Preventive verification of the archaeological interest
For public contracts for works within the protected assets pursuant to Legislative Decree 42/2004, the preventive verification of the archaeological interest It takes place with the methods referred to in Annex I.8 in which some elements concerning:
- the specification of a first phase of transmission to the Superintendencies of the PFTE of the intervention with particular attention to archive and bibliographic data;
- the drafting of a project for detailed archaeological investigations (in the event that a second phase of investigations are necessary) as required by article 16 of Annex II.18 of the Code) with investigations and supplementary documents; The conclusion of the second phase is foreseen within 90 days from the start of the investigations with the drafting of the definitive archaeological report approved by the Superintendent;
- In any case, the preventive verification procedure of the archaeological interest must be concluded no later than the date scheduled for the start of the works and must include any excavation or archaeological assistance project, in accordance with the provisions of article 16 of Annex II.18.
Paragraph 5-bis and information management tools
Paragraph 5-bis is added which prescribes, for i Contracts for ordinary and extraordinary maintenance workswith the exception of extraordinary maintenance interventions that provide for the renewal or replacement of structural parts of the works or systems, I, in compliance with the procedures for choosing the contractor, on the basis of the technical-economic feasibility project consisting of the documents referred to in article 6, paragraph 8-bis of Annex I.7. Therefore, the execution of the works indicated may be separated from the drafting or approval of the executive project.
The documents indicated in article 6, paragraph 8-bis of Annex I.7 are:
- general relationship;
- estimative metric calculation of the work;
- list of unit prices of the planned processes;
- safety and coordination plan.
Another integration that concerns the Management of information management tools provides, in paragraph 6, letter G-Bis it is prescribed that in these cases the information requirements developed for the pursuit of the design level objectives, and defined in the information specifications attached to the address document to the design are implemented.
Scheme of the new contractual provisions
Article 14, paragraph 1, letter “F” of Legislative Decree 209/2024 adds to article 41 of Legislative Decree 36/2023 the new paragraph 8-bis which provides:
«In the event of external assignment of one or more design levels, the design contracts entered into by the contracting stations and granting bodies provide in clauses expressed the reintegrative performance To which the designer is held, the designer to remedy specifically to errors or omissions in the design that emerged in the executive phase such as to prejudice in whole or in part the realization of the work or his future use. AND null every pact that excludes or limits the designer’s responsibility for errors or omissions in the design … “
Therefore now a contractual clause must be provided that establishes the obligation, as a transactive, for the designer, of promptly remedy errors or design omissions that should occur in the design phase (verification, validation, approval of the project) to their own charges and expenses without interrupting the execution of the works for the start of any compensation actions by the contracting authority that will be evaluated at a different moment.
Methods of calculating the fees for the design
The changes arranged with the addition of paragraphs 15-bis, 15-ter and 15-quater are related to the methods of calculation of the fees for the design and are regulated by article 1 of Annex I.13 to Legislative Decree 36/2023 due to the parameters to be applied and deduced from Table A of the same Annex I.13 which reassigns the rates of the codes of the various documents according to the new division of Two project levels consisting of the technical and economic feasibility project and the executive project.
For the purposes of calculating, therefore, it will be sufficient to identify, on the basis of the reforming design level, which are the elaborate subject of assignment whose codes must be inserted in the planning of the design calculation.
For all the other activities (works management, components of works management office, safety coordinators, test driver) remain in force, the existing and usable parameters and rates (DM 17/6/2016) for the calculation of the consideration which must be subject to the reduction indicated on offer.
Once the consideration is identified, two conditions are determined that regulate the preparation of the offers and that bind to the resulting amount:
- 1) the fees of amount equal to or greater than 140,000 euros (article 108, paragraph 2, letter b) of Legislative Decree 36/2023);
- 2) the fees of amount less than 140,000 euros (Article 50, paragraph 1, letter b) of Legislative Decree 36/2023).
In the first case, the amount of all the equal to or greater than 140,000 eurosthe new paragraph 15-bis of article 41 of Legislative Decree 36/2023 (added by the corrective) provides that the award of the contracts in question is based on a selection method referred to the following conditions:
- application of the most economically advantageous (mandatory) offer criterion;
- Economic score limit = 30 percent;
- Applicable procedures = negotiated or above-subject;
- Identification of the best quality/price ratio in the following ways:
- The 65% of the amount determined on the basis of the consideration identified as indicated in previous calculations it takes on the form of a fixed price (this means that for this share the price is blocked and the operators compete exclusively on the basis of qualitative criteria;
- The 35% of the determined amount As above it assumes the form of a variable share and therefore can be subject to a reduction in the presentation of the offers;
- The method of calculating the economic score is reported to Annex I.13, new paragraph 2-bis to Legislative Decree 36/2023 added by article 83 of Legislative Decree 209/2024 (corrective);
- The maximum economic score must be contained within the limit of 30 percent.
For the activities of Works management, components of works management office, safety coordinators, tested The Ministerial Decree of 17 June 2016 and Law 49/2023 remains applicable.
In the second case, the amount of the less than 140,000 euros entrusted pursuant to article 50, paragraph 1, letter b) of Legislative Decree 36/2023, the new paragraph 15-quater establishes that: “… the fees determined according to the methods of Annex I.13 can be reduced as a percentage not exceeding 20%”. This prescription implies that in the case of fees lower than 140,000 i only compensation relating to design (scope of application of Annex I.13) are subject to the reduction limit of 20%.
It follows that for the management of works management, components of the works management office, safety coordinators, test driver The Ministerial Decree of 17 June 2016 and Law 49/2023 remains applicableas referred to in article 8, paragraph 2, second period of Legislative Decree 36/2023 and the relative economic offer must comply with the provisions of Law 49/2023, with the criterion of the oepv or the lower price and the direct assignment procedure.
