D.Lgs. 36/2023: Italy's Public Procurement Code Explained

Introduction

Italy's public procurement market operates under a legal framework designed to regulate how public authorities purchase works, goods and services, award concessions and manage public contracts. The central legislation is Legislative Decree No. 36 of 31 March 2023 (Decreto Legislativo 36/2023), commonly known as the Italian Public Procurement Code or Codice dei Contratti Pubblici.

The Code introduced a revised framework for public contracts, placing greater emphasis on achieving effective procurement outcomes, improving administrative efficiency, encouraging market access and digitising the contract lifecycle. It replaced the previous principal procurement framework under Legislative Decree No. 50/2016, subject to applicable transitional rules and the specific circumstances of individual procedures.

The Code's digitalisation provisions became fully effective from 1 January 2024. A subsequent major legislative development was Legislative Decree No. 209 of 31 December 2024, which introduced supplementary and corrective provisions to D.Lgs. 36/2023. As a result, businesses researching Italian public tenders should consult the current consolidated legislation rather than relying exclusively on the original 2023 text.

This guide explains the purpose, structure and principal features of D.Lgs. 36/2023, with a practical focus on suppliers, contractors, consultants, service providers and international companies interested in Italian government contracts. It is an introductory guide, not a substitute for reviewing the legislation and the tender documents applicable to a particular procurement.

Table of Contents

• What Is D.Lgs. 36/2023?
• Background and Legislative Development
• Objectives of the Public Procurement Code
• Structure of D.Lgs. 36/2023
• Core Principles of the Code
• Scope and Application
• Digitalisation of Public Procurement
• Roles of Authorities and Procurement Bodies
• Rules for Economic Operators and Suppliers
• The Corrective Decree: D.Lgs. 209/2024
• Practical Impact on Businesses
• Supplier Compliance Checklist
• How to Find Opportunities Under the Code
• Official Legal Sources
• Conclusion

What Is D.Lgs. 36/2023?

D.Lgs. 36/2023 is the legislative decree that establishes Italy's principal rules for public contracts. It was adopted under the authority delegated by Law No. 78 of 21 June 2022 and published in the Italian Official Gazette on 31 March 2023.

The legislation covers important aspects of the public procurement process, including planning, project design, procurement procedures, selection of contractors, award decisions, contract execution and digital management. It also contains provisions addressing concessions and other specific procurement arrangements.

In Italian procurement terminology, the Code is frequently referred to as the Codice dei Contratti Pubblici. Other expressions that businesses may encounter include appalti pubblici (public contracts), gare d'appalto (tender procedures), bandi di gara (tender notices), stazioni appaltanti (contracting authorities) and operatori economici (economic operators).

For suppliers, the Code provides the legal context for understanding how public buyers organise procurement, what requirements may apply to bidders and how competition and transparency are intended to operate. However, it does not mean every tender has identical requirements. The applicable provisions, contract value, procurement category, tender documents and any special rules must be assessed for each opportunity.

Background and Legislative Development

Public procurement legislation evolves to reflect changes in European Union rules, administrative practices, technology and market needs. Italy's 2023 Code was intended to reorganise and modernise the national framework for public contracts while maintaining the relationship between Italian law and the applicable European procurement framework.

The main milestones are:

• 21 June 2022: Law No. 78/2022 established the legislative delegation for reform of public contracts.
• 31 March 2023: Legislative Decree No. 36/2023 was published in the Italian Official Gazette.
• 1 April 2023: The Code entered into force, subject to the effectiveness provisions and transitional arrangements set out in the legislation.
• 1 January 2024: The new public procurement digitalisation framework became fully effective, including the use of certified digital procurement platforms and the national data infrastructure for the relevant contract lifecycle activities.
• 31 December 2024: Legislative Decree No. 209/2024, containing supplementary and corrective provisions, entered into force.

These dates matter because the legal rules applicable to a procurement may depend on when the procedure was initiated and on the relevant transitional provisions. A supplier should therefore avoid assuming that a rule in the original 2023 version necessarily represents the current position for every procedure.

Objectives of the Public Procurement Code

The Code seeks to make public procurement more effective, transparent and accessible while maintaining legal safeguards. Its principles influence how contracting authorities exercise discretion and how procurement decisions are interpreted.

Key objectives include:

• Better procurement outcomes: Public authorities should seek effective contract delivery and an appropriate relationship between quality and price.
• Administrative efficiency: Procurement processes should be organised to reduce unnecessary complexity and support timely decisions.
• Fair market access: Procurement arrangements should support competition and participation in accordance with the applicable rules.
• Transparency and accountability: Decisions and relevant contract information should be verifiable through the prescribed publication and data-management systems.
• Digital transformation: Digital platforms and interoperable public databases support the management and traceability of the contract lifecycle.
• Legal certainty: Clear rules help authorities and economic operators understand their respective rights, obligations and responsibilities.
• Responsible public spending: Procurement should pursue public objectives while respecting the legal requirements governing each contract.

These objectives are not independent of one another. For example, a procurement authority must pursue an effective result without disregarding competition, transparency or the other applicable legal requirements. Suppliers should read the tender documents with this wider framework in mind rather than interpreting the award decision as a price-only exercise in every case.

Structure of D.Lgs. 36/2023

The Code is organised into books and parts covering different stages and categories of public contracting. Its structure helps suppliers identify where a particular legal issue is addressed, although the relevant provisions should always be read together with applicable amendments and implementing measures.

The exact location and wording of individual provisions should be checked in the official consolidated text. Suppliers dealing with a concession, a special-sector procurement or a contract with particular technical requirements should not assume that every rule applicable to an ordinary public contract applies in precisely the same way.

Core Principles of the Code

The opening provisions of D.Lgs. 36/2023 set out principles that guide public procurement decisions. Understanding them helps businesses interpret the legal context in which tender opportunities are issued and evaluated.

Principle of result - Article 1

The principle of result focuses on achieving the intended outcome of awarding and executing a contract promptly and with the best possible relationship between quality and price, while respecting legality, transparency and competition. For suppliers, this highlights the importance of presenting an offer that meets the requirements and demonstrates credible delivery capability, not simply offering a low price without adequate supporting evidence.

Principle of trust - Article 2

The principle of trust recognises the importance of confidence in the lawful, responsible actions of officials involved in procurement. It forms part of the framework governing the exercise of administrative discretion and accountability. It does not remove procedural safeguards or permit authorities to ignore the law.

Principle of market access - Article 3

Market access is intended to support access by economic operators under the applicable rules. Suppliers should pay attention to participation requirements, qualification criteria and the way tender conditions are framed. Market access does not guarantee admission to every procurement; bidders must still satisfy the relevant requirements.

Good faith and protection of legitimate expectations - Article 5

The Code includes principles of good faith and protection of legitimate expectations in the procurement relationship. Their practical application depends on the facts, the applicable provisions and the conduct of the parties.

Competition, transparency and equal treatment

These remain essential elements of public procurement. Authorities must apply the relevant legal framework and published tender conditions. Suppliers should provide accurate information, respect deadlines and use the prescribed channels for clarification and submission.

Other provisions address subjects such as administrative self-organisation, contractual balance, exclusion grounds, collective labour agreements and conflict-of-interest issues. Their relevance depends on the contract and the circumstances. The Code should therefore be read as an integrated legal framework rather than as a single principle or isolated article.

Scope and Application

D.Lgs. 36/2023 applies to the public contracts and concessions falling within its scope. It is relevant to a broad range of public purchasing activities, including construction, infrastructure, maintenance, IT systems, consulting, professional services, equipment, supplies, facilities management and other services.

However, the detailed rules can vary according to the nature of the contracting entity, the contract category, the estimated value, the sector and any statutory exclusions or special provisions. European threshold values also affect certain publication and procedural requirements and are subject to periodic updates.

Before relying on a general description of the Code, a supplier should establish:

• Which authority or contracting entity is purchasing the goods, works or services.
• Whether the opportunity concerns an ordinary sector, a special sector or a concession.
• The estimated contract value and the applicable threshold regime.
• Whether the procurement is governed by the standard Code provisions or by specific rules.
• Which version of the legislation and transitional provisions apply to the procedure.
• What the tender notice and procurement documents require from participants.

For a detailed understanding of open, restricted, negotiated and other procurement procedures, suppliers should consult the dedicated guide on Italian tender procedures. The appropriate procedure and its requirements should be identified from the actual procurement documents rather than inferred from the Code's general description.

Digitalisation of Public Procurement

One of the most significant features of D.Lgs. 36/2023 is the digital management of the public contract lifecycle. From 1 January 2024, the digitalisation framework became fully effective for contracts covered by the Code, with relevant activities managed through certified digital procurement platforms and linked national systems.

The framework covers more than the online publication of a tender. Depending on the applicable process, digital systems support activities such as planning, publication, access to procurement documents, submission of offers, data exchange, award-related information and contract execution.

The National Database of Public Contracts (BDNCP)

The Banca Dati Nazionale dei Contratti Pubblici is managed by Italy's National Anti-Corruption Authority (ANAC). It is a central component of the national digital procurement ecosystem and supports the collection, exchange and publication of relevant procurement information.

Certified digital procurement platforms

Contracting authorities use certified digital procurement platforms for the relevant procurement activities. The platform specified in the tender documents is important to suppliers because it may determine how they access documents, ask questions, upload declarations and submit their offers.

Publicity and transparency

The digital framework connects procurement platforms with the BDNCP for the relevant legal-publication and transparency obligations. ANAC explains that the BDNCP legal-publicity platform replaced the former national publication arrangement for procedures covered by the new system. European publication is also integrated into the digital process.

Identification and verification information

Contract identification, operator information and eligibility checks are managed through the relevant systems and procedures. The Virtual File of the Economic Operator (FVOE) is part of this framework. The documents and declarations required in a particular tender still depend on the applicable rules and the tender conditions.

For suppliers, the practical lesson is straightforward: identify the specified procurement platform early, complete any necessary registration and technical setup, and do not leave electronic submission until the final minutes. Platform registration alone does not constitute a tender submission, nor does it automatically qualify a supplier for every procurement.

Roles of Authorities and Procurement Bodies

Several institutions and entities contribute to the implementation and operation of the Italian procurement framework.

• ANAC: The National Anti-Corruption Authority has important responsibilities relating to procurement oversight, the BDNCP and the digital procurement ecosystem, within its statutory remit.
• Ministry of Infrastructure and Transport (MIT): The ministry has an important role in the public works and procurement policy framework and in relevant coordination activities.
• Contracting authorities: Ministries, municipalities, public bodies and other entities conduct procurement within the rules applicable to them.
• Central purchasing bodies: Bodies such as Consip support purchasing and framework arrangements for public administrations in accordance with their respective mandates.
• Certified digital procurement platform operators: They provide systems through which relevant procurement activities are managed electronically.
• Economic operators: Suppliers, contractors, service providers and other eligible businesses participate subject to the applicable legal and tender requirements.

For supplier research, it is useful to identify both the contracting authority and the platform handling the procedure. The authority provides the commercial and operational context for the contract, while the platform may be the required channel for formal participation.

Rules for Economic Operators and Suppliers

D.Lgs. 36/2023 establishes a legal framework within which businesses may compete for public contracts. The precise eligibility requirements are determined by the relevant provisions and the procurement documents.

Depending on the opportunity, a supplier may need to demonstrate legal capacity, professional suitability, financial and economic standing, technical capability or professional experience. Works contracts may involve additional qualification requirements, including SOA certification where applicable. Certain tenders may also require declarations relating to exclusion grounds, labour obligations, environmental or social criteria, subcontracting, guarantees and other contract-specific matters.

Suppliers should distinguish between general legal obligations and requirements that apply only to a particular procurement. For example, SOA certification is not a universal requirement for every supply or service tender; its relevance depends on the type of works and the applicable rules.

Businesses should also pay attention to the tender's evaluation criteria. Depending on the procurement, the authority may assess price, quality, technical merit, delivery arrangements, service levels, environmental performance or other published criteria. A compliant offer must respond to the actual evaluation framework.

International companies should verify how their legal status, professional qualifications, financial records, tax documentation and supporting certificates will be accepted. Where documents originate outside Italy, translation, legalisation or other formalities may be relevant, depending on the document, country and tender rules.

The Corrective Decree: D.Lgs. 209/2024

Legislative Decree No. 209 of 31 December 2024 introduced supplementary and corrective provisions to D.Lgs. 36/2023. It is commonly described as the corrective decree to the Public Procurement Code.

The corrective legislation addressed multiple areas of the procurement framework. Its provisions must be considered when interpreting the current Code, including subjects connected with procurement procedures, contract execution, qualification, digitalisation and other aspects of public contracting. The effect of any particular amendment depends on the article concerned and the applicable transitional provisions.

Businesses should avoid relying on summaries that describe only the original Code or treat every change introduced by the corrective decree as a universal rule. A legal check should identify the relevant article, the amendment text, its commencement provisions and any subsequent changes.

The safest approach is to consult the consolidated version of D.Lgs. 36/2023 on Normattiva and compare it, when necessary, with the official publications in the Gazzetta Ufficiale. These official sources are more suitable for legal verification than relying solely on an explanatory article or a commercial procurement website.

Practical Impact on Businesses

The Code influences how suppliers identify opportunities, prepare offers, demonstrate eligibility and manage contract obligations. Understanding the broad framework can help businesses build a repeatable tender-management process.

Opportunity identification: Businesses should monitor official procurement sources, contracting authority websites and relevant digital platforms. Search by product or service, CPV code, region, authority and contract type where those filters are available.

Bid planning: Review the notice, specifications, eligibility criteria, deadlines and evaluation method before committing resources. A tender that matches a company's product category may still be unsuitable if its technical or financial requirements cannot be met.

Document management: Keep corporate documents, financial information, technical evidence and declarations organised and up to date. Verify whether the procurement requires a particular format or platform-based declaration.

Electronic readiness: Check registration, account permissions, electronic identification and any signature requirements in advance. Test the platform process where permitted and retain evidence of successful submission.

Contract delivery: Tender preparation should reflect the company's actual ability to deliver the contract. Commitments made in an offer can affect later performance obligations, reporting, service levels and contractual risk.

Market intelligence: Monitoring awards and recurring procurement activity can help identify active buyers, likely future requirements and competitive positioning. Award information should be interpreted carefully and verified against the relevant official record.

Supplier Compliance Checklist

Before participating in an Italian public procurement opportunity, businesses can use the following checklist as an initial review. It does not replace the specific requirements stated in the tender documents.

• Confirm that the opportunity falls within the company's products, services or technical capabilities.
• Identify the contracting authority and the procurement platform.
• Read the current tender notice, specifications and all amendments or clarifications.
• Check eligibility, exclusion grounds and professional or technical qualification requirements.
• Confirm any relevant SOA, sector-specific or professional certification requirements.
• Prepare financial, technical and corporate supporting documents.
• Check the required declarations, forms, language and document formats.
• Verify electronic registration, account access and signature arrangements.
• Review the submission deadline, time zone and platform-specific instructions.
• Assess the award criteria, contract obligations, pricing assumptions and delivery risks.
• Retain the submission receipt and monitor official communications after submission.
• Check the current consolidated legislation where a legal interpretation is necessary.

How to Find Opportunities Under the Code

Understanding the law is only one part of successful tender participation. Suppliers also need a practical way to discover opportunities across Italian national, regional and sector-specific procurement channels.

Official sources include the ANAC website and the ANAC public procurement digitalisation guidance. Businesses may also need to consult Acquisti in Rete PA, the relevant contracting authority and the specific certified platform identified in the tender notice. For procurement subject to European publication, the Tenders Electronic Daily (TED) portal is another important source.

Suppliers looking for a broader tender-discovery workflow can explore current opportunities through ItalyTenders' tender listings. Businesses reviewing previous procurement activity can consult contract award information to support market research.

Companies can create an account through ItalyTenders registration and access their account through the login page. For questions about services or coverage, suppliers can use the contact page. Information about procurement authorities is available through the authority directory.

Commercial tender-intelligence services can help businesses discover and organise opportunities, but they do not replace official notices, legally prescribed publication channels or the contracting authority's instructions. Always verify the current deadline, documents, eligibility conditions and submission method against the official procurement record.

Official Legal Sources

The following primary sources are useful for checking the legislation and its implementation:

• Normattiva - consolidated D.Lgs. 36/2023: consult the current version of the Code and its applicable provisions.
• Gazzetta Ufficiale - original D.Lgs. 36/2023: the original legislative publication.
• Gazzetta Ufficiale - D.Lgs. 209/2024: the corrective and supplementary decree.
• ANAC - Public Procurement Digitalisation: information about the national digital procurement ecosystem, BDNCP, certified platforms and related processes.
• TED - Tenders Electronic Daily: the EU's public procurement notices platform.

Legislative texts and official guidance should be checked for updates before a supplier makes a legal or commercial decision. The applicable requirements may differ according to the procurement's subject, value, sector, commencement date and individual tender documents.

Conclusion

D.Lgs. 36/2023 provides the central legal framework for Italian public procurement, bringing together principles, procurement rules, digitalisation and provisions governing the management of public contracts. Its emphasis on results, trust, market access and digital processes is important for both contracting authorities and businesses seeking public-sector opportunities.

For suppliers, the most effective approach is to combine a sound understanding of the Code with practical tender preparation: identify suitable opportunities, review official documents, verify eligibility, maintain accurate supporting records and comply with the required electronic submission process.

Because the Code has been amended and supplemented, businesses should use the current consolidated text and official guidance when checking specific obligations. Tender-intelligence tools can support opportunity discovery and market research, but the official procurement documents remain the essential reference for participation in an individual tender.