THE COUNCIL Considered in fact with the law 3 August 2007, n. 123 entitled 'Measures concerning the health and safety protection at work and delegation to the Government for the reorganization and reform of legislation in this field' and 'introduces the need' to establish, among the documents in the contract kit, 'single assessment document interference risk' (hereinafter IRAD) and it 'was amended Article. 86 of the Code of contracts relating to the 'evaluation of abnormally low tenders' criteria especially with regard to the exclusion of auction markdowns for the safety-related costs. Under Article. 1 of this law the government must enact within nine months of the publication (which took place August 10, 2007) one or more 'legislative decrees for the "reorganization and reform of existing legislation on health and safety in the workplace." The first news' relief under the Law n. 123/2007 and 'it contained in art. 3, paragraph 1, letter a), which amends Article. 7, paragraph 3, of Legislative Decree 16 September 1994, n. 626, concerning the "improving the safety and health of workers at work." The arrangement novellata obliges the employer must promote cooperation and coordination between client and contractor, through the development of a "single document the risk assessment" (IRAD), setting out the measures taken to ' elimination of "interference". The same provision adds that "This document and 'appended to the contract or opera. The provisions of this paragraph shall not apply to the specific risks of the attivita 'of the contracting firms or self-employed individuals. " Another important novelty 'and' was introduced by art. 8 of Law No. 123/2007 amending paragraph 3-bis of art. 86 of Legislative Decree n. 163/2006 (Code of public contracts), which now provides that 'In the preparation of tenders and in the anomaly evaluation of tenders in the procedures for awarding public works contracts, service and supply contracts, contracting entities are required to evaluate the economic value is adequate and sufficient with respect to labor costs and the cost of security, which must be specifically indicated and be reasonable with respect to the entity 'and the characteristics of the works, services or supplies. " The cited art. 8, it has altresi 'introduced a paragraph 3-ter art. 86 of the Public Contracts Code, "The security-related cost can not 'in any case be subject to reduction of the auction." Outlined by the regulatory framework is clear, therefore, that security costs - both in the area of ​​work and in that of the supplies and services - should be properly assessed by the contracting authority and indicated in the notices; in turn, the companies will have in their tenders, the specific costs associated with their activities'. Of course, in its review of the anomaly of such offers, the contracting authority must 'assess the fairness' than the entity' and the characteristics of the work, service or supply. It is, finally, normativamente excluding, also in this case for works, services and supplies given the general nature of the exposed principle art. 86, paragraph 3-ter, that the cost of security is likely to decline. Considering the importance of the issues and problems already 'have arisen in the application of the new provisions on procurement of services and supplies, the Authority' has conducted special hearings with representatives of ANCI - National Association of Italian Municipalities, dell ' UPI - Union of Italian provinces, the ITHACA - Institute for innovation and transparency of contracts and compatibility 'environment, the Ministry of labor and social security - general Direction for social security policies, the Ministry of social solidarity' - Direction general protection cond. lav., ANCE - Directorate General for Industrial Relations and Directorate General Security building, dell'ANIEM - National Association of construction companies, the CNA Building - Conf. nat. artig. small and medium enterprises, the CONFAPI, the Confindustria, the National Association of Safety Engineering, the FILCA - CISL, the FILLEA - CGIL, INAIL, INPS, ASSTRA - Transport Association, dell'ANAEPA, the FILCAMS - CGIL, the Tucs - UIL, the FISASCT - CISL, the FENEAL - UIL. In these hearings and 'it underlined the importance of the issue on security and the need for an act of address Authority' which gives useful guidance to contracting authorities and businesses; They were also provided important contributions that have helped to clarify certain aspects of the legislation. Considered in law The aforementioned news' introduced by Law no. 123/2007 on safety create difficulties' to procuring operating stations with particular regard to the services sector and supplies, since 'not there', at present, legislation similar to that provided for works contracts ( legislative decree no. 494/1996 and decree of the President of the Republic n. 222/2003), which gives specific guidance both on how 'of DUVRI preparation, both on how' of their cost valuation. The aspects that you feel you have to clarify in particular: A. Existence of 'interference' and the consequent obligation of DUVRI preparation; B. Assessment of the security costs; C. security costs by not subjecting to the downside. A. Existence of 'interference' and the consequent obligation of preparing the DUVRI The DUVRI is configured to be fulfillment of the obligation, provided for in the amended Article. 7, paragraph 3, of Legislative Decree n. 626/1994, the employer must promote cooperation and coordination between itself and the subcontractors and / or self-employed. It is a document to be drawn up by the contracting authorities and that must give operational and management guidance on how to overcome a major obstacle to the prevention of accidents in the workplace and construction sites: the interference. " There is talk of interference in the circumstance where there is a "dangerous contact" between the client and the contractor's staff or between staff of different companies operating in the same business location with different contracts. In principle, it is necessary to relate the risks present in the places where will be 'carried out the service or the delivery with the risks arising from this contract. Contracting stations have the sole reference for the preparation of DUVRI Article. 7 of the Legislative Decree n. 626/1994 concerning contracts or contracts for work that does not provide detailed indications on how 'operational for its drafting. By provision of the law, however, it follows that the DUVRI must be drawn up only in cases where there is interference. In it, therefore, must not be given the risks inherent in the attivita 'of individual contractors or self-employed individuals, since it deals with risks for which remains unchanged the contractor's obligation to draw up a special evaluation document and to ensure the implementation of measures to reduce or eliminate these risks to a minimum. In the absence of interference need not prepare DUVRI; However, it seems necessary to specify in the tender documentation (notices, invitations and requests for quotations) the amount of security charges and 'zero. In this way, in fact, it should be noted that the assessment of the existence of interference 'has nevertheless taken, if only to rule out the existence. As for the problems inherent in the existence or absence of interference, without limitation you may consider the following risks interfering: arising from overlaps more 'activities' carried out by different contractors operators; put in place by the contractor's Work processes; existing in the place of Lord's Work, where and 'provided that the contractor must work, in addition to those specific of the attivita' own contractor; resulting from mode 'Special requests explicitly by the developer execution (that entail added dangers than those specific of the attivita' contracted out). It is recalled that the interpretative circular of the Ministry of Labour and Social Security No. 24 of 14 November 2007 has excluded from the assessment of the risks of interference activities' which, although part of the production cycle, it is conducted in places removed from the legal availability 'of the client and, therefore, to the possibility' for the Contracting Authority to perform in the same places legal obligations. It appears useful, however, specify how certain service or supplies are held in public buildings where and 'present an employer that is not' customer (schools, markets, museums, libraries). In such case, and 'necessary that the client (usually the owner of the building authority) will coordinate with the place where the employer will take place' materially supply or service. It must also be emphasized that the evaluation of interference risks, in particular in buildings such as, for example, hospitals and schools, must be made by reference not only to internal staff and employees of contractors, but also to users in various capacities may be present at the same facility such as patients, pupils and also the general public. For contracts listed below and 'can advance exclude the preparation of IRAD and the subsequent estimation of the cost of security: the mere provision without installation, except in cases where activity' or procedures are necessary likely to generate interference with the provision itself, such as the delivery of materials and products in the workplace or on construction sites (with the exception of those where the interfering risks were evaluated in the safety plan and coordination, as detailed below); the services for which it is not 'intended to be run within the Contracting Authority, meaning "inside" all the premises / site made available by them for the performance of the service, not even the seat of its offices; the intellectual services, even if made with the contracting authority. The above-mentioned circular of the Ministry of Labour and Social Security has also clarified that the DUVRI and 'a document' dynamic ', for which the risk assessment carried out prior to the award of the contract must necessarily be updated in the event of changed circumstances, such as the intervention of subcontracts or supply and installation or in case of loans to the self-employed. The update of the risk assessment must also be carried out in case of technical changes, logistical or organizational rendered necessary during the execution of the contract or where ', in the process of execution of the contract, it emerges the need' of an update the document. In contracts falling within the scope of Legislative Decree No. 494/1996, for which you must prepare the security plan and coordination, analysis of interfering risks and the estimated related costs are included in the safety plan and coordination and, therefore, in such cases does not prepare the DUVRI appears necessary . Finally, please note that the DUVRI and 'a technical document, which must' be annexed to the contract, since 'the contractor must' carry out the activities' provided therein, aimed at elimination of risks. Therefore, it must be considered on a par with the technical specifications (Art. 68 of the Public Contracts Code), as must afford equal access for tenderers, must not have the effect of creating unjustified obstacles to competition and should, therefore, be made available to bidders. B. Evaluation of the security costs to quantify the costs of security from interference, similarly to works contracts, it can 'refer, mutatis mutandis, to the measures referred to in Article. 7, paragraph 1 of the Decree of the President of the Republic n. 222/2003 inserted in DUVRI and in particular: a) the preparations (such as scaffolds, ladders, etc.); b) the preventive and protective measures and personal protective equipment may be necessary to eliminate or minimize the risks to be interfering works; c) any grounding systems and protection against lightning, the fire-fighting systems, the smoke exhaust systems (if no or inadequate performance of the contract at the premises / locations of the principal employer); d) the means and collective protection services (such as safety signs, horns, etc.); e) the procedures for specific security reasons; f) any actions aimed at safety and required for the spatial or temporal phase shift of interfering works; g) the coordination of measures concerning the common use of What to do, equipment, infrastructure, collective protective means and services. The cost estimate must 'be fair, analytic for each item, with reference to standard or specialized price lists, or based on official price lists or price lists in force in the affected area, or on the list price of the security measures of the customer; in the case where a price list is applicable or not is not available, the estimate must 'be carried out with reference to a detailed analysis of costs and deduced from market surveys. It should be noted that even in the event of subcontracting charges related to safety should not be subject to reduction and are shown separately from those subject to reduction of the auction in the contract between the successful tenderer and subcontractor. In this case, moreover, the Director and the 'responsibility to verify that the contractor buyer matches the security costs also to the subcontracting undertaking. May eventually encounter the situation in which and 'foreseen the possibility' for tenderers to submit variants, when the award criterion of the race and 'the economically most' advantageous tender (Art. 76 of the Public Procurement Code), or when it emerges the need 'to changes in the course of execution of the contract resulting from occurring of technical, logistical and organizational in the cases established by the code (art. 114 of the code of public contracts). In such cases there may be the need 'to change the IRAD, activities' which could' lead to a reassessment of the security charges for interference. In this regard, the opportunity is revealed 'by the contracting authority to include among the sums available to an item relating to contingencies which can also draw in this case. It 's not ruled out, finally, that in the process of cooperation and coordination that precedes the final draft of IRAD to be attached to the contract emerges the need' to make changes to the already 'place-based tender document. In analogy with art. 131 of the Code, relating to the work, can 'therefore be foreseen at this stage the possibility' for the contractor to submit additional proposals to the IRAD, proposals which of course will have to be carefully assessed by the contracting authorities. Article. 131, paragraph 2, letter a) of the Code provides that within thirty days from the award and before the delivery of the work, the contractor or the concessionaire may 'submit to the contracting authority any additional proposals of the security plan and coordination. It highlights, therefore, the opportunity 'to insert in the specifications a specific wording, which indicates that the developer has prepared (or has not drawn) the IRAD and that this document potra' be updated by the client, even on proposed executor of the contract, in case of technical changes, logistical or organizational accidents on how 'realization; This document potra ', also be integrated on a proposal from the contractor to be formulated within thirty days from and after the evaluation of the client. C. security costs to be not subject to downward Regarding the new art. 86, paragraph 3-bis of the Code of public contracts, it should be clarified whether the costs of security are not subject to downward only those relating to preventive and protective measures required to eliminate or minimize the risks of interference or are all costs related to the 'implementation of security measures, including those to the undertaking related to the risks associated with its activities'. To solve this problem, and 'we must consider that changes art. 86 of the Public Contracts Code fall within the framework of the 'Evaluation criteria of abnormally low tenders', as stated expressly titration of that provision. In this view, the legislature asked the contracting authority to investigate, to the verification of the adequacy 'of tenders, that the economic value is adequate and sufficient with respect to labor costs and the safety-related costs. The latter cost, therefore, must be specifically indicated and be congruous with the entity 'and the characteristics of the works, services and supplies. On the other hand also art. 87, paragraph 4, the same respect of the Code of public contracts states that "In the assessment of the anomaly the contracting authority takes into account the costs related to security, which should be specifically mentioned in the offer, and be adequate with respect to the entity 'and features services and supplies. " It should also be noted that the most 'times cited Circular of the Ministry of Labour and Social Security stated that' .., for all other risks not related to interference the obligation remains unchanged for each company to build its own assessment document risks and ensure the implementation of safety measures required to eliminate or minimize the specific risks of the attivita 'turn'. Finally, it should be noted that the risks of the attivita 'carried out by each company are known to the same in a timely manner, while not' possible for the contracting authority to know the different realities 'organization of businesses that will be awarded the service or supply, reality' which are closely related the risks of its activities'. On the basis of the foregoing that: 1) for the security costs related to the exercise of the attivita 'carried out by each company, remains unchanged the obligation for the same process its own assessment document and ensure the implementation of necessary measures to eliminate or minimize the risks. These costs are borne by the undertaking, which must show, in its review of the anomaly of the offers, that they are reasonable compared with those deduced from the price lists or from the market; 2) as regards the security costs necessary for the elimination of risks from interference, they must be distinguished from the amount of the base bid and are not subject to downside. In phase of the event, such costs are not subject to any checks having been measured and evaluated upstream from contracting. Compared to the evaluation of costs orders referred to in point enterprises 1), it is emphasized that the same should also be carried out in those cases where you do not proceed to the verification of anomalous tenders (eg for the award by negotiated procedure) . Conclusions In the light of the Authority 'previous considerations believes that: A. for contracts listed below and' can advance exclude the preparation of IRAD and the subsequent estimation of the cost of security: a) the mere delivery without installation, except in cases in which activities are necessary 'or procedures that may generate interference with the supply itself, as for example the delivery of materials and products in the workplace or in yards; b) the services for which it is not 'intended to be run within the contracting authority, meaning "inside" all the premises / site made available by the contracting authority for the performance of the service, not even their Corporate Offices ; c) intellectual services, even if made with the contracting authority. B. They are quantifiable as security costs from interference measurements, mutatis mutandis, in art. 7, paragraph 1 of the Decree of the President of the Republic n. 222/2003 provided for in the IRAD, recalled earlier. C. For the security costs related to the exercise of the attivita 'carried out by each company, remains unchanged the obligation for the same process its own assessment document and ensure the implementation of measures required to eliminate or reduce to a minimum the risks. These costs are borne by the undertaking, which must show, in its review of the anomaly of the offers, that they are reasonable compared with those deduced from the price lists or from the market. Security costs necessary for the elimination of the risk of interference must be distinguished from the amount of the base bid and are not subject to downside. In phase of the event, such costs are not subject to any checks having been measured and evaluated upstream from contracting. Rome, 5 March 2008 President: Giampaolino The rapporteur adviser: Moutier