On May 21, 2025, Decree-Law No. 73/2025, known as the ‘Infrastructure Decree,’ was published in the Official Gazette, introducing a series of new measures.
Questi gli argomenti principali:
- la qualificazione SOA delle imprese con i lavori affidati in subappalto
- la revisione dei prezzi
- le deroghe per gli affidamenti di somma urgenza
- gli incentivi per la progettazione ai funzionari della PA
- gli investimenti in energie rinnovabili
With regard to SOA qualification, the Infrastructure Decree, by amending Article 23 of Annex II.12 of Legislative Decree No. 36/2023, has softened the “cuts” introduced by Legislative Decree No. 209/2024 — the “Public Contracts Corrective Decree” — which came into force on December 31, 2024.
The Corrective Decree had established that, for the purposes of SOA qualification in separable categories, only works carried out directly by the company could be used, while the amounts relating to works performed by subcontractors could not be taken into account.
The Infrastructure Decree provides that contracting companies may obtain qualification — including in separable categories — by using works performed under subcontract.
The applicability is limited to Work Completion Certificates (CEL) related to tenders whose notice or call for bids was published before December 31, 2024, and to contracts for which the invitation letter was sent by December 31, 2024.
The limitation introduced by the Corrective Decree to the Code will therefore apply to contracts with notices published from 2025 onwards. Its immediate impact will not affect SOA qualification, but it will inevitably restrict future SOA Certificates in separable categories.
With regard to price adjustments, the Infrastructure Decree provides that Article 60 of the Public Contracts Code on compensations can be applied retroactively to contracts signed before July 1, 2023: the company may receive recognition equal to 90% of the amount exceeding the 3% variation.
by Sara Iori
