Amendment to the Public Contracts Code: News on BIM and Public Procurement

Specifically, the amendments to the Public Contracts Code follow three main lines of action:

• Corrections to internal consistency, factual errors, typos, and textual inconsistencies.
• Clarifications to improve the clarity of the regulatory text;
• Changes to certain key provisions, following issues that arose during the initial implementation phase.

The update to the Public Contracts Codealso had a significant impact on digital information management in the construction sector, introducing changes to Article 43 and Annex I.9 of the Code:

• Article 43 is the key provision governing the use of BIM, which establishes the conditions under which itsapplication is mandatory or optional;
• Annex I.9 contains the guidelines for the adoption of BIM, to be used in connection with each individual technical and administrative procedure within the contracting authority.

The BIM requirement, effective January 1, 2025, remains in effect for public contracts involving the design and construction of new buildings and for work on existing structures. However, it does not apply to routine and major maintenance projects, unless they involve works previously carried out using BIM and digital information management tools.

Among the most immediate changes introduced by the text concerningArticle 43 is the threshold for the application of BIM (Building Information Modeling) and the types of projects for which its use is mandatory.

In fact, the text of Legislative Decree 36/2023 required, effective January 1, 2025, required contracting authorities and concession-granting entities to adopt methods and tools for digital construction information management forthe design and construction of new buildings and for work on existing buildings with a base bid amount exceeding 1 million euros.

The amendment introduced in the Amendment to the Public Contracts Code raises the threshold to an presumed cost of the work of 2 million euros. In addition, a specific threshold is introduced for construction projects on buildings classified as cultural heritage sites: BIM is mandatory for projects exceeding the EU threshold.

The text also makes numerous amendments toAnnex I.9, dedicated to“Methods and Tools for Digital Information Management in Construction.” Some of the changes concern the training and appointment of the data-sharing environment manager and the digital processes manager, the management of information requirements, inconsistencies between digital data and traditional graphic documentation, and the introduction of the specialized report on information modeling. The main changes introduced are outlined below.

Information Requirements and Data Management

Among the most significant provisions, paragraph 2-bis requires contracting authorities and concession-granting entities to specify, based on their respective strategic objectives and the objectives of the specific design phase, the information requirements, thereby enabling better integration of the data generated during all phases of the project’s life cycle.

The reference to information requirements has been removed from paragraph 4, which previously stipulated that these requirements must be specified in the feasibility studies for design alternatives and in the preliminary guidelines; this therefore allows for the integration of data generated throughout the entire process.

The Amendment introduced new definitions for BIM professional roles, namely the information flow coordinator and the digital process manager, specifying that these roles should preferably be assigned to employees of contracting authorities who already possess the necessary skills, acquired through the required training and documented direct knowledge gained through observation, use, and professional practice.

If it is not possible to identify such professionals within the contracting authority, these roles may be assigned to external consultants in accordance with the procedures set forth in the Public Procurement Code.

Contractual Prevalence and Documentary Consistency in the Public Procurement Code

The contractual priority, as already provided for in the Procurement Codes, regarding documents during the phase leading up to the mandatory introduction of information management methods and tools. In the event of inconsistencies between digital data and traditional graphic documentation, the graphic drawings shall prevail. In the event of inconsistencies between the information models and the graphic and documentary drawings, the latter shall prevail under the terms of the contract.

The amendments made to paragraph 8 of the Public Contracts Code specify that, in the case of the award of contracts for architectural and engineering services, the information specifications The documentation to be attached to the bid documents must be consistent with the definition of strategic, design-level, or phase-level objectives, and any reference to the design guidelines document must be removed. The concept of “level of information requirement” is also introduced.

Paragraph 10 clarifies the content of theinformation management proposal, prepared by the bidder during the bidding phase and in response to the information requirements set forth in the request for proposals. It systematically structures information flows and illustrates their interactions with information and decision-making processes within the data-sharing environment.

The Information Management Plan, on the other hand, is prepared by the successful bidder after the contract is signed and before it is executed. The new text also requires the submission of a technical report on information modeling, which must certify compliance with the information specifications. This introduces an additional level of oversight.

Legislative Decree No. […], dated December 31, 2024 209 It therefore defines, in greater detail, the objectives underlying the information requirements and the procedures for applying digital information management methods, with the aim of improving process efficiency.

For more information on the changes made by the Amendment to the Public Contracts Code and on how to best adapt to the new guidelines, please contact our Enertech Solution team.