Engineering and architectural service fees: reflections on new calculation methods

Calculation of engineering and architectural services fees

As regards planning, which now includes only two levels, there remains the possibility of using existing spreadsheets (still structured on the previous three levels) identifying the documents on the basis of their respective coding and according to their belonging to the two new levels as established by Table A of Annex I.13 to Legislative Decree 36/2023.

For the purposes of the calculation, therefore, it will be sufficient to identify, on the basis of the reference design level, which documents are the object of the assignment (which Annex I. 13 places in the two different design levels) whose codes must be selected in the design fee calculation program (it is still possible to use the available spreadsheets precisely because the codes are exactly the same).

For all other activities (works management, members of the works management office, safety coordinators, tester) the existing parameters and rates remain in force and can be used for the calculation of the fee with the current decree; the final amount will be subject to any reduction indicated in the economic offer.

Preparation of offers

Once the fee has been calculated and the fee for the services has been identified, two conditions are determined which regulate the preparation of the offers and which are linked to the resulting amount:

1. fees of an amount equal to or greater than 140,000 euros (article 108, paragraph 2, letter b) of Legislative Decree 36/2023);
2. fees of an amount lower than 140,000 euros (article 50, paragraph 1, letter b) of Legislative Decree 36/2023).

In the first case, amount of all SIA equal to or greater than 140,000 euros, the new paragraph 15-bis of article 41 of Legislative Decree 36/2023 (added by Article 14 of Legislative Decree 209/2024, corrective) provides that the award of the contracts in question is based on a selection method referring to the following conditions established by Article 14 of Legislative Decree 209/2024 which modifies the article 41 of Legislative Decree 36/2023:

• application of the criterion of the most economically advantageous offer (mandatory above the threshold of 140,000 euros);
• economic score limit;
• applicable procedures = negotiated or above-threshold;
• identification of the best quality/price ratio in the following ways:
• 65% of the amount determined on the basis of the fee identified with the calculation of the parcel takes the form of a fixed price (this means that for this portion the price is blocked and the operators compete exclusively on the basis of qualitative criteria);
• 35% of the amount always determined by the calculation of the parcel takes the form of a variable quota and therefore can be subject to a reduction when submitting the offers;
• the method of calculating the economic score is reported in Annex I.13, new paragraph 2-bis of Legislative Decree 36/2023 added by Article 83 of Legislative Decree 209/2024 (corrective);
• the maximum economic score must be within the limit of 30 percent of the overall score.

For works management activities, members of the works management office, safety coordinators, test driver, fair compensation remains applicable, as referred to in Article 8, paragraph 2, second sentence of Legislative Decree 36/2023 and the related economic offer must comply with the provisions of the law.

In the second case, amount of SIA less than 140,000 euros entrusted pursuant to article 50, paragraph 1, letter b) of Legislative Decree 36/2023 (direct assignment), the new paragraph 15-quater establishes that: “… the fees determined according to the methods of Annex I.13 may be reduced by a percentage not exceeding 20%”. This requirement means that in the case of fees lower than 140,000, only the fees relating to design (scope of application of Annex I.13) are subject to the maximum reduction limit of 20%.

It follows that for works management activities, members of the works management office, safety coordinators, test driver, as in the previous case, fair compensation remains applicable, as referred to in Article 8, paragraph 2, second sentence of Legislative Decree 36/2023 and the related economic offer must comply with the provisions of Law 49/2023, with the OEPV or lowest price criterion and the direct award procedure (even without request for multiple quotes).

Summary table

The following summary table shows the main elements referring to the two main conditions described.

Pursuant to the provisions of the new paragraph 15-ter of article 41 of Legislative Decree 36/2023 as amended by Article 14, paragraph 1, letter i) point b) of Legislative Decree 209/2024, the provisions regarding the exclusion of anomalous offers referred to in Article 54, paragraph 1, third sentence of Legislative Decree 36/2023 remain unchanged.

BIM obligation and parcel increase

In application of Article 2, paragraph 5 of Annex I.13 to Legislative Decree 36/2023, it is envisaged that in contracts for which the adoption of digital construction information management (BIM) methods and tools is mandatory, a percentage increase of 10% must be applied to the parcel (for design) in addition to the calculation of fees; the percentage of expenses is added to the amount.

The applicability of the threshold of €5,538,000.00 which triggers the obligation to use digital construction information management tools for cultural heritage refers to the following buildings (article 10, paragraph 1, of Legislative Decree 42/2004):

• immovable and movable things belonging to the State, the regions, other territorial public bodies, as well as any other public body and institution and private non-profit legal entities, including civilly recognized ecclesiastical bodies, which present artistic, historical, archaeological or ethno-anthropological interest;
• the collections of museums, art galleries, galleries and other exhibition places of the State, the regions, other territorial public bodies, as well as any other public body and institute;
• the archives and individual documents of the State, of the regions, of other territorial public bodies, as well as of any other public body and institution;
• the book collections of the libraries of the State, of the regions, of other territorial public bodies, as well as of any other public body and institute, with the exception of the collections that perform the functions of the libraries indicated in article 47, paragraph 2, of the Presidential Decree of 24 July 1977, n. 616.

They are also cultural assets, when the declaration required by article 13 of Legislative Decree 42/2004 has been made (declaration of cultural interest):

• a) immovable and movable things that present particularly important artistic, historical, archaeological or ethno-anthropological interest, belonging to subjects other than those indicated in paragraph 1;
• b) archives and individual documents, belonging to private individuals, which are of particularly important historical interest;
• c) book collections, belonging to private individuals, of exceptional cultural interest;
• d) immovable and movable things, belonging to anyone, which are of particularly important interest due to their reference to the history of politics, military, literature, art, science, technology, industry and culture in general, or as evidence of the identity and history of public, collective or religious institutions;
• d-bis) things, belonging to anyone, which present an exceptional artistic, historical, archaeological or ethno-anthropological interest for the integrity and completeness of the cultural heritage of the Nation;
• e) collections or series of objects, belonging to whoever, which are not included among those indicated in paragraph 2 and which, due to tradition, fame and particular environmental characteristics, or due to artistic, historical, archaeological, numismatic or ethnoanthropological relevance, are of exceptional overall interest.