FAQ
Question No. 1 We seek clarification about the social clause regarding the number of units, levels and steps of staff to be absorbed
Answer: there is no social clause
Question No. 2 In Art. 6 point B) of the tender specifications, the possession of the prefectural license under Art. 134 is required, since it is a mixed type of tender (concierge and surveillance), We are to ask whether in the case of a Grouping of Companies, formed by a Surveillance company with a regular Prefectural License and a Concierge company, the requirement is met or must the company that performs only the concierge service also possess the license?
Answer: The requirement must be possessed by the company that will carry out armed security activities the predominant activity (see answer question 4)
Question No. 3 We ask for CCNL applied, Grading Level and RAL of the outgoing staff, for the purpose of applying the social clause;
Answer: See answer question no.1
Question No. 4 The maximum estimated value for the contract is € 1,105,980.00 over the three-year period, broken down as follows: € 373,248.00 for armed security, € 732,732.00 for concierge and unarmed security. It is stated in point 6.4 of the Tender Specifications that, in the case of a grouping, the requirement relating to possession of the prefectural license issued pursuant to Article 134 of the Consolidated Law on Public Security must be possessed by the mandated company that will carry out the armed security service. Since it is clear from the breakdown of the contract value that the prevailing service is that relating to concierge and unarmed vigilance, which moreover covers two-thirds of the daily work span, the indication that the company performing the armed vigilance service must also be the principal of the grouping is not consistent with the requirements of Article 48 paragraph 2 of the Contract Code on vertical grouping. Therefore, we ask for confirmation that this is a typo and that the role of mandatary must be played by the company that performs the prevailing activity in economic terms and in terms of quantity of services.
Response: In the Specification, the amount of hours provided for armed security is 6,912, for unarmed security and concierge there is a guaranteed amount of hours of 10,000. It follows that the economic and quantitative parameters are comparable. Therefore, possession of the requirement remains confirmed as set out in the specification . Amended response
Answer: The main service, also in “guaranteed” economic terms, is the concierge and unarmed security service. Therefore, the certification ex. art. 134 of the Consolidated Law on Public Security (TULPS), in terms of art. 48 of the Contract Code, must be possessed by the mandated company deputed to carry out said main activity
Question No. 5 Section 6.3 of the Tender Specification requires turnover for similar services in the last three years. Should the three-year period 2018-2020 or 2019-2021 be considered?
Answer: The three-year period 2018-2020
Question no. 6: With reference to the hourly rate of vigilance placed on the basis of the tender of € 18.00, it is noted that this rate, to be lowered, is not congruous with reference to the ministerial tables of the CCNL for the sector and given also what is provided for in the technical offer criteria, evaluated in 8 points, which impacts, as a cost, for the achievement of the score necessarily on the rate offered in the tender – c.1 improvement proposals that the company intends to make to the service in relation to the type of services provided by the tender specifications
Answer: Article 23, paragraph 16 of Legislative Decree 50/2016 states, “For contracts related to works, services and supplies, the cost of labor is determined annually, in special tables, by the Ministry of Labor and Social Policies on the basis of economic values defined by national collective bargaining between the trade unions and employers’ organizations comparatively more representative, the rules on social security and welfare, the different commodity sectors and different territorial areas. ….omissis… In contracts for works and services the contracting station, in order to determine the amount to be tendered, shall identify in the documents placed on the basis of tender the labor costs on the basis of the provisions of this paragraph….”
It constitutes jus receptum the principle for which the average costs reported in the ministerial tables perform an indicative function, susceptible, of deviation in relation to statistical evaluations and business analysis, in spite of the minimum wages of the national collective bargaining, not susceptible to derogation in peius (in this sense, not least, ANAC guidelines No. 10, just resolution 462/2018).
That said, it cannot escape the fact that the contract in question actually consists of the services of concierge, unarmed security and armed security. For the first two services, for (only) which the notice ensures a mandatory minimum of entrustment (at least 10,000 hours per year), the presumed value is about twice that envisaged for armed guarding.
The same algorithm used for scoring the so-called “economic offer,” rewards with higher evaluation, the rebate of the unarmed concierge and security service (20 out of 30 points) in contrast to the rebate of the armed security service (8 out of 30 points).
Despite the abstract divisibility of the services in question, the uniqueness of the tender always requires an overall assessment of the appropriateness of the alleged amount because of the foreseeable offsetting effects among the cost items involved.
Having scrutinized the ministerial tables referred to above, there is no evidence of worrying deviations from the average hourly rates, except as a result of oversized grading levels being referenced.
Question no. 7a: Point 2 of the tender specifications gives a total of 17,446 hours for concierge services, while point 2 of the specifications gives the working hours for each location, which when added together give a total of 24,466. To what is this disparity of 7,000 hours due? And what are the actual working hours to be taken into account for concierge services?
Response: See the Terms of Reference in Article 3.1 “…Specifically for the concierge service, the Foundation will complement the resources of the awarded company with at least four staff units for a minimum estimated commitment on an annual basis of 7,020 hours for the concierge services indicated in Paragraph 2.”
Question no. 7b: In addition, with regard to “Display Areas Station”, the total number of hours was not indicated.
Response: the amount of hours for “Display Area Stations” is detailed in the subheadings under Article 2 of the Specifications
Question no. 8a: Confirmation is requested that this is a new service, NOT already performed by any operator and therefore there is no C.d. change of contract in compliance with the Social Clause;
Answer: See answer to question 1
Question no. 8b: Confirmation is requested that a Vertical RTI having this structure is possible: Parent a Vigilance Institute (With license ex art. 134 TULPS) for armed security services, and MANDANT a trust company for concierge and NON-armed security services;
Answer: See answer to question 4
Question no. 8c: – Confirmation is requested that services called “Unarmed Vigilance” are among the services that can be performed by personae Fiduciario NON GPG;
Question no. 8c: It is confirmed
Question no. 8d: What can the Supplementary Proposal under item E of the Technical Bid consist of?
Response: Any improvement proposals not mentioned in the bidding documents.
Question no. 9b: What requirements must the principal have in such a case?
Answer: those declined in the tender specifications.
Question no. 10: In view of the fact that this contracting station has clarified that concierge and unarmed guarding constitute the main activity of the contract, please confirm that armed guarding-not a prevalent activity-is to be carried out by the principal (not the agent, as in the typo in the amended response), who must possess a prefectural license issued under Article 134 of the Consolidated Law on Public Security.
Response: In addition to the above clarification (question No. 4), in order to dispel any further doubts, it is clarified that, the certification under Art. 134 must be possessed by all grouping/grouping operators (principals and/or agents) deputies to carry out activities for which the Consolidated Safety Act requires its possession.
Question No. 11b: Finally, it is noted that the notice does not contain the “social clause” in violation of the provisions of Article 50 of Legislative Decree 50/2016 as amended. In fact since this is a labor-intensive contract, it is an obligation for the contracting station to indicate in the tender procedures, specific social clauses aimed at promoting the employment stability of the staff employed, providing for the application by the successful bidder, of the industry collective agreements. Therefore together with the social clause, your contracting station is required to publish lists of the personnel employed in the contract in the last 6 months, indicating the CCNL applied, the levels and RALs, as well as any other useful element to determine the cost of labor.
Response: With reference to this question, ANAC, recalling relevant case law, emphasized the need for:
– The clauses should be clearly highlighted in the lex specialis in order to enable the competing company to predefine the technical and economic conditions for participation;
– The obligation to reabsorb outgoing staff operates only against contracts that are compatible in terms of subject matter and scope of performance;
– The successor company does not have an unconditional obligation to hire the employees of the outgoing company, but this obligation must be harmonized with the performance levels of the new contract and the business organization chosen by the new contractor;
– Compliance with social clauses is relevant to contract performance, and its fulfillment is placed on the successor company as a significant performance obligation.
In the present case, this Contracting Authority has made no such provision. Absent is in fact such a clause in the notice.
The choice made is correct because of the incompatibility, in terms of performance extent, of the original contract with the one under discussion, and from the organizational point of view the service must be completely rethought.
Question no. 11c: It is noted that the unit auction base quoted for concierge services is inadequate, as operators are currently employed who come from a previous contract change and who, under the previous CCNL, cost significantly more than the hourly rate set as the auction base.
Response: It should be noted that the IDIS Foundation-Città della Scienza, regardless of the outcome of the current bidding process, at the end of the services rendered by the current supplier, will hire the operators in question, former employees of the IDIS Foundation-Città della Scienza – in the number of three full time at 40 h per week – from the previous bidding process and contracted at a cost higher than the current hourly rate set out in the tender, currently engaged, by the current supplier of the security and concierge service, under the current contract, at Città della Scienza.
Question no. 12: We are hereby requesting clarification regarding the “Provisional Guarantee” referred to in Article 9 of the Tender Specifications. Specifically, among the possible modes of presentation is the “computer document signed with digital signature by the person in possession of the necessary powers to bind the guarantor.” In this case, is it possible to submit the deposit on a computer medium (cd-rom, pen drive) included in envelope A-Administrative Documents?
Answer: Yes, respecting the directions of the above-mentioned article
Question no. 13: We ask if there are any staff to be absorbed by the outgoing security firm and if so, the contract levels and any seniority steps.
Answer: See answer question 1
Question no. 14: It is noted that the unit auction base quoted for concierge services is inadequate, as operators are currently employed who come from a previous change of contract and who, by virtue of the previous CCNL, cost significantly more than the hourly rate set as the auction base.
Response: It should be noted that the IDIS Foundation-Città della Scienza, regardless of the outcome of the current bidding process, at the end of the services rendered by the current supplier, will hire the operators in question, former employees of the IDIS Foundation-Città della Scienza – in the number of three full time at 40 h per week – from the previous bidding process and contracted at a cost higher than the current hourly rate set out in the tender, currently engaged, by the current supplier of the security and concierge service, under the current contract, at Città della Scienza.
Question no. 15: With reference to the requirement to possess a RCT policy, please confirm that the same must be presented by the successful bidder, as indicated by paragraph 23 of the Tender Specification, and not at the tender; the doubt arises from the fact that in paragraph 6 (Special Requirements and Means of Proof) point 6.4 – containing specific indications for multi-subjective bidders – the policy is mentioned as a requirement.
Answer:
The Policy is to be submitted by the contractor and not in the tender.
Question no. 15: With reference to the requirement to possess a RCT policy, please confirm that the same must be presented by the successful bidder, as indicated by paragraph 23 of the Tender Specification, and not at the tender; the doubt arises from the fact that in paragraph 6 (Special Requirements and Means of Proof) point 6.4 – containing specific indications for multi-subjective bidders – the policy is mentioned as a requirement.
Answer:
The Policy is to be submitted by the contractor and not in the tender.
Question no. 16: Question 16a 1. Regarding the contents of Envelope B – Technical Bid, please confirm that the documents to be submitted (technical report, equipment and software list, supplementary proposals) are 3 separate documents. If yes, please confirm that document b (equipment and software list) and document c (improvement proposals) are not subject to technical scoring.
Answer:
“The documents referred to in Envelope B – Technical Bid are 3, are distinct and are:
a) technical report of the services/supplies offered;
b) complete list of equipment and software that the bidder undertakes to use;
c) supplementary proposals (optional).
Scores are provided for the technical report (up to 67 points) and for the supplementary proposals (optional and up to 3 points), as reflected in paragraph 15 of the specifications.”
Question no. 16a: Question 16a 1. Regarding the contents of Envelope B – Technical Bid, please confirm that the documents to be submitted (technical report, equipment and software list, supplementary proposals) are 3 separate documents. If yes, please confirm that document b (equipment and software list) and document c (improvement proposals) are not subject to technical scoring.
Answer:
“The documents referred to in Envelope B – Technical Bid are 3, are distinct and are:
a) technical report of the services/supplies offered;
b) complete list of equipment and software that the bidder undertakes to use;
c) supplementary proposals (optional).
Scores are provided for the technical report (up to 67 points) and for the supplementary proposals (optional and up to 3 points), as reflected in paragraph 15 of the specifications.”
Question no. 16b: We ask for confirmation that document c (Improvement Proposals) refers to the possible supplementary and improvement proposal of the intrusion detection and access control system required in point 1.2 of the Tender Specifications (pg.3). If not, we ask what it refers to and how it differs from point E of the evaluation criteria for the Technical Bid (pg.23 of the Specifications).
Answer:
The description of the anti-intrusion system is within the technical report, which we specify must comply with the paragraphs defined by the technical offer evaluation criteria found in the table “Criteria Sub Criteria and Maximum Sub Scores” up to point D. Point E provides for the drafting of the document c)supplementary proposals (optional) which as stated in FAQ No. 8 D refers to any improvement proposals not mentioned in the tender documents.
Question no. 17 b If so, does criterion E) “Supplementary Proposal” (maximum score attributable 3 p.p.), have a maximum page limit to adhere to?
Answer:
NO, but from Article 15 Content Envelope B, we get a call for restraint.
Question no. 17 c Also confirm that in document b) “Complete list of equipment and software that the bidder undertakes to use” (p. 22 of the Tender Specifications), should the equipment (video surveillance system, any additional equipment and software) included and described in pars D and E on p. 23 of the Tender Specifications be listed? If not, what equipment and software should be listed and how will the different equipment and software indicated by the participants be evaluated? Does this document (b) have to be contained in a specific page limit?
Answer:
in document b) “Comprehensive list of equipment and software that the bidder undertakes to use” you must list and describe the equipment and software that the firm provides and/or possesses for the performance of the service. No scoring is envisaged and the list must be drawn up in a limited number of pages, as can be seen in Article 15 Envelope contents b.
It is also specified that the Technical Solution proposed for the evolution of the video surveillance system currently in place at the contracting station (and quoted in the tender for € 18,040.00 ) must be included in the technical report under D.
Question 18: With reference to the procedure in question, we are hereby requesting confirmation that, in case of RTI, the possession of: the UNI 10897:2000 “SERVICES – PRIVATE SECURITY INSTITUTIONS” certification; the Prefectural License ex art. 134 T.U.L.P.S. must be possessed only by the companies (principals or agent) that will provide the Armed Security Services.
Answer:
For both requirements to be met, see the answer to FAQ no. 10