According to Italian regulations on public contracts, contracting authorities that intend to purchase goods, works and services falling within certain categories, have to include mandatorily in the relevant calls for tenders the technical specifications and contractual clauses identified by the so-called Minimum Environmental Criteria (in italian “Criteri Ambientali Minimi – CAM”).
This is the clearest example of how the principles of sustainable development embodied in the most recent European regulations on public contracts are concretely applied in the field of public procurement, in the context of the so-called sustainable public procurement and the promotion of the so-called “circular economy”. In this regard, the Italian public contracts code also includes other aspects, such as (i) the focus on the “product/service life cycle’’, which can be a criterion for evaluating the tenders beyond the mere price, (ii) the possibility of choosing flexible procedures, (iii) focus on “innovative solutions”, first and foremost in terms of efficiency within public procurement.
The specific expertisein the field of public contracts of the Firm’s professionals enables a high level of assistance in the drafting of documentation related to CAM and sustainable contracts in general, by means of the assistance to the sole responsible for the procedure:
- in the design phase of the purchase, with the identification of technical specifications, that comply with CAM regulatory provisions or apply them by analogy;
- in the definition of the clauses of the special contract conditions that should recall the requirements of the CAM;
- in the individuation of the evaluation criteria within the specifications that favor solutions aimed at efficiency and sustainability.
The Firm can also assist private operators in the preparation of documentation for the participation in tenders and in verifying the correct compliance of the tenders issued with the CAM sustainability requirements (so that investments in innovation and sustainability of companies are not hindered by the correct form of contract notices by the contracting authorities).
In the performance of the above services, the Firm can offer, in addition to a team of lawyers specialized in public contracts and contractual solutions for energy efficiency, the support of experienced professionals also on technical aspects related to the characteristics of the purchased goods and services.
