The law has as a general principle, writes Francis, "the diligence of a good family father". Article 5, listing the fundamental principles, indicates "ethics in the orientation of economic choices and interlocutors on parameters of respect for the Church's social doctrine". There are also measures against conflict of interest, illicit competition agreements and corruption. So as to avoid "any distortion of competition and ensure equal treatment between all economic operators"
Vatican City (AsiaNews) - Pope Francis has issued with a Motu Proprio a legal framework for awarding public contracts and contracts stipulated by the Holy See and the Vatican City State. The purpose of the legislation is to allow better management of resources and reduce the danger of corruption.
The code, entitled "rules on transparency, control and competition in the procedures for awarding public contracts of the Holy See and Vatican City State" consists of 86 articles to which are added another 12 relating to jurisdictional protection in cases of litigation, has as general principle, wrote Francis, "the diligence of the good family father".
The purposes of the new law are: the sustainable use of internal funds, transparency of procedures in awarding public contracts, "guarantee the same operators equal treatment and the possibility of participation through a special Register of economic operators and specific procedures ".
Article 5 is of particular note where listing the fundamental principles, it indicates "ethical guidance in economic choices and interlocutors based on parameters of respect for the Church's social doctrine".
There are also measures against conflict of interest, illicit competition agreements and corruption. So as to avoid "any distortion of competition and guarantee the same operators equal treatment among all economic operators"
Francis explains that the possibility of achieving savings through the selection of multiple offers is decisive "in the management of public goods, where the need for faithful and honest administration is even more felt and urgent". The norms, the Motu proprio states, serve "to promote transparency, control and competition in the procedures for the awarding of public contracts stipulated on behalf of the Holy See and the State" of the Vatican. Companies that supply goods, services, works and works will be guaranteed "equal treatment and possibility of participation through a special register" and specific procedures.
Companies that are subject to investigations, preventive measures or convictions at first instance for "participation in organized crime, corruption, fraud, terrorist offenses", for " money laundering" and "exploitation of child labor" will be excluded from the register and public competition.
Causes for exclusion also include the failure to comply with "the obligations relating to the payment of taxes or social security contributions according to the regulations of the country in which the company is established", as well as residing or having established the fiscal seat in States "with privileged tax regimes ".
A list of employees and part-time professional consultants authorized to perform the function of expert assessor and member of the adjudicating panel has also been established by the Secretariat for Economic Affairs. They are chosen and will rotate on the commissions, always based on their specific professional qualifications. The "incompatibilities" with the inclusion on this list are very detailed, and include family relationships "up to the fourth degree" or affinity "up to the second degree" of a subject referable to a tenderer who has submitted an offer or being a partner or having been a partner of a tenderer who has submitted a bid in the previous five years.