Anac: indications in aid of contracting stations on controls and checks in the execution phase

As a result of the numerous anomalies and irregularities found during a widespread supervision activity on contracts, Anac - in aid of contracting stations - has resolved four indications, to improve the execution phase of contracts, as in it is translated the care of the public interest underlying the call for tenders.

1. Correct configuration of the lex specialis and the tender contract and verification of improvements.In Anac's opinion, it constitutes good administrative practice to provide detailed information in the tender documents, to prepare verification checklists and to carry out surprise inspections on a periodic basis. This is to avoid the control carried out by the DECs and the RUPs being only subsequent, i.e., initiated by reports from service users or negative feedback related to critical and pathological events in the performance rendered by the contractor. 2. Implementation of the organizational structure assigned to carry out controls.Each contracting station must undertake to provide those charged with carrying out controls (RUP and DEC) with the most appropriate training, as well as the most adequate resources and instrumentation. The centrality attributed in the new Public Contracts Code to the principle of results constitutes a priority criterion, among other things, for assessing the responsibility of personnel performing administrative (or technical) functions in the planning, design, awarding and execution phases of contracts. 3. Conduct of controls from a substantive point of view.DECs and RUPs must not only carry out activities of a formal nature, but perform, with ownership, all the functions attributed to them by the code (Articles 114, 115, 116 and Articles 31 et seq. of Annex II.14, of Legislative Decree 36/2023). It follows that the attestation that the controls have been carried out should not be limited to mere formulas of style, but should be in line with the provisions of the individual Special Specifications, supplemented by the technical offer (so-called substantial control). 4. Verbalization of control activities carried out during the execution of the contract.Finally, ANAC invites contracting stations to verbalize all control activities, to give evidence of the checks carried out, their outcome and the measurability criteria used, by virtue of Article 31, paragraph 2, of Annex II. 14 to the code, according to which the technical-accounting control activity must be evidenced by special minutes. For further discussion:- ANAC Resolution, no. 497/2024;- Articles 114, 115, 116 and Articles 31 et seq. of Annex II.14, Legislative Decree 36/2023.