School and simplification decree bis: from CONSIP to the department council’s criteria, from auditors to construction. FORM

The contribution draws attention to some recent regulatory changes that took place with Legislative Decree 77 of 31 May 2021, the so-called “Simplifications bis”, later transformed into Act with Act 108 of 29 July 2021, explicitly dedicated to educational institutions, with regard to. to reduce the burden of administrative procedures for the acquisition of goods, services and supplies through important processes for simplification and streamlining of obligations.

In fact, we remind you that educational institutions, in order to achieve and within their institutional objectives, have full bargaining power and autonomy, without prejudice to the specific limitations set out in Regulation 129/2018 and by applicable law (primarily the Code ) of public contracts, Statutory Order no. 50 of 18 April 2016).

LAW OF THE LAW 31 May 2021, n. 77.

Decree 77/2021, also known as the “simplifications bis” decree, dictates a discipline on the management of the national recovery and resistance plan and contains the first measures to strengthen administrative structures and to speed up and streamline procedures to increase the efficiency of procurement activity. and ensure the rapid implementation of PNRR projects and other related actions, including programs co-financed by the European Union for the period 2021/2027.

Especially art. 51 of the text dedicates important innovations to the Code of Public Contracts, legislation applicable to educational institutions.

For art. 55 specifically provides for simplification measures in the field of education in order to speed up the implementation of the interventions in the field of education included in the National Recovery and Resistance Plan and to guarantee their organic coherence.

Derogation from the CONSIP conventions.

The art. 55 enables, first and foremost, educational institutions to derogate from the use of the conventions and tools provided by CONSIP, where this serves to streamline the procurement procedure for supplies and works or to obtain higher quality services or in any case in all cases where it is not possible to use it.

In this case, it is recalled that schools are required to use CONSIP tools by art. 1, §§ 449 and 450, in Act no. 296 of 27 December 2006.

For the sake of completeness, the platforms that CONSIP provides to public administrations are mentioned here:

  • Framework agreements
  • MEPA
  • Dynamic collection system

Deviation from the school board criteria.

The second new legislation introduced is the faculty given to school leaders in order to continue the use of the direct award procedure, which is subject to Art. 36, para. 2, letter a), in Decree-Law of 18 April 2016, n. 50 “Code of public contracts”, as amended by this DECRET-LOW 31 May 2021, n. 77 to art. 51, deviating from the limits set in favor of the School Council.

In fact, according to Art. 2, letter a), in DI 28 August 2018, no. 45, para. 129 “Regulation laying down general instructions on the administrative and accounting management of educational establishments”: “The school board is responsible for the decisions concerning the principal’s determination of, within the limits laid down in the applicable legislation in the area, criteria and limits for the performance of the following negotiation activities:

  1. award of works, services and supplies in accordance with the provisions of the Decree-Law of 18 April 2016, n. 50 and the related implementing provisions, for an amount exceeding € 10,000.00“.

The law therefore restricts the principal’s authority to carry out the negotiating activities, so for tasks amounting to more than ten thousand euros, it is necessary to comply with criteria and limits set by the school board, as the representative body of all members of the school community.

The innovation introduced by the simplification decree therefore allows the school head, as part of the PNRR implementation procedures, to be able to circumvent all criteria and limits set by the school board, as he can continue independently with direct allocation up to the following thresholds:

  • 150,000 euros for the works;
  • 139,000 euros for supplies and services.

The auditors.

The art. 55 finally contains a change in the law concerning the administrative accounting control of formality and expenditure monitoring activities carried out by the auditors of the educational institutions, concerning the procedures financed by PNRR.

A digital platform dedicated to auditors will soon be available, which will also be available through the public digital identity system, through which it will be possible to monitor the activities under their control, according to indications from the Ministry of Education after consultation with the Ministry of Economy and Finance.

Wiring and construction work.

Finally, the last paragraph of Art. 55 contains a further simplification rule on encroachment on school buildings owned by local authorities (municipalities and provinces). In fact, it provides that educational establishments which benefit from resources intended for wiring and fitting out school rooms may go directly to the implementation of the aforesaid interventions of a non-structural nature, subject to communication to the local authorities owning the buildings. .

It will therefore not be necessary to wait for the municipality’s permission.

Attached notification form to the municipality for commissioning of the workers.

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