Article 41. Levels and contents of planning.

1. The planning of public works is divided into two levels of subsequent technical analysis: the technical-economic feasibility project and the executive project. It is aimed at ensuring: a) the satisfaction of the needs of the community; b) compliance with environmental, urban planning and protection of cultural and landscape heritage regulations, as well as compliance with the provisions of the legislation on the protection of health and of construction safety; c) compliance with architectural and technical-functional quality requirements, as well as compliance with expected times and costs; d) compliance with all existing constraints, with particular regard to hydrogeological, seismic, archaeological and forestry; e) energy efficiency and minimization of the use of non-renewable material resources throughout the entire life cycle of the works; f) compliance with the principles of economic, territorial, environmental and social sustainability of the intervention , also to combat land consumption, encouraging the recovery, reuse and valorisation of the existing building heritage and urban fabrics; g) the rationalization of design activities and related checks through the progressive use of management methods and tools digital information on the constructions referred to in article 43; h) accessibility and adaptability in accordance with the provisions in force regarding architectural barriers; i) the geological and geomorphological compatibility of the work. 2. The Annex I.7 defines the contents of the two levels of design and establishes the minimum content of the framework of needs and of the design guidance document that the contracting authorities and granting bodies must prepare. Upon first application of the code, Annex I.7 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, having consulted the Superior Council of Public Works, which replaces it entirely also as an annex to the code. 3. Annex I.7 also establishes the requirements for the drafting of the document direction of the design by the RUP of the contracting authority or the granting body. Annex I.7 also indicates the performance requirements that must be contained in the technical-economic feasibility project. In case of adoption of digital information management methods and tools for constructions, the design guidance document also contains the information specifications. 4. Preventive verification of the archaeological interest in the cases referred to in article 28, paragraph 4, of code of cultural heritage and landscape, referred to in the legislative decree of 22 January 2004, n. 42 and pursuant to the European Convention for the protection of archaeological heritage, signed in Valletta on 16 January 1992 and ratified pursuant to law 29 April 2015, n. 57, is carried out with the procedural methods set out in Annex I.8. Upon first application of the code, Annex I.8 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, in agreement with the Minister of Culture, after hearing the Superior Council of Public Works, which replaces it entirely also as an annex to the code. The special statute regions and the autonomous provinces of Trento and Bolzano regulate the procedure for preventive verification of the archaeological interest for the works under their competence on the basis of the provisions of the aforementioned annex. 5. The contracting authority or the granting body , depending on the specific type and size of the intervention, indicates the characteristics, requirements and design documents necessary for the definition of each phase of the relevant design. For ordinary or extraordinary maintenance interventions, the first level of design can be omitted provided that the executive project contains all the elements foreseen for the omitted level. 6. The technical-economic feasibility project: a) identifies, among several possible solutions, the one that expresses the best relationship between costs and benefits for the community in relation to the specific needs to be satisfied and the services to be provided; b) contains the necessary references to the possible use of digital information management methods and tools for constructions ; c) develops, in compliance with the framework of needs, all the investigations and studies necessary for the definition of the aspects referred to in the paragraph; d) identifies the dimensional, typological, functional and technological characteristics of the works to be carried out, including the choice regarding the possible division into functional lots; e) allows, where necessary, the start of the expropriation procedure; f) contains all the elements necessary for the issuing of the required authorizations and approvals; g) contains the preliminary plan of maintenance of the work and its parts. 7. For the works proposed in the urban planning variant referred to in article 19 of the consolidated text of the legislative and regulatory provisions regarding expropriation for public utility, referred to in the decree of the President of the Republic 8 June 2001, n. 327, the technical-economic feasibility project replaces the preliminary and definitive project. 8. The executive project, in coherence with the technical-economic feasibility project: a) develops a level of definition of the elements such as to fully identify their function, requirements, quality and list price; b) is accompanied by the maintenance plan for the work for the entire life cycle and determines in detail the works to be carried out, their cost and their completion times; c) if digital construction information management methods and tools are used, it develops a level of definition of the objects that responds to what is specified in the information specifications accompanying the project; d) as a rule, it is drawn up by the same person who prepared the technical-economic feasibility project. In the event that motivated reasons justify the separate assignment, the new designer accepts without reservation the design activity carried out previously. 9. In the case of external assignment of both levels of design, the start of the executive design is conditional on the determination of the contracting authorities and granting bodies on the technical-economic feasibility project. When verifying the coherence between the various phases of planning, the provisions of article 42, paragraph 1. 10 apply. The costs of planning, investigations, research and related studies, including those relating to public debate, as well as the management of the works, supervision, testing, tests and checks on products and materials, the drafting of safety and coordination plans, the professional and specialist services necessary for the drafting of the project, weigh on the financial resources of the contracting station or granting body and are included in the economic framework of the intervention. 11. The instrumental expenses, also due to inspections, concerning the activities of preparing the general plan of interventions of the centralized maintenance system, referred to in the article 12 of the legislative decree of 6 July 2011, n. 98, converted, with amendments, by law 15 July 2011, n. 111, are paid by the resources registered in the relevant chapters of the estimate of the Ministry of Economy and Finance, transferred to the State Property Agency. 12. The planning of services and supplies is divided into a single level and is prepared by the contracting stations and granting bodies through their own employees in service. Annex I.7 defines the minimum contents of the project. 13. For contracts relating to works, services and supplies, the cost of the work is determined annually, in specific tables, by the Ministry of Labor and Social Policies on the basis of economic values defined by the national collective bargaining between trade union organizations and the comparatively more representative employers' organisations, of the social security and welfare regulations, of the different product sectors and of the different territorial areas. In the absence of an applicable collective agreement, the cost of labor is determined in relation to the collective agreement of the product sector most similar to the one taken into consideration. For contracts relating to works, the cost of products, equipment and work is determined by referring to the prices current at the date of approval of the project reported in the price lists prepared by the regions and autonomous provinces or adopted by the contracting authorities and granting bodies who, based on the nature and object of the contract, are authorized not to apply the regional ones. The criteria for forming and updating regional price lists are defined in Annex I.14. Upon first application of this code, Annex I.14 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, following the opinion of the Superior Council of Public Works and the National Institute of Statistics (ISTAT), as well as prior agreement within the Permanent Conference for relations between the State, the regions and the autonomous provinces of Trento and Bolzano, which replaces it entirely also as an annex to the code. In the absence of updated price lists, the cost is determined by referring to the official price lists or to the price lists of the local chambers of commerce, industry, crafts and agriculture or, failing that, to the current market prices based on the place where the interventions are carried out. 14 In works and services contracts, to determine the amount used as the basis for the tender, the contracting authority or the granting body identifies the labor costs in the tender documents in accordance with the provisions of paragraph 13. Labor and safety costs are separated from the amount subject to the discount. The possibility remains for the economic operator to demonstrate that the overall reduction in the amount derives from a more efficient company organisation. 15. Annex I.13 establishes the methods for determining the fees for the project phases to be carried out basis of the assignments of engineering and architectural services, commensurate with the qualitative level of the services and activities relating to the technical, economic and executive feasibility planning of works, the coordination of safety in the design phase, the management of the works, the management of execution , the coordination of safety during the execution phase, the testing, the technical-administrative support tasks for the activities of the person responsible for the procedure and the manager responsible for planning public works. The aforementioned fees are used by the contracting authorities and granting bodies for the purposes of identifying the amount to be used as the basis for the award tender. Upon first application of this code, Annex I.13 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, by decree of the Minister of Justice, in agreement with the Minister of Infrastructure and Transport, which replaces it entirely also as an annex to the code. EFFECTIVE: July 1, 2023