Il ruolo della reputazione nel mercato dei contratti pubblici: il rating d’impresa

The paper analyzes the “company rating”, a legal instrument which affects the dynamic of the public procurement market, emphasizing the prospective con- tractor’s past performances. The rating is a tool introduced by the Italian public procurement code to allow a better evaluation of candidates and their pro- posals. If not correctly used, it may generate distortions of the access to the ac- quisition procedure and of the award decisions. The paper identifies an Italian model of “company rating”, only partially inspired by the American one. It is a reward system, relevant both as a selection criterion of the economic operators, and as a contract award criterion. The research examines the potentialities and the limits of this reputational mechanism, within the boundaries of a legal framework which is still in progress, mostly delegated to the Anac guidelines.