Annex I.2 Activities of the RUP.

(Article 15)

Article 1.

1. This annex regulates the requirements and duties of the sole project manager (RUP) for the awarding of contracts and concessions, pursuant to Article 15 of the code.

Article 2.

Methods for identifying the RUP.

1. The RUP is identified, in compliance with the provisions of article 15, paragraph 2, of the code, and articles 4 and 5 of this annex, among permanent employees even without managerial qualifications. The RUP carries out its tasks with the support of the contracting authority's employees.

2. The functions of RUP cannot be assumed by subjects who have been convicted, even with a sentence that has not become final, for the crimes provided for in Chapter I of Title II of the second book of the penal code, pursuant to article 35- bisof the legislative decree 30 March 2001, n. 165.

3. The RUP must be equipped with professional skills appropriate to the task to be carried out. For works and services relating to engineering and architecture, the RUP must be a technician. Where no such professional figure is present, the responsibilities are attributed to the manager or manager of the service within whose sphere of competence the intervention to be carried out falls. In other cases, the contracting authority can identify an employee as RUP even if he does not possess the required requirements. In the event that an RUP is identified that lacks the required requisites, the contracting authority entrusts the carrying out of the support activities to the RUP to other employees in possession of the deficient requirements of the RUP or, in their absence, to external parties with the specific skills required from the code and this annex. Those entrusted with support activities must be insured with professional civil liability insurance for the risks deriving from carrying out the activities under their responsibility.

Article 3.

Support structure.

1. Pursuant to Article 15, paragraph 6, of the code, the contracting authority may establish a stable structure to support the RUP and may confer, upon proposal of the latter, tasks for the best implementation of the public intervention, in the case of tenders of particular complexity that require highly specialized assessments and skills. The RUP support structure can also be established jointly between several contracting authorities, subject to the signing of agreements pursuant to article 15 of law 7 August 1990, n. 241.

Article 4.

Professionalism requirements of the RUP for contracts, work concessions and services relating to engineering and architecture.

1. The RUP must be a technician authorized to practice the profession, or, when qualification is not required by current regulations, a technician with a non-managerial qualification who must be in possession of a qualification and specific experience and professional training. Professional training is subject to constant updating pursuant to article 15, paragraph 7, of the code. The RUP must have gained adequate experience in carrying out activities similar to those to be carried out in terms of nature, complexity and/or amount of the intervention:

a) at least one year for contracts of less than 1,000,000 euros;

b) at least three years for contracts of an amount equal to or greater than 1,000,000 euros and less than the threshold referred to in article 14 of the code;

c) at least five years for contracts of an amount equal to or greater than the threshold referred to in article 14 of the code.

2. In the absence of qualification to practice the profession, the RUP is a technician in possession of experience in the sector of contracts referred to in paragraph 1, of at least five years, also attested by the length of service accrued.

3. The RUP can also carry out the functions of designer or works manager for one or more interventions and within the limits of his professional skills. The functions of RUP, designer and works manager cannot coincide in the case of complex works or works of particular importance from an architectural, environmental, historical-artistic and conservative, as well as technological, point of view, as well as in the case of integral projects or large-scale interventions. equal to or greater than the threshold referred to in article 14 of the code.

4. In procedures for the awarding of particularly complex works, the RUP possesses, in addition to at least five years of professional experience in the planning, design, assignment or execution of contracts and works concessions, a master's or specialist degree in the subjects object of the intervention to be entrusted as well as adequate competence as a Project Manager, also acquired through successful attendance of training courses on Project Management.

Article 5.

Professionalism requirements of the RUP in service and supply contracts .

1. The RUP must be in possession of an adequate level of qualification and professional experience subject to constant updating pursuant to Article 15, paragraph 7, of the code, gained in carrying out activities similar to those to be carried out in terms of nature, complexity and amount of the intervention, in relation to the type and extent of the services and supplies to be entrusted.

2. Specifically, the RUP must have experience in the sector of service and supply contracts, also attested by the length of service accrued:

a) at least one year for amounts lower than the threshold referred to to article 14 of the code;

b) at least three years for amounts equal to or greater than the threshold referred to in article 14 of the code.

3. For supplies or services characterized by particular technical characteristics, such as: medical devices, fire-fighting devices, IT and telematic systems, the contracting authority may require, in addition to the experience requirements referred to in paragraph 2, the possession of a master's degree as well as proven specifications skills.

Article 6.

Tasks of the RUP common to all contracts and phases.

1. The RUP, also making use of the phase managers appointed pursuant to Article 15, paragraph 4, of the code, coordinates the implementation process of the public intervention in compliance with the times, estimated costs, required quality and scheduled maintenance. For the execution phase, it supervises, in particular, compliance with the rules established to safeguard the safety and health of workers.

2. The RUP has the following specific tasks:

a) formulates proposals and provides data and information for the purpose of preparing the three-year program of public works and the three-year program of purchases of goods and services to be adopted pursuant to the article 37, paragraph 1, letter a), of the code. It also prepares the annual list to be approved pursuant to article 37, paragraph 1, letter b) of the code;

b) ensures the free availability of necessary areas and buildings and, in the case of works, the urban planning regularity of the public intervention or promotes the start of urban planning variant procedures;

c) proposes to the contracting authority the conclusion of a program agreement when the integrated and coordinated action of different administrations is necessary;

d) proposes the announcement or, where competent, calls the services conference, when it is necessary or useful for the acquisition of agreements, opinions, concessions, authorisations, permits, licences, clearances, consents, however denominated;

e) carries out the project verification activities for works worth less than one million euros and ensures compliance with the design verification procedure pursuant to article 42 of the code; signs the validation of the project based on the tender together with the person responsible for the design phase, where appointed pursuant to Article 15, paragraph 4, of the code, referring to the final report drawn up by the person in charge of the verification, and to any counter-arguments of the designer. In case of disagreement on the results of the verification, the RUP provides adequate reasons;

f) ascertains and certifies the conditions which require not to divide the contract into lots pursuant to article 58, paragraph 2, of the code;

g) decides on the assignment of works, services and supplies, the type of contract to be stipulated, the award criterion to be adopted;

h) requests the contracting authority to appoint the judging commission in the case of award with the offer criterion economically more advantageous pursuant to article 93 of the code;

i) promotes the establishment of the works management office;

l) provides for the acquisition of the CIG in the event that a person responsible for the assignment phase is not appointed ;

m) is responsible for the obligations prescribed by article 1, paragraph 32, of law 6 November 2012, n. 190.

3. The RUP also exercises all the powers attributed to it by specific provisions of the code and, in any case, carries out all tasks relating to the implementation of the public intervention that are not specifically attributed to other bodies or subjects.

Article 7.

Specific tasks of the RUP for the assignment phase.

1. The RUP:

a) carries out the verification of the administrative documentation if a phase manager is not appointed pursuant to Article 15, paragraph 4, of the code or a specific office or service designated for this purpose is not established , on the basis of the organizational provisions of the contracting authority; in any case exercises coordination and verification functions, aimed at ensuring the correct carrying out of the procedures and adopts the decisions resulting from the evaluations carried out;

b) carries out the verification of adequacy of the offers in case of award with the of the lowest price; in case of particular complexity of the assessments or the specificity of the skills required, it may make use of the support structure established pursuant to article 15, paragraph 6, of the code, or of a specially appointed commission;

c) carries out checks on abnormally low offers with the possible support of the commission appointed pursuant to article 93 of the code;

d) arranges exclusions from tenders;

e) in case of procedure which provides for the award with the criterion of the most economically advantageous offer, can carry out all the activities which do not imply the exercise of evaluative powers, which are the responsibility of the judging commission;

f) when the criterion of the award is that of the lowest price, the RUP can proceed directly to the evaluation of the economic offers;

g) adopts the final provision of the procedure when, based on the regulations of the contracting authority, it has the power to demonstrate its will outside.

2. The RUP also exercises all the powers attributed to it by specific provisions of the code and, in any case, carries out all tasks relating to the assignment phase that are not specifically attributed to other bodies or subjects.

Article 8.

Specific tasks of the RUP for the execution phase.

1. The RUP:

a) imparts to the works director, with service instructions, the instructions necessary to guarantee the regularity of the same;

b) authorizes the works director to deliver the themselves;

c) supervises, together with the works manager and the safety coordinator during the execution phase, compliance with the safety obligations relating to the services subcontracted;

d) adopts the acts of competence following the initiatives and reports of the safety coordinator during the execution phase after consulting the director of works, where these figures do not coincide;

e) carries out, upon delegation of the person referred to in Article 26, paragraph 3, of Legislative Decree 9 April 2008, n. 81, the tasks envisaged therein, if the preparation of the safety and coordination plan is not foreseen;

f) assumes the role of project manager, for the purposes of compliance with the regulations on the safety and health of workers in the workplace. The RUP, in carrying out the role of project manager, unless otherwise indicated and without prejudice to the tasks and responsibilities referred to in articles 90, 93, paragraph 2, 99, paragraph 1, and 101, paragraph 1, of Legislative Decree no. . 81 of 2008, requires the appointment of the safety coordinator in the design phase and the safety coordinator in the execution phase of the works;

g) before the delivery of the works, takes into account any additional proposals to the safety and coordination plan formulated by the economic operators, when this plan is provided for pursuant to Legislative Decree no. 81 of 2008;

h) transmits to the manager or other competent body of the contracting authority, having heard the director of the works, the coordinator's proposal for the execution of the works relating to the suspension, removal of the executor or subcontractors or self-employed workers from the construction site or upon termination of the contract;

i) ascertains, together with the works manager, that the services covered by the availment contract are carried out directly by the human and instrumental resources of the auxiliary company that the contract holder uses in fulfillment of the obligations deriving from the contract of availment;

l) authorizes modifications to the procurement contracts in progress also upon proposal of the works manager;

m) approves the prices relating to new works not originally foreseen, determined in contradictory between the director of the works and the entrusted company, leaving to the evaluation of the contracting authority the price variations that involve greater expenses compared to the sums foreseen in the economic framework;

n) imposes penalties for delayed compliance of the contractual obligations in consultation with the contractor, also on the basis of the indications provided by the works manager;

o) orders the suspension of the works for reasons of public interest or necessity, within the limits and with the expected effects by article 121 of the code;

p) orders the resumption of work and the execution of the contract as soon as the causes of the suspension have ceased and indicates the new deadline for concluding the contract, calculated taking into account the duration of the suspension and the effects produced by it;

q) activates the definition with amicable agreement, pursuant to article 210 of the code, of the disputes that arise in each phase of implementation of the intervention and is heard on the settlement proposal to the pursuant to article 212, paragraph 3, of the code;

r) proposes the termination of the contract whenever the conditions are met;

s) issues the payment certificate, subject to verifies the regular contributions of the contractor and subcontractors, and sends it to the contracting authority for the purpose of issuing the payment order;

t) upon positive outcome of the testing or verification of conformity, issues the payment certificate;

u) issues to the entrusted company a certified copy of the certificate of completion of the works and the certificate of execution of the works;

v) supervises compliance with the contractual provisions in the concessions.

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2. The powers of the RUP indicated in paragraph 1, connected to any disputes or technical disputes of any nature that may arise in the execution of contracts, are exercised in accordance with articles 215 and 216 of the code.

3. The RUP also carries out, within the limits of his professional skills, the functions of director of the execution of the contract.

4. The director of the execution of the contract is a person other than the RUP in the following cases:

a) services for an amount exceeding the thresholds referred to in article 14 of the code;

b) particularly complex interventions from a technological point of view;

c) services that require the contribution of a plurality of skills;

d) interventions characterized by the use of innovative components or production processes or by the need for high performance with regards to their functionality;

e) for reasons concerning internal organization to the contracting authority, which require the involvement of an organizational unit different from that to which the subjects who handled the assignment belong.

5. The RUP also exercises all the powers attributed to it by specific provisions of the code and, in any case, carries out all tasks relating to the execution phase that are not specifically attributed to other bodies or subjects.

Article 9.

The RUP in aggregate purchases, centralized purchases and in the case of agreements between administrations.

1. Without prejudice to the provisions of article 15 of the code, in cases of aggregate purchases, the contracting authorities appoint an RUP for each purchase.

2. The RUP, in coordination with the execution director, where appointed, assumes the tasks of care, control and supervision of the acquisition process with particular reference to the activities of:

a) planning of needs;

b) design, relating to the identification of the essential characteristics of the requirement or the technical elements for drawing up the specifications;

c) contractual execution;

d) verification of performance compliance.

3. The requirements of the RUP are established pursuant to article 5. The contracting authority may provide for exceptions to the provisions of article 5, in consideration of the fewer activities assigned to the RUP, without prejudice to the obligation to guarantee professionalism and competence adequate for carrying out of the specific tasks entrusted.

4. The RUP of the aggregation module carries out the following activities:

a) planning, relating to the collection and aggregation of needs and the scheduling of the tenders to be carried out;

b) planning of interventions with reference to the procedure to be carried out;

c) assignment;

d) execution to the extent applicable.

5. Without prejudice to the provisions of article 15 of the code, in cases of non-aggregated purchases by unions, associations or consortia, the municipalities appoint the RUP for the phases of competence and the same is, as a rule, designated as responsible for the individual tender within the chosen association or consortium module, according to the methods established by the respective regulations.

6. Without prejudice to the provisions of article 15 of the code, in the case of purchases managed entirely, at each stage, by the chosen associative or consortium module, the RUP is designated solely by the latter.

7. In the case of centralized purchasing, the tasks and functions of the RUP, designated by the central purchasing body, concern the activities within the competence of the central purchasing body as they are aimed at the creation and provision of purchasing and negotiation tools for the contracting authorities. The tasks and functions of the manager designated by the contracting authority, in the case of recourse to purchasing and negotiation tools of central purchasing bodies, concern the activities within his/her competence as they are aimed at carrying out the specific purchase and contractual execution. The provisions of article 15, paragraph 2, of the code remain unchanged.

8. In the case of agreements concluded between two or more contracting authorities pursuant to the law of 7 August 1990, n. 241, article 62, paragraph 14, of the code applies.