Improve general contracting to strengthen the effectiveness of the Italian public commissioning bodies in managing of the construction process

The EU Directive 93/37 defi ned the “third kind” of tender procedures, that a public commissioning body may use to select a fi gure that is responsible for “the realization, by whatever means, of a work corresponding to the requirements specifi ed by the contracting authority.”. Italy has interpreted in an original way this tender procedure, introducing (through law 443/2001) the role of “contraente generale”. The point is that the notion of “contraente generale” still remains controversial on the ground of international comparisons, especially in terms of risk allocation between public client and contractor. The paper presents some results of a study on the Italian “contraente generale” scheme, compared with the procurement models as identifi ed by the available international literature. In conclusion, some recommendations are made for the adaptation of the Italian legislation, allowing to improve its compatibility with the ppp model generally adopted in Europe.