Description
For the purposes of qualification for works on the cultural heritage referred to in legislative decree no. 42 of 22 January 2004 (Cultural Heritage and Landscape Code), relating to categories OG 2, OS 2-A, OS 2-B, OS 24 and OS 25, referred to in Annex A to presidential decree no. 207 (Regulations for the execution and implementation of Legislative Decree no. 163/2006), carried out on behalf of public entities, as well as private clients or on their own account, the certification issued to the executors must also contain the certificate issued by the authority in charge of the protection of the property subject of the works.
The certificate of 'successful completion' issued by the protective body (in addition to the certificate of regularity and successful completion declared by the client) is therefore of a 'specialised' nature, in the sense that the certificate issued by the authority responsible for the protection of the asset in question constitutes recognition of the contractor's correct approach in dealing with the peculiarities of such works, recognising the suitability of the same company to acquire the qualification to participate in subsequent and similar tenders, without entering into the merits of the modalities of the contractual relationship.
In the absence of this 'nulla osta' issued by the body responsible for protection, the use of certificates of execution of works in the categories describing interventions on protected property is precluded. Provincial Law no. 26 of 10 September 1993 (Norme in materia di lavori pubblici di interesse provinciale e per la trasparenza negli appalti) and the relative regulations refer to the qualification system provided for by the state regulations and make explicit reference to the acquisition of the scientific statement.