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Law No 443/2001. First Program Of Strategic Works. Schemiidrici Basilicata Region. Conturizzazione Civil, Industrial, Agricultural And Measurement Of Water Supplied. Progettodefinitivo. (G84E04000020001 Cup). (Resolution No. 38/20 ...

Original Language Title: Legge n. 443/2001. Primo programma delle opere strategiche. Schemiidrici regione Basilicata. Conturizzazione utenze civili,industriali, agricole e misurazione dell'acqua fornita. Progettodefinitivo. (CUP G84E04000020001). (Deliberazione n. 38/20...

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The INTERMINISTERIAL COMMITTEE FOR ECONOMIC PLANNING having regard to law No 443 (December 21, 2001 "objective law") which, in art. 1, ruled that the public and private infrastructure and strategic settlements and pre-eminent national interest, to be carried out for the modernization and development of the country, are identified by the Government through a programme formulated in accordance with the criteria and procedural instructions contained in the same article, leaving this Committee to approve, in the first application of the law, the above program by December 31, 2001; Having regard to Act 1° agosto 2002, n. 166, which, under art. 13, brings changes to the mentioned art. 1 of law No 443/2001; Having regard to act December 27, 2002, n. 289, that articles 60 and 61 shall establish, within the Ministry of economy and finance, the Fund under-utilised areas (FAS), to be committed by this Committee with relevant resolutions adopted on the basis of the criteria indicated in paragraph 3 of the same article. 61, and which provides for the possibility of a different allocation of resources; Visto l'art. 11 January 16, 2003, law No. 3 establishing a legal system in the field of public administration ' provisions ', according to which, with effect from 1 January 2003, all public investment project must have a unique project (CUP) and having regard to the implementing resolutions adopted by this Committee; Visto l'art. 4 December 24, 2003, law no 350 refinancing on FAS and has the different resource allocation for underused areas can also be done in order to accelerate and boost spending and support for the economic cycle, by moving resources from interventions with diluted over time spending skills interventions can produce an anticipation of the same and that, to do so, establishes to give priority in 2004 to interventions in areas related to security, transport, research, water and hydro-geological risk; Having regard to the Decree-Law March 14, 2005, n. 35, recante "urgent provisions in the context of the action plan for economic, social and territorial development", converted, with amendments, by law May 14, 2005, n. 80, and in particular: the art. 5, paragraph 1, which stipulates that-for the purposes of the acceleration of capital expenditures as per paragraph 1 of art. 60 of law no 289/2002, as amended by art. 4, paragraph 130 of law No. 350/2003-this Committee fund priority interventions included in the program for strategic infrastructure referred to in law No 443/2001, selected according to the principles adopted in its resolution September 29, 2004, n. 21;
the art. 8, paragraph 6, which provides that the coverage of the cost of operations referred to in art. 5, paragraph 1, is made through a transfer-from incentives to public investments in intangible and tangible assets-an amount not less than 750 million; Having regard to the Legislative Decree of April 12, 2006, n. 163 («code of public contracts for works, services and supplies in implementation of directives 2004/17/EC and 2004/18/EC ') and subsequent amendments and supplements, in particular: part II, title III, chapter IV, concerning ' work on strategic infrastructure and production facilities» and seen, in particular, article. 163 confirming the responsibility of investigation and the helper function in the activities of this Committee at the Ministry of infrastructure and transport, which can purposely use appropriate "technical mission"; the art. 256, which repealed Decree August 20, 2002, n. 190 concerning ' implementation of Act No. 443/2001 for the construction of infrastructure and production facilities and strategic national interest», as amended by Legislative Decree No 189 August 17, 2005; Having regard to resolution No 121 December 21, 2001 (Official Gazette No. 51/2002 S.O.), with which this Committee, under repeatedly invoked art. 1 of law No. 443/2001, approved the 1° strategic infrastructure Program, that annex 3 includes, as part of the water crisis in the region of Basilicata, the «Conturizzazione complete civil, industrial, agricultural and water measurement provided '; Having regard to resolution July 25, 2003, n. 63 (Official Gazette No. 248/2003), by which the Committee adopted, inter alia, procedural guidelines regarding activities that support the Ministry of infrastructures and transport and is expected to perform for the purposes of supervision on the implementation of the interventions included in the programme of strategic infrastructure; Having regard to resolution No 19 September 29, 2004 (Official Journal No. 254/2004), by which this Committee-in allocating money for under-utilised areas brought by law No. 350/2003 (as amended by Decree-Law July 12, 2004, # 168, converted by Act July 30, 2004, # 191)-1130 million has reserved to the acceleration of strategic infrastructure program; Having regard to resolution No 21 September 29, 2004 (Official Gazette no 275/2004), by which this Committee has aimed at speeding up the strategic infrastructure Program (PIS) and the resources of that resolution No. 19/2004 is more 200 million in the regular budget of the Ministry of infrastructure and transport; Having regard to resolution No 110 December 20, 2004 (Official Journal No. 186 of August 11, 2005) with which this Committee: approved with the requirements proposed by the Ministry of infrastructure and transport, the final design «Conturizzazione civil, industrial, agricultural and measurement of water supplied "and set the" intervention "expense limit 59.5 million;
assigned to the project, drains on my FAS strategic infrastructure program for acceleration, a maximum contribution of 59.5 million, equivalent to the above «spending limit», leaving, in paragraph 2.2, the Ministry of infrastructure and transport to determine, within that maximum amount, the final contribution in relation to the outcome of the race for the award of the execution of the measures;
in point 2.3 set in six months from the date of publication of the resolution the maximum period for the award of works and for the next 15 days the deadline for delivery of the work, stating that-in case of failure to comply with these terms-the intervention would be considered de-financed; Having regard to the seventh ' monitoring report on the State of implementation, to October 31, 2009, of operations financed under the programme's strategic infrastructure acceleration maneuver» drawn up by the Ministry of economic development and subject to this Committee in today's sitting, which indicates to the work concerned a new spending limit of 45.2 million; Having regard to the note May 4, 2010, # 19350, whereby the Ministry of infrastructure and transport sent the report on ' civil Conturizzazione, industrial appraisal, and restated final contribution» e: 45.2 million, attaching a copy of the communication from the Basilicata region of October 20, 2008, # 20 2186/75AC on the restatement of the economic framework of the work;
proposed confirmation of financing already agreed with the said resolution No. 110/2004, within the limits of that definitive contribution;
Press Award and delivery dates of the works; Given that the terms within which to award final and delivery of the works referred to in section 2.3 of the resolution 110/2004, February 11 and February 26, 2006 respectively have expired; On the proposal of the Minister of infrastructure and transportation; Acquired in the agreement of the Minister of economy and finance; Acquired in the agreement of the Ministry of economic development; Takes note of the findings of the investigation by the Ministry of infrastructure and transport, in particular: procedural aspects which the awarding authority is confirmed in the region of Basilicata, con delibera di Giunta September 19, 2005, no. 1921, identified in "water S.p.A.» the subject suitable to perform the functions and activities of contractor of the intervention under study, proceeding to conclude-on October 17, 2005-special agreement;
that, pursuant to resolution of this Committee n. 143/2002, the project in question was awarded the CUP G84E04000020001;
that the implementation phase of the final draft of the "Conturizzazione civil, industrial, agricultural and measurement of water supplied" and was divided into two different contracts: supply and works contracts;
that the two races, although closely related, were spaced chronologically, being that propaedeutic for supplies to another;
that by a note February 16, 2009, n. 31421/7101 Basilicata region reported that the final award of the Sun supplies (equipment and Instrumentation) took place on April 19, 2006 and that was ended in the second half of 2008;
that by a note March 7, 2008, n. 48975/71AP, «Water S.p.A.» told us they work was finally awarded on November 30, 2006 and confirmed by the State Council last December 11, 2007;
that in relation to the work, dated September 30, 2008 ATI awarded presented the final design to the contractor, which approved it on January 28, 2009;
that delivery of the contracted work was dated March 12, 2009;
the final adjudication and delivery of work beyond the recalled terms provided for in resolution No. 110/2004 it was motivated by the proponent with respect to Ministry more time required for both water custody S.p.A. the duties of contractor for the implementation of the intervention under investigation, both to carry out simultaneous not two calls for tender; the first, the second, for preparatory work, supplies, since attending the latter, a company would have to know the instruments and equipment to implement;
that the proponent Ministry stresses the additional delays associated to litigation brought before the competent TAR by participants in tendering procedures for the award of the second contract;
that surgery is included in the 1° strategic infrastructure Program, as part of the water crisis in the region of Basilicata, which included in the list of operations financed under the acceleration of that manoeuvre, confirming the relevance of the work programme for water supply and distribution of water for drinking, irrigation and industrial use in the Basilicata region, by measuring the primary collection of utilities;
that supplies have been completed and work is nearing completion, scheduled for December 2010;
that, in relation to the circumstances highlighted and summarized above, it seems justified to confirm the State funding;
that by a note November 16, 2009, n. 210861/75 BC, Basilicata region communicated the compliance contained in annex 1 to the CIPE n. 110/2004 concerning the approval of the final draft of the work; Under the financial aspect: that the total amount of the contract supplies and the contract work, taking into account the rebates, it amounted to 34.1 million, of whom 20.6 million-gross of TAX-related procurement supplies and 13.5 million-gross of TAX-related to the contract works;
that the total amount of the contract to supply progress reports adopted, before the deduction of VAT, is equal to 20.4 million;
that, in the whole 2009, the region of Basilicata has disbursed to the contractor, for the two contracts (supplies and works), a total of about 26.6 million;
the Ministry instructor points out that the definitive amount of the contribution to be allocated for the realization of the work in question amounts to 45.2 million;
Resolution: 1. Restatement "spending limit". The «Conturizzazione» of the intervention "expense limit civil, industrial, agricultural and water measurement provided» is restated in 45,298,978.49 euros. 2. determining the definitive contribution. Drains on the resources identified in CIPE # 110/2004, the final contribution is determined at 45,298,978.49 euros and 36,100,000 euros for burden on availability of the Fund under-utilised areas related to 2005 and, for the remainder, the availability of the Fund related to 2006. 3. General provisions. The Ministry of infrastructure and transport will support activities designed to allow this Committee to carry out the tasks of supervising the execution of works assigned to it by the legislation cited above, taking into account the indications referred to in CIPE n. 63/2003 mentioned above. The CUP G84E04000020001 assigned to the project in question, in accordance with resolution CIPE September 29, 2004, # 24 (Official Journal No. 276/2004) will be highlighted throughout the administrative and accounting documentation concerning the intervention under investigation.
Roma, May 13, 2010 vice President Tremonti Secretary: Micciche ' recorded at the Court of Auditors on September 30, 2011 economic and financial Ministries control Office, registry # 10 economics and finances, sheet # 51