Italian Public Procurement 2026: Legal Requirements For Foreign Companies

Italian Public Procurement in 2026: Legal Requirements for Foreign Companies

The Italian public procurement market in 2026 offers major opportunities for foreign contractors in construction, infrastructure, energy, healthcare and digital services. However, companies wishing to bid for public tenders in Italy must comply with strict legal, tax and administrative requirements.

From mandatory e-procurement procedures and SOA certification Italy rules to VAT registration, DURC compliance and joint ventures with Italian partners, entering the market requires careful planning.

This guide explains the key legal requirements for foreign companies participating in Italian public tenders and how to compete successfully for high-value contracts.

SOA Certification: What Is SOA Certification in Italy?

SOA certification is a qualification certificate required to participate in public procurement tenders for the execution of public works in Italy.

If your company intends to participate in tenders for public works contracts with a value exceeding €150,000, the SOA Certification is mandatory.

This certification qualifies the company to participate in tenders for categories of works (civil construction, roads, plants and infrastructure) and specific contract value classes. For foreign companies, SOA may be obtained by proving equivalent requirements or through reciprocity under EU treaties.

In summary, SOA certification Italy not only allows companies to access public sector opportunities, but also guarantees professionalism and technical capability.

Tax Identification Number for Foreign Companies: Do I Need an Italian VAT Number to Bid for a Public Tender?

Tax identification is the first step to operating in Italy.

• European VAT Number (VIES): If the company carries out only occasional intra-community transactions.
• Direct Tax Registration or Fiscal Representative: Required if the foreign company must issue invoices with Italian VAT or manage ongoing operations in Italy without a physical office (permanent establishment).
• Permanent Establishment: Recommended for long-term projects, ensuring smoother administrative management in dealings with the Italian Public Administration.

DURC and Tax Compliance: What Is a DURC in Italy?

The award of public contracts in Italy to foreign companies established in other Member States of the European Union is governed by Legislative Decree No. 36/2023 (Italian Public Contracts Code), implementing Directive 2014/24/EU on public procurement. Under the principles of free competition, equal treatment and non-discrimination, foreign companies may participate in public tenders in Italy under the same conditions applicable to domestic economic operators.

Pursuant to Article 24 of Legislative Decree No. 36/2023, participation in Italian public procurement procedures is subject to verification of the economic operator’s social security compliance. For Italian companies, this requirement is normally demonstrated through the DURC Italy (Single Certificate of Social Security Compliance), issued by INPS, INAIL and Building Funds.

In the case of a company established in Europe, the Italian DURC cannot be issued, since the company is not subject to Italian social security obligations. In such cases, the contracting authority must accept equivalent foreign documentation capable of proving compliance in the country of establishment.

Foreign companies participating in public tenders in Italy must therefore submit a certificate or statement issued by the competent foreign authority, confirming regular fulfilment of the social security obligations required under the laws of the country of origin.

If such document is unavailable, a substitute self-declaration may be submitted pursuant to Article 47 of Presidential Decree No. 445/2000, certifying compliance under the legislation of the home country. If requested by the contracting authority, a sworn translation of the submitted documentation may also be required.

Note for foreign companies: Foreign businesses must demonstrate equivalent compliance in their country of origin, but opening local social security positions in Italy is often required where personnel are employed in Italy.

ISO Certificates for Public Procurement (PPA): What is the ISO standard for procurement?

International certifications are increasingly often a mandatory requirement or a scoring criterion for companies that choose to participate in public tenders.

ISO 9001: Quality Certification (fundamental for SOA) is the main international standard for quality management systems. Although it does not constitute a mandatory requirement for participation, possession of the quality certification represents an important indicator of reliability, transparency, and organizational strength of the company. It is frequently a rewarding element in many tender notices, especially in the sectors of goods supply, professional services, and public works.

The certification demonstrates that the company adopts procedures designed to ensure services that comply with customer requirements and applicable regulations, while at the same time guaranteeing high standards of transparency, control, and traceability.

• ISO 14001: Environmental Sustainability Management is a voluntary international standard applicable to any type of public or private organization, which specifies the requirements of an environmental management system.

• ISO 45001: Occupational Health and Safety Management System applies to any organization, regardless of size, sector, or nature of its activities, and is designed to be integrated into existing management processes. It follows the same “High Level Structure (HLS)” as other ISO management system standards such as UNI EN ISO 9001 (quality management) and UNI EN ISO 14001 (environmental management).

Technical references and financial capacity for operators

The New Public Contracts Code (Legislative Decree 36/2023) defines the special requirements (technical and financial) as:

• professional suitability;
• economic and financial capacity;
• technical and professional capability.

In this sense, companies may be required to provide the Certificate of Execution of Works (CEL), i.e. documentation proving the successful completion of past contracts. This is necessary for those companies that, in order to participate in public procurement procedures, need to obtain the SOA certification, for which the CEL is indeed required.

Companies may also be required to demonstrate specific turnover, i.e. to prove that they have financial capacity proportionate to the value of the contract being tendered.

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.