|Tender Details : |
Object of the contract
Refuse and waste related services
Description: Contract notice: Refuse and waste related services
Authority Type: Regional or local authority
Contact Nature: Services
Procedure: Open procedure
Document: Contract notice
Regulation: European Union, with participation by GPA countries
Award criteria: The most economic tender
CPV code: 90500000,90510000,90600000,90610000,90500000,90510000,90600000,90610000
CPV Description: Servizi di raccolta rifiuti ed igiene urbana
Refuse and waste related services.
Refuse disposal and treatment.
Cleaning and sanitation services in urban or rural areas, and related services.
Street-cleaning and sweeping services.
La procedura di gara e finalizzata ad individuare un operatore economico che provveda alla esecuzione del servizio di raccolta rifiuti ed igiene urbana nel territorio comunale di Bernalda for a period of 4 months and in any case until the identification of the sole economic operator by the Sub-Scope n. 1 of Matera to which the Municipality of Bernalda formally adheres. Therefore, in the event that during the competition phase and during the execution of the contract the Municipality of Matera, in its capacity as a joint leader of the Sub-Scope as well as of the contracting authority, cthe tender procedure in progress is complete and that single operator is contracted:
- this tender procedure will be interrupted without this entailing by competitors any right to compensation,
- the procurement contract resulting from this procedure will terminate early without no right to compensation and refreshment of any kind except those expressly provided for by thecontract itself.
Provisional guarantee of EUR 13 000.00
The contract is financed by municipal budget funds deriving from municipal tariffs for waste. 80 of the Code, constitutes a reason for exclusion of an economic operator from the tender:
a) the conviction with final sentence or criminal decree of irrevocable sentence or sentence of application of the sentence on rerequested pursuant to art. 444 of the criminal procedure code, for one of the following crimes:
- Crimes, consummated or attempted, as per articles. 416, 416-bis of the Penal Code, or crimes committed using the conditions set forth in the aforementioned art. 416-bis, or in order to facilitate the activities of the associations provided for in the same article, as well as for crimes, consumed or attempted, priorfrom the art. 74 of the D.P.R. 309/1990, from the art. 291-quater of the D.P.R. 43/1973 and from the art. 260 of Legislative Decree 152/2006, as referable to participation in a criminal organization, as defined in art. 2 of the Council Framework Decision 2008/841 / JHA,
- Crimes, consummated or attempted, as per articles 317, 318, 319, 319-ter, 319-quater, 320, 321, 322, 322-bis, 346-bis of the penalty codethe, as well as the art. 2635 of the civil code;
- Fraud pursuant to art. 1 of the Convention on the protection of the financial interests of the European Communities,
- Crimes, consumed or attempted, committed with a terrorist purpose, including international, and subversion of the constitutional order terrorist offenses or crimes related to terrorist activities; to the articles 648-bis, 648-ter and 648-ter of the Penal Code, laundering of proceeds of criminal activities or financing of terrorism, as defined in art. 1 of Legislative Decree 109/2007 and subsequent amendments,
- Exploitation of child labor and other forms of trafficking in human beings defined by Legislative Decree 24/2014,
- Any other crime from which it derives, as an accessory penalty , the incapacity to negotiate with the public ammIn case of forfeiture, suspension or prohibition due to a hypothesis under letter A) the exclusion operates if the sentence or decree has been issued against:
- Of the owner or technical director, if it is an individual enterprise,
- Of the partners or of the technical director, if it is a collective partnership,
- Of the general partners or the technical director,and it is a limited partnership,
- members of the board of directors, management or supervisory bodies or persons with powers of representation, management or control, the technical director or the sole shareholder, or majority shareholder in the case of companies with less than four members, in the case of another type of company or consortium.the exclusion and the prohibition also operate in respect of the subjects ceased from office in the year prior to the publication date of the call for tenders, if the company does not show that there has been complete and effective dissociation of the conduct penalized by sanctions. exclusion and the prohibition, in any case, do not operate when the crime has been decriminalized or when the requalification or when the offense has been declared extinguished after the conviction or in the event of revocation of the sentence itself.
c) Pursuant to art. 80 of the Code, the existence of causes of forfeiture, suspension or prohibition provided for by art. 67 of Legislative Decree 159/2011 or of an attempted mafia infiltration pursuant to art. 84, co. 4, of the same Code of thethe anti-mafia laws. d) It is a reason for exclusion to have committed serious, definitively ascertained violations, with respect to the obligations related to the payment of taxes and social security contributions, according to Italian legislation or that of the State in which they are established. serious violations those that entail an omitted payment of taxes and duties higher than the impgarden in accordance with art. 48-bis, co. 1 and 2-bis, of Presidential Decree 602 / 1973.
Those contained in judgments or administrative acts no longer subject to appeal are constitutive.
Consequent violations of the contributory and social security laws are those impeding the release of the single document of regularity ( DURC), as per art. 8 of the DM January 30, 2015.
The divieto does not apply when the economic operator has complied with its obligations by paying or bindingly to pay the taxes or social security contributions due, including any interest or fines. e) In accordance with art. 80 of the Code, the contracting authority excludes from the tender the economic operator if: - - Can demonstrate, by any appropriate means, serious violations dueascertained to the rules on health and safety at work and to the obligations referred to in Article 30, paragraph 3, of the Code,
- Without prejudice to the provisions of article 110 of the Code, the operator is in a state of bankruptcy of compulsory liquidation, of an arrangement with creditors, except in the case of agreement with business continuity, or in relation to which a proceeding is in progress for-the declaration of one of these situations,
- The contracting authority demonstrates, by appropriate means, that the operator has been guilty of serious professional malfeasance, such as to make its integrity or reliability doubtful. These include: significant deficiencies in the execution of a previous procurement or concession contract that caused early termination, not countingwere in court, or gave rise to a conviction for damages or other penalties; the attempt to unduly influence the decision-making process of the contracting authority or obtain confidential information for the purpose of its own benefit; the provision, even by negligence, of false or misleading information likely to influence decisions on exclusion, the selectionand o the adjudication or omitting the information due for the correct execution of the selection procedure,
- The participation of the economic operator determines a situation of conflict of interest pursuant to art. 42, co. 2, of the Code not otherwise resolvable,
- The participation of the operator determines a distortion of competition deriving from the previous coinshift in the preparation of the tender procedure, as per art. 67 of the Code, which can not be resolved by less intrusive measures,
- The economic operator is subject to the interdictory sanction referred to in art. 9, co. 2 lett. c), of Legislative Decree 231/2001 or other sanction that involves the prohibition of contracting with the public administration, including the disqualification provisions set out in. 14 of Legislative Decree 81/2008,
- The economic operator is entered in the electronic filing system kept by the ANAC Observatory for having presented false declarations or false documentation for the issue of the qualification certificate, for the period during which continues to be registered,
- The economic operator has violated the prohibition of fiduciary registration pursuant to art. 17 of thelaw 55/1990; the exclusion lasts one year from the definitive ascertainment of the violation and must be ordered if the violation has not been removed,
- The economic operator does not present the certification referred to in art. 17 of the law 68/1999 or not self-certify the existence of the same requirement,
- The economic operator, despite having been the victim of the crimes foreseen bythe articles 317 and 629 of the Penal Code, aggravated pursuant to art. 7 of Decree Law 152/1991 (as converted by Law 203/1991), has not reported the facts to the judicial authority, except that the cases provided for by art. 4, co. 1, of the law 689/1981; this circumstance must emerge from the indications based on the request for reference made to the defendant in the anteced yearentity to the publication of the announcement and must be communicated, together with the generalities of the subject that has omitted the aforesaid denunciation, from the procurator of the Republic proceeding to the ANAC, which takes care of the publication of the communication on the site of the Observatory,
- The economic operator is, compared to another participant in the same procedure of assignment, in a situation of controllo referred to in art. 2359 of the Civil Code in any report, even de facto, if the control situation or the report implies that the offers are attributable to a single decision-making center.
The causes of exclusion do not apply to companies or companies subject to seizure or confiscation pursuant to art. 12-sexies of the DL 306/1922 (as converted by the law 356/1992) or of the articles.20 and 24 of Legislative Decree 159/2011, and entrusted to a custodian or judicial or financial administrator, limited to those referring to the period prior to the aforementioned assignment.
13.2. Professional Qualification Requirements
- For Italian or other Italian Member States resident in Italy, registration to the Chamber of Commerce, Industry and Handicraft Agriculture for activities compatible with themain defect of the contract (sweeping, collection and transport of solid urban waste). For economic operators of another Member State not resident in Italy, and proof of registration, in accordance with the procedures in force in the State of residence, in one of the professional or commercial registers referred to in Annex XVI of the Code, by sworn declaration or request according to the modalities-in force in the Member State in which it is established or by attestation, under its own responsibility, that the certificate produced has been issued by one of the professional or commercial registers established in the country in which it is resident,
- National Register of Environmental Managers, at least for following categories and minimum classes:
- Category 1 "Collection and transport of wasteni ": class E (including mechanized sweeping and management of municipal waste collection centers),
- Category 4" Collection and transport of non-hazardous special waste ": class E,
- Category 5" Collection and transport of hazardous waste ": class F,
- Category 8" Intermediation and trade in waste without holding the waste ": class F.
This requirement may beproven through a copy of the certificate of registration in the register or register. For companies not established in Italy, the aforementioned registration must result from a specific document that will have to certify the registration in a similar professional or commercial register according to the legislation of the State of belonging (Article 83 of the Code).
Internet address (URL): http://www.comune.bernalda.matera.it
Directive: Classical Directive (2004/18/EC)