Are you a foreign supplier who wants to participate in a tender in Italy?
What you have to do first of all is to comply with the needs of the Italian Public Administration (Pubblica Amministrazione) and the European legislation on procurements.
In order to be recognized as an economic operator in Italy, you must think first of all:
1) Obtain the Italian tax code (Codice Fiscale) as an administrator of the company;
2) Obtain an electronic signature to sign the documents to be sent to the Contractor;
3) Open a certified e-mail box, “PEC”;
4) Register your company, when requested, in the “white list” register of companies held by the Local offices of the Government (Prefetture);
5) Obtain, when required by the procurement, a tax domicile of the company in Italy;
6) Register and obtain the FVOE as an economic operator certified by the National Anti-bribery Agency.
7) Obtain the European Single Procurement Document (DGUE or ESPD) certifying compliance with the requirements for participation in tenders in the European Union.
Once you have obtained the tools to be qualified as an economic operator, you will need to examine the tender notice and the requested requirements.
Under Italian law, most public certifications can be replaced by a self-declaration by the company administrator, who will certify the requirements.
Should it be necessary to file documents in a foreign language, they will need to be translated and legalized.
Additional steps to consider when applying for Italian tenders:
The tenders sometimes require the provision of bank or insurance guarantees. It is important to ask your bank/insurance the availability to provide the guarantee. Most of the time, the Contracting Authority allows applicants to make a wire transfer in order to pay the guarantee.
It will also be necessary to have all the documentation relating to the company. The most common documents required are:
- company registration certificate;
- articles of association;
- last annual returns;
- declaration of the director’s powers.
After the administrative documentation preparation phase, the correct draft of the technical and economic offer to be included in the tender envelope with all the call requirements must be paid attention to.
For a long time now, most tenders have been available electronically, allowing faster loading of the required documents.
Final stage of the procedure.
The final phase of the procedure involves participation in the opening of the envelopes containing the offer and administrative documentation.
If there are valid reasons for exclusion from the tender due to a lack of one of the requisites required by the call, it is possible to appeal or require a “soccorso istruttorio“.
Each tender has its own rules, more or less complex depending on the assignment to be entrusted.
Therefore, participating in a tender in Italy is a complex operation. It requires careful analysis and drafting of the documentation to be presented. For this reason, it is advisable to rely on experts in the tender sector.
Tender’s lawyers know the technical legal language to correctly draft all the documentation and comply with Italian and European legislation.
Participating in an Italian tender is a challenging but essential step for those who want to expand their investments in Italy and Europe.
Looking for legal assistance when participating in Italian Tenders and Procurements? Book a consultation with us.
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