The short answer
A Chinese company can take part in public tenders in Italy, but with some caveats. China is not a party to the WTO Government Procurement Agreement and, according to the Court of Justice of the EU (Kolin judgment, October 2024), operators from countries with no procurement agreement with the EU cannot rely on the EU directives: participation therefore depends on the choices of the contracting authority. In contracts worth €250 million or more, foreign financial contributions must be notified under the Foreign Subsidies Regulation (FSR), and International Procurement Instrument (IPI) measures apply to medical devices.
Who this guide is for
Chinese companies in construction, plant engineering, energy, transport, technology and medical devices, bidding alone or in a temporary consortium with Italian companies.
The framework: Public Contracts Code and third-country access
Italian tenders are governed by the Public Contracts Code (Legislative Decree 36/2023). For operators from countries with no procurement agreement with the EU, such as China, the contracting authority can decide whether to admit them and on what terms. The most solid route is often to bid through a company incorporated in Italy or in a temporary consortium (RTI) with Italian companies.
Foreign subsidies (FSR)
If the estimated contract value is €250 million or more and the operator has received financial contributions of at least €4 million per country from non-EU states in the last three years, a notification must be submitted to the European Commission; otherwise, a declaration. The award is suspended during the review.
The International Procurement Instrument (IPI)
Since 2025 the EU has applied the first IPI measure: in tenders for medical devices worth more than €5 million, Chinese operators are excluded and bids may contain only a limited share of components of Chinese origin. Further measures may cover new sectors.
Requirements and the bid
Public works above €150,000 require SOA certification; for services and supplies, turnover, similar past contracts and certifications such as ISO 9001, 14001 and 45001 count. All documentation must be translated and uploaded to the e-procurement platforms; the technical bid, which accounts for at least 70% of the score in tenders awarded on the most economically advantageous tender basis, must be built around the tender criteria and the minimum environmental criteria (CAM).
Step by step
- 01Check whether the contracting authority admits third-country operators and on what terms
- 02Consider bidding through an Italian company or a temporary consortium
- 03Check the applicable FSR thresholds and IPI measures
- 04Obtain the required qualifications and certifications (SOA, ISO)
- 05Prepare the translated administrative documents and the technical bid
- 06Handle the upload, clarification requests and post-award verification of requirements
Mistakes to avoid
- Assuming you have the same right to bid as an EU operator
- Discovering the FSR notification requirement after the bid has been submitted
- Translating a standard technical bid instead of building it around the tender criteria
How we help
Our tenders team designs technical bids and tender documentation for companies, consortia and temporary groupings; through our Shanghai office we coordinate the Chinese partner, translations, certifications and the FSR and IPI checks.