Article 114. Management of works and execution of contracts.

1. The execution of contracts concerning works, services or supplies is directed by the RUP, who controls the quality levels of the services. The RUP, in the execution phase, makes use of the director of the execution of the contract or the director of works, the coordinator in matters of health and safety during the execution provided for by the legislative decree of 9 April 2008, n. 81, as well as the tester or the testing commission or the conformity verifier and ensures the correct and effective performance of the functions entrusted to each. 2. For the management and control of the execution of contracts relating to works, the contracting authorities appoint, before starting the procedure for the assignment, on the proposal of the RUP, a works manager who may be assisted, in relation to the complexity of the intervention, by a works management office, made up of one or more operational directors and site inspectors, and possibly by the figures provided for in Annex I.9. 3. The works manager, with the works management office, where established, is responsible for the technical, accounting and administrative control of the execution of the intervention also using digital information management methods and tools referred to in Annex I.9, if provided, to carry out the work in a workmanlike manner and in compliance with the project and the contract. 4. In the case of contracts of amounts not exceeding 1 million euros and in any case in the absence of complex works and risks of interference, the works manager, if in possession of the requirements required by current safety legislation, also carries out the functions as coordinator for safety during execution. If the works manager cannot carry out these functions, the contracting authority designates at least one operational director who meets the requirements, identified in the manner established by the code. In this case, the safety coordinator during the execution phase assumes responsibility for the functions assigned to him by the safety legislation, operating in full autonomy. 5. Annex II.14 establishes the activities and tasks delegated to the works manager and to assistants with the functions of operational managers and site inspectors and, if present, of the figures referred to in Annex I.9. Upon first application of the code, Annex II.14 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law no. 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, having heard the Superior Council of Public Works, which replaces it entirely also as an annex to the code. 6. Unless otherwise provided in the tender notice for the design, the contracting stations which are public administrations entrust the management of the works to their employees; failing that, they entrust it to the employees of central purchasing bodies or other public administrations, subject to agreement pursuant to article 15 of law 7 August 1990, n. 241 or agreement or convention referred to in article 30 of the consolidated law on the organization of local authorities, referred to in legislative decree 18 August 2000, n. 267. If the administrations referred to in the first period do not have the necessary skills or personnel or in the case of complex works or those requiring specific professionalism, or if the contracting authority is not a public administration, the task is entrusted with the established methods from the code. 7. For contracts concerning services and supplies, the functions and tasks of the execution director are normally carried out by the RUP, who provides, also with the help of one or more operational directors identified by the contracting authority in relation to the complexity of the contract, to the coordination, management and technical accounting and administrative control of the execution of the contract also, where applicable, through digital information management methods and tools referred to in Annex I.9, ensuring the regular execution by part of the executor, in accordance with the contractual documents. 8. Annex II.14 identifies service and supply contracts of particular importance, in terms of quality or amount of services, for which the director of execution must be different from the RUP. 9. If the contracting authorities do not have the within them the skills or personnel necessary to carry out the execution management activity, paragraph 6. 10 applies. For service and supply contracts identified pursuant to paragraph 8, the contracting authority, upon indication of the director of the execution, having consulted the RUP, may appoint one or more assistants with the functions of operational director to carry out the tasks and assist the director of execution in accordance with the provisions of Annex II.14. EFFECTIVE FROM: 1 July 2023


REPORT Article 114 identifies the professional figures necessary for the performance of the executive activity by the qualified contracting authorities, who assist the sole manager of the procedure. ...


NEW • Paragraph 1 of the art. 114 reproduces the text of the art. 101, paragraph 2, summarizing the main professional figures who assist the sole manager of the procedure in the executive phase. Comp...
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