ANAC-FVOE-PASSOE- ENGLISH

ANAC-FVOE-PASSOE

WHAT IS ANAC

Born from the remains of the Supervisory Authority for Public Contracts (AVCP), it is regulated by Article 213 of the Procurement Code (DLGS 50/2016 and subsequent provisions) which gives it broad competencies although its initial mission was to counteract corruption and improve the transparency of public contracts.

Our role is to assist companies in the registration and updating procedures with the ANAC and to support the company in obtaining FVOP (EX AVC PASS), PASSOE; on this page you will also find the answers to the most frequent questions that companies ask themselves, referring to any further information to the website of the authority itself https://www.anticorruzione.it/

THE TASKS OF ANAC

At the ANAC, there are assigned tasks that can be summarized as follows:

Establishment of the Arbitration Chamber: which has the task of appointing arbitrators in connection with the dispute over a tender procedure;
Develop guidelines which companies and contracting authorities can comply with (they are not binding);
Impose administrative sanctions;
Providing opinions on public procurement issues;
Manage the database of public

Specifically, this last point is the one that most directly concerns the operational aspects: in fact, the ANAC is the organization that grants the Contracting Authority the famous CIG code.

It also makes available the FVOP (EX AVCPASS), the PASSOE, and the IT database. Let’s see them individually

WHAT'S CIG

The CIG is the Tender Identification Code, a type of tax code for the tender.

Through this code (alphanumeric), it is possible to identify the competitive procedure; to be even more precise, the lot is identified (if the bid is divided into several lots, each will have its own CIG).

Thanks to the CIG code, greater transparency is provided to the tender procedures, as well as to the tracking of financial transactions to prevent corruption phenomena. The contracting authorities must request the CIG from the ANAC even if it is not always necessary, i.e. there are some cases of contracts that do not require a CIG

WHAT'S AVCPASS

The AVC PASS, Authority Virtual Company Passport, is the single register of Contracting Entities, Economic Operators, including foreign ones, and their respective representatives, tender commissioners, technical directors, etc.

This service has been created to verify the real tenure of the requirements for companies to participate in tender; However, it has been replaced by VIRTUAL FINANCIAL OPERATOR FILE (see next section)

WHAT'S FASCICOLO VIRTUALE DELL'OPERATORE ECONOMICO

The Virtual File of the Economic Operator, whose acronym is FVOE, is the evolution of which, until the end of 2022, was called AVC PASS and is essentially a document system that allows the company to be able to upload all the necessary information and certifications to participate in any type of tender; information that the company intending to participate in a tender must make available to the contracting authority. The beauty of this tool is that the company uploads the same “basic” information only once and is not forced to repeat it for each tender in which it intends to participate: while it will limit itself to uploading the specific information required for a given tender such as the technical and economical offer; it will also have to update the information/certification that is about to expire.

WHAT'S PASSOE

The PASSOE means Passport of Economic Operator that contractors and companies must obtain to participate in tenders.

This tool creates the “link” between the tender, the body and the participating companies; in this way the participating station recognizes which subjects intend to participate and how the groupings between companies are organized for each lot; and can verify the possession of the requisites The PASSOE integrates within the FVOP

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WHO MUST REGISTER WITH ANAC

Contracting entities, companies and their representatives must be registered.

Specifically: the RUP (sole responsible for the procedure) on behalf of the Organization and the Legal Representative on behalf of the companies. In turn, these subjects can also register other subjects such as delegates. Registration for the FVOP (EX AVC PASS) must be done only once and any changes made, such as the change of legal representative, must also be communicated. Instead, for the PASSOE there is no registration, as it is a process underlying the FVOP; basically, with FVOP you will get the qualification through which you receive the PASSOE if required.

Assolutamente si

REGISTRATION IS MANDATORY

Registration is compulsory for the PAs, and in turn, the PAs are obliged to request registration from companies for tenders over 40,000 Euros. However, since the registration procedure takes some time, companies wishing to participate in tenders beyond this threshold would be better off registering even before the need arises.

WHAT IS THE ANAC DATABASE

The IT database of crimes related to public supplies was created at the ANAC. This database includes all the companies and individuals who commit violations of the procurement code so that they are prevented from operating with any public administration for a certain time. So while the opinions of the ANAC are not binding, the Contracting Stations have both the obligation to report the violations and that of not proceeding with the award if a subject is entered in this register.

However, the database is not limited to violations by companies but also by some subjects such as the tender commissioners

ARE THERE COST TO BE INCURRED

There are no costs to be incurred for registration: neither as an entrance fee nor as maintenance fees.

However, in the event that the contracting station requests the PASSOE, the contracting station and the participating companies must pay a contribution.

The amount of the contribution is proportional to the value of the tender but is required only for tenders over € 40,000.00.

WHAT ARE THE MINIMUM REQUIREMENTS FOR A COMPANY TO REGISTER

The minimum requirements to be able to register are the same as those for taking part in a competition.

In particular:

general requirements (referring to article 80 paragraph C of Legislative Decree 50/2016 which essentially concerns aspects of the correct behavior of the company in terms of contributions and taxes and the non-violation of administrative and criminal offenses). If a company has problems with the payment of taxes and contributions, it should avoid this procedure;
other requirements of an economic, organizational, and technical nature (which are in any case linked to the individual tender procedure and set by the contracting station).

However, these are declarations that companies already make when registering.

In essence, no documents need to be submitted, the Public Administration will then carry out checks on the declarations or request documentation to ascertain that the declarations made are truthful. Generally, the verification procedure takes place in the following way:

subscribers to telematic platforms (e.g. MEPA), sample extraction;
in the case of competitions, some participants are selected by lot, the number of which depends on the number of participants;
the successful tenderer;

Some checks are carried out by the offices in charge of the contracting stations directly at the certifying body.

For example, the Revenue Agency, INPS, the Public Prosecutor’s Office, etc.

For others, however, the company must prove the declarations with specific documentation (contracts, certificates, invoices, etc.).

For companies with an articulated governance (with different members in the administrative body, board of statutory auditors, auditing firm, with holders of quotas or shares with legal entity); it is highly recommended to proceed with caution by carrying out preventive checks on all subjects. In this case, it is possible to have the necessary support at our office

WHICH DOCUMENTS ARE NECESSARY FOR LISTING

There are two steps.

The first concerns the enabling process for which little information is required

This information applies to both Italian and foreign companies; Company profile/Certificate from the Chamber of Commerce, Articles of Association, Mail; PEC address (for non-Italian companies we can provide the PEC); Identity document and tax code of the legal representative; for foreign companies, the tax code can be replaced by the TIN or another identification code of the person; email address; qualified digital signature based on the EIDAS standard.

neither

the identification code of the digital signature must correspond to the identification code of the legal representative
If the company and/or company representatives have problems with the payment of contributions; or have committed criminal and administrative offenses, it is necessary to investigate further or contact a lawyer specialized in the procurement code (see paragraph on minimum requirements)
For registration it is sufficient that the official documents are translated and legalized in English, however, it is possible, indeed it is almost certain, that in participating in the tender the contracting authority requests documents in Italian

Second step. It concerns specific requirements such as quality certifications, and turnovers. However, this information is not always necessary as it depends on the type of tenders in which you want to participate; usually, this information is entered on the first occasion in which you intend to participate in a tender

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WHAT SERVICES DO BBS PRACTICES OFFERS

The procedure to register is not complicated but it takes time for all those who are not very familiar with it; more complex it’s to prepare documentation to attend offer because

Our company offers a support service for the customer in managing obligations and possibly (if necessary) also paying the tax on his behalf.

In addition, we follow the practice step by step to ensure its success.

Should problems of a bureaucratic nature arise, it will be our duty to report them to the customer and support him in the resolution.

WHAT ARE THE PROCESSING TIMES OF THE PRACTICE

Processing times for the registration are approximately 1-2 days business days; the approval times, however, require about 5-8 business days.

For the PASSOE, on the other hand, 24 hours are required but it depends on the complexity of the procedure and obviously on the times with which the company makes everything available; in this case, there are no approval times: the PASSOE is issued at the end of the successfull procedure.

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