Art. 196. Controls on performance and testing

1. The testing of the infrastructures shall be done in the manner and within the term set forth in Article 102.

2. For infrastructures of great significance or complexity, the contracting authority can authorize the testing commissions to use the support and investigation services of specialized parties in the sector. The relative costs shall be borne by the funds available to the contracting authority for the realization of the above infrastructures in the manner and within the limits established by a decree of the Minister of Infrastructures and Transportation, together with the Minister of the Economy and Finance. The contractor entrusted with testing support cannot have any relationship with the party that designed, directed, supervised or realized all or part of the infrastructure. see Decree of the MIT no. 567 of December 7, 2017, published in the Italian Official Gazette, General Series no. 12 of January 16, 2018, concerning the test of major infrastructure projects awarded through general contract

3. With respect to public works contracts, awarded using the formula of the general contractor, a mandatory national list shall be created at the Ministry of Infrastructures and Transportation of the parties who can respectively act as site supervisor and director of testing. Their appointment in the procurement procedures shall be made by public drawing from a list of candidates indicated by the contracting authorities in a number that is at least three times that for each role to be covered and which also provides that the costs to maintain the register shall be borne by the parties concerned.

4. A Decree of the Minister of Infrastructures and Transportation, to be adopted within six months from the date this Code enters into force, shall regulate the criteria, the specific prerequisites of morality, skill and professionalism, the manner of registration in the register as well as the fees to be paid, which cannot exceed the limits set forth in Articles 23-bis and 23-ter of Law Decree No. 201 of 6 December 2011, converted, with modifications, by Law No. 214 of 22 December 2011 and subsequent modifications, and Article 13 of Law Decree No. 66 of 24 April 2014, converted, with modifications, by Law No. 89 of Law 23 June 2014. Article 216, paragraph 21 shall apply until the date of entry in force of the Decree set forth in paragraph 4.