Verification of the suitability of the workforce (art. 29 paragraph 10)
In the previous text, the verification of the suitability of the workforce in the context of public and private procurement the construction works are carried out by the project manager (RUP) for public procurement and to the client for private procurement. The Cohesion Decree modifies this provision by establishing that, in private procurement, the responsibility falls directly on the client only in the absence of a construction manager.
In fact, it reads: “10. In the context of public and private contracts for the construction of building works, before proceeding to the final payment of the worksThe project Managerin public procurement, and the project manager or the clientin the absence of appointment of the works manager, in private contracts, verify the appropriateness of the incidence of manpower on the overall work, in the cases and according to the methods set out in the decree of the Minister of Labor and Social Policies provided for by Article 8, paragraph 10-bis, of Legislative Decree no. 76 of 16 July 2020, converted, with amendments, by Law no. 120 of 11 September 2020.”
Responsibility in public procurement (art. 29 paragraph 11)
The new version of paragraph 11, introduced by the Cohesion Decree, eliminates the threshold of 150,000 euros of total contract value public, applying the rule to all public procurement without distinction of value. This amendment significantly broadens the scope of the regulation, increasing the responsibility of the project manager regardless of the value of the contract.
In fact, it reads: “11. In public procurement, without prejudice to the administrative-accounting liability profiles, the payment of the final balance by the project manager in the absence of a positive outcome of the verification or prior regularization of the position by the company awarded the works, is considered by the contracting authority for the purposes of evaluating the performance of the same. The outcome of the verification of the violation referred to in the first period is communicated to the National Anti-Corruption Authority (ANAC), also for the purposes of exercising the powers attributed to it pursuant to Article 222, paragraph 3, letter b), of the Public Contracts Code, pursuant to Legislative Decree 31 March 2023, no. 36.”
The elimination of the value threshold for public procurement increases the responsibility of the project manager in all cases of public procurement. This implies a greater commitment to ensuring the suitability of the workforce and the regularization of the position of the contracting company before the final balance is paid. The aim is clearly to increase transparency and reduce the possibility of irregularities in the public procurement sector.
Congruity in private procurement (art. 29 paragraph 12)
In the previous text, Article 12 applies to private procurement of a total value equal to or greater than 500,000 euros, establishing a administrative fine from 1,000 to 5,000 euros charged to the client in the event of payment of the final balance without positive verification or regularization of the company’s position.
The Cohesion Decree modifies this provision lowering the threshold to 70,000 euros and adding that the administrative sanction can be applied to the works manager, where appointed, or to the client in the absence of such appointment. This amendment significantly extends the scope of the regulation, making controls more stringent even for lower value contracts.
In fact, it reads: “12. In private contracts with a total value equal to or greater than 70,000 euros, the payment of the final balance by the client is subject to the acquisition, by the Director of the works, where appointed, or by the client himself, in the absence of appointment, of the certificate of congruity. The payment of the final balance, in the absence of a positive outcome of the verification or prior regularization of the position by the company entrusted with the works, entails an administrative sanction of between 1,000 and 5,000 euros charged to the director of the works or to the client, in the absence of appointment of the director of the works.”
By lowering the value threshold for private contracts to 70,000 euros and introducing the possibility of sanctioning the works manager, the Cohesion Decree introduces a stricter control even for smaller contracts. This can lead to a greater regularity and transparency in the private sectorencouraging clients to appoint construction managers and to carefully check the suitability of the workforce.
What changes from July 2024 for private construction sites
The introduction of sanctions against private clients was a recent innovation, initially provided for by the PNRR Decree 4, but only for construction sites with a total value equal to or greater than 500 thousand euros. These provisions were quickly superseded by the Cohesion Decree, in force since 7 July 2024, which lowers the threshold to 70 thousand euros, thus impacting the sector in a much more significant way.
Before these changesirregularities in construction works with a value equal to or greater than 70 thousand euros and less than 500 thousand entailed consequences only for businesseswhich from 1 November 2021 are obliged to deliver the DURC of congruity to clients for private works with a value equal to or greater than 70 thousand euros. In the event of incongruity of the labor, the competent Construction Fund reported the company, which was then registered in the database of irregular businesses.
