DSGA, which tasks at MEPA? Legal context with practical guide to profiling for download

This contribution proposes an analysis of the electronic market in public administration (so-called MEPA) with reference to educational institutions, in order to give our readers a focus that clarifies the tasks and activities of close competence for the director general and the administrative director. services, in light of the applicable legislative framework, specifying the procedures to be implemented on the platform.
Additionally, a pictorial guide is attached that illustrates step by step how to perform the correct profiling on the SGA Director’s MEPA platform

Skills in negotiation activities.

The school principals, as legal representatives of the school institutions, are owners of the negotiation company according to Art. 44, subsection 1, in DI 129/2018″Regulation with general instructions on the administrative and accounting management of educational institutions“.

The directors of the general and administrative services are “support” figures for the school management in the implementation of the initial phase of the administrative procedures aimed at determining public contracts as provided for in paragraph 2 in art. 44 of DI 129/2018: “When carrying out the negotiation activity, the headmaster makes use of the provisional activity of the DSGA”.

Furthermore, the job descriptions in Table A attached to the CCNL for the 2006-2009 School Section further reiterate that: “DSGA […]carries out with operational autonomy and direct responsibility activities of training, preparation and formalization of administrative documents “.

The DSGA therefore carries out initial activities in connection with the negotiation activity under the responsibility of management, who may also delegate individual negotiation activities to him. In this connection, we remind you that the power of attorney must be in writing, must be accepted or not in writing, and must provide sufficient resources and tools to exercise it. In this regard, Article 17 of Legislative Decree 165/2001 (Consolidated Public Employment Act) actually allows managers, in the presence of specific and documented service reasons, for a certain period with a written and motivated act to delegate some of their skills in personnel management and financial resources and instrumental and responsibility for administrative procedures.

MePa.

MEPA, electronic market for public administration, is a digital architecture created and managed by CONSIP.

CONSIP is a limited company, 100% owned by the Ministry of Economy and Finance, which operates exclusively in the service of the public administration. As part of the pursuit of the program for the rationalization of PA purchases, CONSIP provides the administrations with tools and skills to manage their purchases of goods and services in order to save and rationalize public expenditures, simplify procedures, fight the phenomenon of corruption, deflation of lawsuits.

The platform allows educational institutions to purchase goods and services, especially of an IT and digital nature (PCs, tablets, printers, modems, etc.) from suppliers regularly registered on the system. Simply select the products, add them to the shopping cart and formalize the purchase order.

Schools are obliged to use CONSIP tools by art. 1, §§ 449 and 450, in Act No. 296 of 27 December 2006, as amended by Act No. 208 of 2015.

DSGA and MEPA.

In the platform, DSGA must work by profiling two users:

  • DOT READERfor carrying out all the preliminary activities, in a broad sense, that can be carried out (eg requests for offers, comparison of offers, verification and examination of goods and services, insertion of the identification codes of the goods in the cart, etc.);
  • DEFAULT VERIFICATION OPERATORto carry out checks of non-compliance through the service made available by the Tax Agency – Collection

Simplification Decree Bis.

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 the administrative structures and to speed up and streamline procedures, in order to increase efficiency of the procurement activity and ensure rapid implementation of PNRR’s projects and other related initiatives, including the programs co-financed by the European Union for the period 2021/2027.

The art. 55 allows the educational institutions to deviate from the use of the conventions and tools made available by CONSIP, where this serves to streamline the procurement procedure for supplies and works or to obtain services of higher quality or in any case in all the cases , where it can be used.

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