Activities Manager of Process: it is not permitted to support counseling
The design advice in support of the Sole Procedure is not required by law. This was repeated the AVCP which, through Resolution 80/2012, has been expressed about a race, a matter of contention, with which it is entrusted with expert advice in aid to the design of a Technical Department. Subject of the contract: the conversion of irrigated and the water system of a portion of the Caserta area.
The race, carried out in 2011, had led to the exclusion of a participating company, which had triggered a dispute in two stages and put the issue to the Authority. First, because he judged illegitimate causes of exclusion and, then, to require the verification of personal liability of officers and a statement of case to the Court of Auditors, in order to ascertain a possible loss of revenue. The AVCP not only gave reason to the company, recognizing the unjustified exclusion of the competitor, but also claimed the non-compliance of the notice to the code of contracts.
The reliance activities classifiable as services related to engineering design. And here is the main problem. The Authority recalls Determines No. 5 of 2010 - Guidelines for the assignment of the services of Architecture and lngegneria, which already stated that the "advice" to aid in the design of public works is not covered in the national regulatory framework.
The reason is closely related to the identification certain and clearly the responsibilities which have to be traced to a single decision-making, that the designer, whose responsibility, the Authority recalls, "shall not be affected when it is forbidden to make use of subcontracting» .
The Authority also summarizes the role of the ORs, entrusted with the responsibilities and duties of supervision and coordination at all stages of planning, custody and execution of the contract, so that it is conducted in a unified manner, in relation with the time and cost budget. More specifically, for the design, the RUP is responsible for the preparation of the preliminary document the design and coordination of the activities for the preparation of the preliminary draft final and enforceable.
That said, it follows that outsiders can only support the ORs in the activities of his competence, coordination and supervision of the design, "still remains that the design task is the sole responsibility of the designer."
05/10/2012
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Translated via software
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Source:
Italian version of ReteArchitetti.it