Art. 26. Preliminary verification of the planning

1. The contracting authority or entity, in contracts relating to work, shall verify the correspondence of the design scripts to the documents referred to in Article 23, as well as the conformity to the legislation currently in force.

2. The verification referred to in paragraph 1 shall occur before the initiation of the award procedures; in cases in which it is possible to jointly award design and execution, the verification of the design drawn up by the contractor shall take place before the initiation of the works.

3. In order to ascertain the design unity, the subjects referred to in paragraph 6, before the approval and in contradictory with the designer, shall verify the conformity of the executive or final project respectively with the final project or feasibility project. To the contradictory shall also take part the designer author of the project constituting the base of the tender, which shall comment on that conformity.

4. The verification shall ascertain, in particular:

a) the completeness of the design;

b) the coherency and completeness of the economic framework in all its aspects;

c) the possibility that the chosen design solutions may be object of a tender;

d) the preconditions for the duration of the work over time;

e) the minimization of the risks of introduction of variants and litigation;

f) the possibility to finalize the works within the provided time limits;

g) the security for manpower and users;

h) the adequacy of the unitary prices that have been used;

i) the possibility for the works to be maintained, where required.

5. The charges deriving from the ascertainment of the correspondence to the design scripts shall be included in the resources allocated for the realization of the works.

6. The activity of verification shall be carried out by the following subjects:

a) for works whose amount is equal to or exceeds € 20 million, by accredited control bodies pursuant to European norm UNI CEI EN ISO/IEC 17020;

b) for works whose amount is less than € 20 million and up to the threshold set out in Article 35, by subjects referred to in letter a) and in Article 46, paragraph 1, which possess an internal system for quality control;

c) for works whose amount is less than the threshold set out in Article 35 and up to € 1 million, the verification may be carried out by the technical offices of the contracting authorities or entities where the project has been drawn up by external designers or the same contracting authorities or entities have an internal system of quality control at their disposal where the project has been drawn up by internal designers;

d) for the works whose amount is less than € 1 million, the verification shall be carried out by the official responsible of the procedure, also relying on the structure referred to in Article 31, paragraph 9.

7. The execution of the activity of verification shall be incompatible with the execution, for the same project, of activities of design, coordination of security, direction of works and testing.

8. The validation of the project constituting the basis for a tender is the formal act reporting on the outcomes of the verification. The validation shall be subscribed by the responsible of the proceeding and shall make explicit reference to the final report of the subject responsible for the verification and to any counter-deduction by the designer. The notice and letter of invitation for the award of contracts shall contain the data of the validation of the project constituting the basis for a tender.

8-bis. In cases of contracts having as their subject-matter the design and execution of works, the executive project and, where appropriate, the final project presented by the contractor shall be subjected, before the approval of each level of planning, to the activity of verification.