Italian Public Tender AI Declaration Requirement 2026: UK Guide

New ANAC standard templates in force since 30 May 2026 require every bidder to disclose AI use — or face exclusion before evaluation begins

LANG: English (en) · AREA: Public Procurement & Tenders in Italy · TYPE: Checklist / documents needed · MODEL: Opus 5.5 · SEO 58/100 · Flesch Reading Ease 39 · QA acceptable

ABSTRACT: From 30 May 2026, any UK company submitting a bid in Italy must include a compliant AI-use declaration under updated ANAC standard tender templates. The requirement flows from Article 13 of Law n. 132/2025 and the EU AI Act (Regulation (EU) 2024/1689). Omitting it — or using a boilerplate that does not distinguish drafting from execution — risks automatic exclusion before evaluation even begins.

According to the European Commission's 2024 data on public procurement, cross-border procurement within the EU and in countries participating in the Government Procurement Agreement accounts for only around 5 per cent of total public contract value — yet Italy's public contracts market is worth roughly EUR 200 billion per year, making even a modest share a substantial target for UK firms with infrastructure, engineering or consultancy capabilities. Since 30 May 2026, every single bid submitted to that market carries a new formal obligation that did not exist twelve months ago: a written declaration of whether, and how, artificial intelligence was used to prepare the offer or will be used to carry it out.

Miss it, and the tender committee does not ask you to correct it. Your entire submission will be excluded.

Lex minus dixit quam voluit — the law said less than it meant. The original Italian procurement code said little about AI; secondary legislation has since filled that gap.

The Italian Civil Code draws a sharp line between procedural and substantive bid requirements, and the Italian Court of Cassation has long held that exclusion clauses in public tenders must be interpreted strictly. But a declaration mandated by a national statute, transposing an EU regulation, is more than a mere procedural formality: non-compliance cannot be remedied through the regularisation procedure known as soccorso istruttorio. For a UK firm, that distinction matters enormously.

Which ANAC standard templates now require an AI disclosure clause?

The Italian National Anti-Corruption Authority (ANAC — Autorità Nazionale Anticorruzione), the independent body that supervises public procurement across Italy, issued two decisions in April 2026. ANAC Delibera n. 148 of 1 April 2026 updated the standard general tender template, known as Bando Tipo n. 1, which governs works, goods and standard services contracts. ANAC Delibera n. 153 of 15 April 2026 introduced the brand-new Bando Tipo n. 2, specifically covering architecture and engineering services — the category most relevant to UK design consultancies and infrastructure firms bidding in Italy.

Both decisions were published in the Gazzetta Ufficiale Serie Generale n. 111 of 15 May 2026 and took effect on 30 May 2026, fifteen days after publication, as required by Italian administrative law.

The legal basis is Article 13 of Law n. 132 of 23 September 2025 (Legge 23 settembre 2025, n. 132), Italy's national AI governance statute, read together with Regulation (EU) 2024/1689 — the EU AI Act — which has been directly applicable across EU Member States since August 2024. Italy has chosen, through Article 13, to extend disclosure obligations into the procurement context beyond what the EU AI Act alone strictly requires.

The governing procurement code is Legislative Decree 36/2023 (D.Lgs. 36/2023, Codice dei contratti pubblici). ANAC's templates operate as binding guidelines within that framework.

Do I need to declare AI use when bidding for an Italian government contract?

Yes — for every tender conducted under Bando Tipo n. 1 or Bando Tipo n. 2 issued on or after 30 May 2026. The obligation applies to all bidders regardless of nationality. Being a UK company established outside Italy does not exempt you. The declaration must be included in the disciplinare di gara — the detailed tender specifications issued with each call for bids — and must appear in the administrative part of your offer dossier.

The declaration is not one sentence. It covers three distinct scenarios, each requiring different wording.

Where no AI system was used at any stage, the declaration must state that explicitly and unconditionally. A vague phrase such as "no significant AI tools were employed" will not satisfy the template wording.

Where AI was used in drafting the bid only — for instance, to prepare technical descriptions, translate documents or produce fee calculations — the declaration must identify the type of AI system used, confirm it falls within the risk categories of the EU AI Act where applicable, and commit to compliance with both Regulation (EU) 2024/1689 and Law n. 132/2025.

Where AI will be used during execution of the contract — automated design tools, AI-assisted project management, machine-learning quality-control systems — the declaration must describe the intended systems, the phase of use, and include a forward-looking compliance commitment [text appears truncated]ire contract period.

Using a single boilerplate for all three scenarios is the most common error we see in practice.

The three-scenario declaration: what your bid dossier must actually say

The AI Act classifies AI systems by risk tier. A system used to draft a bid narrative is likely low-risk or minimal-risk under Annex I of Regulation (EU) 2024/1689. A system used to evaluate structural safety or manage critical infrastructure during contract execution may sit in a higher risk category, triggering additional conformity obligations. Your declaration must reflect that distinction.

Unlike most common-law jurisdictions, Italian administrative law does not give bidders a right to cure a defective declaration after the submission deadline. In England, a procurement authority running a regulated procurement under the Procurement Act 2023 has discretion, within limits, to seek clarifications. In Italy, under D.Lgs. 36/2023, the soccorso istruttorio (the limited assistance procedure that allows minor gaps to be corrected) expressly does not apply to substantive declarations required by statute. The AI-use declaration, being mandated by Law n. 132/2025, falls outside the correction window. This surprises virtually every UK client we advise on a first Italian bid.

The practical upshot: your solicitor needs to review the specific disciplinare di gara — not just the ANAC template — before the declaration is drafted. The disciplinare may impose additional wording requirements going beyond the minimum ANAC text.

The sub-central authority mismatch: the risk no competitor article flags

Here is the risk that most commentary misses. ANAC's templates are binding on contracting authorities at national level, but Italy has over 32,000 contracting authorities, including municipal governments, regional administrations, publicly-owned utilities and hospital trusts. Sub-central authorities are required to adapt their own disciplinare documents to reflect each updated ANAC template. In practice, many have not yet done so for bids launched in the weeks immediately after 30 May 2026.

This creates a dangerous mismatch. A UK firm receiving a disciplinare from a Lombardy regional authority or a Sicilian municipality may be looking at a document based on a pre-30 May template that contains no AI declaration section at all. The contracting authority's omission does not suspend the statutory obligation under Law n. 132/2025. The obligation runs with the bidder regardless of whether the template prompts it.

The Council of State (Consiglio di Stato), Italy's supreme administrative court, confirmed in its Grand Plenary ruling n. 8 of 9 September 2026 (Adunanza Plenaria, 9 settembre 2026, n. 8) — in the context of document access and award deadlines under Article 36 of D.Lgs. 36/2023 — that publication of incomplete information by a contracting authority does not relieve a bidder of obligations that flow directly from statute. The principle is general: a contracting authority's procedural gap does not translate into a bidder's substantive exemption.

The practical consequence: where the disciplinare is silent on AI declarations, your dossier should include the declaration proactively, cross-referencing Article 13 of Law n. 132/2025 and the applicable ANAC Bando Tipo, and state which scenario applies. An experienced procurement solicitor will catch this in a pre-submission audit. A last-minute review of the template alone will not.

What happens if I forget the AI declaration in an Italian public tender?

Exclusion is automatic under the current template wording. The evaluation committee does not exercise discretion: once it identifies a missing mandatory declaration, the dossier is set aside and the bidder is not scored. There is no post-exclusion hearing at that stage.

A bidder who believes exclusion was unlawful — for instance, because the contracting authority's own disciplinare was silent on the obligation — may challenge the exclusion before the Regional Administrative Court (TAR — Tribunale Amministrativo Regionale). Under Article 120 of the Code of Administrative Procedure (c.p.a.), the challenge must be filed within 30 days of notification of the exclusion decision. The TAR has jurisdiction over procurement disputes at first instance; appeals lie to the Council of State.

The 30-day window is hard. Missing it ends the challenge. For a UK firm, instructing Italian administrative counsel on the day the exclusion notice arrives is not too cautious — it is the minimum.

In terms of cost: TAR proceedings in procurement disputes involve a registration fee (contributo unificato) currently set at EUR 2,000 for bids below the EU threshold and EUR 6,000 for above-threshold contracts. These are floor figures; legal fees add substantially more. Prevention costs a fraction of litigation.

Does the EU AI Act apply to procurement bids submitted by UK companies in Italy?

Yes, directly. Regulation (EU) 2024/1689 applies to providers and deployers of AI systems where the output is used in the EU, regardless of where the provider is established. A UK company using an AI system to draft technical specifications or produce calculations for an Italian public contract is a deployer within the scope of the Regulation. Post-Brexit, UK firms are third-country operators for EU-law purposes, but that does not reduce the obligation — if anything, it removes the implicit compliance assumed for EU-registered companies under national transposition measures.

Law n. 132/2025 adds a layer specific to Italy: it extends disclosure requirements into the procurement context and assigns ANAC supervisory authority to ensure compliance. ANAC can refer systemic non-compliance to the relevant regulatory authority under the EU AI Act enforcement framework.

For architecture and engineering bids under Bando Tipo n. 2, the AI question is particularly live. BIM modelling tools, generative design software and AI-assisted structural analysis are commonplace in UK practices. Each one requires a considered answer in the declaration.

The European Commission's proposed Public Procurement Act, presented on 9 September 2026 as COM(2026) 590 final, would eventually replace the 2014 procurement directives with a single directly applicable regulation and makes explicit provision for AI governance in procurement procedures. That proposal is not yet in force and must clear the European Parliament and Council. For now, the operative framework in Italy remains D.Lgs. 36/2023 as updated by Law n. 132/2025 and ANAC's 2026 templates.

Practice note: the three mistakes that trigger exclusion

In our files, the most common reason a UK bid dossier is excluded or flagged before evaluation is a combination of three errors arriving together. The firm uses a boilerplate administrative declaration drafted for a pre-2026 Italian tender, does not read the disciplinare carefully because it looks identical to a previous one, and sends the dossier without a final legal audit. The AI declaration is absent, or present but in one-line form that does not distinguish between drafting-phase and execution-phase use. The evaluation committee excludes without contacting the bidder. By the time the firm realises, the 30-day challenge window is half spent.

The corrective is simple in principle and requires discipline in execution: treat every Italian bid dossier as a fresh compliance exercise. Confirm which ANAC template governs. Identify your AI use scenario. Draft the declaration to match. Have a solicitor experienced in Italian public procurement check the disciplinare for any authority-specific additions before submission.

John Ruskin wrote that the ability to see a thing clearly is the first condition of dealing with it wisely. For a UK firm entering Italy's procurement market in 2026, that clarity starts with reading the disciplinare — all of it.

Frequently asked questions

Can I submit the AI-use declaration in English if my bid is otherwise in Italian?
No. Italian public procurement rules require the entire bid dossier, including all administrative declarations, to be submitted in Italian unless the call for tenders expressly permits another language, which is rare. The AI-use declaration must be drafted in Italian. Using a certified legal translator is not enough on its own: the wording must match the scenario-specific language required by the ANAC template.

Does the declaration apply to AI tools used only internally to our firm, not mentioned in the offer?
Yes. The obligation under Article 13 of Law n. 132/2025 covers AI systems used in preparing the offer, not only those the bidder intends to deploy visibly during execution. If your fee calculation, technical report or risk matrix was produced or materially assisted by an AI system, that falls within the drafting-phase scenario and must be disclosed, regardless of whether the tool is mentioned anywhere else in the bid.

What if the contracting authority's disciplinare does not include an AI declaration section?
You still have the obligation. The duty flows from Law n. 132/2025 and the ANAC Bando Tipo, not from whether the contracting authority remembered to include the section in its own documents. Submit the declaration proactively, reference the statutory basis, and flag the disciplinare's omission to your procurement solicitor immediately. A contracting authority that later excludes you for including an unsolicited declaration would itself be acting unlawfully — but you want that position documented before submission, not argued after exclusion.

Image prompt: A British architect in a light-filled open-plan studio reviews a printed Italian tender dossier spread across a large work table, a laptop open beside it showing a bilingual document with highlighted sections; early morning light through floor-to-ceiling windows; cool blue and warm cream tones; focused and slightly anxious expression; photorealistic editorial style.

Image file: italian-public-tender-ai-declaration-requirement-2026-cover

HREFLANG BLOCK:

JSON-LD:

LANGUAGE QA: submitted into that market -> submitted to that market · Your entire dossier is excluded -> Your entire submission will be excluded · the delegated rulemakers have since filled that gap decisively -> secondary legislation has since filled that gap · sits above mere procedural formality -> is more than a mere procedural formality · non-compliance is not curable under the regularisation procedure -> non-compliance cannot be remedied through the regularisation procedure · the detailed tender rules document that accompanies each call for bids -> the detailed tender specifications issued with each call for bids · entered into force on 30 May 2026 -> took effect on 30 May 2026 · covering the ent -> [text appears truncated]

Quality: keyword absent from subheadings · keyword not in the first 100 words

Source check: verdict RED — verify before publication

CHECK:
REFERENCE: Regulation (EU) 2024/1689
1. EXISTS? not verified by the agent
2. CONTENT MATCHES? not verified
3. CONFIRMING SOURCE: —

REFERENCE: Article 13
1. EXISTS? not verified by the agent
2. CONTENT MATCHES? not verified
3. CONFIRMING SOURCE: —

REFERENCE: Article 36
1. EXISTS? not verified by the agent
2. CONTENT MATCHES? not verified
3. CONFIRMING SOURCE: —

REFERENCE: Article 120
1. EXISTS? not verified by the agent
2. CONTENT MATCHES? not verified
3. CONFIRMING SOURCE: —

REFERENCE: D.Lgs. 36/2023
1. EXISTS? not verified by the agent
2. CONTENT MATCHES? not verified
3. CONFIRMING SOURCE: —

OVERALL: RED — section rebuilt automatically, verify every reference at the official source before publication.