Social and environmental clauses will be behind a “virtuous” reform of the public procurement sector and for economic recovery through Italy’s Recovery and Resilience Plan (PNRR).
One of the first regulations aimed at giving operational indications for implementing in Italy the PNRR is Law-Decree n. 77/2021 converted into Law on 31 July 2021 n. 120 (known as the “Simplification II”), which has provided for a system to simplify and speed up the awarding of contracts for public works connected to the PNRR.
The most important provisions are those aimed at requiring specific clauses to be included in the calls for tender – otherwise risking exclusion – aimed at promoting the recruitment of women and people aged under 36, with an obligation to ensure that at least 30% of those hired for the execution of the contract are young people and / or women.
In addition, systems for ensuring a work/life balance, innovative ways of organising work and measures for guaranteeing gender ratios in hiring, salary levels and top positions will be favoured.
Since public sector contracts are one of the main tools available to public administrations for promoting the economy’s sustainable growth, those are truly innovative rules that will have a radical impact on the organisation of operators in the sector.
If (private) subjects not meeting these requirements find their access to PNRR (public) contracts denied or at least heavily penalised, a “virtuous circle” will be created between public and private sectors, and it will become inevitable for operators to adapt their business organisation rapidly and radically.
Likewise the Law also introduces provisions aimed at “simplifying” public works by promoting digitalization and technological innovation, including the use of the Building Information Modeling (“BIM” -, i.e. the process supported by various tools to optimise planning, construction and management of buildings).
Lastly, other provisions will also have a significant and immediate impact to speed up tenders and contracts connected to the PNRR, such as the negotiated procedure with 5 invitations instead of the open procedure, shortened deadlines for offers submission, bonuses for each day early of completion of the works, increase in the advance payment up to 30% and the signing and immediate start of the contract.
Also important, if finally implemented, will be the reduction in the number of contracting authorities and the qualification and specialisation of public administration staff. Nowadays, these innovations concern works connected to the PNRR only, but all public contracts will soon be reformed in the direction of environmental and social clauses and references to digitalization and technological innovation. Hence the PNRR will be an opportunity to reform (again) a fundamental sector for the concrete implementation of "recovery and resilience" and therefore for the national economic revival.