The activity of design support it cannot be used for the entire amount of the works for the purposes of demonstrating the technical ability, but it must be parameterized based on the actual activity carried out. Therefore, not only must the services performed be relevant to the categories of work required by the tender and the related amounts, but it is also necessary to take into account the impact of the certified activities within the performance phases to which they refer.
If this were not the case we would have the paradox that residual and secondary activities from an economic point of view they can legitimize the assignment of complete designs, even extremely complex ones and worth millions of dollars, with the risk, then, that all the subjects in various capacities involved in the project could avail themselves of the same design for the entire amount of the categories and classes same project activity.
To say it is theAnac with an act of the president, ruling on the topic of the evaluation of the certifications produced for the purpose of demonstrating previous services. The specific case concerns the requirements of a designer in an integrated contract for the definitive and executive design for the construction of a nursery school in Vittoria, in the province of Ragusa, for a starting bid value of almost four million euros (3,972,099.64 euros).
In this specific case, the designer had claimed, for the demonstration of eligibility requirementsprevious services of little value, relating for example to energy performance certificates. The contracting authority had allowed the designer to make full use of a certification, issued by another entity in different categories of work for a total value of 13,911,195 euros, without taking into account that in the certificate in question the same designer was responsible only for the “support to the definitive design” for the performance of individual specialist services, remunerated only with a fee of less than 10 thousand euros.
In light of the reconstruction of the certification used by the professional, according to Anac, given the partiality of the certified design activity compared to the entire value of the definitive design, the evaluation of the contracting authority which deemed the categories and amounts of the work reported in the certificate presented by the professional, for the purposes of proving the participation requirements, «which if anything, they could find recognition in the certification on a percentage basis».
In public tenders for the awarding of engineering and architectural services – specifies Anac – previous experience must include the performance of services which are in any case suitable to demonstrate the technical ability in relation to the task to be entrusted. And, «even admitting the possible expense of ancillary services to the design of a specialized nature – the Authority generally believes – that the previous experience must include the performance of services in any case suitable to demonstrate the technical capacity in reference to the task to be entrusted, referring to each of the classes and categories and the amounts requested”.
«In other words, in verifying the suitability of previous experience, it must be assessed whether the services performed are relevant to the categories of work requested by the notice and the related amounts, also taking into account theincidence of certified activities within the performance phases to which they are inherent, in order to avoid that the performance of services of a completely secondary nature – in quality and quantity – could allow the entire value of the work, object of previous planning, to be used for the demonstration of its technical ability”.
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published on: 06/21/2024
