Vatican Secretariat Publishes New Regulations Norms on transparency, control and competition in the procedures for awarding public contracts..."
The Secretariat for the Economy publishes the Regulations for the implementation of the Apostolic Letter in the form of a Motu Proprio dated May 19, 2020, entitled "Norms on transparency, control and competition in the procedures for awarding public contracts of the Holy See and Vatican City State".
Decree of the Pontifical Delegate No. 1/2021 on the Regulations for the implementation of the Apostolic Letter in the form of a Motu Proprio of 19 May 2020 containing "Regulations on the transparency, control and competition of public contracts of the Holy See and of the Vatican City State" , 22.06.2021
SECRETARIAT FOR ECONOMICS
Decree of the Pontifical Delegate n. 1/2021
Regulation for the implementation of the Apostolic Letter in the form of a Motu Proprio of 19 May 2020 containing " Regulations on the transparency, control and competition of public contracts
of the Holy See and the Vatican City State "
* . * . * . *
- having regard to the Rescriptum ex Audientia SS.MI of 6 July 2020, with which the Holy Father designated Father Juan Antonio Guerrero Alves as his delegate until 31 December 2020, with the power to interpret and apply, in the context of the Holy See, the 'Apostolic Letter in the form of a "Motu Proprio" on transparency, control and competition in the procedures for the award of public contracts of the Holy See and the Vatican City State' of 19 May 2020, and to determine how to resolve pending issues also with the issuing of transitional rules;
- having regard to the
Rescriptum ex Audientia SS.MI of 21 December 2020 with which the provision referred to in the previous line was extended until 30 June 2021;
- having regard to the Apostolic Letter in the form of a Motu Proprio, dated May 19, 2020, containing "Regulations on the transparency, control and competition of public contracts of the Holy See and of the Vatican City State" (hereinafter also Norma on public contracts - NCP) and subsequent amendments and additions, published on 1 June 2020 on the L'Osservatore Romano website, and in particular Articles 86, § 1 and 84, § 5;
- having regard to the Apostolic Letter in the form of a “Motu Proprio” I merci temporali , dated 4 July 2016, and in particular point 2, lett. to);
- having regard to the Statute of the Secretariat for the Economy, and in particular art. 15;
- considering the outcome of the consultations provided for by art. 7 of the Statute of the Secretariat for the Economy;
- considered the requests for clarification received by the Secretariat for the Economy from various Holy See bodies and the need for further interpretation of the NCP;
- considering the need to provide for the operational continuity of the Entities until the final settlement of the system;
- on the proposal of the Director of the Administrative Section of the Secretariat for the Economy;
- having heard the Commission referred to in the Rescriptum ex Audientia SS.MI of 21 December 2020;
I have adopted the following Decree:
Scope and exclusions
(articles 1, 2, letter a), 3, 4, 9 and 59 NCP)
§ 1. From an objective point of view, these Regulations apply to all purchases of services, supplies, works and works, pursuant to art. 1, § 1, NCP. All contracts, however denominated, by virtue of which, upon the acquisition by an Entity of a good or a service or the realization on behalf of the Entity of a work or work, money, other utility or economic advantage of any kind is paid to the economic operator.
§ 2. Subjectively, these Regulations apply to:
a) the Dicasteries and other bodies of the Roman Curia referred to in the Apostolic Constitution Pastor Bonus of 28 June 1988 and subsequent amendments and additions;
b) Institutions connected to the Holy See or referring to it, as identified on the basis of current legislation;
c) all legal entities indicated in the list approved by the Superior Authority on the proposal of the Council for the Economy;
d) the persons authorized to perform the functions referred to in art. 22 NCP and all the other subjects who, in any way, intervene or participate or are contemplated in the different phases of the registration procedure of the economic operators, the qualification of the employees, the award of contracts and the execution of the same or who may influence in any way manner, method of performance or the result of the aforementioned activities;
e) economic operators, from the moment of the request for registration in the Register pursuant to art. 31, § 4 NCP, or from the first contact with the Entity that announced the tender in case of participation in a public selective procedure.
§ 3. For the sole purposes of the provisions of art. 4, § 1, lett. a), NCP, are equivalent to employment contracts:
a) the contracts referred to in art. 11 of the General Regulations of the Roman Curia and art. 20 of the Regulations for lay managers of the Holy See and of the Vatican City State and subsequent amendments and additions;
b) limited to the Entities to which the Regulations referred to in the previous letter a) do not apply, the collaboration contracts stipulated exclusively with natural persons, concerning personal, continuous work and organized by the Entity that makes available to the lender the economic, material and human resources for carrying out the service itself;
c) contracts stipulated with individuals, relating to their appointment in the administration, control and management bodies of an Entity.
§ 4. Entities that need to stipulate contracts, in the hypotheses referred to in art. 4, § 1, lett. d) and 9 NCP, must forward, with a justified request to the Commission for confidential matters , a proposal for the management of the contract that reconciles the requirements of confidentiality with the principles of transparency referred to in the NCP. The contract can be managed by way of derogation from the NCP, within the limits of what is expressly established by the Commission, with its own provision.
§ 5. For the purposes of the provisions of art. 4, § 1, lett. e), NCP are excluded from the application of the NCP only purchases that are counted among the costs of the production of services and goods intended to finance the activities of the Entities, according to international accounting regulations.
§ 6. With reference to the maintenance, expansion and renovation of existing buildings in the Vatican City, the provisions of art. 3 of Law no. V on the economic, commercial and professional system of 7 June 1929.
§ 7. The Conventions stipulated by the Health Care Fund (FAS) with doctors and hospitalization, assistance and care facilities pursuant to art. 17 of its Statute and subsequent amendments and additions and concerning the health services provided to members.
(art. 2 NCP)
§ 1. The definitions mentioned in art. 2 NCP also apply for the purposes of interpretation and application of these Regulations.
§ 2. In addition to the definitions mentioned in paragraph 1, the following definitions are understood:
d) "NCP" the Norms on the transparency, control and competition of public contracts of the Holy See and of the Vatican City State adopted with the Apostolic Letter in the form of a Motu Proprio dated May 19, 2020;
e) "supplies" all types of things, goods and assets, tangible or intangible, movable or immovable, tangible or intangible, as well as legal and administrative documents or related documents, in any form, including electronic or digital, certifying ownership of such things and possessions or any right, title or interest relating to such things and possessions;
g) "works" or "works" means activities consisting in the construction, destruction, reconstruction, repair, equipment, installation and decoration of a building and any other type of intervention on the building itself;
i) "purchase procedure" means all the juridical and administrative acts, of any type and juridical form, put in place by the Bodies, by the Administration of the Patrimony of the Apostolic See, by the economic operators connected to each other in order to acquire services, supplies, works and works determined in quantity and quality, which begins with the attribution of the CIG and ends with the exact execution of all the obligations established in the contract;
k) "tender identification code" or "CIG" a code that uniquely identifies each purchase procedure and the relative file and which must be reported on all the deeds and documents making up the single tender procedure;
m) "Qualified Bodies" or "Decentralized Bodies" the Bodies that have been authorized to operate in derogation from centralization pursuant to art. 16 NCP.
n) "Civil Code" or "cc" the civil code in force in the Vatican City State.
Access to documents
(Article 8 NCP)
§ 1. In centralized procedures, access to documents is exercised with an application sent to the Administration of the Patrimony of the Apostolic See. In all other cases, the application is presented to the entity that permanently holds the document for which the exhibition is requested.
§ 2. Documents covered by secrecy are not open to display, except in the case of the Commission on reserved matters , in the provision mentioned in art. 1, § 4, has not authorized its disclosure to third parties.
§ 3. The request for access, to be presented in the cases referred to in art. 8, § 1, NCP, must be adequately motivated in relation to the current and concrete interest of the applicant. The interest must refer to a right that can be exercised in the Holy See and / or in the Vatican City State, according to the NCP. In any case, requests through which it is intended to carry out a generalized control on the activities of the Bodies or of an exploratory type are not admissible.
§ 4. If the application involves documents relating to individuals or legal entities other than Entities, the Entity that received the application must inform, within ten days, the counter-interested third parties, who may present a reasoned opposition to access within thirty days from the communication. The Entity decides on the application by evaluating and balancing the reasons of the applicant and those of the opponents, taking into account the provisions of Article 5, § 2, letter d), NCP.
Form and obligation to state reasons for acts
(art.10, §§ 1 and 2, NCP)
§ 1. The provisions and other acts of the purchase procedures adopted by the Bodies must be issued in writing and must be registered in accordance with the provisions of the Motu Proprio "La Cura Vigilantissima" even if they are not subject to publication in the Register. The documents published in the Register in electronic copy must bear a certificate of conformity to the original signed by the Head of the Register.
§ 2. The motivation consists of a clear and concise indication of the factual and legal conditions of the provision, of the description of the investigation carried out with indication of the subjects who took part in it and of the consequent assessments of the Entity that led to of the act itself. Acts which must necessarily be carried out or which must be adopted as a consequence of a previous act must indicate the provision or act from which the obligation to adopt them derives.
§ 3. The act or provision without motivation or with insufficient motivation cannot be annulled if the Entity proves that the content of the provision could not have been different from that actually adopted, taking into account the concrete and current interest of those who contests the lack of motivation or the inadequacy of the same.
§ 4. The motivation is not required for normative acts and for those with a general content, such as, by way of example, the implementing regulations, the general plan of purchases and the calendar of purchases.
§ 5. The authority to which it is possible to appeal against the measures of the Bodies is identified exclusively in the Tribunal of the Vatican City State.
Instances, preliminary investigation and compliance with the terms charged to the Bodies
(articles 10, §§ 3 and 4, and 6, § 2, NCP)
§ 1. All requests and documents forwarded to Bodies that are not accompanied by the documentation required by current legislation, are not presented on approved forms or present irregularities or incompleteness are declared inadmissible and unproductive in effect. The declaration of inadmissibility does not preclude the re-submission of the application or the renewal of the deed, as long as it is done in compliance with the terms established by current legislation or by the tender documentation.
§ 2. In compliance with the principle mentioned in art. 5, § 1, lett. e), of the NCP, before proceeding pursuant to the preceding paragraph, the Entity provides with the preliminary assistance by assigning the instant or the competitor a term, not exceeding five days, for the deeds and documents to be rendered, integrated or regularized irregular or missing, specifically indicating the irregularities or omissions to be remedied. In case of useless expiry of the term assigned for the regularization, the application is rejected and the competitor is excluded from the race.
§ 3. The deficiencies and irregularities of the acts that pertain to the technical and economic offer, or the deficiencies of the documentation that do not allow to identify the content of the act or the subject from which it originates, constitute essential irregularities that cannot be remedied.
§ 4. In competitive procedures, the tender documentation must expressly indicate the deeds removed from the preliminary investigation. The preliminary investigation is activated by the Judging Commission or, failing that, by the Head of the Procedure.
§ 5. In the event that preliminary investigation is ordered, the silent rejection is not completed in the terms referred to in Article 10, § 3, NCP while the term referred to in Article 10, § 4, NCP or the other terms provided the tender documentation or the law charged to the Entity are interrupted and a new deadline begins to run from the presentation of all the required documentation.
§ 6. For the purposes of the provisions of art. 6, § 2, NCP is also considered a holiday the day on which the Entity that must issue the provision observes a closing day according to the calendar approved on the basis of the provisions of the General Regulations of the Roman Curia. The office hours of the Bodies are published in the Register.
§ 7. The terms set by the Bodies are to be considered authorizing, except in the cases in which silent rejection is foreseen. Failure to comply with the terms by the Bodies does not cause the deed to be invalid, unless it is demonstrated that the delay caused immediate and direct damage to the economic operator or compromised equal treatment.
Programming, planning and centralization
(articles 19 and 20 NCP)
The activities relating to the compilation of the singular plan of purchases and formation of the General Plan are governed by instructions from the Secretariat for the Economy, in agreement with the Administration of the Patrimony of the Apostolic See, in accordance with the procedures established for the formation of the budget.
Skills in centralized purchasing
(articles 15 and 20, §§ 3 and 5, NCP)
§ 1. The Administration of the Patrimony of the Apostolic See proceeds with the purchase of services, supplies, works and works on the basis of the requests received with the singular plan of purchases. If a purchase previously included in the single plan has become no longer necessary, the requesting body must promptly notify the Administration of the Patrimony of the Apostolic See and the Secretariat for the Economy in application of the provisions of art. 5, § 1, lett. c) and g), NCP.
§ 2. In centralized procedures, even when proceeding with direct entrustment, the following are the exclusive competence of the Administration of the Patrimony of the Apostolic See:
z) defense in court in appeals concerning the regular performance of the purchase procedure and in disputes relating to the correct execution of contracts, without prejudice to the provisions of art. 2, §§ 2 and 3, of the judicial protection in the matter of transparency, control and competition of public contracts for the Holy See and the Vatican City State ;
aa) the receipt and payment of the related invoices, where the beneficiary Entity makes use of the centralized treasury system of the Administration of the Patrimony of the Apostolic See, ensuring that said invoices, also in electronic format, are made known to the Entity.
§ 3. Pursuant to art. 20, § 4, NCP, in the case of singular purchases, the faculty of the Administration of the Patrimony of the Apostolic See remains unaffected by its own provision to delegate to the requesting Entity all or part of the activities referred to in the preceding paragraph. In any case, in individual purchases, the Administration of the Patrimony of the Apostolic See ensures coordination with the requesting Entity in all the activities referred to in the previous paragraph.
§ 4. In centralized purchasing systems it is the responsibility of the requesting and beneficiary Bodies:
§ 5. The Administration of the Patrimony of the Apostolic See is also competent for the activities mentioned in the preceding paragraph in relation to the singular acquisitions that it has made from its own budget or if it has directly received the service.
Exceptions to centralization
(articles 16 and 17 NCP)
§ 1. Qualified Bodies, in relation to the categories of purchases for which they are entitled to proceed without making use of the Administration of the Patrimony of the Apostolic See, carry out autonomously the activities referred to in the preceding article, § 2, in compliance with all the other provisions of the NCP and of these Regulations.
§ 2. Qualified Bodies must transmit to the Administration of the Patrimony of the Apostolic See for publication in the Register all the acts and documents which, on the basis of the NCP and these Regulations, must be published. Qualified Bodies have the right to publish calls for tenders on their institutional website in addition to publication in the Register.
§ 3. When issuing the approval, the Secretariat for the Economy may delegate to the Entity the execution of the checks on the economic operators referred to in art. 11 and ss. NCP. In such cases, economic operators can be enrolled in the Register upon certification by the Entity that they have carried out the checks required by the NCP and following the transmission of the relative documentation to the Secretariat for the Economy. The Secretariat for the Economy can always carry out checks, even on a sample basis, on the documentation sent by the Bodies.
§ 4. The guidelines for managing the purchasing process in decentralized entities are established by the Secretariat for the Economy in Annex 1.
§ 5. The provisions referred to in the preceding paragraphs also apply to purchases by the Supervisory and Control Bodies referred to in art. 17 NCP as compatible.
Content of the purchase calendar
(Article 21 NCP)
Consistently and in compliance with the General Plan, the purchasing calendar indicates:
Subjects of the procedure
Responsible for the procedure and authorized persons
Responsible for the procedure
§ 1. The Head of the Procedure is appointed from among the employees of the competent Entity. A Manager can be appointed for one or more procedures.
§ 2. Before the start of the procurement procedure, the Head of the Procedure supervises the drafting of the tender documentation as per art. 39 NCP.
§ 3. The Head of the Procedure carries out investigative tasks in the context of the procurement procedure and the other functions provided for by the NCP and these Regulations, but cannot adopt definitive measures or enter into contracts. In particular, the Manager:
mm) starts the purchase procedure by requesting the Head of the Register to open the procedure file with the attribution of the tender identification code (CIG);
nn) sends the tender documentation referred to in art. 39 NCP and requests the Secretariat for the Economy to appoint a Commission of selection, indicating the number of Commissioners and the deadline for the submission of offers;
oo) takes care of the preparation of the answers to the questions submitted by the competitors and their publication in the Register, counting on the collaboration of designers and collaborators, in advance of the deadline established for the submission of offers and, if necessary, has the right to determine the deferral of the terms for the submission of offers;
pp) in the case of simplified tender procedures, based exclusively on the economic component and where the appointment of a Commission of selection is not envisaged, the Head of the Procedure opens the offers in public session and prepares a report containing the ranking, reserving the verification of the anomaly of the offered price and of the subjective requirements of the economic operators.
§ 4. In the exercise of his functions, the Head of the Procedure may make use of the structures and staff of the Entity that proceeds with the tender, on the basis of internal procedures of the Entity itself that comply with the criteria of transparency, traceability and segregation and definition of the different roles and which safeguard the coordination role of the Manager himself.
§ 5. The Head of the Procedure has the right to request the appointment of a Head of the Execution of the Contract chosen from among the officials or professional collaborators of the Body.
§ 6.The formal control referred to in Articles 55 and 76 NCP is aimed at verifying the acquisition of the documentation, authorizations and opinions required by law, by this regulation, by the tender documentation and by the internal procedures of the Entity, if adopted, and that this documentation has been submitted to assessment of the competent subjects in relation to the type of procedure. The verification does not extend to the correctness of the evaluations expressed by these subjects, nor does it imply an evaluation of the merits of the acts adopted by these subjects. The attestation regarding the outcome of the checks carried out in this way is made to the subjects appointed to sign, according to the internal regulations of each Entity, the final award provision
§ 7. The appointment of the Head of the Procedure can be omitted for direct assignments as per art. 34 and ss. if the Entity has adopted an internal procedure compliant with the aforementioned articles and which respects the principles of transparency, traceability, segregation of functions and definition of roles. The request for signing a contract to the Superior of the Entity countersigned by all those who have participated in the aforementioned procedure takes place for the checks and certification referred to in art. 55 and 76 NCP. The procedures must be submitted to the Secretariat for the Economy for approval.
§ 8. The activities of the Head of the Procedure, of the employees who collaborate with him and, in general, of the subjects of the procedure are of an endoprocedural nature and are exclusively attributed to the Entity, which assumes all responsibility towards economic operators and third parties. The provisions of the General Regulations of the Roman Curia and the Code of Canon Law remain valid.
List of qualified employees
(articles 22 and 23 NCP)
§ 1. In works contracts and in those involving elements that require particular technical skills, the experts and designers referred to in art. 22, § 1, lett. a), NCP may also be called to perform the function of responsible for the execution of the contract.
§ 2. The subjects registered in the List are divided:
qq) in classes of specialization by reason of the subject of the contract;
rr) in classes of merit, based on the value of the contract in relation to the qualifications and experience of the qualified subject in the field of specialization;
ss) in classes to which they belong, by reason of the Entity where they work in the case of permanent employees or professional collaborators who have a previous relationship with an Entity.
The employees of the Administration of the Patrimony of the Apostolic See and of the Governorate registered ex officio in the list are divided into the classes referred to in the previous paragraph in agreement between the aforementioned Bodies and the Secretariat for the Economy.
§ 4. The Secretariat for the Economy evaluates the inclusion of a new employee in the list at the time of his or her recruitment and, after hiring, in agreement with the Superiors of the Body where he works. .
§ 5. Entities that are not subject to the responsibilities of the Secretariat for the Economy for personnel management shall notify the same of each new recruitment accompanied by the employee's curriculum vitae for the purpose of evaluating the employment of the employee.
§ 6. The names are evaluated by a Commission composed of representatives of the Secretariat for the Economy, the Administration of the Patrimony of the Apostolic See and the Governorate of the Vatican City State.
§ 7. Inclusion in the list is made by notifying the Head of the Entity where the employee works.
§ 8. If the employees identified are not sufficient to guarantee adequate coverage of the needs that are deemed necessary, the Commission referred to in § 6, ex officio or on the recommendation of an Entity forwarded to the Secretariat for the Economy, verifies the availability of external professionals to be included in the list and to assign the assignment pursuant to art. 11 of the General Regulations of the Roman Curia.
§ 9. The authorization of the Secretariat of State, for the professionals referred to in the previous paragraph, is issued only once at the time of the inclusion of the professional in the list and can be revoked with a motivated provision. The contract is stipulated by the Secretariat for the Economy at the time of assignment of the assignment.
§ 10. If there is also a lack of professionals in sufficient number and specialization to satisfy the needs, the Administration of the Patrimony of the Apostolic See or the qualified Bodies, giving reasons for the decision, can proceed with the assignment of the assignment of expert or planner with the modalities of referred to in Title IV. The Secretariat for the Economy proceeds in the same way for the members of the Judging Commission.
Compensation for qualified parties
(art. 22, § 3, PCN)
§ 1. The remuneration to qualified persons, in charge of the functions of members of the Selection Boards, is determined according to the table in Annex 2 on the basis of the amount and complexity of the contract award procedure.
§ 2. The assignments to employees, if carried out during working hours, involve the obligation to make up for ordinary working hours.
§ 3. The remuneration recognized to employees, pursuant to paragraph 1, is not part of the remuneration paid for ordinary work and must, therefore, be understood as all-inclusive, not giving the right to social security and welfare contributions or other emoluments in any case connected to the remuneration from role work in bodies of the Holy See, connected to it or referring to it or in the Governorate of the Vatican City State.
§ 4. Any expenses incurred by qualified persons are reimbursed upon presentation of the relevant proof and must be previously authorized by the Entity that provides for their refund.
§ 5. In cases of exceptional technical complexity of the contract and related evaluations or in the case in which there is a need to protect the artistic heritage of the Holy See and of the Vatican City State, subject to the authorization of the Secretariat for the Economy, to assign a higher remuneration than that established in the previous paragraphs, provided that the selection of the qualified subject takes place among subjects with academic qualifications or experience that make them particularly qualified for the performance of the assignment. The authorization of the Secretariat for the Economy is not necessary if the selection takes place through a competitive procedure, as the rules relating to direct assignment are not applied in this case.
§ 6. In single purchases, the costs for the compensation and reimbursement of expenses of qualified parties are charged to the balance sheet of the entity that requested the purchase. In joint purchases they are charged to the budget of the centralized Authority which proceeds.
Appointment of the members of the Commission of selection
§ 1. The appointment of the qualified persons included in the List takes place upon request to the Secretariat for the Economy by the Head of the Procedure.
§ 2. The Secretariat for the Economy draws lots for qualified persons from among those belonging to the class of specialization and merit that qualifies them to take on the task in relation to the specific contract in question.
§ 3. These subjects are divided into groups according to the class they belong to. Those who, on the basis of information already in the possession of the Secretariat for the Economy, are incompatible or in conflict of interest are excluded from the groups. The draw takes place within each group in order to ensure that:
tt) in single purchases, including decentralized ones, at least one member of the Commission of selection belongs to the administration that requested the purchase or, in the event of a shortage of expert personnel, a component identified pursuant to art. 11, § 5, of these Regulations;
uu) in centralized purchases at least one component belongs to the centralized authority that proceeds with the purchase.
§ 4. A report is drawn up of the operations carried out and signed by all those who took part in them.
§ 5. The President of the Commission is appointed pursuant to art. 50, § 4, NCP; in the absence of agreement between the members, the President of the Commission of selection is appointed by the centralized authority or by the qualified body depending on who makes the purchase.
Incompatibility and conflict of interest
(articles 7, 13 letter g), 24, § 2 and 50, § 5, NCP)
§ 1. In application of the provisions of art. 7 and 13, lett. g), NCP:
vv) the incompatibilities referred to in art. 24, § 2 NCP also exist if the conditions set out therein exist between the employee, the collaborator and the professional included in the list of qualified subjects and a member of the administration and control bodies, a director, even technical, a shareholder of persons, a shareholder of a capital company with participation equal to or greater than those provided for by art. 2359 of the civil code, of an economic operator who has submitted an offer;
ww) even outside the hypotheses provided for by art. 24, § 2, NCP it is the duty of the qualified party, when making the declaration referred to in § 3 of the same article 24, to declare the situations and direct and indirect relationships with any of the bidders from which the own impartiality and independence.
§ 2.In application of the provisions of art. 7, 13 lett. g) and 50, § 5, NCP, economic operators who are in one of the situations referred to in art. 24, § 2, NCP or who have given advice to the designer, even free of charge, in relation to the realization of the project, except in cases where such advice has taken place in the form of a public consultation involving several companies potentially capable of submit an offer. The specification always provides for the existence of such relationships between the designer and economic operators as a cause for exclusion and, if it does not provide for them, they must be understood as inserted by law in the same specification as a replacement for the different provisions. The name of the designer is indicated in the call for tenders.
§ 3. The designer makes the declaration referred to in § 1, lett. b, to the President of the Commission of selection.
§ 4. The bidder economic operators declare that they undertake, also in the name and on behalf of the other operators participating jointly in the procedure and for a period of five years from the award of the same, not to assume or enter into collaboration contracts of any kind, also through an intermediary, with the employees of the Entity that launched the tender, who have exercised authoritative or negotiating powers on behalf of the Entity itself or have carried out the role of Head of the procedure, Head of the Register, member of Commission of selection, planner or expert in relation to the procedure itself or have been employees or professional collaborators of the supervisory and control bodies of the Holy See.
Requirements of economic operators
Documentation for registration in the Register
(Articles 11, 12, 13, 14, 31 and 33 NCP)
§ 1. At the time of the request for registration in the Register, economic operators must produce the documentation, self-certifications and self-declarations referred to in annex 3 of this decree.
§ 2. At the motivated request of the economic operator, the Secretariat for the Economy may also allow the documentation referred to in § 1 to be replaced with a further self-certification or self-certification, authorizing the registration on the basis of these and assigning a peremptory term. to the economic operator to provide the documents.
§ 3. The Secretariat for the Economy may request from the economic operator or acquire ex officio, also making use of the appropriate authorities of the Holy See and of the Vatican City State, any further documentation and information useful for ascertaining the effective application and the non-circumvention of the provisions of articles 11, 12, 13 and 14 NCP.
§ 4. The Secretariat for the Economy, having ascertained the completeness of the documentation produced and the existence of the requisites required, authorizes the registration of the economic operator by notifying the Head of the Register who provides it.
Absence of criminally relevant conduct
(articles 12 and 14 NCP)
§ 1. Economic operators subjected to investigations for the crimes, attempted or committed, referred to in letters a), d) and f) are excluded from participation in a procedure, from direct awarding of contracts and from registration in the Register. of the art. 12, § 1, NCP. Before proceeding with the exclusion, the Body, the Judging Commission or the Secretariat for the Economy may request the Authorities referred to in art. 14 NCP to carry out the checks provided for by the same article.
§ 2. In any case, the Authorities referred to in the preceding paragraph receive at least every six months the list of new economic operators enrolled in the Register and carry out, even on a sample basis, the relevant checks.
§ 3. Also excluded are economic operators against whom a preventive measure has been applied or who have received a first-degree sentence for a crime, attempted or committed, in relation to the categories of offenses referred to in art. 12, § 1. The category referred to in letter g) includes the offenses which, according to the provisions of the penal code of the Vatican City State or of the conventions to which the Holy See is a party, involve the accessory penalty of the prohibition on contracting with the public administration or configure the hypotheses referred to in article 14 of the NCP.
§ 4. Plea bargaining or similar forms of determining the penalty are equivalent to condemnation in the first degree.
§ 5. The causes of exclusion referred to in the preceding paragraphs cease:
aaa) five years have elapsed from the termination of the office of the representative, member of the administrative body or the loss of the status of shareholder for legal persons or from the change in ownership of the company.
§ 6. The Secretariat for the Economy and Bodies, also making use of the institutions in charge of this in the Holy See or in the Vatican City State, verify by all means that the causes of termination referred to in the preceding paragraph, letter d) are not are the result of simulated acts, falsehoods, fictitious headings and other tricks and deceptions aimed at circumventing the provisions of the law.
Privileged tax regimes
(Article 13, § 1, letter c), PCN)
§ 1. For the purposes of the provisions of art. 13, § 1, lett. c), NCP, the list of non-cooperative jurisdictions for tax purposes drawn up by the Council of the European Union is incorporated, including those States that have not yet fulfilled the commitments undertaken for the definitive exclusion from the list itself.
§ 2. The list is shown in attachment 4 of these Regulations and is periodically updated with a circular from the Secretariat for the Economy and published in the Register.
Danger of distortion of competition
(13, § 1, lett.h), NCP)
§ 1. Applications for registration in the Register are rejected:
bbb) presented by the members of the administration and control bodies, the directors, including the technical ones, of the employees of companies already registered in the same category of specialization;
ddd) presented by a shareholder, natural or legal person, who holds a controlling or liaison position pursuant to art. 2359 of the Italian Civil Code in a company already registered in the Register in the same category of specialization;
fff) in all other cases in which it can reasonably be demonstrated that there could be two or more companies referring to a single decision-making center registered in the same category of specialization.
§ 2. If none of the economic operators who find themselves in one of the situations referred to in the previous paragraph is already enrolled in the Register, but has only presented an application for enrollment in the same category of specialization, only the request that appears to have been received previously.
§ 3. Without prejudice to any criminal liability, the tender documentation always provides for the exclusion of both parties who, in relation to a single tender, present separate offers being in one of the conditions provided for in § 1.
§ 4. An operator already registered in the Register may request the registration of another company that is in one of the conditions referred to in § 1 for the sole purpose of joint participation with the latter in one or more tenders or of the assignment of one or more contracts. The company thus registered cannot autonomously participate in any tender or be directly entrusted with any contract except through the agent pursuant to art. 20 of these Regulations.
Cancellation from the Register
(articles 13, letter i), 34 and 63, § 6, NCP)
For the purposes of cancellation from the Register, the significant or persistent deficiencies referred to in art. 13, lett. i), NCPs are identified by assigning a rating to each economic operator by the Secretariat for the Economy on the basis of the assessments pursuant to art. 63, § 6, NCP.
Forms of collaboration between economic operators
(Articles 11, § 3, and 44 NCP)
§ 1. If provided for in the tender documentation, several economic operators can participate in the tenders by submitting a single joint offer and undertaking to perform the relative contract.
§ 2. The accepted forms of collaboration are:
hhh) the association of professionals;
kkk) further forms of collaboration between companies or economic groups provided for by the laws of the country in which the operators are established, as long as they are similar to those provided for in the previous letters.
§ 3. Companies wishing to jointly award a contract must apply for it when submitting the offer, declaring:
lll) the company that assumes the status of sole representative of all the companies involved and which has, on an exclusive basis, the right to carry out, also in the name and on behalf of the other companies, the acts of the tender procedure;
§ 4. All the companies involved must possess the requisites referred to in articles 11, 12, 13 and 14 of the NCP and, where required due to the type of selection procedure, be enrolled in the Register autonomously or in the form established by article 18.
§ 5. The companies, together with the other documentation required by the disciplinary, must provide a copy of the contract governing their relations signed by all the parties to the agreement.
§ 6. The tender documentation may provide that if one or more of the participants in the association is not registered in the Register, the temporary association or other forms of collaboration are allowed to participate in the selection procedure with reserve. The provisional award provision cannot be adopted until registration in the Register has taken place.
§ 7. Subcontracting may be permitted up to a maximum of thirty percent of the contract value.
§ 8.To satisfy the request relating to the possession of the technical and professional requirements, the economic operator can make use of the skills of other subjects. The tender documentation establishes limits and conditions for using the resources made available by another economic operator. The economic operator demonstrates to the contracting body that it will have the necessary means and requirements by submitting a declaration signed by the auxiliary company with which the latter undertakes to make available for the entire duration of the contract the necessary resources and means lacking the tenderer or the relative contract.
§ 9. The auxiliary company must not be registered in the Register, but must in any case satisfy the requirements of art. 11, 12, 13 and 14 NCP which are ascertained by the Commission of selection or, failing that, by the Head of the procedure.
§ 10. The use does not generate any rights of the auxiliary company towards the Entity. The competitor and the auxiliary company are jointly and severally liable towards the contracting body in relation to the services covered by the contract.
§ 11. The use of several auxiliary companies is permitted. In turn, the auxiliary cannot make use of another person and in relation to each tender it is not allowed, under penalty of exclusion, that the same auxiliary company makes use of more than one competitor, or that both the auxiliary company and the the one that makes use of the requirements.
Procedures for awarding contracts
General rules of selection and evaluation
Choice of selective procedure
(articles 36 and 37 NCP)
§ 1. The public selection procedure can be used if in the relevant category of specialization of the Register:
§ 2. Within the limits of the provisions of current legislation and these Regulations, the choice of the type of tender is made by the Administration of the Patrimony of the Apostolic See in the general plan or by the qualified Entity that proceeds with the purchase in its own singular plan.
Subjective criteria for selecting economic operators
(Article 47 NCP)
§ 1. The subjective selection criteria relating to the economic, financial and technical capacity of the economic operators must be relevant and proportionate to the object of the contract, bearing in mind the interest in having the largest and most qualified number of potential participants.
§ 2. In application of the principles mentioned in article 5, § 1, lett. e) and g), NCP, the tender documentation, justifying this point, can omit the provision of subjective selection requirements if irrelevant for the purposes of the correct execution of the contract, or if they are already certified by the operator's registration in the Register in the relevant category of specialization, without prejudice to the right to provide in the tender documentation that the Commission of selection or the person in charge of the procedure verifies the continuing existence of the requisites that led to registration in the Register.
§ 3. The economic and financial capacity is as a rule ascertained on the basis of the needs established by the Entity in the tender documentation through verification:
uuu) of any other element that allows to ensure the correct execution of the contract for its entire duration and compensation for damage in the event of non-fulfillment or professional error.
§ 4. Technical skills are usually ascertained on the basis of the needs established by the Entity in the tender documentation by requesting possession:
§ 5. The qualification requirements are assessed by establishing a minimum score that each operator must reach under penalty of exclusion, by attributing or subtracting points due to the presence or absence of the requirements established by the tender documentation. These scores do not interfere with those assigned for the evaluation of the offers.
§ 6. If certain requirements are assessed by the Entity as essential for the execution of the contract, the tender documentation, motivating the point, may provide that the same are established directly under penalty of exclusion, without the need to assign a score . The tender documentation may also establish a minimum score that the technical offer or an element of it must achieve.
§ 7. With reference to the demonstration of the requisites referred to in this article, the discipline of preliminary aid is applied.
§ 8. Certificates of any kind presented by economic operators are valid for twelve months from the date of their issue, even if the law of the country in which they were issued gives them a shorter duration. After this period, the certificates must be renewed under penalty of exclusion from the relative procedure.
Methods of selection of technical and economic offers
(Article 48 NCP)
§ 1. The evaluations of the technical offers are always expressed through the attribution of a score in a predetermined proportion, which provides for a maximum limit of points to be attributed for each technical and functional element susceptible of separate and autonomous evaluation.
§ 2. For all or part of the elements susceptible to independent and separate evaluation, the specification normally provides for the attribution of a score for the improvement proposals presented by economic operators in their offers, specifying:
§ 3. The technical and functional elements subject to separate and autonomous evaluation and the score that can be attributed are specified in the tender regulations.
§ 4. The evaluation of the economic offers is expressed through the attribution of a downward score proposed by the economic operator with respect to the auction base and is related to the technical score achieved by the offer according to the methods indicated in the tender regulations.
§ 5. The security charges, where foreseen, are not subject to an economic discount. The specification may provide for further aspects in relation to which the economic reduction is not allowed. In such circumstances, under penalty of exclusion, the economic offer must give separate evidence of the component subject to reduction and that not subject to reduction.
§ 6. For the evaluation of the technical and economic offers, the Administration of the Patrimony of the Apostolic See and the qualified Bodies use methods generally recognized as a guarantee of efficacy and transparency, adopting the most suitable one to satisfy the needs connected with the contract and giving reasons for the choice. also with reference to the sources from which the system was borrowed. The tender specifications must analytically report the type of system chosen, the degree of discretion assigned to the Commission of selection, the formulas used for the evaluations, the system of connection between the technical and economic offers and the system for evaluating the anomaly of the 'offer.
§ 7. In application of the principles mentioned in article 5, § 1, lett. e) and g), NCP and without the need for prior authorization from the Secretariat for the Economy, the tender documentation may provide that, in the cases provided for in Chapter III of this title, no score will be attributed to the technical and functional components by starting the competition only on the economic component.
§ 8. Only economic competition procedures must not include elements of evaluation subject to technical discretion. Each technical and functional element of the contract must be predetermined by the tender documentation. The tender is awarded, without the appointment of a Commission of selection, to the economic operator who has offered to perform the entire service at the most convenient price.
§ 9. Contracts that have as their object innovative products or services, or in which the selection of technical and functional elements has a significant planning character, can be announced at a closed price, without competition on the economic component, which is determined in a fixed measure in the tender documentation.
General rules of the procedure
Start of the procedure
(articles 37, 38 and 45 NCP)
§ 1. The single purchase procedure is initiated, according to the timing established in the Purchase Calendar, with the request to open the procedure file and to assign the tender identification code - CIG, by the Head of the procedure to the Head of the Register.
§ 2. For purchases that for any reason have not been included in the Single Plan, the opening of the procedure file cannot take place without prior verification by the Secretariat for the Economy of compliance with the approved budgets and other conditions provided. by current legislation.
§ 3. For purchases for which prior planning is arranged, the request for opening the file of the procedure and attribution of the CIG is forwarded by the Head of the procedure of the Entity in charge of the planning.
§ 1. On the basis of the complexity of the project, the three design levels - feasibility, definitive and executive - can be carried out in successive phases to be then brought together in a definitive project or be directly included in a single design document, after completion of the preventive checks.
§ 2. The technical and economic feasibility study identifies and reports the needs of the Entity in relation to its institutional purposes and determines the technical solutions that present the best relationship between costs and benefits. The technical solutions must indicate the typological, qualitative, functional, technological characteristics and the life cycle of the goods and services. Economic evaluations must also show foreseeable future costs.
§ 3. The definitive project fully identifies the works and works to be carried out, the goods and services and the tenders necessary for its completion, the time schedule for its completion and determines every relevant aspect.
§ 4. The executive project, in accordance with the definitive project, must be developed at a level of definition for which each element that has a cost is identified in type, quality, quantity, characteristics and price.
§ 5. Projects whose implementation involves spending commitments over the course of several financial years must be updated and verified every year and must be sent to the Secretariat for the Economy, together with the requests for allocation of the budget.
§ 6. The project, once completed, is included in the file of the procedure.
Tender documentation and request for appointment of the Selection Committee
(art. 39 and 50 NCP)
§ 1. The models referred to in article 39 of the NCP are identified in annex 5.
§ 2. The Head of the Procedure supervises the drafting of the tender documentation, subject to any communications referred to in Article 39, § 3, NCP.
§ 3. The Head of the procedure transmits the documentation to the Head of the Register for publication and sends a request to the Secretariat for the Economy in advance for the appointment of the Commission of selection, where applicable, giving the necessary information on the number of commissioners and on the deadline set for the submission of offers.
§ 4. The Secretariat for the Economy makes the appointment after the deadline for the presentation of offers.
Inspections and requests for clarification
(articles 29 and 42 NCP)
§ 1. The notice of the date and place of the inspections is contained in the tender documentation. The date of the inspection can always be changed by giving adequate notice and adequate publicity in the Register.
§ 2. Inspections can be carried out jointly. Where it is not foreseen as mandatory in the tender documentation, it is the responsibility of the economic operators to participate in the inspections. Failure to participate in the inspection and the subsequent submission of an offer entail acceptance by the economic operator for all purposes of the contents of the minutes and reports and the assumption of the risk of any incompleteness of the investigations carried out on his own.
§ 3. Economic operators can forward requests for clarification to the entity that launched the tender within the term established by the specification. Requests for clarifications are sent electronically and are published anonymously in the Register.
§ 4. The person in charge of the procedure takes care of the preparation of the answers and their publication in the Register within the deadline established in the tender documentation, well in advance of the deadline established for the submission of offers.
Public session and opening of tenders
§ 1. The sessions of the Commission of selection are held at the headquarters by the Administration of the Patrimony of the Apostolic See where the tender documentation is kept. Immediately after accepting the appointment deed, the Commissioners can hold one or more organizational meetings in which, among other things, the calendar of subsequent meetings will also be prepared and the President will be appointed. The calendar of the sessions will be published in the Register.
§ 2. On the date indicated by the President of the Commission for the opening of the offer, the Head of the Register gives the Commission the dossier of the procedure or provides the access credentials for its extraction from the computer system.
§ 3. Where the documentation is on paper, in the first session the Commission adopts every provision and expedient useful for the custody of the same between one session and another, so as to ensure its non-alteration and non-replacement.
§ 4. The first session of the Commission is open to the participation of economic operators who have submitted an offer, the Head of the Procedure and the Head of the Register or their delegates. The sessions in which tenders are opened are public and the economic operators, as well as their delegates, and the Process Manager have the right to participate and to express their observations.
§ 5. The Commission, in contradiction with the persons present at the session, verifies the integrity of the offers or any anomalies or irregularities in their presentation.
§ 6. If there are well-founded reasons to believe that the integrity of the offers or their confidentiality has been compromised, after having consulted the Head of the Register and the Head of the Procedure, the Commission orders the cancellation of the procedure. The reasons for the cancellation are given in the minutes.
§ 7. The procedure is not canceled but the offer is excluded if the anomalies, irregularities and non-integrity referred to in the previous paragraph concern only one or more offers and they are attributable to the fact of whoever made them. presented.
§ 8. A report is drawn up for all the operations referred to in this article, signed by the Commissioners, who certify the presence and statements of the attendees with a valid declaration up to a complaint of forgery. In any case, the Commissioners have the right to collect the signatures of those present.
§ 9. The public session can also be held with electronic audio and video connection of the persons who are entitled to participate as long as the same takes place with technical methods that guarantee the unequivocal identification of the participants and are allowed to fully exercise the faculties provided for by the paragraphs previous.
§ 10. By means of memoranda of understanding stipulated between the Administration of the Patrimony of the Apostolic See and the qualified Entities, the way to implement this article is defined for procedures not managed centrally and for the delivery and return to the Head of the Register of documentation relating to these procedures.
Reserved sessions and evaluation of offers
§ 1. The Commission of selection proceeds with the discretionary evaluation of its competence in reserved sessions in which only the members of the Commission can participate, under penalty of annulment of the entire procedure.
§ 2. Until the publication of the provisional award, the Commissaries are bound by official secrecy regarding the activities of the Commission and the outcome of their work. The Commissioners can always request clarification from the Head of the procedure as long as they do not derive any judgment on the offers presented.
§ 3. In carrying out its activities, the Commission of selection complies with the Guidelines referred to in Annex 6. Any exceptions to the Guidelines may be ordered by the Entity that proceeds with the contract with the prior authorization of the Secretariat for the Economy.
§ 4. In the event of an anomaly in the offer, the Commission decides by majority on the adequacy of the justifications offered by the economic operator. In the event of exclusion of the provisional contractor, the contract is awarded to the second in the ranking, provided that this offer is not abnormally low, in which case the Commission makes a new request for clarification and a new assessment of adequacy.
§ 5. In contracts with a value of less than 100,000 euros, the Commission of selection may decide not to proceed with the evaluation of the anomaly of the offers, giving reasons for which, based on the documentation already in its possession, it still considers the offer sustainable. The specification can identify the limits and conditions of these decisions by the Commissioners.
§ 6. The provisional award provision is communicated to the Head of the Register for immediate publication, together with the ranking, and any clarifications made during the evaluation of the anomaly of the offer. The request for access to the minutes of the reserved sessions must be presented pursuant to art. 3, §§ 2 and 3. The Commission also transmits to the Head of the Register all the documentation in its possession and relating to the tender for archiving.
§ 7. In application of the principle mentioned in art. 5, § 1, lett. e), NCP, the tender documentation, in the contracts awarded through the appointment of a Selection Committee, may provide that:
cccc) the checks on the documentation relating to the demonstration of possession of the qualification requirements and the causes of exclusion pursuant to art. 15 and ss. they are carried out by the contracting body, which then reports to the Selection Committee by means of a written report to be acquired in the procedure file;
dddd) the economic operators can certify all or part of the requirements by self-certification and the Commissioners request the demonstration of what is self-certified only from the provisional successful bidder.
The admission requirements are always assessed by the Selection Committee when a system is used to check them by assigning the scores referred to in art. 22.
Final award decision
(articles 55 and 76 NCP)
§ 1. At the outcome of the verification of the regularity of the entire procedure by the person in charge of the procedure, the provision for the definitive award is adopted and published.
§ 2. The tender documentation may provide that the term referred to in article 55 of the NCP is reduced or eliminated if the checks referred to in the previous paragraph have been carried out or are not expected to be of high complexity.
Simplified competition procedures on the economic component only
(articles 5, § 1, letters e) and g), and 48 NCP)
§ 1. In the simplified procedures, the tender documentation may provide for the start of the competition solely on the economic component:
eeee) for the purchase of goods and services that do not occur repeatedly or frequently and which, according to the General Purchase Plan, are worth a total of less than Euro 150,000 in a single financial year;
ffff) for standard goods and services whose technical and functional characteristics cannot be appreciably changed at the request of the Entity, as well as for services, supplies, works and works of less than € 40,000.00 characterized by high repeatability carried out through the catalog computer scientist;
hhhh) for contracts for goods and services for recurring or repetitive use if they have already been awarded twice with the system of the most economically advantageous offer without appreciable advantages in technical and functional terms.
§ 2. The Administration of the Patrimony of the Apostolic See and the qualified Bodies identify the procedures to be carried out in a simplified manner respectively in the general and singular plan of purchases.
§ 3. All the provisions of Chapters I and II of this title are applied as compatible, without prejudice to the provisions of the following articles.
Simplified tender procedure
(Article 39 NCP)
When the competition is based solely on the economic component, the tender procedure can be simplified as long as the draft contract contains every element governing the future relationship with the economic operator with the exception of the consideration and the name of the same.
Opening of tenders and provisional award
§ 1. The opening of the offers is provided by the person in charge of the procedure in a public session, it can also be carried out with electronic audio and video connection.
§ 2. In the same session convened for the opening of the offers, unless a further session is necessary if the terms referred to in art. 5, § 2, of these Regulations, the most convenient price is checked immediately, at the end of which the Head of the procedure draws up the report containing the ranking with the award, subject to verification of the anomaly of the price offered and the subjective requirements of suppliers.
§ 3. The provision of definitive adjudication is published at the outcome of the checks referred to in the previous paragraph.
§ 4. The contract can be strictly awarded only in the presence of at least three valid offers.
Identification of the economic operator
(Article 43 NCP)
§ 1. With the exception of the purchases referred to in art. 35, § 3, in the system of direct custody the opening of the file of the procedure in accordance with art. 24.
§ 2. For the assignment, as a rule, the proposals of at least three economic operators must be compared, including those not registered in the Register, unless:
iiii) this is practically impossible due to the total absence of competition in relation to the product or service object of the procedure;
jjjj) urgent action is taken in the cases and in the manner referred to in art. 37;
kkkk) an automatic rotary system has been adopted pursuant to art. 43, § 1, lett. a), NCP.
§ 3. In identifying the economic operators to be invited to submit an estimate pursuant to the previous paragraph, alternation between them must always be guaranteed and a concrete possibility of participation based on the principle referred to in art. 5, § 2, lett. c), NCP.
§ 4. Estimates can be negotiated pursuant to art. 5, lett. e) and g), NCP.
§ 5. The contract is awarded to the estimate which, from a summary resolution and the outcome of the negotiation, is more advantageous. In the event that the economic operator is not registered in the Register, the contract, under penalty of invalidity, cannot be signed until the registration has taken place.
§ 6. The award provision contains express motivation on the reasons for entrusting it to a specific economic operator. All the documents are collected in the file of the procedure and the contract must be published in the Register pursuant to art. 38.
§ 7. The dilatory term referred to in art. Does not apply to direct assignments. 56, § 4, NCP.
Contracts below the threshold
(articles 43, § 1, letter a), and 58 NCP)
§ 1. It is forbidden, under penalty of nullity of all contracts, the splitting of services to make them fall within the threshold referred to in article 43 of the NCP.
§ 2. In centralized contracts, procedures with a value of less than 40,000 euros are awarded by private negotiation for single purchases, or in any case in the absence of a contract for common purchases stipulated by the Administration of the Patrimony of the Apostolic See.
§ 3. Purchases of modest value services, supplies and small repairs can be carried out without formalities up to the maximum amount of 1,000 euros each and with an overall ceiling of 10,000 euros total per year, in compliance with the prohibition on splitting as per § 1. Greater or lesser overall annual amounts may be established at the time of approval of the budget.
§ 4. The Entity can proceed directly to purchases of modest value, within the context of the cash availability recognized to them with the budget, without the need to avail itself of the Administration of the Patrimony of the Apostolic See. In any case, it is mandatory to proceed through the centralized Authority if the purchases concern goods or services that are the subject of a framework contract stipulated by the latter, or if they are goods and services included in an IT catalog.
§ 5. For purchases of modest value, registration in the Register of economic operators is not necessary.
Absence of competition
(art.43, § 1, lett.b), and § 2, NCP)
§ 1. Cases of absence of competition for technical reasons constitute:
mmmm) situations in which the equipment and systems already in use at the Entity have characteristics that do not allow interoperability and interchangeability with other systems and, for this reason, the replacement of the economic operator involves the replacement of the aforementioned equipment and systems so that entrusting them to others is impractical or excessively burdensome for economic or technical reasons, taking care to assess the real infungibility of equipment and systems;
§ 2. The need to stipulate contracts in the cases referred to in the previous paragraph must be requested in the Single Purchase Plan, providing all useful information in this regard.
§ 3. In the cases mentioned in § 1, lett. a), b) and c), the Entity must have initiated a preliminary consultation with economic operators, including those not registered in the Register, by means of a communication containing the technical and functional specifications of the contract or by attaching the final project, if carried out, in order to verify the existence of convenient and practicable alternatives. The answers of the economic operators consulted must be provided to the Administration of the Patrimony of the Apostolic See and to the Secretariat for the Economy together with the singular Plan.
§ 4. The Administration of the Patrimony of the Apostolic See, if requested by the Secretariat for the Economy or if the investigations carried out by the Entity are not considered sufficient, can renew them or can launch a tender with the start of the competition only on the economic component, by setting the conditions proposed by the economic operator indicated by the Entity as an auction basis.
§ 5. In the case of qualified Entities, the Entity itself carries out these activities if requested by the Secretariat for the Economy.
§ 6. Contracts can be entrusted intuitu persons when the professional or the craftsman, with specific reference to the particular services covered by the contract:
pppp) has acquired in-depth and specialized knowledge of the needs of the Entity, also due to previous relationships with the same;
qqqq) has previously performed, also for third parties, the same service with results that the Entity evaluates with objective criteria of particular value and on the basis of a market survey no other professional or craftsman with the same experience is readily available;
rrrr) due to particular academic qualifications or scientific publications is exceptionally competent to meet the specific needs of the institution.
With its own provision, the Secretariat for the Economy can extend the cases in which it is possible to entrust intuitu personae contracts .
§ 7. Entities may proceed with the award of the intuitu personae contract with a motivated provision and documenting the conditions for this type of assignment, provided that the agreed price does not exceed the reference prices by ten percent. If the reference prices have not been detected for the particular type of service or, if detected, exceed the aforementioned threshold, the authorization of the Secretariat for the Economy is required.
Procedures of utmost urgency
§ 1. If the interventions of the highest urgency are carried out through the Administration of the Patrimony of the Apostolic See, the same, in case of urgent need, can take action without formalities, except to document as soon as possible the circumstances of the urgency and the acts performed according to the model referred to in Annex 7.
§ 2. In application of the principles mentioned in article 5, § 1, lett. e), NCP, the Administration of the Patrimony of the Apostolic See or the Entity provides for what is requested, choosing among the following the most rapid and suitable way to avert the danger:
§ 4. Only in the absence of such solutions is it possible to proceed with the operator who ensures in the quickest way the elimination of the danger.
Discipline and execution of contracts
Effectiveness and execution of contracts
(Articles 56, § 6, 62, § 1, and 63 NCP)
§ 1. The publication of the contract in the IT register is a condition for its effectiveness. The Bodies of the Holy See, where interested, can arrange for the registration of the contract with the Governorate of the Vatican City State.
Access to published documents is allowed:
§ 2. Entities that are effective beneficiaries, in whole or in part, of the service deducted in a contract for goods and services, common or singular, are responsible for the regular execution of the same, to the extent that each receives it and to verify the 'exact fulfillment of contractual obligations, according to the provisions of art. 1218 cc
§ 3. It is the duty of the beneficiary Bodies to provide:
§ 4. Upon the outcome of the checks referred to in the previous paragraph, the Entity issues the certificate of regular execution.
Responsible for the execution of the contract
(art. 62, § 2, PCN)
§ 1. In centralized purchases, the Entity benefiting from the service appoints the person in charge of the execution of the contract which, in turn, must report any negative event to the person in charge of the procedure. In the absence of an appointment, the person in charge of the execution of the contract is identified as the Officer who is responsible for the purchasing activities of the Entity.
§ 2. In the absence of adequate human resources among their personnel, the Bodies may request the appointment of an expert from among the subjects included in the list of qualified subjects.
§ 3. Qualified Bodies and the Administration of the Patrimony of the Apostolic See in their individual purchases adopt internal procedures to ensure an adequate segregation of functions between Head of the Procedure and Head of the execution of the contract.
Evaluation of economic operators
(art.63, § 6, PCN)
§ 1. On the basis of the models implemented in a specific computer application and the related compilation procedures, approved by provision of the Secretariat for the Economy, the Entity that is the effective beneficiary of a good or service and, if appointed, the Head of execution of the contract, each to the extent of their competence, must transmit to the Secretariat for the Economy the information relating to the fulfillment of the economic operators from which they have received services.
§ 2. The method of evaluation of economic operators is established by a provision of the Secretariat for the Economy and published in the Register.
The evaluation system must use objective and automatic systems that award or subtract a certain number of points.
§ 3. The rating of each economic operator is established by weighing all the evaluations expressed by the Entities, which are the actual beneficiaries of the related services, over a predetermined time frame and can be used as an evaluation element or cause for exclusion in subsequent tenders.
Duration of the contract
(Article 64 NCP)
§ 1. Contracts with continuous and periodic execution cannot be stipulated for a period exceeding three years.
§ 2. With these Regulations, the Entities are authorized, pursuant to article 64 of the NCP, to reserve, in the tender documentation, an option for extending the duration of the contract under the same conditions up to a maximum of further two years , in the event that a new tender has been launched but the same has not yet been awarded.
§ 3. Contracts other than those mentioned in § 1 must indicate the peremptory terms within which the services of the economic operators must be performed, establishing the penalties in the event of non-observance of the terms.
Modification of contracts
§ 1. All contracts, once stipulated, cannot be modified, extended, extended, restricted, transferred or assigned, not even with the consent of all the parties, nor can the obligations deriving from it, including credits, be subject of objective or subjective novation, assignment or transfer for any reason or of any other transaction that involves the modification or alteration of the parts or effects of the contract.
§ 2. The following are permitted:
§ 3. The price revision can never be envisaged where the commitment of the economic operator to keep his proposal firm, assuming the risk thereof, has been the subject of assigning a score, also following an improved offer, during the tender.
§ 4. Variations in progress are permitted in order not to prejudice, in whole or in a significant and significant part, the realization of the work or work or its use, if:
kkkkk) during the execution a state of places, things, plants, systems, data and documents of the Entity emerges that were not detected during the inspection and could not be using the diligence referred to in art. 1176, c. 2, cc
§ 5. The tender specifications and the contract always provide that the variants are awarded by private negotiation to the same original contractor, on the basis of the reference prices decreased by the discount percentage applied by the economic operator at the time of the offer.
§ 6. Variants which, on the basis of the previous paragraph, are found to have an increasing or decreasing incidence equal to or less than five percent of the award price are due by the successful bidder at the request of the Entity without revision of the agreed consideration. . Variants that involve an incidence of up to fifteen percent of the hammer price can be ordered by the Entity with a motivated provision also in relation to the fulfillment of the requirements referred to in § 4, without the need for the authorization provided for by art. 65, § 1, NCP.
They must always be authorized pursuant to art. 65 NCP the variants that:
lllll) have an incidence greater than fifteen percent of the hammer price;
mmmmm) are related to contracts awarded with the simplified procedure referred to in Articles 31 et seq .;
nnnnn) are related to contracts awarded by direct award pursuant to art. 34 and ss.
§ 7. Settlement and termination agreements cannot as a rule allow the payment to the economic operator of any form of loss of profit and must be previously authorized by the Secretariat for the Economy.
Extraordinary operations of economic operators
In cases where the economic operator is affected by extraordinary operations pursuant to art. 42, § 2, lett. c), the Administration of the Patrimony of the Apostolic See or the qualified Entity must verify that the new economic operator continues to meet the requirements for registration in the Register and any additional requirements provided for by the tender regulations. The same procedure is followed in the event of a transfer of equity investments in excess of thirty percent.
Final and transitional provisions
Contracts in progress, waivers and purchase plans
§ 1. Entities may renew contracts stipulated before the entry into force of the NCP up to 31 December 2021 under the same conditions if they are essential for the institutional functions of the Entity.
§ 2. Renewal agreements must provide for the Entity's right of withdrawal ad nutum without additional charges that are not already provided for in the contract stipulated previously and with notice not exceeding sixty days.
§ 3. Centralized Bodies must transmit to the Administration of the Patrimony of the Apostolic See and to the Secretariat for the Economy a copy of the contracts for which renewal is envisaged within fifteen days from the entry into force of these Regulations. The Administration of the Patrimony of the Apostolic See plans the tenders to ensure the new assignment of the contract by 31 December 2021, possibly delegating the Body pursuant to art. 7, § 3, of these Regulations.
§ 4. Once the new assignment has taken place, the Entity exercises the withdrawal from the previously stipulated contract according to the provisions referred to in § 2.
§ 5. The Entities that have requested the derogation from centralization, pending approval, proceed to call for tenders autonomously according to the proposed procedures. The communications referred to in § 3 are made only to the Secretariat for the Economy.
§ 6. The single purchase plan is mandatorily presented by the Bodies within the deadline indicated by a provision of the Secretariat for the Economy. In relation to the 2021 financial year, the general plan is carried out on an experimental basis and, for the purposes of the provisions of article 19, § 6, NCP, the budget of each entity takes the place of the singular plan of purchases.
§ 1. Until the implementation of the IT platform of the Register, publications and communications with economic operators are carried out through the website www.bandipubblici.va, without prejudice to the possibility of institutions to give greater visibility to the announcements also through their own institutional site.
§ 2. The other activities that require publication in the Register are carried out on paper by transmitting the acts and documents to the Administration of the Patrimony of the Apostolic See or to the Secretariat for the Economy according to the competence of each.
§ 3. The effectiveness of the provisions relating to purchases through the computer catalog is suspended until the IT platform of the Register is put into operation.
The attachments to these Regulations form an integral part of it and are updated and amended by means of a circular letter from the Secretariat for the Economy.
Real estate purchases and checks
(articles 68, 69 and 86 NCP)
§ 1. The provisions relating to transactions in the real estate sector and to monitoring and control are excluded from the scope of application of these Regulations.
§ 2. The Secretariat for the Economy will issue a Regulation implementing these provisions by 31 December 2021.
§ 3. Until the issue of the Regulations referred to in the preceding paragraph, the provisions of Titles I, II and III of these Regulations shall in any case apply to transactions in the real estate sector, insofar as they are compatible with the particular nature of said transactions.
§ 1. The provisions of the Decree of the Pontifical Delegate n. 1/2020, of 14 July 2020, continue to apply insofar as they are compatible with the provisions of these Regulations. The attachments to the said Decree are updated and amended by circular letter from the Secretariat for the Economy.
§ 2. The registrations in the List of qualified parties and in the Register of economic operators already made on the basis of the aforementioned Decree remain valid.
Publication and entry into force
This Decree is promulgated through publication on the L'Osservatore Romano website and enters into force on the day of its publication, before being published in the Acta Apostolicae Sedis and on the website www.bandipubblici.va.
Given in the Vatican, June 22, 2021
The Pontifical Delegate
Juan Antonio Guerrero Alves, SI
[00879-EN.01] [Original text: Italian]