Public Procurement In Italy

How to Participate in Italian Public Tenders

Public procurement in Italy represents an important business opportunity not only for Italian companies, but also for foreign companies, both EU and non-EU. However, the Italian public procurement system is governed by complex regulations that require a thorough understanding of legal requirements, procedures, and the documentation needed to participate in public tenders in Italy.

In this article, we will explain who can participate in public procurement in Italy, where to find public tenders in Italy, and which legal requirements and documents are required for foreign companies wishing to access the Italian public contracts market.

What is the public procurement law in Italy?

Public procurement law in Italy is mainly governed by the Italian Public Contracts Code (Codice dei Contratti Pubblici), which regulates how public authorities purchase works, services, and supplies.

The current core legislation is: Legislative Decree No. 36 of 31 March 2023 (Nuovo Codice dei Contratti Pubblici)

This Code implements and aligns Italian law with EU public procurement directives.

In particular, Italian public procurement law is based on EU principles, including:

• Transparency
• Equal treatment and non-discrimination
• Free competition
• Proportionality
• Publicity of procedures
• Value for money

EU and extra UE companies can participate in public tenders in Italy?

European Union Companies

Companies established in an EU Member State may freely participate in public procurement procedures in Italy, pursuant to the principles of free competition, equal treatment, and non-discrimination laid down by EU law and implemented in the Italian Public Procurement Code (Legislative Decree No. 36/2023).
There is no requirement to have a registered office or branch in Italy, provided that the company is duly incorporated in its home country and meets the requirements set out in the tender notice.

Non-EU Companies

Non-EU companies may participate in public procurement procedures in Italy if:

• their country of origin has entered into international agreements with the EU or with Italy;
• the tender notice does not provide for specific restrictions;
• they are able to demonstrate requirements equivalent to those required of EU companies.

Alternatively, participation may take place through temporary groupings of companies (RTI), consortia, or reliance (avvalimento) on the capacities of European or Italian companies.

What Is a Tender Notice and Where Do I Find Them?

A tender notice is an official public announcement issued by a public authority or contracting entity to inform the market that it intends to award a public contract for works, services, or supplies.

In practice, a tender notice invites economic operators (companies or professionals) to submit bids in a competitive procurement procedure.

Public tender notices in Italy are published through several official channels:

• ANAC platform (National Anti-Corruption Authority)
• Official Journal of the European Union (TED – Tenders Electronic Daily) for above-threshold contracts
• MEPA – Electronic Market of the Public Administration
• Regional and local e-procurement platforms
• Institutional websites of individual contracting authorities
• Ministry websites

How to participate in public procurement in Italy and public procurement requirements

To participate in a public procurement procedure in Italy, a company (Italian or foreign) must meet specific requirements:

1. General requirements

These relate to legal and moral aspects and must be met by any economic operator wishing to participate in a tender procedure, including:

• Absence of grounds for exclusion, such as serious criminal convictions for corruption, mafia-related offenses, or other unlawful activities.
• Tax and social security compliance.
• Legal capacity.

Article 94 of the Italian Public Procurement Code also provides for automatic grounds for exclusion, namely serious and definitively established violations. Due to their nature, these violations are not subject to discretionary assessment by the contracting authority, which, once their existence is verified in relation to a tenderer, must proceed with the immediate exclusion of that operator.

2. Special requirements

Provided for under Article 100 of the Public Procurement Code, these may be required by the contracting authority in addition to the general requirements.

In this regard, it is necessary to distinguish between the rules applicable to supply and service contracts and those applicable to works contracts.

Supply and service contracts

For supply and service contracts, the special requirements relate to:

• Professional suitability, namely registration with the Chamber of Commerce, Industry, Handicrafts and Agriculture, with the provincial registers for handicrafts, or with the relevant professional bodies for an activity related—though not necessarily identical—to the subject matter of the contract.
• Economic and financial capacity, consisting of a global turnover not exceeding twice the estimated value of the contract, achieved in the best three years of the five years preceding the launch of the procedure.
• Technical and professional capacity.

Works contracts

For works contracts with a value equal to or exceeding €150,000, economic operators are required to demonstrate:

• Previous experience in similar works or services.
• Qualified personnel.
• Possession of technical certifications (ISO, SOA, etc., if required).

For public works contracts with a value equal to or below €150,000, economic operators must meet the following technical and organizational requirements:

a. The value of similar works directly carried out in the five years preceding the publication date of the tender notice must not be lower than the value of the contract to be awarded;
b. The total cost incurred for employed personnel must not be less than 15% of the value of the works carried out in the five years preceding the publication date of the tender notice. Where the ratio between such cost and the value of the works is lower than required, the value of the works is proportionally and notional reduced in order to restore the required percentage; the notional reduced value of the works is used to demonstrate compliance with the requirement under point (a);
c. Adequate technical equipment.

The above requirements are not required where the economic operator already holds the relevant SOA certification for the works to be carried out.

Public procurement documentation in Italy

The documentation varies depending on the tender notice, but generally includes:

1. Administrative documentation

This includes all documents certifying the company's legal, tax, and social security compliance:

• DURC: certifies regular contributions to INPS, INAIL, and the Construction Workers' Fund (Cassa Edile).
• Self-declarations attesting the possession of general and moral requirements, the absence of grounds for exclusion, and eligibility to contract with the Public Administration.
• Certifications required by the tender notice: for example ISO certifications, SOA certification (for public works contracts), or other sector-specific accreditations.
• Identification documents of the legal representative and any required powers of attorney or delegations.
• ESPD (European Single Procurement Document – DGUE): a self-declaration by the company concerning its financial standing, technical capabilities, and suitability to participate in a public procurement procedure. It is available in all EU languages and is used to preliminarily indicate compliance with the requirements set out in EU public procurement procedures.
• Proof of payment of the ANAC contribution, if the contract value is equal to or exceeds €150,000.
• Chamber of Commerce certificates or equivalent foreign certificates.
• Financial statements and bank references.
• Technical and professional certifications.
• Sworn translations of foreign documents, if required.

2. Technical documentation

This documentation is intended to demonstrate the company's technical and professional capacity in relation to the subject matter of the contract:

• Company profile (curriculum): including a description of similar contracts performed in recent years.
• List of main supplies or services carried out: specifying clients, contract values, and dates.
• Equipment, machinery, and qualified personnel: detailed list of available technical resources.
• Technical quality certifications: such as ISO 9001, ISO 14001, etc., if required by the tender notice.
• Operational plan and work or service schedule: to demonstrate the technical feasibility of the offer.

3. Economic documentation

This includes the financial elements of the offer, which vary depending on the type of procedure (most economically advantageous tender or lowest price):

• Financial offer: the price or percentage discount offered compared to the tender base amount.
• Summary cost breakdown: detailing expected costs (labor, materials, overheads, profit).
• Price justifications: if required, to demonstrate the economic sustainability of the offer.
• Bid bond (provisional guarantee): equal to 2% of the total value of the procedure indicated in the tender notice or invitation.

Documents issued abroad must be translated and, depending on the country of origin, legalized or apostilled.

Arnone & Sicomo International Law Firm: How We Can Help You

Arnone & Sicomo is an international law firm based in Italy, providing highly qualified strategic and operational legal advice in the field of public procurement in Italy for foreign companies. We offer a tailored approach focused on regulatory compliance, risk mitigation, and maximizing the chances of winning public tenders.

In a competitive and complex environment such as Italian public procurement, relying on specialized professionals is not merely a prudent choice, but a true strategic investment for successfully operating in the Italian market. For foreign companies (EU and non-EU), legal support is essential to assess market access, ensure compliance with ANAC requirements, manage e-procurement platforms, and evaluate the possible establishment of partnerships or joint ventures.

The lawyers and consultants of our team, with extensive experience in public procurement law and international public contracts, assist foreign companies at every stage of the administrative procedure: from the analysis of the tender notice, to the verification of participation requirements; from the preparation of legal and administrative documentation, to the management of relations with contracting authorities and representation in litigation and dispute resolution.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.