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Photo by Francesco Ungaro on Unsplash

Author: Enrico Nardi

On March 31, 2023, the text of the new Public Procurement Code—Legislative Decree—was published in the Official Gazette. 36/2023. Replacing Legislative Decree 50/2016, the new Code applies to all new proceedings effective April 1, 2023.

In fact, the provisions of the new Code took effect only as of July 1, 2023, and, also as of that date, Legislative Decree No. 50/2016 was to be repealed and the new provisions adopted. However, to ensure as smooth a transition as possible to the new Code, a transitional period was established that ended on December 31, 2023. Of course, as established by Article 22, Legislative Decree 50/2016 continued to apply exclusively to ongoing proceedings during this transition phase.

One of the changes introduced by Legislative Decree 36/2023 is the elimination of the intermediate design phase, retaining only the Technical-Economic Feasibility Study (PFTE) and the Construction Drawings. Annex I.7 of the new Public Procurement Code defines the contents of the two design levels and establishes the minimum content of the requirements framework and the design guidelines document that contracting authorities and concession-granting entities must prepare.

This article aims to summarize the content and characteristics of one of the mandatory documents that make up the PFTE: the Project Sustainability Report.

The sustainability report, in fact, highlights and analyzes the social and environmental implications of the project and, specifically, of each individual component it comprises. In general, unless otherwise specified by the Sole Project Manager (RUP), the report must address the topics discussed in detail below.

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The primary objectives of the work

This first section must provide a description of the project’s primary objectives in terms of outcomes for the communities and regions involved in the project. This is achieved by defining the benefits that can realistically result in the long term (growth, well-being, development, etc.) while simultaneously minimizing negative impacts. It is also necessary to identify the main stakeholders and specify the models and tools used to involve them in the design, authorization, and implementation phases of the project.

The primary objectives for the project’s sustainability report are:

Assessment of Contributions to Environmental Objectives

Environmental objectives are defined under EU Regulations 2020/852 and 2021/241 of the European Parliament and of the Council of the European Union, taking into account the life cycle of the project. Specifically, these are:

  • Climate change mitigation;
  • Adaptation to climate change;
  • Sustainable use and protection of water and marine resources;
  • Transition to a circular economy;
  • Pollution prevention and reduction;
  • Protection and restoration of biodiversity and ecosystems.

EU Regulation 2020/852 of June 18, 2020, establishes the criteria for determining whether an economic activity can be considered environmentally sustainable, in order to assess the degree of environmental sustainability of an investment. EU Regulation 2021/241 of February 12, 2021, on the other hand, establishes the Recovery and Resilience Facility, setting out its objectives, its financing, the forms of European Union funding available under it, and the rules governing the disbursement of such funding.

Carbon Footprint Estimate

We request an assessment of the project’s impact on reducing CO2 emissions (carbon footprint) over its life cycle and its contribution to achieving climate goals, such as the European “Fit for 55,” through which the European Union has committed to reducing net greenhouse gas emissions by at least 55% by 2030.

To better understand the environmental benefits resulting from the project’s interventions, CO2 emissions data can also be expressed in terms of their equivalence to actions that would achieve the same result—such as, for example, a reduction in urban traffic (km/year) or the planting of trees (trees/year).

Estimated Life Cycle Assessment of the Project

The entire life cycle of the project must be taken into account from a circular economy perspective, following international methodologies and standards such as Life Cycle Assessment (LCA). This process is used to comprehensively assess the environmental impacts associated with a product or activity by identifying and quantifying the energy, materials, waste, and emissions released into the environment throughout its entire life cycle.

Analysis of Total Energy Consumption

An analysis of total energy consumption is conducted, specifying the sources used (thermal, electrical) in relation to the project’s current status and planned status. This makes it possible to express, as a percentage or in kWh/year, the savings achieved as a result of the measures. Where measures of a specific type have been implemented, bioclimatic design criteria may also be used for the purposes of the analysis.

Defining Measures to Reduce the Volume of Procurements

This section outlines measures to reduce the volume of external supplies (both energy sources and materials) and, where possible, options for more sustainable modes of transportation for materials from the production site to the construction site.

It is in this context that we can explore the Minimum Environmental Criteria (CAM) in greater depth. These are environmental requirements designed to identify the best design solution, product, or service—from the composition of materials to methods of use, disposal, and recycling. Article 57 of Legislative Decree 36/2023 establishes that the technical specifications and contractual clauses contained in the CAM are mandatory; these can also be found in Ministerial Decree 23/06/2022. The application of the CAMs enables contracting authorities to enhance the environmental and social quality of the activities put out to bid, rationalize their consumption, and reduce related expenses.

Assessment of the Project’s Socioeconomic Impacts

It is important to highlight the sustainability of the project not only from an energy and environmental perspective, but also in terms of the resulting socioeconomic benefits. In particular, the study examines the promotion of social inclusion, the reduction of inequalities, the growth of the local economy, and the improvement of the quality of life for residents in the area.

Identification of Measures to Protect Decent Work

The identification of measures to safeguard decent work will apply to the entire corporate supply chain of the contract, including any subcontracts, and reference must also be made to the national and regional collective bargaining agreements for the sector entered into by the employers’ and employees’ associations that are comparatively more representative at the national level relevant to the work to be performed.

The pursuit of decent work is a key driver of sustainable development. In fact, an increase in the number of people employed in decent jobs contributes to more inclusive economic growth, which in turn generates additional resources to be allocated to the creation of decent job opportunities, thereby establishing a virtuous cycle consistent with the goals set forth in the 2030 Agenda for Sustainable Development.

Use of Innovative Technological Solutions

This field encompasses the analysis of the social, environmental, and economic sustainability of the interventions that make up the project. The use of innovative technological solutions compared to current practices—including sensor-based applications for predictive systems—adds value to the project not only in terms of energy efficiency and reduced consumption but also in terms of comfort, safety, and cost savings. These are factors that carry significant weight when choosing one project over another, as they determine the project’s impact across the various areas analyzed throughout the report (social, economic, environmental, emissions, etc.) and whether the requirements set by the Contracting Authority are met or exceeded.

Enertech Solution’s Contribution

Enertech Solution’s many years of experience in preparing technical and economic feasibility studies and in architectural, mechanical, and electrical design will be made available to clients who wish to participate in competitive bidding processes governed by the new Legislative Decree. 36/2023.

We are available to assist companies or government agencies throughout the entire bidding process, from the initial stages of submitting the application through the preparation of the documents comprising the first level of design (PFTE), and subsequently through the development of the construction drawings and project management.

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