Art. 113. Incentives for technical functions

1. The costs related to the planning, the direction of the works or the execution manager, the supervision, the technical and administrative tests or compliance checks, static testing, studies and research related to the design of security plans and coordination and coordination of security during the execution phase when required pursuant to Legislative Decree 9 April 2008 n. 81, to the professional and specialist services necessary for the drafting of a complete executive project in every detail they charge the allocations foreseen for the single works, services and supplies contracts in the state of the expenditure estimates or in the budgets of the contracting stations.

2. With regard to the appropriations referred to in paragraph 1, contracting authorities shall allocate to a specific fund financial resources not exceeding 2 percent on the amount of works, services and supplies, based on the tender for technical functions carried out by the employees of the same exclusively for the planning activities of the investment expenditure, the preliminary evaluation of the projects, the preparation and control of the tender procedures and the execution of public contracts, the RUP, the direction of the works or the execution direction and of technical administrative testing or verification of conformity, of a static tester where necessary to allow the execution of the contract in compliance with the documents based on the tender, the project, the times and costs established. This provision is not provided for by those contracting authorities for which contracts or agreements are in place which provide for different procedures for the remuneration of the technical functions performed by their employees. The institutions that make up or make use of a central purchasing body can allocate the fund or part of it to employees of this plant. The provision referred to in this paragraph applies to contracts relating to services or supplies in the event that the executing director is appointed.

3. Eighty percent of the financial resources of the fund set up pursuant to paragraph 2 shall be allocated, for each work or work, service, supply with the methods and criteria envisaged during the decentralized staff contracting agreement, on the basis of a specific regulation adopted by the administrations according to the respective laws, between the sole responsible of the proceeding and the subjects that perform the technical functions indicated in paragraph 2 as well as among their collaborators. The amounts also include social security and welfare expenses borne by the administration. The contracting authority or the contracting entity establishes the criteria and modalities for the reduction of the financial resources related to the single work or work against any increase in time or costs that do not comply with the provisions of this decree. The payment of the incentive is arranged by the manager or by the service manager in charge of the competent structure, after having ascertained the specific activities carried out by the aforementioned employees. The total incentives paid during the year to the individual employee, even by different administrations, can not exceed the amount of 50 percent of the total annual economic treatment. The shares of the incentive corresponding to benefits not performed by the same employees, as entrusted to personnel external to the same body of the same administration, or without the aforementioned assessment, increase the proportion of the fund referred to in paragraph 2. This paragraph does not applies to personnel with managerial qualifications.

4. The remaining 20 percent of the financial resources of the fund referred to in paragraph 2 with the exclusion of resources deriving from European funding or other restricted funding is intended for the purchase by the institution of assets, equipment and functional innovation projects also for the progressive use of specific electronic methods and tools for the electronic modeling of buildings and infrastructures, the implementation of databases for the control and improvement of spending capacity and IT efficiency, with particular reference to electronic methods and instruments for controls. A part of the resources can be used for the activation by the contracting authorities of training and orientation apprentices referred to in Article 18 of the Law of 24 June 1997, n. 196 o for conducting high-level research doctorates in the field of public contracts after signing special agreements with universities and higher education institutions.

5. For the tasks performed by the personnel of a single central purchasing body in the execution of procedures for the acquisition of works, services and supplies on behalf of other entities, a share may be recognized, at the request of the single central office, not more than a quarter, of the incentive provided for in paragraph 2.
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