more rapidly towards legality, transparency and sustainability in Italy.
In fact, even the contents of the “New Text proposed by speakers and adopted by the Commission for Bill n° 1678”, currently undergoing examination by the VIII Senate Committee, makes no mention of life cycle as a specific item or in close connection with the award to the economically most advantageous tender based on cost-effectiveness which, in fact, includes life cycle costs.
This is why,” Belvedere concludes, “we have once again called upon Parliament and the Government through proposals intended to ensure correct ratification of European directives focusing on legality, innovative design and sustainability for procurement tenders and, therefore, the entire legal, design and environmental life cycle of the product/work/infrastructure, application and/or implementation of quality, environmental and social aspects, in particular the costs of greenhouse gas emissions and other pollutants as well as other costs related to the mitigation of climate change.
This is the real revolution in terms of transparency and sustainability introduced by EU legislation for procurement tenders, not the usual maximum discount with variants in the course of work that ordinary people have to pay for later even when newly completed projects begin to crumble”.
Inclusion of the expression “life cycle” in the text as envisaged by the Directives being ratified among the technical specifications as well the criteria for awarding public contracts and concessions.
“Life cycle” means all consecutive and/or interconnected stages, including research and development to be carried out, production, trade and relative conditions, transportation, use and maintenance in the life of the product or work or provision of the service, from the acquisition of raw material or the generation of resources through to disposal and decommissioning at the end of the service or use.
The award must take into account the entire life cycle cost of products and services involved in the implementation of the work as such, as well as the management of the work during its entire life cycle, thereby enhancing not only the investment but also operation through to final disposal.
Criteria for awarding tenders:
the economically most advantageous offer and life cycle
The economically most advantageous offer from the point of view of the contracting authority is identified on the basis of the price or cost, following a cost-effectiveness approach, such as the life cycle cost in accordance with article 68, and may include the best quality/price ratio, assessed in relation to criteria such as quality, environmental and/or social aspects connected with the topic of the public tender contract in question.
Such criteria may include, for example, quality, that in turn includes technical merit, aesthetic and functional characteristics, accessibility, design appropriate for all users, social, environmental and innovative features, marketing and related conditions.
Life cycle costs include, as appropriate:
a) costs incurred by the contracting authority or by other users (costs related to acquisition, costs related to use such as energy and other resources, maintenance costs, costs related to end of life, such as collection and recycling costs;
b) costs attributable to external environmental factors related to products, services or works during their life cycle, provided that their monetary value can be determined and verified, such as costs of greenhouse gas emissions and other pollutants, as well as other costs related to climate change mitigation.
The tender is effectively awarded, in accordance with EU logic, not on the basis of the economically most advantageous tender as such but in relation to the economically most advantageous life cycle in overall terms of function, application/implementation of qualitative, environmental and/or social aspects. The foregoing makes increasingly clear the often overlooked link with Report S 1676 “Green Connected to Stability Law 2014” and Tax Delegation legislation.
use of electronic simulation and BIM Building Information Modelling
The EU directive envisages the use of specific electronic instruments, such as building information simulation tools or similar systems.
BIM Building Information Modelling, a simulation and electronic and parametric modelling system, is used to identify, monitor and verify:
- the supply chain of operators, goods, services and related activities and responsibilities;
- construction, design and life cycle management, product, property and infrastructure stages;
- times and costs of investment and operating the work implemented during its entire life cycle.
This helps to enhance and ensure full respect for principles of transparency, equal treatment of economic operators, competition and market access opportunities, as well as reduce corruption-related risks.
The Text in question is currently under discussion in the Italian Parliament, continues to make no mention of all this and the reason for this is beyond understanding, since innovative design in the value chain and contextual monitoring of all work stages through BIM – compulsory in Northern European countries and Great Britain since 2016, as well as required for performing works abroad – precisely contrasts corruption and malfeasance.
Lastly, it should be noted that the EU itself has highlighted in relation to sustainable construction that the development of new computerised technologies, such as computer processing of building models, today helps strengthen efficiency and innovation in the sector.
Legality and social responsibility rating
Raise and strengthen the level of legality, transparency and competition by including the Legality Rating as defined in Article 5-ter of Decree-Law 1/2012, as amended by Decree-Law 29/2012, converted with amendments by law 62/2012, and Social Responsibility as defined in Legislative Decree n. 231/2001, at the same time as reinforcing and enhancing controls on the entire chain.
Source: Ascomac Press Office