Annex II.18 Qualification of subjects, design and testing in the cultural heritage sector.
Title I
General provisions
Article 1.
Scope of application.< /i>
1. This annex regulates public works contracts concerning cultural heritage protected pursuant to the cultural heritage and landscape code referred to in Legislative Decree 22 January 2004, n. 42, hereinafter «Code of cultural heritage and landscape».
2. The works referred to in this annex are divided into the following typologies:
a) archaeological excavation, including underwater archaeological investigations;
b) monitoring, maintenance and restoration of immovable cultural assets;
c) monitoring, maintenance and restoration of movable cultural assets, decorated surfaces of architectural assets and historicized materials of immovable assets of historical, artistic or archaeological interest.
3. Unless otherwise provided in this annex, the relevant provisions of the code apply.
Article 2.< /p>
Archaeological excavation, restoration, maintenance and monitoring.
1. The archaeological excavation consists of all the operations that allow the historical reading of human actions, as well as the geological phenomena that have interacted with them, which occurred in a specific territory, of which the material, movable and immovable documentation referable to the archaeological heritage. The archaeological excavation also recovers documentation of the paleoenvironment even from times prior to the appearance of man.
2. The qualifying contents and purposes of the maintenance and restoration of cultural heritage are defined in article 29, paragraphs 3 and 4, of the Cultural Heritage and Landscape Code.
Article 3.
Specificity of the interventions.
1. Pursuant to articles 1, paragraphs 3 and 4, and 29 of the Cultural Heritage and Landscape Code, without prejudice to the procedure referred to in Article 12 of the same Cultural Heritage and Landscape Code, interventions on cultural heritage are included in the planning documents for public works referred to in article 37, paragraphs 1 and 2, of the code and are carried out according to the times, priorities and other indications deriving from the criterion of planned conservation. To this end, the contracting authorities, on the basis of the reconnaissance and study of the assets entrusted to their custody, draw up a document on the state of conservation of the individual asset, taking into account the territorial danger and vulnerability, the findings highlighted in the maintenance plan and in the scientific final balance, prevention activities and any previous maintenance and restoration interventions. For archaeological assets, this document also illustrates the results of diagnostic investigations.
Title II
< b>Qualification requirements
Chapter I
Qualification requirements for performers of works concerning cultural heritage
Article 4.
Qualification.
Qualification. i>
1. Without prejudice to the provisions of article 100 of the code, this Chapter identifies, pursuant to article 133, paragraph 1, of the code, the qualification requirements of the subjects carrying out works for an amount equal to or greater than 150,000 euros relating to the types of works on cultural heritage referred to in article 1, paragraph 2.
2. For the works referred to in article 1, paragraph 2, of an amount lower than 150,000 euros, the provisions of article 12 apply.
3. For the purposes of qualification for works on the goods referred to in this Title, relating to categories OG 2, OS 2-A, OS 2-B, OS 24 and OS 25 referred to in table A of Annex II.12 to the code, carried out on behalf of the subjects referred to in Article 1, paragraph 1, letters a), b), c), d) and e), of Annex I.1 to the code, as well as private or self-employed clients, when the works concerned goods referred to in article 1, paragraph 1, of this annex, the certification issued to the executors must also contain the certificate from the authority responsible for the protection of the good which is the object of the works of the success of the interventions carried out.
4. For works concerning movable cultural assets, decorated surfaces of architectural assets and historicized materials of immovable assets of historical, artistic and archaeological interest, archaeological excavations, including underwater, as well as those relating to villas, parks and gardens referred to in article 10, paragraph 4, letter f), of the Cultural Heritage and Landscape Code, the provisions of this Title regarding the possession of the qualification requirements apply.
Article 5.
General requirements.
1. Without prejudice to the provisions of Articles 99 et seq. of the Code and Annex II.12 to the Code, the registration of the company in the register established at the competent Chamber of Commerce, Industry, Crafts and Agriculture, prescribed by Article 100, paragraph 3, of the code, must relate to: a) for works relating to archaeological excavations, to archaeological excavations; b) for works relating to the maintenance and restoration of movable cultural assets and decorated surfaces of architectural assets and historicized materials of cultural immovable assets, to the conservation and restoration of works of art; c) for works relating to the restoration and maintenance of immovable cultural assets, conservation and restoration of works of art; d) for works relating to historic greenery referred to in article 10, paragraph 4, letter f), of the Cultural Heritage and Landscape Code, to parks and gardens.
Article 6.
Special requirements.
1. The special requirements for the qualification necessary for the execution of the works provided for in Article 1 of this Annex are, pursuant to Article 100 of the Code:
a) l professional suitability;
b) economic and financial capacity;
c) technical and professional skills.
Article 7.
Professional suitability and technical and professional skills.
1. Professional suitability is demonstrated by the presence of all the requirements listed below:
a) suitable technical management, also coinciding with the ownership of the company, in accordance with the provisions of article 11;
b) completion of the works referred to in article 1, for a total amount of no less than 70percent of the amount of the classification for which qualification is requested.
2. The temporally unlimited use of work execution certificates for qualification purposes is permitted, provided that the principle of continuity in the execution of the works is respected, as proof of the current suitability to carry out interventions in the category for which the qualification is requested. certification, or that the technical management of the company has remained unchanged.
3. In the case of acquisition of a company or one of its branches, the requirements of professional suitability and technical and professional skills acquired by the transferring company can be changed provided that in the transfer there is also the transfer of the technical director who was responsible for the direction of the works whose certification is to be used for qualification purposes, and who remains on the transferee's staff for a period of at least three years.
4. For companies that in the last decade have had an average number of employed workers consisting of employees exceeding five units, professional suitability, from an organizational point of view, is demonstrated by the presence of the requirements indicated in paragraphs 5, 6 and 7. I restorers, the restorer collaborators referred to in paragraph 6 and the archaeologists referred to in paragraph 7 have a fixed-term or permanent employment relationship regulated by the regulations in force on the matter with the company.
5. With reference to the OG 2 category, the suitability referred to in paragraph 4 is demonstrated by having incurred an overall cost for employees, consisting of wages and salaries, social contributions and provisions for retirement funds, of no less than 15 percent. of the amount of the works that fall into the OG 2 category and which were carried out in the ten years preceding the date of signing the contract with the certification body company, of which at least 40 percent for workers. As an alternative to what is foreseen in the first period, organizational suitability is demonstrated by having incurred for employees hired on a permanent basis a total cost of no less than 10 percent of the amount of the works that fall into the OG 2 category and that are were carried out in the decade preceding the date of signing the contract with the certification body company, of which at least 80 percent for technical personnel, holders of a degree, or short degree, or university diploma, or diploma. The overall cost incurred for employees is documented in the budget accompanied by the relevant deposit note and reclassified in compliance with the European directives on budget matters by the subjects required to prepare it, and by the other subjects with suitable documentation, as well as a declaration on the consistency of the workforce, divided into the various qualifications, from which to deduce the correspondence with the cost indicated in the financial statements and the annual summary forms certifying the payments made to INPS and INAIL and to the construction funds in relation to the salaries paid to employees and their contributions.
6. With reference to the OS 2-A and OS 2-B categories, the suitability referred to in paragraph 4 is demonstrated by the presence of restorers of cultural heritage in accordance with current regulations, in a number not less than 20 percent of the total staff of the the company, and by the presence of collaborators who restore cultural heritage in accordance with current regulations, in a number of no less than 40 percent of the same workforce. The presence of restorer collaborators can be made up for in whole or in part by restorers of cultural heritage. As an alternative to what is foreseen in the first period, the organizational suitability of the company is demonstrated by having incurred an overall cost for employees with the qualification of restorer and collaborator restorer of cultural heritage, consisting of wages and salaries, social contributions and provisions to retirement funds, not less than 40 percent of the amount of the works that fall into the categories OS 2-A and OS 2-B, and which were carried out in the decade preceding the date of signing of the contract with the certification body company. For non-employee technical directors, the costs referred to in the third period correspond to the conventional salary established annually by the National Institute for Insurance on Accidents at Work. The calculation of the units foreseen by the first period is carried out by rounding up to the next higher unit. For companies that in the last decade have had an average number of employed workers consisting of employees equal to or less than five units, organizational suitability with reference to the OS 2-A and OS 2-B categories is proven by the presence of at least one restorer of cultural heritage.
7. For works relating to archaeological excavations, referred to in category OS 25, professional suitability, from an organizational point of view, is demonstrated by the presence of archaeologists, in possession of the qualifications required by the ministerial decree referred to in article 1, paragraph 3 , of Annex I.8 to the code, in a number of no less than 30 percent of the total workforce, with rounding up to the nearest whole number. As an alternative to what is foreseen in the first period, the organizational suitability of the company is demonstrated by having incurred an overall cost for employees with qualifications as archaeologists, made up of wages and salaries, social contributions and provisions for retirement funds, respectively not less than 30 percent of the amount of the works that fall into the OS 25 categories and which were carried out in the ten years preceding the date of signing the contract with the certification body company. For companies that in the last decade have had an average number of employed workers consisting of employees equal to or less than five units, the organizational suitability for works relating to archaeological excavations, referred to in category OS 25, is proven by the presence of at least an archaeologist.
Article 8.
Economic and financial capacity.
i>
1. The adequate economic and financial capacity of the person carrying out the work is demonstrated by the executing company in accordance with the provisions of article 100, paragraphs 4, 5 and 6, of the code.
2. In the case of companies qualified exclusively in the OS 2-A, OS 2-B and OS 25 categories, adequate economic and financial capacity is demonstrated by suitable bank references issued by a person authorized to carry out banking activities pursuant to the consolidated law of the banking and credit laws referred to in the legislative decree of 1 September 1993, n. 385.
Article 9.
Work useful for qualification .
1. The certification of the works useful for the purposes referred to in article 7 contains the clients' declaration that the works carried out were carried out regularly and successfully. This certification does not coincide with the scientific final balance prepared by the director of works referred to in paragraph 10, letter a), of article 116 of the code.
2. For works carried out on behalf of the same client, even if they are the subject of different procurement contracts, a single certificate can be issued specifying the works approved and carried out in individual years.
3. Certificates issued before the entry into force of this annex are reserved if accompanied or integrated by the declaration of success issued by the authority responsible for the protection of the assets on which the works were carried out.
4. The works can be used for the purposes referred to in Article 7 only if actually carried out by the company, even if carried out as a subcontractor. The contractor cannot use subcontracted works for qualification purposes.
5. In order to guarantee the correct exercise of the supervisory activity by the superintendencies responsible for the protection of the property, these, within sixty days of issuing the certificate of regular execution of the works, referred to in article 50, paragraph 7, of the code, having ascertained the regularity of the services performed, certify the successful outcome of the work carried out.
Article 10.
Works worth less than 150,000 euros .
1. To carry out archaeological excavation work, monitoring, maintenance or restoration of movable cultural assets and decorated surfaces of architectural assets and historicized materials of immovable assets of historical, artistic and archaeological interest and for works on historic parks and gardens subject to protection, of an amount lower than 150,000 euros, companies must meet the following requirements:
a) have carried out work directly and on their own prior to the publication of the notice or the date of the invitation to the negotiated procedure, of the same category and , in the case of category OS 2-A and OS 2-B, with reference to the specific sector of expertise to which the restoration activities refer, required by the object of the works based on the regulations in force, for a total amount of no less to that of the contract to be stipulated, without prejudice to the principle of continuity in the execution of the works referred to in article 7, paragraph 2 or, alternatively, having the technical director provided for in article 7, paragraph 1, letter a);
b) have a staff determined in accordance with the provisions of article 8 on organizational suitability;
c) be registered with the competent chamber of commerce, industry, crafts and agriculture.
2. The requirements referred to in paragraph 1, self-certified pursuant to the consolidated text of the legislative and regulatory provisions regarding administrative documentation, referred to in the decree of the President of the Republic of 28 December 2000, n. 445, are declared at the time of the application for participation or at the time of the offer and are accompanied by a certification of successful completion of the work issued by the authority responsible for the protection of the assets on which the work has been carried out. Their actual existence is ascertained by the contracting authority according to the relevant provisions in force. For the works and activities referred to in paragraph 1, for a total amount not exceeding 40,000 euros, the certification of successful completion of the works can also be issued by a contracting authority.
Chapter II
Qualification requirements for directors technicians
Article 11.
Technical director.
1. The technical management can be assumed by a single person, possibly coinciding with the legal representative of the company, or by several people.
2. The person or persons designated in the role of technical director cannot hold, for the duration of the contract, a similar role on behalf of other companies qualified pursuant to Chapter I of Title II of this annex; these subjects therefore produce, to the contracting authority, a declaration of uniqueness of assignment. If the technical director is a person other than the owner of the company, the legal representative, the administrator and the partner, the latter must be an employee of the company itself or linked to it by a regularly registered professional work contract.
3. The technical management for the works referred to in this annex is entrusted:
a) in relation to the OG 2 category, to subjects registered in the professional register - Section A of architects, planners, landscape architects and conservators, or in possession of a master's degree in conservation of cultural heritage. The subjects who, on the date of entry into force of the regulation establishing the qualification system for the executors of public works referred to in the decree of the President of the Republic of 25 January 2000, n. 34 carried out the function of technical director, they can retain the position at the same company;
b) in relation to the categories OS 2-A and OS 2-B, with reference to the specific sector of expertise to which the restoration activities refer, required by the object of the works based on the regulations in force, to restorers of cultural heritage in possession of a diploma issued by higher education and study schools established pursuant to article 9 of the legislative decree of 20 October 1998, n. 368 or by the other subjects referred to in article 29, paragraph 9, of the Cultural Heritage and Landscape Code, or in possession of a master's degree in conservation and restoration of cultural heritage, without prejudice to the provisions of paragraph 5;
c) in relation to the OS 25 category, to subjects in possession of the qualifications set out in Annex I.8 to the code.
4. In addition to the provisions of paragraph 3, the requirement of at least two years of experience in the sector of works on cultural heritage is also required, certified in accordance with the provisions of Annex II.12 to the code.
5. With reference to the OS 2-A and OS 2-B categories, the technical management can also be entrusted to restorers of cultural heritage, who have acquired the relevant qualification pursuant to article 182 of the Cultural Heritage and Landscape Code, provided that such restorers have carried out, at the date of entry into force of this annex, at least three separate technical management positions in the context of works relating to the same categories.
6. In the case of works worth less than 150,000 euros, the requirements are self-certified and subjected to the checks and controls referred to in the consolidated text of the legislative and regulatory provisions regarding administrative documentation, referred to in the decree of the President of the Republic of 28 December 2000, n. 445.
Title III
Planning and management of works concerning cultural heritage
Chapter I
Levels and contents of design
Article 12.
Design activities.< /p>
1. The projects consist of the documents indicated in articles 13, 14, 15 and 16, the contents of which are those provided for in Annex I.7 to the code. The list of documents that make up the individual design levels is exhaustive and replaces the list of documents that are part of the same levels in Annex I.7.
2. The guidelines referred to in Article 29, paragraph 5, of the Cultural Heritage and Landscape Code may define technical standards and additional criteria for the design and execution of the works referred to in Article 1.
3. The assignment of works concerning cultural heritage, indicated in article 1, is arranged on the basis of the executive project. Without prejudice to the provisions of article 13, paragraph 3, it may exceptionally be arranged on the basis of the technical-economic feasibility project.
4. The omission or reduction of the contents of the executive design may be ordered in the following hypotheses: a) for works on movable cultural assets, decorated surfaces of architectural assets and historicized materials of immovable assets of historical interest, artistic or archaeological, when they do not present implementation complexities, such as for example cleaning and other interventions that present characteristics of simplicity and seriality;
b) in other cases, if the sole project manager (RUP), ascertained that the nature and characteristics of the asset, or its state of conservation, are such as not to allow the execution of exhaustive analyzes and surveys or in any case present solutions that can only be determined during construction, provides for the integration of the ongoing design the work, the possible cost of which must find corresponding coverage in the economic framework. The company carrying out the works submits the documentation regarding the integrative design to the RUP, which is approved following evaluation by the contracting authority.
Article 13.
Technical-economic feasibility project.
1. Without prejudice to the provisions of Article 41, paragraph 6, of the code, the technical-economic feasibility project consists of a programmatic report of the knowledge framework, developed by sectors of investigation, as well as the intervention methods, with the necessary graphic documents attached . The knowledge framework is the result of the reading of the existing state and consists in the indication of the types of investigation that are considered necessary for the knowledge of the cultural asset and its historical and environmental context.
2. The following documents are part of the feasibility project:
a) the general report;
b) the technical report;
c) preliminary investigations and research;
d) the general plan and drawings;
e) the initial indications and provisions for the drafting of safety plans;
f) the technical sheet referred to in Article 14;
g) the summary calculation of the expense;
h) the economic framework of the project;
i) the intervention timetable;
l) the feasibility document of the project alternatives, with the exception of cases of works that do not involve new constructions;
m) the preliminary environmental study, excluding cases of works that do not involve new constructions or installations or systems.
3. The assignment of works concerning cultural heritage, indicated in article 1, is usually arranged on the basis of the executive project. The RUP, in the feasibility design phase, reasonably evaluates, exclusively on the basis of the nature and characteristics of the asset and of the conservative intervention, the possible possibility of placing the technical-economic feasibility project as the basis for the tender, or of reducing the contents of the executive design, safeguarding its quality.
4. The investigations and research referred to in paragraph 2 concern:
a) historical-critical analysis;
b) the constituent materials and execution techniques;
c) the survey and photographic documentation of the artefacts;
d) diagnostics;
e) the identification of the structural behavior and the analysis of the state of conservation, degradation and disruption;
f) the identification of any contributions from other related disciplines.
5. Due to the complexity of the intervention in relation to the state of conservation and the historical-artistic characteristics of the artefact, the feasibility project can be limited to including those researches and investigations that are strictly necessary for a first real identification of the intervention choices and the related costs.
Article 14.
Technical data sheet.
1. The technical sheet describes the characteristics, execution techniques and state of conservation of the cultural assets on which interventions are being made, as well as any changes due to previous interventions, in order to give a detailed and exhaustive picture of the characteristics of the asset and also provides general indications of the planned interventions and the methodologies to be applied.
2. The decorated surfaces of architectural assets and historicized materials of immovable properties of historical, artistic or archaeological interest which are the subject of the intervention are identified and classified in the technical sheet, also on the basis of the provision declaring the cultural interest that affects the property object of the intervention. .
3. In the case of monitoring, maintenance or restoration works on movable cultural assets, decorated surfaces of architectural assets and historicized materials of immovable assets of historical, artistic or archaeological interest, the technical sheet is drawn up by a restorer of cultural heritage, qualified pursuant to current legislation. In the case of archaeological excavation works, the technical sheet is drawn up by an archaeologist.
4. As part of the authorization procedure referred to in articles 21 and 22 of the Cultural Heritage and Landscape Code, the technical sheet, before the definition of the technical and economic feasibility project, is submitted to the competent superintendent, who approves its contents by forty-five days, updating, where necessary, the provision declaring the cultural interest that affects the property that is the subject of the intervention.
Article 15.
Executive project.
1. The executive project indicates, in a complete manner, going into detail and on the basis of the investigations carried out, the exact operational methodologies, techniques, intervention technologies, materials to be used regarding the individual parts of the complex; prescribes the technical-executive methods of the interventions; it is developed on the basis of direct investigations and adequate intervention sampling, justified by the uniqueness of the conservative intervention; indicates the checks to be carried out on site during the works.
2. The documents of the executive project are:
a) the general report;
b) the specialist reports;
c) the graphic documents including those of the structures and systems;
d) the executive calculations of the structures and systems;
e) the monitoring and maintenance plan for the work and its parts;
f) the security and coordination plan;
g) the bill of quantities and economic framework;
h) the timetable;
i) the list of unit prices and any analyses;
l) the special tender specifications and contract outline.
Article 16.
l) b>
Planning of the archaeological excavation.
1. The technical and economic feasibility project of archaeological excavation works for archaeological research purposes regulates the layout of the research site and identifies the criteria for defining the temporal progression of the works and the priorities of the interventions during the execution of the activity of excavation, as well as the types and methods of intervention. The feasibility project consists of a programmatic report of the necessary investigations and illustrative of the framework of prior knowledge, developed by sectors of investigation, to which the relevant graphic documents are attached.
2. The report referred to in paragraph 1 illustrates the times and methods of the intervention, relating both to the excavation and conservation of the finds, and to their study and publication, and is drawn up by archaeologists in possession of specific experience and professional ability consistent with the intervention. It also includes a summary calculation of the expenditure, the economic framework of the project, the timetable of the intervention and the initial indications and measures aimed at protecting the health and safety of the workplace for the drafting of the safety plans.
3. The prior knowledge framework consists of a critical reading of the existing state updated in light of the elements of knowledge collected in any discoveries.
4. The investigations referred to in paragraph 1 consist of:
a) general survey;
b) territorial reconnaissance and diagnostic investigations;
c) necessary complementary investigations.
5. The feasibility project, if it has not been prepared by the competent offices of the Ministry of Culture, is communicated to the competent Superintendent.
6. The executive project of the archaeological excavation works for research purposes, which includes the results of the investigations envisaged in the feasibility project, includes detailed technical-scientific and economic forecasts relating to the different phases and types of intervention and indicates the quantity and duration of them and also includes the safety and coordination plan.
7. The phases referred to in paragraph 6 include:
a) findings and investigations;
b) excavation;
c) excavation documentation, such as excavation logs, stratigraphic cards, graphic and photographic documentation;
d) restoration of movable and immovable finds;
e) preliminary filing of the finds and their storage together with any samples to be subjected to analysis;
f) study and publication;
g) forms of use also with regard to the arrangement and museumisation of the site or recovered context;
h) scheduled maintenance.
8. The technical-economic feasibility project of archaeological excavation works for research purposes also contains the definition of the types of interventions, distinguishing those of predominantly scientific merit, possibly to be entrusted to companies in possession of specific requirements if not handled by the contracting authority itself. In this case, the technical-economic feasibility project is communicated to the competent Superintendent.
9. The executive project, unless otherwise indicated by the RUP pursuant to article 12, fully indicates, going into detail and on the basis of the investigations carried out, the technical and executive methods of the various operational phases, indicating the checks to be carried out on site during
