Città della Scienza

F.A.Q.

Question No. 1

About the economic requirement:

It is equally satisfied if the average annual turnover for the fiscal years 2017-2019 is €1,832,026.96?

Answer

No. The minimum annual turnover must be €2,150,000.00, for each of the last three available fiscal years . SeeNotice 1

The use of outsourcing is possible.

Question No. 2

It is asked whether the special waste disposal activity can be subcontracted;

Answer

Yes

 

Question No. 3

It is requested to estimate, if possible, the amount of special waste to be disposed of, divided by EWC, and the number of pickups to be made (also based on previous years) divided by EWC;

Answer

Fondazione IDIS is unable to provide precise data on the question, we can give some indication as to the number of withdrawals made in previous years:

CER 80318 : Number of pickups from a minimum of 3 to a maximum of 4 per year

CER 150202 : Number of pickups from a minimum of 1 to a maximum of 2 times per month, for a number of pickup points of 29

CER 160213: Number of withdrawals 1 per year

CER 160214/5/6: Number of pickups minimum 1 to maximum 3 per year

 

Question No. 4

It is asked whether the 3rd Level Coordinator – Caporali Mario – is affected by the procedures of contract change and social clause, as he is a high professional figure and, therefore, referable to the organizational and managerial sphere of the economic operator currently managing the service.

Answer

Yes

 

Question No. 5

It is asked whether there are any limitations and/or specific drafting rules for the Technical Report, such as a page limit, font, size, margins, line spacing, etc.

Answer

Only in number of pages, from specification art. 16

 

Question No. 6

The number of Foundation users is requested, in order to have an estimate of the consumption of the sanitation material to be provided

Answer

The average number of employees and people who are within the facility for work activities in the year is 100

In addition, an average of 20 events are held each year in the Convention Space and Science Center, ranging from 20 to 700 participants, but there have been events as large as 2,500 people per day

The public who, during the period visited the Corporea Museum is shown in the table below:

jo

 

Question No. 7

The estimated cost of labor is requested.

Answer

It is stated in the Special Descriptive and Performance Specifications, Article 4.

 

Question No. 8

With reference to the procedure in question, and, specifically, to the requirement set forth in paragraph 7.1 letter a) of the Tender Specifications, “… belonging to at least the “E” classification band, referred to in art. 3 of the aforementioned decree “, we ask for confirmation that, in case of participation of a consortium referred to in art.45, co.2, lett. b) of the Code, pursuant to art.47 of the said Code since it is a requirement of an economic-financial nature, it is exclusively the consortium that must possess it, and that the consortium members performing the cleaning service must instead be registered with DM no. 274/97 .

Answer

The Specification states in paragraph 7.5: “It must be possessed by the consortium or all the consortia performing the cleaning service.These consortia must possess registration in qualification brackets such that the sum of the individual classification amounts is equal to or greater than the amount of the classification bracket referred to in the paragraph.”

 

Question 9.

Details of the weekly hours of employees referring to the social clause are requested

Answer

The Data provided, indicate a contractual weekly amount of hours detailed below as follows

  1. Caporali Mario, Coordinator 3°liv. – No. hours 40
  2. Sollo Vincenzo, Cleaner worker 3rd level – No. hours 40
  3. Mary Eater, Cleaner worker 2nd level – No. hours 20
  4. Minopoli Maria, Cleaner Worker 2nd Level – No. hours 20
  5. Guardascione Carlo, Cleaner worker 2nd level – No. hours 20
  6. Guidotti Valerio, Cleaner Worker 2nd Level – No. hours 20
  7. Elisa Factor, Cleaner worker 2nd level – No. hours 27
  8. Troy John, Cleaner worker 2nd level – No. hours 35
  9. Fortune Arena, Cleaner Worker 2nd Level – No. Hours 27
  10. De Pascale Alessia, Cleaner Worker 2nd Level – No. hours 20
  11. Ruffo Francesco, Cleaner Worker 2nd Level – No. Hours 27
  12. Minopoli Rosa, Cleaner worker 2nd level – No. hours 20

 

Question no. 10

In the tender notice it is stated as the amount of Lot II € 200,850.00 FOR THE 36 MONTHS while IN THE DISCIPLINARY € 97,500.00.

Answer

The notice states the amount for the total 36 months of security charges beyond the 36 months of possible renewal, the amount stated in the specification is for the first three years net of security charges.

 

Question no. 11

premised that our global turnover is identical to the specific turnover as we operate only in the field of green maintenance, having us a SOA OS 24 class. III and a turnover of € 651,809.00 for the year 2017 – € 500,800.00 for the year 2018 and only € 170,000 for the year 2019 we ask you if we can still participate in the tender for lot 2 considering also that the average turnover of the last three years amounts to € 440,869.00

Answer

 

The specifications state the minimum annual amount and not the average, so the minimum annual amount remains €200,000.00 for each fiscal year.

See thenotice 1

The use of outsourcing is possible.

 

Question no. 12

Regarding paragraph 9 – Subcontracting of the Tender Specifications, it is noted that the Milleproroghe Decree (Decree-Law 183/2020) has extended until Dec. 31, 2021 the suspension of the obligation to indicate the trio of subcontractors. It is therefore requested, in application of this rule, to be allowed to indicate only the option to use the institution of subcontracting without the obligation to indicate the subcontractors and produce the relevant documentation.

Answer

Only the indication of the faculty to the use of subcontracting is correct, given the decree in question.

Question no. 13

With reference to the scoring of the economic offer, we ask what discount will be considered for the purpose of applying the formula given on page 30 of the Tender Specification, considering that in the Economic Offer Form (Annex 7) the following must be indicated 3 different rebates (amount per body – average hourly cost for extraordinary activity on demand – price list Annex E).

Answer

Is taken into account the discount on only theamount in the body placed on the basis of the tender, the obligation remains to the indication of the other rebates.

 


Question no. 14
With reference to Art. 16 of the specification, we are requesting confirmation that document “c) Supplementary proposals (optional)” corresponds to Criterion “5. Additional services not provided in the tender documents,” max score 10 of document “a) Technical report of services/supplies offered,” or if there is any other interpretation.

Answer
The interpretation is correct

Question no. 15
It is asked whether in paragraph 16 of the Tender Specification the maximum 30 pages indicated is meant as 30 front and back pages (60 sides) or 30 individual sides

Answer
30 individual sides

Question no. 16
Clarification is requested regarding the permanent garrisons described in ART. 22 of the Special Specifications. They are asked to specify whether the two additional units to be provided during the busiest periods (November, December, March, April, May) are intended as totals for the entire facility (1 unit permanent garrison civic 57 + 1 unit permanent garrison civic 104 + 2 additional units = TOTAL 4 UNITS IN PERIODS OF GREATER AFFLUENCE) or as units to be provided for both civic buildings (1 unit permanent garrison civic 57 + 2 additional units civic 57 + 1 unit permanent garrison civic 104 + 2 additional units civic 104 = TOTAL 6 UNITS IN PERIODS OF GREATER AFFLUENCE)

Response
2 additional units for the entire facility

Question no. 17
Confirmation is requested for the purpose of fulfilling the requirement in paragraph 7.2 letter d) of the Tender Specifications (Minimum annual specific turnover in the sector of activity covered by the contract referring to each of the last no. 3 available financial years of € 1,200,000) that “sector of activity covered by the contract” means “cleaning services.”

Response
Since item 7.2 letter d , specific to Lot 1, everything described, also in the Subject Table, for Lot 1 – See alsoNotice 1 for proposed corrections

 

Question no. 18

For the purpose of scoring the economic bid, we ask how the formula given on page 30 “Quadratic Formula” takes into account the three discount items (percentage markdown on the tender base amount, percentage markdown on the assumed average hourly cost for on-demand extraordinary activities, percentage markdown on the price list in Annex E) and what weights are given to each markdown, e.g., single percentage markdown on the tender base amount 15 points, percentage markdown cost per hour 10 points.

Answer

See answer question no. 13

 

Question no. 19

With regard to Article 4 of the Special Descriptive and Pre-performance Specifications, under the heading “Estimated contract amount and subdivision into lots, it states:

“(…)

Pursuant to Article 23, Paragraph 16 of the Code, the amount tendered includes labor costs estimated by the contracting Client at €902,700.00 calculated taking into account the type of surfaces, frequency of interventions, productivity, estimated number of hours, and the average hourly cost established in the “Multiservice” Contract for the various qualifications necessary to ensure the perfect execution of the required services, including the presence of a Service Manager for each work shift.

(…)”

Your Honorable Contracting Authority is requested to specify the breakdown of labor costs for each lot.

Answer

As can be seen from the details of the assumed minimum hourly commitment given in Article 6 of the Special Descriptive and Performance Specifications, the estimated labor costs for each lot are broken down as follows:

Lot 1 – 851,700

Lot 2 – 51,000

 

Question no. 20

In par. 23. AWARDING OF THE CONTRACT AND STIPULATION OF THE CONTRACT of the Tender Specifications, the presumed costs of publication pursuant to Article 216, paragraph 11 of the Code and Ministerial Decree December 2, 2016 (OJ 25.1.2017 No. 20), quantified at e 3,000.00, are shown.

Please clarify whether these pertain to the entire call for bids and, therefore, in the event of awarding one of the 2 lots, are allocated proportionally, € 1,500.00 per lot, or should they be understood as total for each lot (Lot 1 € 3,000.00 – Lot 2 and 3,000.00)

Answer

If the award were to be split, an estimated expense of 1,500 per lot was estimated. We reiterate that the amount is presumptive.

 

Question no. 21

With regard to the permanent “garrison” described in Article 22 of the “Special Descriptive and Performance Specifications,” it is asked whether the garrison should be guaranteed at each individual building of the relevant civic.

By way of example, house number 104 includes 5 buildings (A1,B,C1,C2,C3,C4) is it correct to say that presidio activity should be carried out on each of these or is it possible to carry it out on only one?

Also, considering that in Article 6 of the Special Descriptive and Pre-performance Specifications the minimum mandatory hourly commitment to perform the services under the contract, for the assumed period of 36 months, is a total of 53,100, i wonder if the hours to be devoted to the garrison are included in the 15,000 hours/year devoted to routine cleaning.

Answer

Garrison should be provided over the entire area of each civic.

Hours devoted to garrisoning are included in the 15,000 hours/year

 

Question no. 22

Your Honorable Contracting Authority is requested to provide Annex D – staff employed social clause of the outgoing company supplemented with the weekly hours broken down by level.

Answer

See answer question 9

 

Question no. 23

With regard to the technical report described in Paragraph 16 of the “Tender Specification,” please clarify whether the maximum number of 30 pages is to be understood as front to back, thus 60 sides, or 1 page corresponds to 1 side, and thus the 30 pages is to be understood as 30 sides.

Answer

See answer question no. 15

 

Question no. 24

Regarding the scoring of the technical bid described in Paragraph 16 of the “Tender Specifications,” please clarify what certifications are required in Paragraph 6 “Possession of quality certifications” of the above paragraph.

Answer

Other inherent certifications held, beyond the mandatory ones detailed in par 7 and subsections.

 

Question no. 25

With reference to this procedure, confirmation is requested that the supplementary proposals requested in item (c) paragraph 16 of the specification should not be part of the technical report and therefore will not be counted in the 30 pages required for the technical report.

It is also asked whether the hours of permanent garrison described in Art. 22 of the special specifications are already included in the amount of hours indicated in Art. 6(a) of the specifications.

Answer

Additional proposals may be considered in addition to the pages of the technical report.

Hours devoted to garrisoning are included in the 15,000 hours/year

 

Question no. 26

hereby with reference to the tender in question asks for clarification on whether it is possible to make use of the “E” classification band of another company, with regard to outsourcing.

Answer

it is possible to make use of outsourcing with regard to the entry requirement in the required classification band.

 

Question no. 27

Please confirm the amount of security charges not subject to rebate for lot 2, as in art 3 of the tender specifications they are quantified as € 2,295 while in art 4 of the special specifications they are quantified as € 2,925.00

Answer

The amount given for the single lot 2 of 2,295 € is incorrect in the specifications, while the total amount of the 2 lots shows the correct value of 19,045.80 in the sum. The amount given in Article 4 of the Special Specifications of €2,925 is correct, for lot 2 .

 

Question no. 28

Please confirm that the mandatory indication of the third set of subcontractors required in Article 9 of the tender specifications, as well as the submission of related documentation, is a typo, as with the amendments made to the Code by Decree-Law No. 183 of 2020 this indication is suspended until 12/31/21

Answer

See answer question no. 12

 

Question no. 29

in reference to the tender in question wishing our company to participate in Lot II we inquire whether the evaluation grid and criteria of the technical offer are the same for both lots as there are items not relevant to the green maintenance activity. In addition, in the economic offer form a discount is requested on the price list in Annex E we assume that this too is not relevant to green maintenance as well as the social clause since none of the staff currently on the force is a gardener.

therefore in order to draft a clear technical bid, we request the republication of the evaluation grid, criteria, and the score given to each criterion for companies that intend to participate only in Lot II and the new economic bid form.

Answer

The evaluation criteria are consistent with the activities in Lot 2

The economic bid form is prepared for each of the lots, the one for Lot 2 does not include this item

 

Question no. 30

with reference to item 7.3 TECHNICAL AND PROFESSIONAL CAPACITY REQUIREMENTS – f) Performance in the last three years of the following similar services :

The competitor must have performed in the last three years:

– For Lot 1 – similar services in the cleaning sector for a minimum total amount of € 1,200,000.00(one million two hundred thousand/00) excluding VAT;

–For Lot 2 – similar services in the field of green maintenance for a minimum total amount of € 100,000.00(one hundred thousand/00) excluding VAT

Confirmation is requested that the three-year period covered is 2017-2018-2019.

Answer

Yes. See also Notice 1 for proposed corrections

Question no. 31

The Special Specifications Article 4 page 6 states the following breakdown:

– €985,260.00, including security costs not subject to rebate, for ordinary services on an hourly basis with fee-based consideration;

– €44,715.83, including safety costs not subject to rebate, for extraordinary services on an hourly basis with a measured fee;

– € 60,000.00, including security costs not subject to rebate, for services with a measured fee.

Article 6 of the Specifications lists the minimum hours provided for activities under Section II, III and IV .

Specifically required are:

– 15,000 hours per year for routine cleaning service ;

– 700 hours per year for additional routine environmental hygiene activities;

– 3,000 hours for on-demand overtime services to be provided during the term of the contract.

Confirmation is requested that:

– the amount of €985,260.00 placed on the tender basis serves to remunerate the hours required for ordinary services such as 15,000.00+700.00 per year?

– the amount of €44,715.83 placed on the basis of the tender serves to remunerate the 3,000 hours required for overtime services?

– the amount of €60,000.00 placed on the basis of the tender is to remunerate services with a measured fee such as waste delivery and disposal activities?

Answer

The breakdown of amounts is better understood when considering the hours required also with reference to the sections described, as stated in Article 6 of the Specifications.

Therefore:

– the amount of €985,260.00 placed on the basis of the tender is to remunerate the 15,000 + 700 hours required for the ordinary services of Sections II, III and IV

– to the 3,000 hours for all sections, where they are requested, the ‘amount of € 44,715.83 placed on the basis of the tender for extraordinary requests for services on an hourly basis and the amount of € 60,000.00 placed on the basis of the tender for extraordinary services with a measured fee participate

 

 

Question no. 32

 

With reference to the economic and financial capacity requirements in point 7.2 letter d) of the specification, confirmation is requested that the three-year period to be considered is the three-year financial period 2017-2018-2019 (i.e. 01.01.2017 to 31.12.2019).

 

Answer

 

Yes. See also Notice 1 for proposed corrections

 

 

Question no. 33

 

Proof of the Economic, Financial and Technical and Professional Capacity Requirements must be provided at this stage of the bidding process by submitting Financial Statements and Service Certificates issued by the Principals or a substitute statement will suffice.

 

Answer

 

Proof shall be provided after award or if requested by the Contracting Authority.

 

When submitting a bid, a substitute statement is sufficient.

 

 

Question no. 34

 

For the above requirements, it is asked whether one contract that achieves the stipulated amounts for individual lots is sufficient.

 

Answer

 

Yes, within the respect of even time demands that the specification makes, also in view of the corrections that have occurred. See Notice 1

 

 

Question no. 35

 

In addition, we ask whether the second paragraph p.11 of the Tender Specification, stating “the requirement regarding insurance coverage must be met by the agent”, is a typo or clarify what requirement it is

 

Answer

 

It is a typo.

 

Question no. 36

 

Finally, since the submission of tender documents is paper-based, it is asked how the provisional guarantee, which may have been produced in digital format, can be properly transmitted to you.

 

Answer

 

With analog copy with compliance signature

 

Question no. 37

is hereby requested, in order to be able to formulate a congruous bid, to specify the number of daily hours worked by each worker; it is intended to ask whether they are full-time, part-time or on a specific schedule or whether they work Saturdays and Sundays.

 

Answer

 

For the question see the answer to question 9 and, for timing issues, the specifications, specifications and annex Intervention area surfaces

 

 

Question no. 38

 

With reference to what is stated in the tender specifications:

 

“The bidder shall indicate at the time of bidding the parts of the service it intends to subcontract or subcontract to the extent of 30% of the total contract amount, in accordance with the provisions of Article 105 of the Code; in the absence of such indications, subcontracting is prohibited. The bidder is obliged to indicate three subcontractors in the bid. The following do not constitute grounds for exclusion but entail, for the competitor, the prohibition of subcontracting: -the omission of the declaration of the three; -the indication of a number of subcontractors less than three; -the indication of a subcontractor who, at the same time, competes on his own in the tender.”

 

confirmation is requested regarding the percentage that can be subcontracted (Art. 105 stipulates a limit of 40%) and confirmation is requested that the trio of subcontractors should NOT be indicated, as required by Decree-Law No. 183 of 2020.

 

Answer

 

Limit to be extended to 40 percent following provision Court of Justice of the E.U., Fifth Chamber, Sept. 26, 2019, Case C-63/18

 

The non-indication of the backhoe is confirmed, as already answered in Question No. 12

 

 

Question no. 39

 

In addition to the question sent, we request confirmation that, again in the case of subcontracting, the following documentation required by the tender specifications should NOT be attached:

 

The bidder, for each subcontractor, shall attach:

 

1) DGUE, signed by the subcontractor, containing the information in Part II, Sections A and B, Part III, Sections A, C and D, and Part VI;

 

(2) supplementary declaration within the time limit specified in Section 15.3.1;

 

3) PASSOE of the subcontractor.

 

Answer

 

The following should not be attached

 

 

Question no. 40

 

  1. The specifications state the publication costs. What are the contractual expenses to be reimbursed instead?
  2. Are the minimum hours you indicated actually worked? thus including staff substitutions?
  3. For the purpose of complying with the social clause, we request, for each employee, the number of hours per week currently worked.
  4. Does the staffing annex refer only to cleaning activities or also to green maintenance?
  5. Does the 30-page limit provided for the technical report mean double-sided or 30-sided?
  6. What is meant by “Supplementary (optional) proposals? Are these additional improvements not subject to technical evaluation? In the case of inclusion, do they have to include financial coverage?
  7. Is the score for the amount of hours offered discretionary or is there a mathematical formula?
  8. The bidder must submit three different discounts. The specifications require the use of a mathematical formula for comparison but do not indicate the weight of each individual discount offered. As an example, how much out of 30 maximum points is the discount worth on the fee amount? And on the other values to be given? Or does applying the discounts on the different amounts lead to an overall amount and the formula given in the specification will be applied to that?
  9. Do you confirm that no activities are planned at the Science Center?
  10. Does the coordinator identified in the staff list correspond to the Technical Director or is it a different person?
  11. Can the Technical Director perform cleaning activities or only control, coordination, etc.?

 

 

Answer

 

  1. The amount of registration fees, in case it is so decided between the parties
  2. Yes
  3. See answer question 9
  4. Only for cleaning
  5. See answer question 15
  6. Supplementary proposals are additional improvement proposals and are subject to scoring; they are economically covered in the amount of the contract put out to tender.
  7. Discretionary
  8. See answer question 13
  9. If Science Center means the burned area, the cleanup activity is not planned, but other activities indicated in the sections of the Specifications are planned.
  10. Attaches to the contractor’s decision
  11. The activities of the Technical Director, in addition to those stipulated in the Specifications, are the responsibility of the contractor

 

 

Question no. 41

 

With reference to the open procedure – LOT 1 – Cleaning service, we hereby request the correctness of our interpretation:

 

– Does the fee tender base of 970,700.00 + security charges refer to the fee activities of 15,000.00 annual hours of cleaning and 700.00 annual hours of deratization, etc. and waste disposal?

 

– Does the measured tender base of 44,055.00 + security charges refer to the total 3,000 hours for extraordinary, exceptional cleaning and waste disposal activities? If so, multiplying the minimum hours required (3,000) by the hourly cost on the tender basis (21.00) would result in a tender basis that is not capacious for all the hours required (3,000.00 x 21.00 = 63,000.00)!

 

– Does the measured tender base of 59,100.00 + safety charges refer to unit prices for waste disposal?

 

 

Answer

 

See answer question no. 31

 

Question no. 42

Confirmation is requested that the amount of the provisional guarantee is €23,427.10

Answer

No, the amount is € 23,808.02 , because the 2% on the contract basis must include safety charges not subject to rebate

For art. 35

DELIBERATION NO. 772, Sept. 4, 2019

SUBJECT: Single request for pre-litigation opinion pursuant to Article 211, paragraph 1, of Legislative Decree no. 50/2016 submitted by the company S.A.C.S. S.r.l. – Open procedure for the conclusion with a single economic operator of a framework agreement for the performance of the service of conduction, management, maintenance and supervision of the thermal, air conditioning and air treatment plants of the campus and external premises – Tender amount: euro 19,000,000.00 – S.A.: Università degli Studi di Roma La Sapienza.

PREC 122/19/S

The Council

HAVING REGARD to the request for an opinion, acquired at prot. no. 52713 of June 28, 2019, in which the company S.A.C.S. S.r.l. contested the exclusion from the procedure in question ordered by the contracting station due to the lack of possession of the insurance policy against professional risks, as per art. 7.2 lett. c) of the tender specifications, on the date of the deadline for submission of bids;

HAVING REGARD to the memorandum submitted by the petitioner (attached to the computerized pre-litigation opinion form) in which it is set out that, when participating in the tender, S.A.C.S. had declared possession of insurance coverage against professional risks, enclosing a copy of policy no. 402801709 issued by AXA Assicurazioni S.p.A. on June 30, 2018 for third-party liability with a maximum amount of € 10,000,000.00 and for third-party liability to employees with a maximum amount of € 8,000,000.00. This guarantee – according to the applicant – constituted an “adequate level of insurance coverage” in accordance with Article 83, paragraph 4, letter c) as well as the Tender Law; moreover, during the preliminary relief, the company would have further proven its economic solidity, presenting the guarantee for professional liability, issued on 20/12/2018 by the company Lloy’d, with a ceiling of € 7,500,000.00. That being said, S.A.C.S. formulated a series of questions to the Authority, which can be summarized as follows: 1) whether, in light of the principle of the peremptory nature of the causes of exclusion, the clause in the specifications that requires the activation of a professional policy, as a requirement for participation, is null and void; 2) whether, pursuant to art. 83, paragraph 4, of the Code, is exclusion legitimate where, at the stage of participation in the tender, a bidder has demonstrated that it has “an adequate level of insurance coverage,” although during the preliminary aid procedure it produced a professional policy issued after the deadline of the bids, bearing the related costs; 3) is the exclusion measure adopted six months after the activation of the preliminary aid procedure and after having requested the extension of the terms of validity of the guarantees produced in the meantime legitimate;

HAVING REGARD to the initiation of the investigation carried out on July 19, 2019;

HAVING REGARD TO the documentation on file and the briefs produced by the contracting station (acquired under prot. no. 59683 of 23/07/19) and by the requesting economic operator (acquired under prot. no. 59928 of 24/07/19);

HAVING REGARD to Art. 7.2. lett. c) of the specifications, which requires, as a requirement of economic and financial capacity, the possession of insurance coverage against professional risks for a ceiling of not less than five times the annual amount on the basis of the tender referred to the service, thus not less than € 6,000,000.00, as well as clarification no. 12 (published on the contracting authority’s profile on 8/11/2018) in which the contracting authority clarified that “professional risk is a different insurance coverage from RCT/RCO coverage, as the professional liability policy refers to property damage to third parties originated by professional error, while the civil liability policy (RCT/RCO) excludes professional liability damages.”

CONSIDERED that Article 83, paragraph 4, of Legislative Decree No. 50/2016 (introducing an element of novelty compared to Article 41 of Legislative Decree No. 163/2006) attributes to the discretionary power of the contracting stations, the faculty to require in service and supply contracts, as requirements of economic and financial capacity, “c) an adequate level of insurance coverage against professional risks.” This option is also provided for in the Standard Notice No. 1/2017 (on above-threshold service and supply contracts, approved by the Authority’s Resolution No. 1228 of November 22, 2017), in point 7.2 letter f);

CONSIDERED that the company’s grievance regarding the nullity of the clause of the lex specialis on the grounds of conflict with the principle of the exhaustiveness of the grounds for exclusion, as set forth in Article 83, paragraph 8, of Legislative Decree no. 50/2016. The declaration of nullity refers to clauses of the notice that impose formal fulfillments or requirements or conditions of participation in addition to those provided for by law, but does not concern prescriptions that pertain to the requirements of economic-financial and technical capacity, especially if (as in the case at hand) they are in compliance with the normative reference dictate (see ex multis Authority Determination No. 4 of October 10, 2012; Authority Resolution No. 51 of September 30, 2014; Cons. Stato, sez. III, July 1, 2015, no. 3275). Jurisprudence, moreover, has always recognized an appreciable margin of discretion to the contracting station in requiring such requirements, even if more stringent than those legislatively provided for, with respect to proportionality and reasonableness and within the limit of continence and non extraneousness with respect to the object of the tender(ex plurimis: Cons. Stato, sez. V, Dec. 27, 2018, no. 7268; Id, sec. V, Jan. 4, 2017, no. 9; Cons. Stato, V, Sept. 8, 2008, no. 3083; VI, July 23, 2008, no. 3655);

CONSIDERED that, in the present case, the disputed requirement does not appear to be either manifestly disproportionate and/or illogical with respect to the subject of the tender, or contrary to the provision of Article 83 of Legislative Decree no. 50/2016. As argued by the contracting station in its memorandum, the Administration deemed it necessary to require insurance coverage against professional risks (as an additional economic and financial capacity requirement to the specific average annual turnover), due to the significant amount of the framework agreement, the breadth of the services included in the services and maintenance works to be carried out, and the specialization required for the execution of the contracts implementing the framework agreement (see TAR Lazio, Rome, sect. III-quater, May 29, 2018, no. 6027);

CONSIDERED, moreover, that it is clear from the combined provisions of Article 83, paragraph 4, letter c) of the Code, Article 7.2 letter c) of the tender specifications and clarification no. 12 rendered by the contracting station, it clearly emerges that the possession of an insurance policy against professional risks was required as a requisite for participation in the tender; therefore, as pacifically recognized by case law and the Authority, said requisite had to subsist on the date of the deadline of the offers (15/11/2018) and be maintained even thereafter, until the award and the date of stipulation of the contract, as well as for the entire period of its execution (Cons. Stato, sez. III, July 21, 2017 no. 3614; Id, sec. V, Feb. 23, 2017 no. 852; Cons. Stato, Ad. Plen. no. 8, July 20, 2015; ANAC Resolution no. 337, April 10, 2019; ANAC Resolution no. 893, October 17, 2018);

NOTED that, from the documentation in the record, it appears that: i) the RUP (in the tender session of 4/12/2018) – having found that S.A.C.S. in the tender stated that it possessed insurance coverage against professional risks, attaching, as proof, a copy of the “RCTO Policy” – deemed it necessary to proceed to the analysis of the clauses of the aforementioned policy, in order to ascertain whether it included insurance coverage against professional risks; ii) in the tender session of 12/12/2018, the RUP “as a result of a thorough examination of the aforementioned clauses, deemed the policy produced not suitable to prove possession of the requirement prescribed in the aforementioned point 7.2 lett. c) of the tender specifications” (an assessment not contested by today’s applicant company) and requested the operator to provide clarifications regarding the requirement de quo, assigning a deadline of seven days; iii) the company, during the preliminary relief, produced a new professional indemnity policy, taken out on 20/12/2018 with a limit of 7.500,000.00 having effect from midnight on December 20, 2018, therefore, on a date later than November 15, 2018, the deadline for submission of bids; therefore, at the meeting of 23/05/2019, the RUP proceeded to exclude the company;

CONSIDERED that the exclusion ordered by the contracting station appears to be in compliance with the sector regulations, since the professional policy, produced during the preliminary relief, appears by tabulas to have been issued after the deadline for the bids and that, on the other hand, today’s applicant company has not demonstrated (either in the tender phase or in the present proceedings) that it had insurance coverage against professional risks on the date of the deadline for the formulation of bids, having not even proved that the RTCTO policy issued by AXA (included within the administrative documentation) was suitable to compensate for damages resulting from professional errors;

WHEREAS, in a case similar to the present one, the Authority clarified that the professional policy “being a requirement for the purpose of admission to the tender – a requirement of an economic nature as an alternative to the classic turnover requirement – and not a requirement for the performance of the service, any substantial change in the documentation certifying its possession after the deadline for submission of bids cannot be considered admissible because it is in violation of the principle of par condicio competitorum, placed to guarantee the regularity of the competitive procedure, in the interest of both the public administration and the participants” (cf. Resolution No. 419 of May 15, 2019). It constitutes, in fact, a general principle that the investigatory aid can in no case be used to acquire a requirement not possessed by the operator at the time set by the tender lex specialis as a peremptory deadline for the submission of the offer or application (Authority Determination No. 1 of January 8, 2015);

WHEREAS, moreover, the judgment of the Brescia Regional Administrative Court no. 282/2017, cited by the applicant in support of the alleged illegitimacy of the exclusion from the tender, appears to be irrelevant to the case at hand, since, in the case examined by the aforementioned Brescia TAR, the applicant company, when submitting its bid, had submitted a professional indemnity policy with a lower limit of liability than that required by the tender law, but had given evidence that it had already agreed with the insurance agency to adjust the limit of liability in the event of award on the basis of a simple request with immediate effect. In the case at hand, on the other hand, today’s applicant company, when submitting its bid, attached a RCT policy different from the one required by the Administration and not suitable to include damages arising from the exercise of professional activity, therefore – contrary to the findings of the Brescia Regional Administrative Court in the above-mentioned case – in this case there was no certainty of the existence of the insurance coverage required by the tender;

CONSIDERED, finally, that the last grievance raised by the applicant company, regarding the passage of a long lapse of time between the date of acknowledgement of the request for preliminary relief and the date of adoption of the measure of exclusion from the tender, does not merit acceptance either. In this respect, it is worth noting that Article 83, paragraph 9, of Legislative Decree no. 50/2016, while providing a peremptory deadline for the integration of documents to be borne by competitors (functional to acquire the completeness of statements and documentation, for the purpose of assessing the admissibility of the application), does not prescribe a similar deadline for contracting stations, within which to conclude the preliminary relief procedure, with the adoption of the measure containing the admissions and/or exclusions from the procedure. On the other hand, it should be considered that any deficiency in the participation requirements can still be ascertained at any time by the Administration, even after the possible conclusion of the preliminary relief procedure and even at the stage of awarding and entering into the contract;

CONSIDERED, lastly, that it is necessary to specify that, pursuant to Article 80, paragraph 12, of the Code, following the exclusion measure adopted, the contracting station will have to transmit to the Authority the report against today’s applicant company, since, on the date of submission of the declaration in lieu of participation requirements, the company did not have insurance coverage against professional risks, therefore the declaration made by the latter’s legal representative (on 12/11/2018) integrates an untrue declaration;

The Council

Considers, for the foregoing reasons, the actions of the contracting station to be in compliance with industry regulations.

Raphael Cantone

For Art. 39

Rome, January 4, 2021 – Published in the Official Gazette of December 31, 2020, the so-called annual Milleproroghe Decree: DL 183-20 extension of terms 2021

Article 13 (Extensions of terms in the field of Infrastructure and Transportation) provides for extensions of the terms of validity of some rules in the field of public procurement and specifically related to:

  1. Price advance provided for in Article 35, Paragraph 18 of Legislative Decree April 18, 2016, no. 50. It may be, throughout 2021, increased up to 30 percent as stipulated in Article 207, Paragraph 1, Decree Law No. 34/2020;
  2. Implementing entities: start of procedures with funding limited to design also for 2021 (Art. 1, Paragraph 4, Decree Law No. 32/2019 converted into Law No. 55/2019);
  3. Ordinary and extraordinary maintenance: for 2021, for contracts for ordinary and extraordinary maintenance works, the execution of works may be regardless of whether the executive project has been prepared and approved (Art. 1, Paragraph 6, Decree Law No. 32/2019 converted into Law No. 55/2019).
  4. Subcontracting: also for 2021 (although only until June 30), subcontracting is indicated by contracting stations in the contract notice and cannot exceed 40 percent of the total amount of the contract for works, services or supplies. In addition, until December 31, 2021, the application of paragraph 6 of Article 105(obligation to indicate third set of subcontractors) and the third sentence of paragraph 2 of Article 174(obligation to indicate third set of subcontractors in concessions) is suspended, as well as’ the verifications during the tender, referred to in Article 80, always referring to the subcontractor.

Question 43

1. Further to your reply to question No. 19 regarding the indication
of the labor cost estimate for each lot which is broken down as follows:

Lot 1 – 851,700
Lot 2 – 51,000

it is specifically requested that you would like to indicate the number of units performing the tasks for Lot 2 with corresponding weekly and/or monthly hours

2. …you ask given the list published in question no. 9 where there is no distinction by lot you ask if possibly lot 1 is awarded to company x and lot 2 is awarded to company z how would the division of personnel stated in clarification no. 9.

Answers

1. Currently no units
2. The units listed in Annex D and the subject of question 9, are employed for activities related to Lot 1.

Question 44

…the same percentage reduction should be offered for items 1, 2 and 3 in the economic bid template;
2. Lot 1: whether the minimum number of hours to be complied with should also include any 3,000 hours allocated to on-demand extraordinary services; if so, please confirm that the annual number of hours to be indicated in the economic offer template must not be less than 16,700 hours per year for Lot 1 (15,000 ordinary cleaning service + 700 environmental hygiene activities + 1,000 for on-demand extraordinary services.
3. Whether the award of both Lots to one bidder is possible;
4. The division of the 12 staff between Lot 1 and Lot 2;
5. Whether the Level 3 Coordinator performs only management and coordination activities or also cleaning activities.

Answers

1. No, however see the answer to Question No. 13
2. No
3. Yes
4. The 12 employees perform similar activities to those required only in Lot 1
5. Currently performs only management and coordination activities

Question 45

With reference to the clarifications formulated, taking into account the fact that the tender itself has to be sent in hard copy and taking into account the possible inconveniences related to the Coronavirus emergency (couriers are on strike this week as well),
we kindly ask you if it is possible to already anticipate the answers to the questions received so far and not wait for the deadline (6 days), in order to allow us to elaborate a correct technical and economic offer and allow the sending of the same.
Thank you

Answer

Answers to questions are updated daily on the FAC section at https://www.cittadellascienza.it/bandi-e-gare/garapulizie/f-a-q.


Question 46

1. We are asked to specify how the contractor’s consideration will be paid,
2. and whether such consideration will come from foundation budget funds or from what other alternative it will come.

Answer

1. Payments will be arranged in 36 monthly instalments in arrears with direct warrants in the name of the Contractor, after verification and approval of the reports and activities carried out, prepared and delivered for approval to the “contract execution manager,” within 96 days after receipt of regular invoice.
2. The contract is financed with funds from the Client’s budget.

Question 47

this is to ask your Contracting Authority whether the writer may consider specific turnover performed in the three-year period 2017 2018 2019 for outdoor area sweeping services as specific turnover in the area of activity covered by the contract referred to Lot 2,

Answer

No

 

Question 48

…is requested to confirm that a bid that contemplates less than the minimum number of hours prescribed in Art.6 of the Special Chapter is ineligible.

Answer

It is confirmed

Question 49

Hereby I am to ask you about the tender concerning the cleaning service, since our company participates in the form of a stable consortium, entrusting the activity to our consortium member, we wanted to understand if we had to appoint it already in the application for participation, or was it sufficient to include it in the DGUE.

Answer
It is not necessary to indicate any consortium members, since the Stable Consortium, as per Council of State Judgment No. 865 – 2019, constitutes a structure capable of operating autonomously without necessarily making use of the auxiliary activities of the consortium members.

 

Question 50

The question is asked in the case of an RTI being formed, whether a separate stamped application should be submitted for each participant of the RTI being formed.

Answer

A single application must be submitted, in the manner of Article 13 of the Specification.

 

Question 51
1. Since the writer intends to participate in the procedure in both lots, can a single DGUE be used for both lots, or should a separate DGUE be produced for each lot?
2. wonders if it is possible to submit a single provisional guarantee for both lots, or should two separate guarantees be submitted per lot?
3. wonders whether copies of financially approved financial statements can be submitted in lieu of the bank references required in the specification because due to Covid-19 pandemic, there is a reduction in banking staff, which cannot meet the demands for bank references.

Answers

1. One DGUE must be completed for each Lot
2. Yes
3. No