Protection of the company in dealings with public authorities, contracting authorities and public-sector contracts
Anti-Mafia measures may directly affect a company’s ability to participate in tenders, enter into contracts, continue public contracts, obtain authorisations, receive payments and maintain relationships with contracting authorities, public clients and private parties connected with public-sector contracts. For this reason, protection does not concern only the individual measure, but the company’s overall business continuity.
In the field of public contracts, anti-Mafia risk intersects with exclusion grounds, participation requirements, checks on anti-Mafia documentation, subcontracts, White lists and Prefectural or judicial measures. Legislative Decree 36/2023 includes, among the automatic exclusion grounds, the existence of disqualification, suspension or prohibition grounds under Article 67 of the Anti-Mafia Code, or attempts at Mafia infiltration under anti-Mafia legislation.
The effects of anti-Mafia interdiction information are particularly serious: Article 94 of Legislative Decree 159/2011 prevents public bodies from entering into, approving or authorising contracts and subcontracts, and from granting concessions or public benefits where disqualifying grounds or attempts at Mafia infiltration emerge.
Avv. Vecce assists companies, consortia, contractors, subcontractors and economic operators in managing the effects of anti-Mafia issues on tenders, contracts, relationships with contracting authorities, business continuity, payments, replacements, corrective measures and strategies to restore operations.
Activities covered
Why it matters
Protecting contracts and public-sector work
Anti-Mafia risk may affect awards, contract signing, continuation of contracts, subcontracts and payments.
Managing relations with contracting authorities
Communications with the project manager, awarding bodies and public administrations must be timely, documented and consistent with the legal framework.
Assessing operational solutions
In some cases, replacements, restructuring measures, corrective actions, judicial control or other tools may need to be assessed in order to restore reliability.
Preserving business continuity
The objective is not only to challenge the measure, but also to reduce its impact on operations, employees, cash flow, suppliers and the company’s reputation.
FAQ
How do anti-Mafia measures affect public contracts?
They may affect participation in tenders, awards, contract signing, continuation of the contract, subcontracts, authorisations, payments and relations with the contracting authority. Where disqualifying grounds or attempts at infiltration exist, Article 94 of Legislative Decree 159/2011 limits the ability of public bodies to enter into or continue contracts and subcontracts.
Does an interdiction measure automatically lead to exclusion from a tender?
Anti-Mafia interdiction information seriously affects the ability to participate in, or continue, public-sector relationships. The Public Contracts Code also regulates automatic exclusion grounds with reference to disqualification, suspension or prohibition grounds under the Anti-Mafia Code.
What happens if the interdiction measure is issued during contract performance?
The type of contract, the stage of performance, communications from the contracting authority, accrued payments, subcontracts, any disputes and the available defence strategies must be assessed. The effects must be managed promptly because they may affect continuation of the contract and business continuity.
Does judicial control allow participation in tenders?
According to ANAC, judicial control over the economic operator does not prevent participation in a tender procedure when the measure admitting the operator to judicial control has been issued, under the rules of the new Public Contracts Code.
What should be done if the issue concerns a subcontractor?
The contract, the subcontract authorisation, the subcontractor’s anti-Mafia status, the effects on the public contract and the possibility of replacing or restructuring the relationship must be assessed. In sensitive sectors, White list registration and anti-Mafia documentation are particularly important.
Can accrued payments be blocked?
Disputes or payment suspensions may arise in relation to the effects of the measure, the stage of the contract, the services already performed and the decisions of the contracting authority. The assessment must be made on the specific relationship, by reviewing the contract, tender documents, progress reports, invoices and communications from the authority.
What is the objective of the defence strategy in these cases?
The objective is twofold: to challenge or manage the adverse measure and, at the same time, to reduce its impact on the company’s business activity. This may require dialogue with public authorities, judicial challenges, interim relief, judicial control, replacements, internal restructuring and management of contractual relationships.
Request a free case assessment
I will reply as soon as possible.
