Article 45. Incentives for technical functions.

1. The charges relating to the technical activities indicated in Annex I.10 are borne by the appropriations provided for the individual procedures for awarding works, services and supplies in the expenditure estimates or in the budgets of the contracting authorities and granting bodies. Upon first application of the code, Annex I.10 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law no. 23 August 1988. 400, with decree of the Ministry of Infrastructure and Transport, having consulted the Superior Council of Public Works, which replaces it entirely also as an annex to the code. 2. The contracting authorities and granting bodies shall allocate financial resources for the technical functions carried out by the employees specified in Annex I.10 and for the purposes indicated in paragraph 5, from the allocations referred to in paragraph 1, to an extent not exceeding 2 percent of the amount of the works, services and supplies, based on the award procedures. This paragraph also applies to contracts relating to services or supplies in the event that the director of execution is appointed. For the purposes of exclusion from the obligation to allocate the resources referred to in this paragraph, contracting authorities and granting bodies have the right to provide for a different method of remuneration for the technical functions carried out by their employees. 3. L 80 percent of the resources referred to in paragraph 2 are divided, for each work, work, service and supply, between the RUP and the subjects who carry out the technical functions indicated in paragraph 2, as well as among their collaborators. The amounts also include social security and welfare costs borne by the administration. The criteria for the relevant allocation, as well as those for the corresponding reduction of the financial resources connected to the individual work or work, in the face of any unjustified increases in times or costs envisaged by the economic framework of the executive project, are established by the contracting authorities and the granting bodies, according to the respective regulations, within thirty days from the date of entry into force of the code. 4. The incentive referred to in paragraph 3 is paid by the manager, the service manager in charge of the competent structure or by another manager appointed by the individual administration, having consulted the RUP, who ascertains and certifies the specific technical functions performed by the employee. The overall incentive accrued by the employee during the relevant year, even for activities carried out on behalf of other administrations, cannot exceed the overall gross annual salary received by the employee. The excess, unpaid incentive increases the resources referred to in paragraph 5. For administrations that adopt digital methods and tools for the information management of the contract, the limit referred to in the second period is increased by 15 percent. The part of the incentive that corresponds to services not carried out by employees, because they are entrusted to personnel external to the administration itself or because they lack the manager's certification, also increases the resources referred to in paragraph 5. The provisions of paragraph 3 and this paragraph do not apply to personnel with managerial qualifications. 5. 20 percent of the financial resources referred to in paragraph 2, excluding resources deriving from European funding or other earmarked funding, increased by the portions of the incentive corresponding to services not carried out or without certification from the manager, or not paid for the reasons referred to in paragraph 4, second sentence, is intended for the purposes referred to in paragraphs 6 and 7. 6. With the resources referred to in paragraph 5, the entity purchases goods and technologies functional to innovation projects, also to incentivize: a) electronic information modeling for construction and infrastructure; b) the implementation of databases for the control and improvement of spending capacity; c) IT efficiency, with particular reference to electronic methodologies and instruments for controls. 7. Part of the resources referred to in paragraph 5 is in any case used: a) for training activities to increase the digital skills of employees in carrying out interventions; b) for the specialization of staff carrying out technical functions; c) for covering expenses of compulsory personnel insurance. 8. The administrations and bodies that set up or make use of a central purchasing body may allocate, also at the request of the latter, the financial resources referred to in paragraph 2 or part of them to the employees of this plant in relation to the technical functions performed. The sums thus allocated cannot in any case exceed 25 percent of the incentive referred to in paragraph 2. EFFECTIVE FROM: 1 July 2023