Legislative Decree 36/2023 Contract Awards

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Questions and Answers

According to Article 17 of Legislative Decree 36/2023, how does the direct assignment to a selected economic operator occur?

Through a complex bidding process involving multiple stages.
Through a negotiation that is extended across a 30-day period.
Through a simplified format decision of assignment or equivalent act. (correct)
Through a lottery system that is audited by a third party.

Which of the following elements must be included in the decision of assignment according to the guidelines provided?

The estimated number of employees to be involved.
The object of the assignment and the amount. (correct)
The detailed weather forecast for the duration of the project.
The historical performance data of similar projects.

In which of the following cases are the obligations to indicate labor costs in the tender documents and the applicable collective agreement used?

For works, services (excluding intellectual ones), and supplies with installation. (correct)
Only for projects that are co-financed by international entities.
Only for supply contracts that exceed a certain financial threshold.
Only for intellectual services.

How are safety costs treated in relation to the amount subject to reduction?

They are excluded from the amount subject to reduction. (C) Signup and view all the answers

For which category of works can labor costs be calculated using the percentage incidence estimates approved annually by the Provincial Council?

For general and specialized categories of works. (D) Signup and view all the answers

What are the contracting authorities required to indicate, in addition to verifying the application of the national and territorial collective agreement by the economic operator?

The applicable national and territorial collective agreement for dependent personnel employed in the contract. (C) Signup and view all the answers

According to the information provided, what action is taken by the contracting station after the economic operator presents the declaration on the collective agreement applied?

Verification of the declaration and ensuring alignment with internal policies before the assignment. (D) Signup and view all the answers

What is one of the scenarios that may occur, post-presentation, regarding the economic operator's declared collective agreement?

The economic operator applies the collective agreement identified by the contracting station, allowing the assignment to proceed. (D) Signup and view all the answers

If an economic operator applies a different collective agreement, what commitment must they make?

To apply the national and territorial collective agreement indicated in the execution of the services for its entire duration. (D) Signup and view all the answers

What happens if the economic operator indicates a different collective agreement and provides a 'declaration of equivalence of protections'?

The station evaluates the declaration according to the discipline of abnormal offers. (A) Signup and view all the answers

Flashcards

Decisione di affidamento

A simplified format selection that occurs via the decision of a client.

Costi della manodopera

Obligations to indicate costs and the collective agreement applicable in tender documents.

I costi della sicurezza

The costs of safety are excluded from the amount subjected to reduction.

Collective Agreement

Stations indicate the national and territorial collective agreement applicable to dependent personnel.

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Gestione delle spese economali

The managing of the costs constitutes a derogation from the general rule of necessary planning.

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Study Notes

Expenses should be managed according to established accounting principles, allowing deviation from standard purchase programming to address unexpected equipment/materials needs for smooth administrative operation.
Economic expenses must be itemized in an internal regulation, covering minor goods/services required by contracting authorities for unforeseen needs related to the institution's objectives.

Decision to Award Contract (Art. 17, Legislative Decree 36/2023)

Direct award to a selected economic operator is made through an award decision (simplified format under Art. 17, para. 2, Legislative Decree 36/2023) or equivalent act, containing:
- Subject of the contract
- Amount
- Terms of the definitive guarantee (if required), possible subcontracting details, clause
- Details on direct assignments financed by PNRR and PNC resources (Art. 47, para. 1, Law 108/2021)
- Supplier
- Market research
- Reasons for choosing the supplier and list of operators consulted during market research
- Potential commitment of expenses if a single act is desired
Labor costs under Art. 41, para. 14, Legislative Decree 36/2023 and the applicable collective agreement as per Art. 11, para. 1, Legislative Decree 36/2023 should be indicated in:
- Tender documents if it is work
- documents for services (excluding intellectual ones)
- supplies with installation
Security costs are excluded from the discounted amount.
For work, labor costs can be calculated using the percentage impact estimates for general and specialized work categories, annually approved by the Provincial Council (most recently Resolution No. 546 of June 27, 2023).
The calculation of labor costs for services and supplies is done by the contracting authority.
Contracting authorities must specify the applicable national and territorial collective agreement for personnel employed in the contract.
The request and verification of the applicable National Collective Labor Agreement (CCNL) and territorial agreement by the identified economic operator, along with the labor cost according to Art. 110, para. 1, Legislative Decree 36/2023, and internal company costs, are performed by the contracting authority before the award; Art. 27, paragraph 4-bis, LP 16/2015.
After the selected economic operator submits a declaration on the applied collective agreement, three scenarios can occur:
- If the operator uses the agreement identified by the contracting authority, the award can proceed.
- If the operator uses a different agreement, they must commit to apply the national and territorial collective agreement indicated for the contract's execution, as stated in Art. 11, para. 4, Legislative Decree No. 36/2023.
- If the operator indicates a different collective agreement, they must provide a "declaration of equivalence of protections," which the contracting authority verifies using the rules for abnormal tenders, according to Art. 11, para. 4, Legislative Decree No. 36/2023, using the methods indicated.

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