working with preferred suppliers our issues. difficulties due to the ministerial homologation in...
TRANSCRIPT
WORKING WITH PREFERRED SUPPLIERS
OUR ISSUES
Difficulties due to the ministerial homologation
In Italy, the Ministry for Infrastructures has
established that some systems necessarily
require a homologation certificate prior to
the installation.
Difficulties due to the application of the availment procedure
The legislative decree no.163/2006 introduces the availment as a law principle to be
respected in public procurement competitions for the supplying of works, services and goods.
WHAT DOES AVAILMENT MEAN? (continued)
AVAILMENT is when an economic operator declares that he can avail himself of (= make use of) requirements belonging to another economic operator: an “auxiliary” company “lends” to a “helped” company its requirements, thus remaining unconnected with the competition and the subsequent contract.
At the same time the auxiliary company is asked to formally commit itself, both towards the validated company and the contracting party, to put at the disposal of the validated company all resources this one should be lacking in, for the whole duration of the contract.
WHAT DOES AVAILMENT MEAN?
Constraints (continued)
The constraints deriving from the application of the availment procedure in PPI represent a risk for the technicians testing the prototypes. In fact, the availment generates a dangerous prescriptive gap, because some companies, asked to produce control systems requiring to be homologated, being unable to get it directly, could declare that they are in possession of it thanks to the availment, and as a consequence of it, a plant engineer could install the homologated product of another company.
Responsibility
The open issue is the following:
in case of
anomalous working/failure/mistake,
who will be responsible for it before the Court?
Difficulties due to the electronic marketplace of the Public Administration – MePA (continued)
The Italian scenario includes electronic purchasing tools managed exclusively by CONSIP at Central PA level, as well as other tools at regional and local level managed by ad hoc purchasing agencies or by departments within the administration*.
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*Ministero dell’Economia e delle Finanze, Quaderni CONSIP, “The Electronic Marketplace of the Public Administration – MEPA, Scenario, Operation and Trends, Rome, 2009.
Difficulties due to the electronic marketplace of the Public Administration - MePA
Unfortunately, CONSIP - MePA is only for Italian companies.
So, foreign companies cannot be included in the MEPA suppliers’ list.
Can the creation of a “EU MEPA suppliers’ list” be encouraged by P4ITS?
