The new methods of appointment of the tests
In the first case This is the provision that provides, in the letter “a” of the new paragraph 4 of article 116 of Legislative Decree 36/2023, that the contracting stations and granting bodies that are public administrations name from one to three tests chosen between their staff or between the staff of other public administrationswith qualification compared to the type and characteristic of the contract, in possession of the requirements of morality, competence and professionalism. Employees of the same administration belong to functionally independent structures. In this case, therefore, The possibility of appointing is not contemplatedin lack of staff with the requirements, External technicians selected with public evidence procedures.
The second case (Letter “B” of the new paragraph 4 of article 116 of Legislative Decree 36/2023) affects the contracting stations and granting bodies that they are not public administrations and appoint one to three test drivers of which at least one must be identified between public administration staff. All tests must have a qualification compared to the type and characteristics of the contract and requirements of morality, competence and professionalism. “.
The third case (New paragraph 4-bis of article 116 of Legislative Decree 36/2023) concerns the Contracting stations and other public administrations who must identify among their staff units, the test driver of the structures for the drafting of the static test. For ascertained deficiency in the staff of the contracting authority, or in cases of particular technical complexitythe contracting authority can Check the possibility of appointing the test driver among employees of other public administrations formulating, also at the same time, specially Request for at least three administrationsand, in case of non -refundment within the term of thirty days, entrust the assignment in the manner provided for by the code.
The compensation due for the testing activity is contained for the staff of the same administration in the context of the incentive referred to in article 45 of Legislative Decree 36/2023, while for the staff of other public administrations it is determined pursuant to article 29, paragraph 1, of annex II.14 to Legislative Decree 36/2023.
Works of particular complexity
Before entering the merits, it is believed to report what is established in article 2, paragraph 1, letter “d” of Annex I.1 to Legislative Decree 36/2023 regarding the characteristics of the works of particular complexity:
d) “complex works contracts”, the contracts concerning works characterized by particular complexity In relation to the type of works, the use of innovative materials and componentsat the need to coordinate heterogeneous disciplines or execution in places they present logistical difficulties or particular geotechnical, hydraulic, geological and environmental problems. In any case, all those works are complex for which a high level of knowledge to mitigate the risk of lengthening the contractual times or the overcoming of the expected costs, or to protect the health and safety of the workers involved.
The fourth case (New paragraph 4-ter of article 116 of Legislative Decree 36/2023) concerns the condition of the testing of the test driver or testing commission, for works of particular complexitywhich at any time, can decide to make use, after adequate motivation, of one technical-administrative secretariat in possession of specific skills for preliminary and organizational support activities. The member or members of the technical-administrative secretariat are chosen by the test driver or by the President of the Commission. The charges of the secretariat are borne by the test driver or members of the test commission and are paid in the manner referred to in Article 29-bis. of Annex II.14. »
Incompatibility of assignments
The new paragraph 6 of article 116 of Legislative Decree 36/2023 defines the positions of incompatibility for the purposes of the appointment of testers, establishing that tests of testing and verification of conformity cannot be entrusted:
- A-bis) to the ordinary, administrative and accounting magistratesand to Lawyers and prosecutors of the State (in service activities and, for contracts for public works of an amount equal to or greater than the threshold of European relevance, to those in retirement in the Region or in the Regions where the service activity has been carried out;) in retirement that in any capacity have intervened during the award or execution of the contract subject to the test or that have other reasons for conflict of interest referred to in article 16 of Legislative Decree 36/2023;
- b) to the employees belonging to the roles of the public administration in service or in treatment of retirementfor (procurement of public works of an amount equal to or greater than the threshold of European importance located in the Region or in the Regions where it is carried out for employees in service or was carried out for those in retirement, the service activity) which there are reasons of conflict of interest referred to in article 16 of Legislative Decree 36/2023;
- c) to those who have had in the previous three -year period self -employed or subordinate employment with economic operators to any reason involved in the execution of the contract;
- d) to those who have however carried out or carry out control, verification, design, approval, authorization, supervision or direction on the contract to be tested;
- And) to those who participated in the tender procedure.
>> If you want to receive news like this directly on your smartphone subscribe to our new Telegram channel!
