1. Work regarding moveable assets, decorated surfaces of architectural property and historical materials of real property of historic, artistic or archeological interest, archeological excavations, including underwater, as well as work related to villas, parks and gardens as set forth in Article 10, paragraph 4, clause f) of the Code of Cultural Heritage and Landscape, shall not be awarded jointly with work regarding other categories of general and special work, unless there are justified and exceptional needs to coordinate the work, determined by the person in charge of the procedure, and in any case not regarding occupational safety in accordance with Legislative Decree No. 81 of 9 April 2008, that require a joint appointment. This is without prejudice to what is provided by Article 146 on the qualification prerequisites established in this Chapter.
2. In no case may the specialized work set forth in paragraph 1 be included in another category or omitted in the indication of the works that are part of the intervention, independently from the percentage that the value of the specialized work has with respect to the overall amount. For such purpose the contracting authority shall indicate separately, in the tender documents, the activities regarding monitoring, maintenance, and the restoration of the assets set forth in paragraph 1, with respect to those of a structural and plant engineering nature, as well as functional adjustments inherent to real property protected in accordance with the Code of Cultural Heritage and Landscape.
3. For works contracts whose object is the staging of the institutes and places of culture set forth in Article 101 of the Code of Cultural Heritage and Landscape, and for the maintenance and renovation of villas, parks and gardens set forth in Article 10, paragraph 4, clause f) of the Code of Cultural Heritage and Landscape, the contracting authority, upon a reasoned measure of the person in charge of the procedure, can apply the regime related to services or supplies when the services or supplies are qualitatively predominant for purposes of the object of the contract, independently from the cost of the work.
4. The parties who perform the works set forth in paragraph 1 must in any case have the qualification prerequisites established by this Chapter.
5. Article 28 shall apply to anything not otherwise governed by paragraphs 1, 2 and 3.
6. The works set forth in paragraph 1 shall normally be contracted on a unit-price basis, independently from the relative amount. For the work set forth in this Chapter, in derogation of the provision set forth in Article 95, paragraph 4, the criterion of the lowest cost for the work can be used for amounts equal to or less than 500,000 Euro.
7. The performance of the works set forth in this Chapter is allowed in extremely urgent situations, in which any delay may be prejudicial to the public wellbeing or to the protection of the asset, up to the amount of three hundred thousand Euro, in the manner set forth in Article 163 of this Code. Within the same limits of the amount, the performance of work on an urgent basis is also allowed in relation to particular types of interventions specified by the Decree set forth in Article 146, paragraph 4.
Il primo portale web, liberamente accessibile, interamente dedicato al Codice degli Appalti (D.Lgs 163/2006)