ANAC — Autorità Nazionale Anticorruzione (Italy)
ANAC is the authority that supervises public contracts in Italy under Book V of D.Lgs. 36/2023. For a supplier it is not a distant watchdog: it owns the database that issues the tender code, it keeps the register that records your exclusions, it decides which buyers are allowed to run which tenders, it takes a fee from you on every offer above €150,000, and it can be asked for an opinion while a tender is still live.
Remit
Article 222(1) of the code assigns supervision and control of public contracts to ANAC, which also acts to prevent and counter illegality and corruption. Article 222(3) lists the powers: supervision of contracts in the ordinary and special sectors, including secretati and excluded contracts; supervision of contract performance; reports to Government and Parliament; supervision of the qualification system for works contractors and the related sanctioning powers; control over the derogatory regime for extreme urgency and civil protection (arts. 140 and 140-bis); collaborative supervision under protocols with individual buyers; standard costs and reference prices; the qualification of contracting authorities under article 63; and the national database under article 23. Under article 222(2) it issues bandi-tipo, capitolati-tipo and contratti-tipo.
What it records about you
Article 222(10) puts the casellario informatico inside the national database. Entries relate to the exclusion grounds of article 94, to information needed for SOA attestation under article 103, and to whatever else ANAC specifies; ANAC itself enters the interdiction measures under article 94(5)(e) and (f). It also sets how long entries last. This is the file a buyer sees when it checks you.
Article 31 establishes an Anagrafe degli operatori economici at ANAC, drawing on the business register and carrying certifying value for roles and offices not shown there. ANAC's own FAQ, updated 7 May 2026, states plainly that this register is not yet operational and will be regulated once interoperability with the Registro delle imprese is complete.
What it charges you
ANAC is financed by the market it supervises. Delibera n. 524 of 22 December 2025, in force from 1 January 2026, sets the contributions by estimated contract value. The bidder pays nothing below €150,000; €18 from €150,000 to €300,000; €33 to €500,000; €77 to €800,000; €90 to €1,000,000; €165 to €5,000,000; €220 to €20,000,000; and €560 above that. Buyers pay a separate, larger amount from €40,000 upwards.
Two mechanics matter. Payment is a condition of admissibility: you must show, when you submit the offer, that you have paid, and failure to do so is a ground for exclusion under article 1(67) of legge 266/2005. And in a lot-divided procedure you pay per lot, on the estimated value of each lot you bid for. Payment runs through the ANAC payments portal; the buyer can verify your receipt from the notice number and your tax code.
What it can do to you
Article 222(3)(a) allows fines from €500 to €5,000 for violations found in the supervised areas, and says that fines and repeat offences count against a contracting authority's qualification. Article 222(13) sets fines from €500 to €5,000 for refusing or omitting information or documents ANAC has asked for, or for failing to prove your requirements to a buyer, and from €500 to €10,000 for giving untrue information or documents about qualification requirements — without prejudice to criminal liability. Half the proceeds stay with ANAC; sanctions are published on its site with amounts and names.
The precontenzioso — a real 30-day route
Article 220(1) is the provision to know. On the initiative of the contracting authority or of one or more of the other parties, ANAC gives an opinion, after an adversarial exchange, within thirty days of receiving the request, on questions that have arisen during a tender. An operator that requested the opinion or joined it may challenge it only for breach of the rules of law going to the merits. An authority that will not comply must give reasons within fifteen days to the parties and to ANAC — which may then bring the action under article 220(3), giving a reasoned opinion within sixty days of learning of the violation and, if the authority still does not conform within the period set, appealing to the administrative court under article 120 of the code of administrative procedure.
The procedure is governed by the regulation adopted with delibera n. 267 of 20 June 2023, in force from 1 July 2023 for tenders advertised under the 2023 code, which under article 220(4) also identifies cases where an opinion may be sought during the execution phase. ANAC's own service page sets out the practical conditions: the request goes in on the electronic form; where it attacks an independently challengeable act it must be filed within the deadlines for judicial appeal; only the legal representative may sign; and the applicant must notify every interested party and prove it did so, on pain of inadmissibility. Trade associations may apply within the limits of their standing.
What to do about it
Register for ANAC's services early — you will need the digital identity anyway for the FVOE. Budget the contribution per lot and keep the receipt with the offer file, because the omission is fatal and unfixable. If you find a clause you believe unlawful, treat the thirty-day precontenzioso and the thirty-day court deadline as running together: the request does not extend the appeal window, so file both in time or choose deliberately between them.
Related terms
- CIG — Codice Identificativo Gara (Italy)
- BDNCP — Banca Dati Nazionale dei Contratti Pubblici (Italy)
- FVOE — Fascicolo Virtuale dell'Operatore Economico (Italy)
- Qualificazione delle stazioni appaltanti — qualification of contracting authorities (Italy)
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