Defence and security procurement—Italy—Q&A guide

The following Public Law practice note provides comprehensive and up to date legal information covering:

  • Defence and security procurement—Italy—Q&A guide
  • 1. What statutes or regulations govern procurement of defence and security articles?
  • 2. How are defence and security procurements identified as such and are they treated differently from civil procurements?
  • 3. How are defence and security procurements typically conducted?
  • 4. Are there significant proposals pending to change the defence and security procurement process?
  • 5. Are there different or additional procurement rules for information technology versus non-IT goods and services?
  • 6. Are most defence and security procurements conducted in accordance with the GPA or other treaty-based procurement rules, or does this jurisdiction commonly use the national security exemption to procure them?
  • 7. How are disputes between the government and defence contractor resolved?
  • 8. To what extent is alternative dispute resolution used to resolve conflicts? What is typical for this jurisdiction?
  • 9. What limits exist on the government’s ability to indemnify the contractor in this jurisdiction and must the contractor indemnify the government in a defence procurement?
  • More...

Defence and security procurement—Italy—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to defence and security procurement in Italy published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Bird & Bird LLP—Simone Cadeddu; Jacopo Nardelli; Chiara Tortorella; Maddalena Was

1. What statutes or regulations govern procurement of defence and security articles?

Procurement of defence and security works, equipment and services by contracting authorities in Italy is regulated by legislative decree 20 April 2016, No. 50, sections 159-163, (the Public Procurement Code (PPC)), enacting European Union public procurement directives 2014/23, 2014/24 and 2014/25/EU. The PPC, in principle, applies to all public procurement contracts but carves out defence and security procurement which falls under special legislation. Legislative decree 15 November 2011, No. 208, the Military Procurement Code (MPC), which enacted EU Directive 2009/81/EC, is considered a special set of procurement rules applicable to certain defence and security contracts that prevails over the general PPC rules. The MPC, however, mostly makes selective references to the general PPC rules, introducing minor deviations. There are defence and security contracts that may fall outside the scope of both the PPC and MPC and are only subject to general EU Treaty principles. The Italian Ministry of Defence has published two enactment regulations, one for contracts under MPC (presidential decree 13 March 2013, No. 49)

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