Regulations published regarding public contracts with Vatican

By Vatican News staff writer

New regulations have been issued on how to implement the Apostolic Letter in the form of a Motu Proprio dated 19 May 2020, regarding " Norms on transparency, control and competition in the procedures for awarding public contracts of the Holy See and Vatican City State." The Decree contains 49 articles and 7 annexes and was adopted on 22 June 2021 by Fr. Juan Antonio Guerrero Alves, Prefect of the Secretariat for the Economy and Pontifical Delegate. The text interprets and gives direction on how to apply the Motu Proprio, also in light of other statements of the Magisterium. The regulations specify that "the activities related to the compilation of the plan for particular purchases and the preparation of the plan for general purchases are governed by directions given by the Secretariat for the Economy, in accord with the Administration of the Patrimony of the Apostolic See, and consistent with the procedures established for the preparation of the budget."

The document concerns all "purchases of services, supplies, and works," regarding the Dicasteries and other offices of the Roman Curia, Institutions associated with or referring to the Holy See, as well as all the juridical entities indicated in the list approved by higher authorities of the Council for the Economy.

The text specifies that business or individuals subject to investigation for crimes, whether attempted or already committed, are excluded "from participation in procedures for direct awarding of contracts and being registered in the list of authorized vendors”.  Subcontracting is allowed "up to a maximum of 30% of the value of the contract".

The regulations also focus on details regarding the types of tender, the evaluations of technical bids and calculations used. In the case of "urgent interventions", the contracting authority can act without formalites, except for documenting as soon as possible the circumstances of the urgency and the acts carried out." With regard to the "regulation and execution of contracts", it has been established that "contracts with continuous and periodic execution cannot be stipulated for a period exceeding three years", "up to a maximum of a two more years".