#AGeditoria
AG has published the article by Luca Barbieri and Luca Mariani, “Public Contracts and Declaration of Equivalence: Critical Issues”, in the journal NT+ Lavoro, published by Il Sole 24 Ore.
The entry into force of Legislative Decree No. 209/2024 has more recently introduced significant amendments to art. 11 of Legislative Decree No. 36/2023 concerning the principle of applying the sector NCBA identified by the contracting authority or granting body.
Pending the issuance of the ministerial decree tasked with defining specific Guidelines, inconsistencies and critical issues remain, concerning, for example, the applicability of the indications issued by ANAC in a dedicated explanatory note under the previous regulatory framework, as well as the criteria and metrics for comparing contractual institutions for the purposes of the equivalence assessment, which in some cases could distort competition dynamics among economic operators.
Public procurement and declaration of equivalence: criticalities
