Annex II.14 Management of the works and management of the execution of the contracts. Method of carrying out the activities of the executive phase. Testing and verification of conformity.

(Article 114, paragraph 5)





Section I

Work management


Article 1.

Activities and duties of the project manager.


1. In the execution of contracts, the works manager operates in full autonomy and in compliance with the service provisions given by the sole project manager (RUP), evaluating and taking care of the technical, accounting and administrative profiles in the exclusive interest of efficient and prompt execution of the intervention. In the exercise of the assigned functions, the works manager assumes responsibility for the coordination and supervision of the activities of the entire works management office and communicates exclusively with the executor regarding the technical and economic aspects of the contract.

2. The following tasks are assigned to the works manager:

a) issue, before starting the procedure for choosing the contractor, a certificate to the RUP, possibly updated upon request of the latter, on the status of the places with reference to the accessibility of the areas and buildings affected by the works according to the indications resulting from the project documents;

b) issue, before starting the procedure for choosing the contractor, a certificate to the RUP, possibly updated upon request of the latter, on the state of the sites with reference to the absence of impediments to the feasibility of the project which emerged from the checks conducted prior to the approval of the same project;

c) ensure delivery of the works pursuant to article 3;

d) accept the materials and components used and, if necessary, issue a reasoned refusal pursuant to article 4;

e ) impart to the executor the provisions and instructions relating to the technical and economic aspects of the management of the contract, issuing service orders for this purpose which must be communicated to the RUP and which must contain a summary justification of the technical reasons and the objectives pursued. Service orders are normally noted in accounting documents using electronic accounting or simplified accounting tools and must in any case be in written form only in cases where the means necessary to achieve complete digitalisation aimed at technical control are not yet temporarily available, administrative and accounting of the works;

f) ensure that current legislation regarding the filing of structural construction projects has been applied and that the necessary authorization has been issued in the event of interventions in areas subject to seismic risk;

g) ensure that the technical documents, site or laboratory tests and certifications based on product life cycle analysis (LCA) relating to materials, processes and plant equipment meet the requirements set out in the plan of national action for the environmental sustainability of public administration consumption;

h) periodically verify the possession and regularity, by the executor and the subcontractor, of the documentation required by the laws in force regarding obligations towards employees;

i) monitor and verify compliance with the execution times of the works indicated in the timetable attached to the executive project and subsequently detailed in the work execution programme. When using the methods and tools referred to in Article 43 of the Code and in Annex I.9 to the Code, the construction management uses digital construction information management methods;

l) arrange all the checks and tests required by the current national and European standards, by the national action plan for the environmental sustainability of public administration consumption and by the special tender specifications, drawing up, in case of assessment, specific report to be sent to the RUP. When using the methods and tools referred to in Article 43 of the code and in Annex I.9 to the code, the director of works can make use of digital information management methods for the preparation of the aforementioned report;

< p>m) verify, also with the help of the management office, the presence on the construction site of authorized subcontractors, as well as subcontractors, ensuring the effective performance of the part of the services entrusted to them in compliance with current legislation and the contract stipulated, recording the relevant and possible disputes of the executor on the regularity of the works carried out under subcontracting and noting any non-compliance by the latter with the relevant provisions, arranging, in this case, to report it to the RUP;

n) assist the RUP in carrying out activities to verify the technical capacity requirements foreseen in the event of recourse to the institution of availment by the executor;

o) monitor the development of the works and promptly issue the necessary instructions for their execution within the limits of the authorized times and sums. This activity includes periodic visits to the construction site during the period of suspension of works to ascertain the conditions of the works and the possible presence of manpower and machinery and to give the necessary instructions to contain machinery and manpower to the extent strictly necessary to avoid damage to works already carried out and to facilitate the resumption of works;

p) compile reports, to be sent to the RUP, in the event that injuries to persons or damage to property occur during the execution of the works and draw up a report in the presence of the executor in the event of damage caused by force majeure, in order to determine any compensation to which the latter may be entitled;

q ) provide the RUP with the investigative and consultative assistance necessary for the assessments aimed at adopting contractual modifications, variations and variants, without prejudice to the possibility of making detailed changes that do not lead to an increase or decrease in the contractual amount, communicating them in advance to the RUP;

r) determine in consultation with the executor the new prices of the work and materials not foreseen in the contract;

s) release the statuses progress of the works within the deadline set in the tender documentation and in the contract, for the purposes of issuing certificates for the payment of advances by the RUP;

t) proceed, in cross-examination with the executor, to verify the state of consistency of the works and issue the certificate of completion of the works to be sent to the RUP, who issues a certified copy to the executor. This certificate constitutes the title both for the application of the penalties provided for in the contract for the case of delayed execution and for the assignment of a peremptory deadline for the execution of small-scale works which do not affect the use and functionality of the works. >;

u) ensure constant verification of the validity of the maintenance program, user manuals and maintenance manuals, modifying and updating their contents once the work is completed. When using the methods and tools referred to in article 43 of the code and in annex I.9 to the code, the works manager ensures correlation with the information models produced or updated during the execution of the works up to testing ;

v) manage disputes on technical aspects and reservations, adhering to the relevant regulations established by the contracting authority and reported in the tender specifications;

z) provide clarifications, explanations and documents to the testing body, assisting the latter in carrying out the operations and approving, after examination, the program of testing and commissioning tests of the systems;

aa) when the methods and the tools referred to in Article 43 of the code and in Annex I.9 to the code, the coordinator of the information flows, referred to in the same Annex, ensures that they are used in an interoperable manner with the tools relating to the computerization of the management of job accounting. The works manager can also use tools for collecting and recording relevant data in a structured and interoperable way with digital information management.

3. It is the responsibility of the works manager to control the expenditure linked to the execution of the work or works, through the precise and timely compilation of the accounting documents, which are public documents for all legal purposes, with which the assessment is carried out and the recording of expense-producing events. To this end, it provides for classifying and measuring the work carried out, as well as transferring the findings made to the accounting register and for the consequent calculation operations that allow the progress of expenditure to be identified. According to the principle of constant progression of accounting, the aforementioned activities of ascertaining the facts producing expenses must be carried out at the same time as they occur and, therefore, must proceed hand in hand with the execution. The works manager ensures the verification and recording of all expense-producing events at the same time as they occur.


Article 2.

Work management office.

1. In relation to the complexity of the intervention and in support of the works director, the contracting authority may establish a works management office made up of one or more operational directors and site inspectors, and possibly professional figures competent in IT matters.

2. The assistants acting as operational managers collaborate with the works manager in verifying that the processing of individual parts of the works to be carried out are carried out regularly and in compliance with the contractual clauses. These assistants report for their activities directly to the project manager. The operations managers may be entrusted by the director of works, among others, with the following tasks:

a) verify that the executor carries out all the legal procedures relating to the reporting of the calculations of the structures;

b) plan and coordinate the activities of the works inspector;

c) take care of updating the general and detailed timetable of the works and promptly report any discrepancies with respect to the forecasts to the works director contractual by proposing the necessary corrective interventions;

d) assist the project manager in identifying the interventions necessary to eliminate design or executive defects;

e) identify and analyze the causes that negatively affect the quality of the works, proposing the appropriate corrective actions to the project manager;

f) assisting the testers in carrying out the testing operations;

g) examining and approving the program of the testing and commissioning of the systems;

h) assume the direction of specialized processes.

3. The assistants acting as site inspectors collaborate with the works manager in supervising the works in compliance with the requirements established in the special tender specifications. The position of inspector is held by a single person who carries out his activity in one work shift. These assistants are present full time during the period of carrying out work that requires daily monitoring, as well as during the testing phases and any maintenance. These assistants report for their activities directly to the project manager. Assistants with the function of site inspectors may be entrusted, among others, with the following tasks:

a) the verification of the documents accompanying the supplies of materials to ensure that they comply with the requirements and approved by the structures of the supplier's quality control;

b) verification, before implementation, that the materials, equipment and systems have passed the testing phases prescribed by the quality control or by the regulations in force or from the contractual provisions according to which they were built;

c) control over the activity of subcontractors;

d) control over the regular execution of the works with regard to the drawings and specifications contractual techniques;

e) assistance with laboratory tests;

f) assistance with testing of works and commissioning and acceptance tests of systems;


g) the preparation of the accounting documents and the execution of the measurements when they have been assigned by the director of the works;

h) assistance to the coordinator for the execution.

4. When the methods and tools referred to in article 43 of the code and in annex I.9 to the code are used, an information flow coordinator is appointed within the works management office. This role can be carried out by the works manager or by an operational director already in charge, if in possession of adequate skills.


< p align="center">Section II

Execution in the strict sense


Article 3.

Delivery of works.

1. The director of works, following the instructions of the RUP, ensures the delivery of the works, for state administrations, no later than forty-five days from the date of registration with the Court of Auditors of the decree approving the contract, and no later than forty-five days from the date of approval of the contract when registration by the Court of Auditors is not required by law; for other contracting authorities the period of forty-five days starts from the date of signature of the contract.

2. The works manager gives adequate notice to the executor of the day and place where he must appear, equipped with suitable personnel, as well as the equipment and materials necessary to carry out, where necessary, the tracing of the works according to the plans, profiles and project drawings. Upon completion of the work delivery operations, the works manager and the executor sign the relevant report and the deadline for completing the work begins from that date. The works manager sends the delivery report signed by the parties to the RUP. The executor is responsible for the costs relating to delivery, verification and completion of the tracking that has already been carried out by the contracting authority.

3. If the executor does not show up, without justified reason, on the day set by the works manager for delivery, the contracting authority has the right to terminate the contract and forfeit the deposit, or to set a new date for delivery, without prejudice without prejudice to the contractual term starting from the date of the first call.

4. If delivery is delayed for reasons attributable to the contracting authority, the executor may request to withdraw from the contract. If the request for withdrawal is accepted, the executor is entitled to reimbursement of the contractual expenses actually incurred and documented, but to an extent not exceeding the limits indicated in paragraphs 12 and 13. If the executor's request is not accepted and proceeds late with delivery, the same is entitled to compensation for the increased costs resulting from the delay, the calculation methods of which are established by paragraph 14.

5. The contracting authority indicates in the tender specifications any cases in which it has the right not to accept the executor's request for withdrawal.

6. If, once delivery has begun, it is suspended by the contracting authority for reasons other than force majeure, the suspension cannot last more than sixty days. If this deadline has passed unnecessarily, the provisions of paragraphs 4 and 5 shall apply.

7. In the cases envisaged by paragraphs 4, 5 and 6, the RUP has the obligation to inform the ANAC.

8. The works manager is responsible for ensuring that the work delivery report corresponds to the actual state of the sites. The delivery report must be drawn up in consultation with the executor and must contain:

a) the recognized local special conditions and circumstances and the operations performed, such as tracking, measurement assessments, placements of templates and cornerstones;

b) the indication of the areas, the premises, the conditions of availability of the work vehicles for the execution of the executor's works, as well as the location and capacity of the quarries and landfills granted or in any case available to the executor himself;

c) the declaration that the area on which the works must be carried out is free from people and things and, in any case, that the state current situation is such that it does not prevent the start and continuation of the works.

9. The works manager provides for the partial delivery of the works in the event that the special tender specifications provide for it in relation to the nature of the works to be carried out or in cases of temporary unavailability of the areas and buildings. In the case of partial delivery resulting from the temporary unavailability of the areas and buildings, the executor is required to present, under penalty of forfeiture of the possibility of registering reserves for delays, an execution program of the works which provides for the priority implementation of the works on the areas and on available properties. Once the works foreseen by the program have been carried out, if the causes of unavailability remain, the regulations relating to the suspension of the works will apply. In cases of partial delivery, the delivery date for all legal purposes is that of the last partial delivery report drawn up by the works manager. When the works manager provides for emergency delivery, the delivery report also indicates the work that the executor must immediately carry out, including temporary works.

10. In the event that differences are found between the local conditions and the executive project, the delivery does not take place and the works manager immediately reports to the RUP, indicating the causes and importance of the differences found compared to the checks carried out during the drafting of the executive project and subsequent checks, proposing the measures to be adopted.

11. Without prejudice to the profiles of administrative-accounting responsibility towards the contracting station of the director of works for the case of delay in delivery for reasons attributable to the same, such delay can be assessed by the contracting station for the purposes of performance, in the case of internal personnel of the itself; in the event of assignment of the task to an external party, the consequences for the latter for late delivery are regulated at the time of assignment.

12. In the event that the executor's request for withdrawal from the contract is accepted due to a delay in the delivery of the works attributable to a cause attributable to the contracting authority, the executor has the right to reimbursement of the contractual expenses actually incurred and documented, within the limits of what is established in the specifications of the contract and, in any case, to an extent not exceeding the following percentages, calculated on the net amount of the contract:

a) 1.00 percent for the part of the amount up to 258,000 euros;< /p>

b) 0.50 percent for the excess up to 1,549,000 euros;

c) 0.20 percent for the portion exceeding 1,549,000 euros.

c) 0.20 percent for the portion exceeding 1,549,000 euros.

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13. In the case of a design and execution contract, the executor is also entitled to reimbursement of expenses, in the amount quantified in the tender documents and minus the discount offered, of the design levels drawn up by the same and approved by the contracting authority; with payment, ownership of the project is acquired by the contracting authority.

14. In the cases provided for in paragraphs 12 and 13, where the executor's request is not accepted and the delivery proceeds late, the executor is entitled to compensation for damages resulting from the delay, equal to the legal interest calculated on the amount corresponding to the average daily production foreseen by the timetable in the delay period, calculated from the day of notification of the withdrawal request until the date of actual delivery of the works. In addition to the sums expressly provided for in paragraphs 12 and 13, no other compensation or compensation is due to the executor. The request for payment of the amounts due pursuant to paragraphs 12 and 13, duly quantified, is forwarded under penalty of forfeiture within sixty days from the date of receipt of the communication of acceptance of the withdrawal request; the request for payment of the amounts due pursuant to the first period is formulated under penalty of forfeiture by means of a reserve to be entered in the delivery report of the works and to be confirmed, duly quantified, in the accounting register.

15. In the case of one executor taking over from another in the execution of the contract, the works manager draws up a specific report in consultation with both executors to ascertain the consistency of the materials, work tools and anything else the new executor must assume from the previous one, and to indicate the indemnities to be paid. If the executor replaced in the execution of the contract does not participate in the delivery operations, or refuses to sign the minutes, the checks are made in the presence of two witnesses and the related minutes are signed by them together with the new executor. If the deadline for delivery of the works assigned by the works manager to the new executor has passed unnecessarily and without justified reason, the contracting authority has the right to terminate the contract and forfeit the deposit.

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Article 4.

Acceptance of materials.

1. The works manager refuses at any time the materials and components which deteriorate after being introduced onto the construction site or which for any reason do not comply with the technical, national or European Union regulations, with the technical characteristics indicated in the documents attached to the contract, with obligation for the executor to remove them from the construction site and replace them with others at his expense; in this case the refusal is transcribed in the work journal or, in any case, in the first useful accounting document. If the executor does not carry out the removal within the deadline prescribed by the director of works, the contracting authority may take care of it directly at the executor's expense, who will also be responsible for any costs or damages that may arise as a result of the removal carried out automatically. The materials and components are put into operation only after acceptance by the project manager. The definitive acceptance of the materials and components occurs only after their installation. Even after acceptance and installation of the materials and components by the contractor, the rights and powers of the contracting authority during testing remain unaffected. The use by the executor and on his own initiative of materials or components with characteristics superior to those prescribed in the contractual documents, or the execution of more accurate workmanship, is not relevant. When using the methods and tools referred to in article 43 of the code and in annex I.9 to the code, the works manager can make use of IT tools for recording the checks carried out which are interoperable with the information models.

2. The materials and artefacts brought into the accounts remain at the risk and peril of the executor and are rejected by the director of works in the event that the latter ascertains their execution without the necessary diligence or with materials other than those contractually prescribed or which, after their acceptance and implementation have revealed defects or inadequacies. The refusal is transcribed in the work journal or, in any case, in the first useful accounting document, within fifteen days of discovering the non-compliance with the technical, national or European Union regulations, the project or the contract of the material used or the manufactured product.

3. The director of works or the testing body arranges further tests or analyzes than those required by law or by the special tender specifications aimed at establishing the suitability of the materials or components and deemed necessary by the contracting authority, with expenses borne by of the performer.

4. The materials included in the project are sampled and subjected to approval by the project manager, complete with the reference technical data sheets and all the certifications capable of justifying their performance, well in advance of implementation.

5. The works manager also verifies compliance with the regulations on environmental sustainability, including the methods implemented by the executor regarding the reuse of excavation materials and recycling within the same construction site boundary.


Article 5.

Modifications, variations and contractual variants.

1. The director of works provides the RUP with the necessary assistance for the checks regarding the existence of the conditions referred to in article 120 of the code and proposes to the RUP the modifications, as well as the variants of the contracts being executed and related variant assessments, indicating the reasons.

2. With reference to the cases indicated by article 120, paragraph 1, letter c), of the code, the director of works describes the factual situation for the purposes of ascertaining by the RUP that it is not attributable to the contracting station, its non-predictability at the time of drafting the project or delivery of the works and the reasons why the change is necessary.

3. In all cases in which changes to the project are necessary, also pursuant to Article 120, paragraph 7 of the code, the works manager, having obtained the designer's opinion, draws up a reasoned report containing the prerequisites for the modification, on the validity of which the RUP expresses its opinion in order to submit it for approval by the contracting authority. Any costs for planning the changes must be accommodated within the invariance of the economic framework.

4. The works manager is responsible for the consequences deriving from having ordered or allowed modifications or additions to the project to be carried out, without having obtained proper authorization, provided that they do not derive from interventions aimed at avoiding serious damage to people or things or to goods subject to legislation on cultural and environmental assets or in any case property of the contracting authorities.

5. In the event of changes to the project not ordered by the director of works, the latter will provide the executor with instructions for restoring the project to pristine condition with expenses borne by the executor himself.

6. In the case referred to in Article 120, paragraph 9 of the code, the executor cannot assert the right to terminate the contract and the supplementary appraisal is accompanied by an act of submission that the executor is required to sign as a sign of acceptance or reasoned dissent. In the event that the contracting authority orders decreases within the limit of one fifth of the contract amount, it must communicate this to the executor promptly and in any case before reaching the fourth fifth of the contract amount; in this case nothing is due to the executor as compensation. For the purposes of determining the fifth, the amount of the contract is made up of the sum resulting from the original contract, increased by the amount of the submission deeds and additional deeds for variations already occurred, as well as the amount of the amounts, other than those to compensation, possibly recognized to the executor pursuant to articles 212 and 213 of the code.

7. The variations are evaluated on the basis of the contract prices, but if they involve unforeseen categories of work or it is necessary to use materials for which the contract price has not been set, new prices are created. The new prices of the processes or materials are evaluated:

a) deriving them from the price lists referred to in article 41 of the code, where existing;

b) deriving them totally or partially from new analyzes carried out with reference to the elementary prices of labour, materials, freight and transport on the date of formulation of the offer, through a discussion between the director of works and the executor, and approved by the RUP.

8. If the calculations carried out pursuant to paragraph 7 show greater expenses than the sums foreseen in the economic framework, the prices, before being admitted into the accounting of the works, are approved by the contracting authority, upon proposal of the RUP. If the executor does not accept the new prices thus determined and approved, the contracting authority may order him to carry out the work or supply the materials on the basis of said prices, however admitted in the accounting; where the executor does not enter a reservation in the accounting documents, the prices are considered definitively accepted.

9. The works manager may order detailed changes that do not lead to an increase or decrease in the contractual amount, communicating them in advance to the RUP.

10. The director of the works, within ten days of the executor's proposal, drawn up in the form of a technical appraisal also accompanied by the elements of economic evaluation, of improvement variations of his exclusive conception and which lead to a decrease in the original amount of the works, transmits the same to the RUP together with its opinion. Modifications aimed at improving the functional aspects, as well as individual technological elements or individual components of the project, which do not entail a reduction in the qualitative and quantitative performances established in the project itself and which keep the execution time of the works and the conditions unchanged, may be the subject of a proposal. of worker safety. The improvement variations, proposed in compliance with the provisions of article 120 of the code, do not substantially alter the project or the categories of work.

11. The contracting authority communicates to ANAC the modifications to the contract referred to in article 120, paragraphs 1, letter b), and 3, of the code, within thirty days of their completion. The Authority publishes on the Transparent Administration section of the website the list of contractual modifications communicated, indicating the work, the administration or contracting body, the successful tenderer, the designer, the value of the modification.

12. For public contracts of an amount equal to or greater than the threshold of European relevance, variations during construction of an amount exceeding 10 percent of the original amount of the contract, including variations during construction referring to priority infrastructures, are transmitted by the RUP to the ANAC, together with the executive project, the validation document and a specific report by the RUP, within thirty days of approval by the contracting authority.


Article 6.

Assignments of credits.

1 . For the purposes of enforceability against contracting authorities, credit assignments must be stipulated through a public deed or authenticated private agreement and must be notified to the debtor administrations.

2. Without prejudice to compliance with traceability obligations, the transfers of credits from contract, concession and design competition fees are effective and enforceable against contracting authorities which are public administrations if they do not refuse them with communication to be notified

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