Government Policy
Q57
88/100
Does the country have legislation covering defence and security procurement with clauses specific to corruption risks, and are any items exempt from these laws?
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This indicator is not assigned a score in the GDI. Defence procurement is governed according to the type of procurement to be done. In…
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The risk of corruption is recognised by the national legislation governing defence and security procurement. Article 80 of the Public procurement code of 2016…
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The application of national legislation is ensured by the external controls performed from the Court of Auditors and the National Anticorruption Authority, which occurs…
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Q58
83/100
Is the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal, disclosed to the public?
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The procurement cycle of defence equipment follows defined procedures, based on an assessment of needs [1]. The procedures for contract implementation and sign-off are…
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Procedures are formalised by the relevant laws and they are publicly available [1].The public becomes aware of the procurement planning when the Minister of…
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Procedures on implementation steps are detailed [1] [2] [3] [4] and generally followed. When not, the competent authorities can deny the advancements of the…
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Q59
100/100
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
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Procurement oversight mechanism are regulated by legislative decree 123/2011 [1] and law 20/1994 [2]. They are performed by the department of general accountancy of…
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The department of general accountancy of the State has the ability to collect information and requests explanations when necessary. It can also reject putting…
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The activities of the oversight organs are published on the respective websites through reports. Reports can be on specific procurements – in this case,…
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According to Law 244/2012 [1] the Ministry of Defence has to annually present a Multiannual Programmatic Document (Documento Programmatico Pluriennale, DPP), in which all…
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On the website of the Ministry [1] and on those of each armed forces [2] is possible to access a webpage with information on…
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Information on actual defence purchases is made public on the website of the Ministry and most of the time includes item, winning bidder, beneficial…
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Data is released in an accessible format, but comparison, particularly on the number of contracts awarded to the same company, is difficult (no xls…
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Capability Gap and Requirements Definition
Q62
88/100
What procedures and standards are companies required to have – such as compliance programmes and business conduct programmes – in order to be able to bid for work for the Ministry of Defence or armed forces?
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Decision 72/2013 of the National Anticorruption Agency [1] set the legal basis for the national anticorruption plan. According to the plan, the observance of…
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The observance of policies and laws is ensured by the controls the administration carries out before the allocation of the contract. On the website…
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Q63
83/100
Are procurement requirements derived from a national defence and security strategy, and are procurement decisions well-audited? Are defence purchases based on clearly identified and quantified requirements?
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The strategic and financial planning of the Ministry of Defence derives from the “official guidelines” (atto di indirizzo) of the Minister of Defence [1]…
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According to art. 536 of the Code of the military system [1], the Minister of Defence, by the 30 of April of each year,…
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Requirements for each purchase are specified in the tenders [1] and reported in the contracts [2]. Moreover, contracts are justified in terms of the…
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Tender Solicitation, Assessment and Contract Award
Q64
50/100
Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?
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Public procurement is periodically scrutinised by the Court of Auditors. Its last report, from June 2020 [1], analyses the procurement of the Ministry of…
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Regardless of the type of procedure, there is a preventive control on the administrative and accounting regularity of the acts, as regulated by legislative…
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Q65
81/100
Are tender boards subject to regulations and codes of conduct and are their decisions subject to independent audit to ensure due process and fairness?
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The Italian legislation forbids the presence of any conflict of interest in any phase of tenders. Article 42 of the Code for Public Procurement…
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Trails of administrative, judicial and economic aspects of contracts are performed by the analysis service of industrial and benchmarking costs according to art. 84…
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Information on the code of conduct of members of the tender boards is publicly available. Nonetheless, given the fact that different legislations apply, one…
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Administrative and accounting controls have to be performed for all acts generating financial effects for the budget of the State, as regulated by art.…
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Q66
81/100
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
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There is not a specific legislation regulating collusion between bidders for security and defence contracts, but national legislation applies. In particular, the code for…
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Collusion can result in sanction or imprisonment, according to the gravity of the committed crime. Embezzlement is punished with imprisonment from 4 to 10…
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The National Anticorruption Authority has the power to investigate and appeal against acts on public procurement, should the tender procedure be not in line…
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The National anticorruption plan and the three-year anti-corruption plan of the Ministry of Defence identify the procurement sector as a role subject to high…
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Contract Delivery and In-Service Support
Q67
88/100
Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?
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According to the national Code for public procurement, legislative decree n. 50/2016, all contracts shall ensure the right performance of the service/provision of the…
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On the website of the contracting authorities it is possible to access information on contracts [1]. For contracts exceeding the value of 1 milion…
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According to a report of the Court of Auditors [1] on the public procurement of the Ministry of Defence, monitoring activities on the good…
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In the period of investigation of the Court of Auditors over the management of public contracts of the Ministry of Defence, 14 cases of…
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Q68
83/100
Are there mechanisms in place to allow companies to complain about perceived malpractice in procurement, and are companies protected from discrimination when they use these mechanisms?
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Companies that participated in a selection procedure can complain about perceived malpractice in procurement, according to the code of public procurement [1] and address…
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In case of judicial remedy, companies need to pay a “single contribution” (contributo unificato) that varies according to the value of the contract. The…
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According to an interviewed defence company, there is no perception that one will incur any discrimination in future procurements, due to complains [1]. This…
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The Italian legislation outlines different cases of corruption activities of a supplier. Should the corrupt activity be performed during the tender procedure, for example…
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According to the information available on the website of the Ministry of Defence, there seems to have been no recent exclusion of companies from…
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As indicated in the code of coduct of the personnel of the Ministry of Defence and in the three-year anticorruption plan [1] officials have…
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Offset Contracts
Q70
25/100
When negotiating offset contracts, does the government specifically address corruption risk by imposing anti-corruption due diligence on contractors and third parties?
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Offset contracts are generally not allowed in Italy, in accordance with the EU legislation on defence procurement. In practice, offset contracts in defence are…
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It is not possible to assess the presence of due diligence and anti-corruption clauses in cases of offsets agreements, since offset contracts are generally…
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Offset contracts are generally not allowed in Italy, in accordance with the EU legislation on defence procurement. Nonetheless, while Italy has no formal policies…
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Online it is possible to access information on offset contracts even though a list of the contracts is not available and information is difficult…
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There is not enough Information to score this indicator, as there is no available evidence online and in periodic reports to assess the effectiveness…
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There is not enough Information to score this indicator. As part of government to government agreements, should an offset contract not be sufficiently completed,…
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Offset contracts are officially forbidden in Italy as they prevent competition, but they can occur under the form of Government-to-Government (G2G) agreements, which are…
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Agents / Brokers
Q73
0/100
How strongly does the government control the company’s use of agents and intermediaries in the procurement cycle?
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There is no legislation limiting the use of intermediaries or agents. It is worth noting that, despite the absence of national legislation, the limitation…
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This indicator has been marked ‘Not Applicable’, as there is no general prohibition or clear restrictions on the use of agents and intermediaries
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Financing Package
Q74
25/100
Are the principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) made publicly available prior to the signing of contracts?
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After the award of the contract, some information is published on the website of the Ministry of Defence, specifically on the budget and timeline…
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Seller Influence
Q75
NS/100
How common is it for defence acquisition decisions to be based on political influence by selling nations?
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This indicator is not assigned a score in the GDI. It is difficult to assess what role the political influence of the selling nation…
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This indicator is not assigned a score in the GDI. Generally speaking, the acquisition process is guided by clear and justifiable military needs indicated…
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This indicator is not assigned a score in the GDI. The Italian defence industry is well-developed and on several occasions it has been underlined…
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