The publication in the Official Gazette and the simultaneous entry into force of the Legislative Decree 31 December 2024, n. 209 He reports all operators in the sector at a very high level of attention made necessary by the amount of articles contained and by the width of the interventions in all areas of the legislative decree 31 March 2023, n. 36.
The text consists of 97 articles that intervene to integrate the previous regulatory requirements in various areas and also including new articles and attachments.
Some of the most recurring arguments in the implementation procedures They are reported below with indications that illustrate the new regulatory conditions to be analyzed with the necessary attention also in relation to the fact that these prescriptions are in force from 31 December 2024.
In particular, the new text intervenes, among others, also on these areas:
- assignments for engineering and architecture services – new methods of application of the fair compensation with specific procedures for the design assignments above and under 140,000 euros and for other services (article 14 of Legislative Decree 209/2024);
- Mandatoryity of the BIM – mandatory for new construction interventions or existing buildings of work more than 2 million euros EE above the threshold of 5,538,000 for interventions on buildings of the state of artistic, historical, archaeological and ethno -anthropological interest referred to in Article 10, paragraph 1 of Legislative Decree 42/2004 (article 15 of Legislative Decree 209/2024);
- Design levels – with the legislative decree we have gone from the previous 3 levels to the current two, now with the corrective further changes are specified that affect a new procedure for the ordinary and extraordinary maintenance works that is based on the assignment of the works on the basis of the PFTE, – reintegrative clauses for the designer in case of criticality of the project – new methods of calculating the parcel for engineering and architecture services;
- rotation – possibility of reinvising the outgoing contractor after verifying the absence of alternatives and the quality of the rendered service (article 17 of Legislative Decree 209/2024);
- Price review – Vary the methods of calculation for the recognition of the price review, new paragraph for the revision prices in the contracts of services and supplies (article 23 of Legislative Decree 209/2024);
- qualification of the contracting stations – limits of the operability of the contracting stations, changes for procedures and requirements also for the verification of the requirements (article 26 of Legislative Decree 209/2024;
- stable consortia – now unnecessary consortia – different methods of assessing the requirements of the consortia and consortiums also for the purposes of the advance (article 27 of Legislative Decree 36/2023);
- guarantees – Some changes for temporary guarantees – Digital signature and consultability of the policy on the digital platform accessible from the contracting authority (article 35 of Legislative Decree 209/2024;
- subcontract – new requirements for the lower limit of subcontracting and new indications for the formulation of the offer in the presence of subcontractors (article 41 of Legislative Decree 209/2024);
- changes of contracts and variants -the new paragraph 15-bis of article 120 of Legislative Decree 36/2023 which provides for further contradictory verification, the designer and the contractor, for the control of the executive project and the limitation of the design errors for which , moreover, in article 41 of Legislative Decree 36/2023, the corrective added the paragraph 8-bis which provides for a contractual clause that binds the designer, in the event of design errors, to reintegrative performance for transactive to correct these errors ;
- anticipation – Construction of the anticipation for the work of an amount greater than 500 million euros – separate calculation for the design and work in the provision of the advance in the integrated contract procedures (article 44 of Legislative Decree 209 (2024);
- Technical consultative college – Changes to the requirements and operating procedures of the technical consultative college indicated by article 215 and annex V.2 of Legislative Decree 36/2023 (articles 62 and 94 of Legislative Decree 209/2024) – remains L remains ‘Mandatory nature of the CCT for contracts of work higher than the European relevance threshold while the obligation is canceled for those of services and supplies;
- testing – separation of the tests of public and non -public administrations with different methods of composition of the Commission (internal members or even external members).
The new fees for engineering and architecture services
Article 14 of the new Legislative Decree 209/2024 adds to article 41 of Legislative Decree 36/2023 the paragraph 15-bis which redefines the criteria for calculating the fees for engineering and architecture services articulating in three different modes the fees to be provided for services lower than 140,000 euros or equal to or greater than 140,000 euros By dividing the different cases according to two main areas: that of the design and that of the other services (works management, safety, DL office, testing).
The summary of the changes relating to the new paragraph 15-bis of article 41 of Legislative Decree 36/2023 are reported in the following scheme which simplifies the identification of the different conditions provided.
| Article 41, paragraph 15-bis of Legislative Decree 36/2023 new fees of engineering and architecture services | ||||
| Article Legislative Decree 209/2024 (corrective) | Article Legislative Decree 36/2023 modified | Scope of changes | New prescriptions | Regulatory references |
| Article 14 | Article 41 New paragraph 15-bis (Custody procedures: negotiated or above-subject) | Both with an amount equal to or greater than 140,000 euros
OEPV criterion Applicable to Tuti i (design, works management, DL office, safety, testing) |
– 65% fixed price of the price, not reduced – 35% reduced Economic score limit 30% |
Art. 41, new paragraph 15-bis of Legislative Decree 36/2023 art. 108, paragraph 2 letter b) Legislative Decree 36/2023 Annex I.13 to Legislative Decree 36/2023 for the calculation parameters of the planning fees |
| Article 41 New paragraph 15-quater (Custody procedure: Direct) | Both with a amount of less than 140,000 euros
OEPV criterion or less price Applicable to design alone |
Percentage reduction of the price not exceeding 20% | New paragraph 15-quater of article 41 of Legislative Decree 36/2023 art. 50, paragraph 2, letter b), Legislative Decree 36/2023 Annex I.13 to Legislative Decree 36/2023 for the calculation parameters of the planning fees | |
| Article 41 New paragraph 15-quater (Custody procedure: Direct) | Both with a amount of less than 140,000 euros
OEPV criterion or less price Applicable to the works management, DL office, security, testing |
Fair compensation for works management, DL office, safety, testing | Art. 50, paragraph 2, letter b), Legislative Decree 36/2023 | |
Other contributions will follow to examine, in a more specific way, the various problems by deepening, in a vertical way, the various knots that characterize them to be able to support a change.
