Art. 24. Internal and external planning to contracting authorities in the field of public works
1. Provisions relating to the planning of technical and economic feasibility, final and executive, with reference to testing, coordination of security and planning as well as to the direction of works and to technical and administrative supporting tasks to the activity of the responsible for the process and of the manager competent for the planning of public works shall be carried out:
a) by technical divisions of contracting authorities or entities;
b) by consortium divisions for planning and direction of works that the municipalities, the relevant consortia and union thereof, the mountain communities, the local health authorities, consortia, industrialization and remediation authorities may establish;
c) by bodies of other public administration on whom contracting authorities or entities may rely by law;
d) by subjects referred to in Article 46.
2. By means of a decree of the Minister of Infrastructures and Transports, to be adopted within 90 days from the entry into force of this Code, after having obtained the opinion by ANAC, the requirements to be possessed by subjects referred to in Article 46, paragraph 1, shall be defined. Until the entry into force of that decree, Article 216, paragraph 4 shall apply.
3. Projects drawn up by subjects referred to in paragraph 1, letters a), b) and c), are signed by employees of the public administrations qualified to pursue the relevant profession. Public employees with a part-time work contract shall not perform, in the territorial area of their offices, professional tasks on behalf of public administrations referred to in Article 1, paragraph 2 of legislative decree n. 165 of 30 March 2001, and subsequent modifications, where not consequent to work relationships.
4. Contracting authorities or entities shall borne the charge for insurance policies covering professional risks for employees charged with planning. In case of award of the planning to external subjects, policies shall be borne to those same subjects.
5. Irrespective of the juridical nature of the contractor, the tasks shall be carried out by professionals enrolled in the specific registers provided by the currently existing professional bodies, individually responsible and nominally indicated already at the moment of the presentation of the tender, with specification of the relevant professional qualifications. In the tender shall also be indicated the natural person in charge of the integration among the different specialized performances. The decree referred to in paragraph 2 shall also identify the criteria in order to ensure the presence of young professionals, individually or in association, in groups competing for calls relating to tasks for planning, design contests and contests of ideas, which contracting authorities take into account for the purpose of the award. When finally awarding the task, the entrusted subjects shall demonstrate not to be in the conditions referred to in Article 80, as well as to possess the requirements and capacities set out in Article 83, paragraph 1,
6. Where a complex service consists of the sum of different services, including some reserved to professionals enrolled in registers of bodies or associations, the contract notice or invitation shall explicitly require that the responsible for that part of the service shall be indicated. That subject shall possess the requirements in case the service is tendered separately.
7. Without prejudice to what provided for in Article 59, paragraph 1, fourth period, the contractors for planning tasks regarding tendered projects shall not be awardees of contracts, or concessions of public works, as well as of any subcontract or piecework, for which they carried out planning activities. To those same contracts, concessions of public works, subcontracts and piecework shall not take part a subject that is controlled, controls or is connected to the contractor for planning activities. Situations of control and connection shall be determined with reference to what provided for in Article 2359 of the Civil Code. The prohibitions in this paragraph shall be extended to the employees of the contractor for planning activities, to its associates in the performance of the task and to their staff, as well as to contractors for planning supporting activities and their employees. Those prohibitions shall not apply where the abovementioned subjects can demonstrate that the experience gained in the performance of the activities of planning is not such as to determine an advantage capable of falsifying competition with other economic operators.
8. The Minister of Justice, in accordance with the Minister of Infrastructures and Transports shall approve, by means of a decree, to be adopted not later than 60 days after the entry into force of this Code, the table of compensations, to be commensurate to the qualitative level of provisions and activities referred to in this Article and in Article 31, paragraph 8. The abovementioned compensations shall be used by contracting authorities or entities as a criterion or baseline for the purpose of identifying the amount to be tendered for the award. Until the entry into force of this Code, Article 216 paragraph 6 shall apply. see Decree of the Ministry of Justice June 17, 2016, published in the Italian Official Gazette no. 174 of July 27, 2016 concerning the approval of the schedules of the consideration based on quality for the design performances
8-bis. Contracting authorities or entities shall not make subject the payment of compensations relating to planning activities and technical and administrative connected activities to the financing of the projected work. In the agreement concluded with the contractor the conditions and modalities for the payment of compensations shall be provided with reference to Articles 9 and 10 of law n. 143 of 2 March 1949, and subsequent modifications.
8-ter. In contracts having as their subject-matter services of engineering and architecture the contracting authority or entity shall not provide as a compensation forms of sponsorship or reimbursement, except for contracts relating to cultural heritage in accordance with what provided for in Article 151.
see Decree of the MIT no. 263 of December 2, 2016, published in the Italian Official Gazette no. 36 of February 13, 2017 regarding the requirements for the operators in architectural and engineering services
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