Crime and enterprises: too often, the two sides of the same coin. Italy knows it perfectly as well as its capital, which recently crashed in the “middle-world” after the reporting scandals of Mafia Capitale: this awareness has resulted in the need to prevent situations in which the only thing to be done is to remedy the disaster.

The tenders awarded by Roma Capitale will no longer be directly entrusted, except several cases: this is the new trend followed by the Municipal Council which, in cooperation with the Anti-corruption Authority, has presented to the Capitoline Hill a package of measures based on the following changes:

-    Each year, within 120 days after the approval of the financial statement and, in any case, no later than September, 30 the contracting stations should fill a scheduling document of tenders;

-    Every three months the contracting station should indicate to the relevant Departments and, in any case, to the Legality Department, all the directly awarding and negotiated procedures, specifying the amount, the contractor and its legal representative;

-    Early procurements should be strictly motivated, indicating the estimated and actual times for the execution of the award;

-    The procurements of services and  the ones of supplies which are frequently bought, it is preferable to conclude framework agreements, with a minimum period of three years, according to a subdivision into functional lots;

-    The criterion for the award is recommended to be that of the “lower price”, limiting the  “most economically advantageous” one only to the cases in which the service should be improved;

-    The evaluation of the technical tender and the economic one should be about 40/60;

-    All the provisions referring to the minimum requirements for participation and/or justifying an excessive discretion of the contracting stations shall be removed from the tender documents;

-    The use of any procurement procedures different from the open ones would need to be strictly justified and communicated to the relevant political bodies;

-    The companies, which are registered with the lists of approved operators, will be able to participate to the procurement procedures different from the open ones only by drawing lots without any discretion on the part of the budget spending centre;

-    Members of the evaluating committees and other decision-makers should be registered in an internal list and will be designated in accordance with a rota criteria and by drawing lots;

-    All the principles of open and restricted procurement procedures will cover also the informal tenders;

-    The registration of the companies with the list of approved operators for the informal tenders is only permitted if organization, management and control models (L.D. 231/2001) are employed;

-    The 231 model will be a specific award criterion in the informal tenders.

All these above are strictly but necessary measures to ensure procedural transparency and correctness especially in fields subject to criminal infiltration.

The last two measures, the ones for the companies instead of the contracting stations, deserve particular attention: the adoption of the Organization Model according to Decree n. 231/2001 will allow a greater involvement of companies at the procurement procedures and a better position in the tender ranking.

The reason is clear: the prevention of offense-risk is a guarantee of legality to invest on.