The implementation of decree D.P.R. 34/2000 opened up new scenarios for enterprises operating in the public works sector. The law now requires such enterprises to hold a “Certificate of Qualification” to participate in bids for public works contracts.
The Certificate is issued by the appropriate Certification Body (Società Organismo di Attestazione or SOA), whose task is to ensure that the enterprise actually meets the provisions in terms of general order, technical and organisational standards and economic and financial requirements to carry out public works as provided for by D.P.R. 34/2000.
This Certification defines the categories of works for which an enterprise is qualified to tender and the maximum amount of the call for bids for which it can compete in virtue of its “turnover in terms of works”.
D.P.R. 34, dated 25 January 2000, made the SOA legally responsible for certifying enterprises intending to participate in competitive bids to carry out public works.
SOA are bodies established under private law that are authorised in Italy to assess and certify that a company is entitled to qualification under the new law.
Any SOA can issue certification once it has verified the requirements as defined in detail for every category to which the enterprise wishes to gain access. Enterprises are assessed on the basis of their turnover, the amount of works, costs and personnel expenses, their technical equipment and the presence in whole or in part of a Quality System.
Such certification is compulsory to prove that a company is fit to participate in bids for the award of contracts for public works above an amount of €150,000 The reasons underlying the need for certification, however, go much further. The law has been modified to provide that certification of qualification on its own is a necessary and sufficient condition for proof of conformity with the qualification requirements; this means that the agencies awarding contracts may no longer require bidders to obtain qualification that is based on characteristics, requirements or methods that differ from those stipulated by the regulations.
In this perspective, certification is now not just a legal obligation, but also an instrument to guarantee greater transparency and impartiality, thereby protecting the bidding enterprise and the end customers for public works.