28-29 April 2017, Catania
The new Code of Procurements has produced an administrative tsunami, both for integration of the remarkable amount of fulfilments already in force on this subject and for interpretative and application difficulties of rules contained therein, rather than its immediate application, even if often referred to specific guidelines, that leave no margins of pre-application “consideration”. Beyond the uncertainty deriving from said sudden application of the new code, there is also the concurrent acceleration, related to the national and regional provisions, as concerns the centralization of purchases and the following operability of the central purchasing bodies, and their specific weight on the activities. That is why, supported by the competence of speakers, the current Forum is the place where guiding the various interpretative and management uncertainties related to the application of the new Code in order to represent the topic of procurements, that still results to be one of the most popular topic lived and faced nationwide, in order to make emerge and develop a useful debate among the operators of services/procurement and supply department. The Forum is focused on central elements of the new code: simplification, transparency, quality, fight against corruption and conflict of interest. It seems appropriate to start from experiences gained in this first year of use of the new regulatory tool and, so, the comment on the text, possible interpretations, focus on open problems and new outlining scenarios, as well as on the main implementing regulations of the code and in particular the first ANAC Guidelines and the first Ministry Decrees. The objective is to analyse, after one year, the “state of the art” of the code, the ANAC Guidelines, the initiatives undertaken to give concrete application to those concepts many times expressed on the potentialities of the new European directives, and thus of the new Code, on flexibility and negotiation, the new contractual categories. The Forum wants to pay particular attention to the topic of the “Conflict of interest and the potential corruption in Healthcare” by examining the regulatory provisions introduced by the Italian Leg. Decree no. 50 and those outlined in the anticorruption and transparency legislation, hoping an change of cultural direction directed to prevention rather than repression also thanks to the strong contribution of compliance with the principle of par condicio and transparency, of one’s administrative action, that the Healthcare directors can guarantee.
A second session of the Conference will be directed to take stock of the aggregation of demand, to verify how the new aggregating entities, and in particular the Sicilian C.U.C. [central purchasing body], are actually working. A session of the Forum can be finally dedicated to the celebration of the 40th Anniversary of the establishment of the Association through an excursus on anything carried on during said period of time.
So as the Healthcare system sets the objective of suitability of services provided, in the same way the stakeholders involved in the process of procurement shall set the same objective by pursuing the sustainability of the NHS by formulating operating proposals able to determine the coexistence of different requests and needs. It is glaring that the axiom “director/expert of administrative procedures on this subject” has been widely passed; the Director – R.U.P./D.E.C. – is asked to be an expert on purchase marketing as well as in the contract management and correct execution of the agreement, but also a neutral party able to conciliate transparency, efficiency and legality in a way such to be defined a “purchasing manager” although in the particular field of the public law.