Public Procurement News 2024: Verification of the Authenticity of Surety Bonds via Certified Email (PEC) – Deadline June 30

Discover the latest news on procurement: until June 30, 2024, verify the authenticity of surety bonds also via Certified Email (PEC). Stay updated with ANAC directives and available options.

In a recent development in the procurement sector, ANAC has extended the possibility of verifying the authenticity of surety bonds via Certified Email (PEC) until June 30, 2024.

This decision, announced in resolution no. 606 of December 19, 2023, represents an important step forward in the digitalization and efficiency of procurement processes.

Context and Challenges: After consultations with ANIA, ABI, Bank of Italy, and IVASS, ANAC identified several challenges in the process of verifying surety bonds. Among these, the difficulty of real-time telematic verification and the absence of suitable platforms for issuing and managing such policies.

Temporary Solution: To overcome these difficulties, ANAC has introduced a temporary solution: the verification of surety bonds via PEC. This solution will remain in effect until the complete implementation of platforms interoperable with e-procurement or the development of suitable websites.

Verification Procedures: Economic operators interested in participating in public procurement procedures must follow specific procedures for verifying the authenticity of guarantees. 

Contracting stations and granting bodies can carry out the verifications through the official websites of the Bank of Italy and IVASS or, alternatively, through a PEC address provided by the guarantor.

Implications for Insurance Companies: Community insurance companies operating in Italy are invited to acquire an Italian PEC address to facilitate this process, pending the introduction of the European PEC.

Importance of Correct Indication: It is essential that guarantors correctly indicate the Internet address or PEC for verifications. In the event of a failure to indicate, it is possible to resort to the remedial instructional procedure, provided that the guarantee was issued before the deadline for submitting bids.

With this new PEC verification method, ANAC aims to simplify and make the process of verifying surety bonds in procurement more accessible, while ensuring maximum transparency and security. 

This initiative represents a further step towards the digitalization and efficiency of the procurement sector in Italy. 

Do you need a surety bond for public procurement?

Who is ANAC?

ANAC, the acronym for the National Anti-Corruption Authority, is an independent public body in Italy tasked with preventing and combating corruption in the public sector.

Founded in 2014 as an evolution of the previous Authority for the Supervision of Public Contracts for Works, Services, and Supplies, ANAC has played an increasingly central role in regulating and controlling the integrity and transparency of public administrations and procurement procedures.

The main functions of ANAC include:

• Monitoring Public Procurement: ANAC is responsible for monitoring and regulating the public procurement sector in Italy, ensuring compliance with rules on competition, transparency, and impartiality. 
• Corruption Prevention: The agency works on defining strategies and policies to prevent corruption in public administrations, promoting a culture of legality and integrity. 
• Control and Regulation: ANAC exercises control, inspection, and sanctioning functions in cases of violation of anti-corruption regulations and those related to public procurement. 
• Promoting Transparency: The agency strives to increase transparency in public administrations, through the promulgation of guidelines and the implementation of initiatives aimed at improving the accessibility and comprehensibility of public information. 
• Consulting and Support: Provides support and consulting to public administrations in matters of corruption prevention and legality in public contracts.

ANAC’s activities are therefore fundamental to ensuring efficiency, transparency, and integrity in public administration and procurement processes, key elements for good governance and public trust in public institutions.

What is the role of the surety bond in procurement?

The definitive surety bond plays a fundamental role in public tender procedures. It represents a guarantee that the contracting authority requires from the winning company to ensure that it fulfills all contractual obligations arising from the award of the contract. 

Let’s see its role in detail: Contractual Performance Guarantee: The definitive surety bond serves to guarantee that the winning company of the tender carries out the works or provides the services or goods as stipulated in the contract. 

This means that, in case of non-compliance or non-realization of the work or supply according to the agreed specifications, the surety bond can be cashed by the contracting authority as compensation. 

• Amount and Duration: The amount of the definitive surety bond is generally a percentage (usually between 10% and 20%) of the total value of the contract. Its duration covers the entire period of execution of the works or supply, often extending until the end of the post-delivery warranty period. 
• Security for the Contracting Authority: This type of guarantee offers security to the public entity against possible risks of default by the winning company. In other words, it protects the entity from potential economic damages should the company be unable to complete the project as agreed. 
• Condition for Award: Typically, the presentation of a definitive surety bond is a necessary condition for the formal award of the contract. The winning company must provide it within a specified deadline in the tender notice. 
• Types of Surety Bond: The surety bond can be bank, insurance, or in some cases, provided by a credit institution or a collective guarantee company. It must be unconditional, irrevocable, and payable on first demand. 
• Release at Completion of the Work: At the end of the execution of the works and after verifying their conformity to contractual terms, the surety bond is released, unless valid reasons have emerged to retain or cash the guarantee.

The definitive surety bond is a protective tool for the contracting authority that ensures the fulfillment of contractual obligations by the winning company. Its presence is essential to maintain a high level of reliability and seriousness in the process of public tender procedures.