Awarding of engineering and architecture services and use of BIM (Building Information Modeling): question to the Senate

The question asks Minister Toninelli how he intends to proceed to encourage the correct and uniform use of electronic methods and tools (including BIM, Building Information Modeling ) and to support administrations in the implementation of the provisions of article 3 of the decree ministerial n. 560/2017

On May 28, the oral answer question 3-00846 by Senator Salvatore Margiotta was presented to the Senate, concerning the assignment of engineering and architecture services by contracting stations and the use of BIM (Building Information Modeling).

The question on Building Information Modeling is addressed to the Minister of Infrastructure and Transport, DaniloToninelli

Given that: on April 18, 2019, the advisory section for regulatory acts of the Council of State expressed its opinion on the updating of guidelines no. 1, bearing ” General guidelines on the assignment of services relating to architecture and engineering “, in implementation of article 213, paragraph 2, of legislative decree no. 50;

• the guidelines n. 1 have been submitted by ANAC to review and update in consideration of the issue of the decree of the Minister of Infrastructure and Transport 1 December 2017, n. 560, concerning the use of specific electronic methods and tools such as modeling for infrastructure and construction, with the aim of providing contracting authorities with operational indications regarding the procedures for awarding services relating to architecture and to engineering through the use of the aforementioned methods and electronic tools, or for the use of the so-called BIM Building Information Modeling ;

• the Authority represented that the guidelines were prepared following a public consultation held in open mode and stated that the document submitted for opinion is the result of the evaluation and weighting of the observations made by the stakeholders involved. In particular, the document was subjected to a consultation (from 8 June to 9 July 2018) in which 13 subjects participated, of which a contracting authority (Superintendency for public works for Lombardy and Emilia-Romagna, whose administrator, the engineer Piero Baratono, was president of the preparatory commission of the draft of the decree itself), four trade associations (OICE ,Technical professions network, IBIMI, INARSIND), a pension fund (Inarcassa), a research center (CCLM, Interuniversity Center for Construction Law and Management), two associations (Italian Association for Quality Culture, UNI) and four economic operators (Harpaceas srl, engineer Francesco Folino, engineer Carlo Zunino and engineer Roberto Lodola);

• article 23, paragraph 13, of legislative decree no. 50 of 2016 provides that contracting stations equipped with adequately trained personnel and suitable monitoring systems may request, for new works as well as for recovery, redevelopment or variants, primarily for complex works, the use of electronic methods and tools . The same paragraph refers to a decree of the Minister of Infrastructure and Transport the identification of the times for the gradual introduction of the mandatory use of the aforementioned methods and tools, in relation to the type and amount of the works to be awarded; in this regard, the Minister adopted the aforementioned decree no. 560 of 2017;

• in the opinion, in particular to point 4 relating to “ The amendments to the Guidelines no. 1 relating to Ministerial Decree no. 560/2017 “, the Council of State notes that decree no. 560 does not appear to have been submitted for an opinion although, from its contents, it can be qualified as a legislative act; consequently, the advisory section believes that it cannot express any opinion on the amendments to the guidelines in the part in which they provide information relating to the discipline contained in the decree, because it constitutes the logical antecedent and legal basis of the same guidelines;
  

  

whereas

• the ministerial decree already provides for the compulsory use of Building Information Modeling for complex works exceeding 100 million euros from 1 January 2019 and then to scale up over the next few years, until the complete management with this methodology of all works starting from January 1, 2025;
• Article 3 places some preliminary obligations on the contracting authorities, which in any case constitute not insignificant charges; in fact, it prescribes a training plan for the staff of the contracting stations in relation to the role held, with particular reference to specific electronic methods and tools, such as modeling for building and infrastructures; a plan for the acquisition or maintenance of hardware and software tools for digital management of decision-making and information processes, appropriate to the nature of the work, the process phase and the type of procedure in which they are adopted; an organizational act that explains the control and management process, the data manager and the management of conflicts,

you ask to know:

• how the Minister in address intends to proceed in order to favor the correct and uniform use of the methods and electronic tools of Building Information Modeling, ensuring that the contracting authorities can refer to any appropriate operational indication;
• what initiatives does it intend to take in order to support the administrations in the implementation of the provisions of article 3 of ministerial decree no. 560 of 2017, with particular regard to the necessary resources to be provided for these purposes.

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