Article 44. Integrated procurement.

1. In works contracts, with the decision to contract, the contracting authority or the granting body, if qualified, may establish that the contract has as its object the executive design and execution of the works on the basis of a technical feasibility project -economically approved. This option cannot be exercised for contracts for ordinary maintenance works. 2. The contracting authority or the granting body motivates the choice referred to in paragraph 1 with reference to the technical needs, always taking into account the risk of possible cost deviations in the executive phase with respect to what is contractually provided for. 3. When the contract is awarded pursuant to paragraph 1, the economic operators must possess the requirements prescribed for designers, or make use of qualified designers, to be indicated in the offer, or participate in grouping with subjects qualified for the design. Qualification for design also includes the use of digital methods and tools for information management through modeling. 4. The offer is evaluated with the criterion of the most economically advantageous offer, identified on the basis of the best quality/price ratio. The offer clearly indicates the fee required for the design and execution of the works. 5. The execution of the works can begin only after approval by the contracting authority of the executive project, the examination of which is conducted pursuant to article 42. 6. In cases where the economic operator makes use of one or more qualified subjects to prepare the project, the contracting authority indicates in the tender documents the methods for direct payment to the designer of the related costs to the executive design indicated in the offer, net of the auction markdown, subject to approval of the project and subject to presentation of the designer's fiscal documents. EFFECTIVE FROM: 1 July 2023