I P S. Insediamenti Produttivi Savonesi S.c.p.A. TENDER REGULATIONS ACCELERATED RESTRICTED PROCEDURE

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1 Insediamenti Produttivi Savonesi S.c.p.A. TENDER REGULATIONS ACCELERATED RESTRICTED PROCEDURE 1) OBJECT OF THE CONTRACT Supply and installation of an LIF (Laser Induced Fluorescence) and PIV (Particle Image Velocimetry) combustion diagnostic system. CPV reference number: C.U.P. Code: G57I C.I.G. number: D9 2) VALUE OF CONTRACT WORKS The total value of the turnkey supply of the system that is the object of the contract is approximately 260, (two hundred sixty thousand/00 Euros. 3) DELIVERY LOCATION University Campus, Via Magliotto 2, Savona. 4) FORM OF THE CONTRACT. ADJUDICATION PROCEDURE AND MODALITIES The contract will be assigned in its entirety through an accelerated restricted procedure, according to articles 55, 70 and 83 of Legislative Decree no. 163/2006 and as amended, and specifically through adjudication of the most economically advantageous offer. The decision to implement the accelerated procedure was reached based on the commitments of the University of Genoa as the agent of the TAC (Temporary Association of Companies) and user of the equipment that is the object of the tender within the Savona - Via Armando Magliotto 2 - Campus Universitario - Palazzina Locatelli Tel Fax Portale Internet P.I./C.F. e iscrizione Registro imprese: Iscrizione C.C.I.A.A. Savona n Cap.soc ,00 i.v.

2 context of European project H2-IGCC. Offers will be evaluated based on the following criteria: Quality: 40 points Delivery time: 35 points Price: 25 points Additional sub-criteria and sub-weights will be indicated in the letter of invitation by the Commissioning Body. With regard to the Quality criterion, the tenderers as better described in the letter of invitation shall submit a detailed description of the supply. The adjudication will be made even if only one valid offer is submitted as long as it is deemed suitable and convenient. Offers that are abnormally low will be audited in accordance with art. 86 of Legislative Decree 163/2006 as per what is indicated in subparagraph 2 of the same article. The Commissioning Body reserves the right to apply the provisions set forth in art. 140 of Legislative Decree 163/2006 if the circumstances referenced by the regulation should arise. The Commissioning Body reserves the right not to make any adjudication if no offer is deemed convenient or suitable in relation to the object of the contract. 5) DELIVERY DEADLINE The supply and installation delivery deadline is 30 (thirty) calendar consecutive days from the date of notification of final adjudication. 6) TENDER DOCUMENTS These regulations and specifications are available on the Internet website: 7) PARTIES ADMITTED TO THE TENDER AND ADMISSION REQUIREMENTS The parties described in art. 34 of Legislative Decree 163/200634, and as amended, consisting of individual enterprises or associated companies or consortiums, or companies that intend on becoming united in an association or consortiums according to articles 35, 36 2

3 and 37, or EEIG, as well as tenderers headquartered in other member states of the European Union or signatories of the Government Procurement Agreement are admitted to participate in the tender, under the conditions described in article 47 of Legislative Decree no. 163/2006 and, in any case, with the prerequisites set out in articles 38 and subsequent articles of Legislative Decree no. 163/2006, and as amended. 8) MINIMUM ECONOMIC AND TECHNICAL CONDITIONS FOR ADMISSION Tenderers must provide evidence, under penalty of exclusion from admission, of their economic and technical capacity based on: a) at least one suitable declaration from banks or authorised intermediaries; b) an excerpt of the relative financial statements, or a self-declaration by the legal representative, indicating that overall company turnover, for the years 2008, 2009, 2010, is not less than three times the amount, excluding VAT, of the base tender value, with presentation in figures of the specific turnover for said three-year period. For TGC and Consortiums at least 40% of said requirement must be held by the mandate agent and at least 10% by the other tenderers. In any case, the TGC and/or Consortium, in its entirety, must meet the requirement; c) specific turnover for the years 2008, 2009, 2010, relative to the supply of goods (LIF, PIV or other laser flow diagnostic systems) similar to those in this tender, of not less than the presumed amount, excluding VAT, of the base tender value, with presentation in figures of the total turnover for said three-year period for the supply of goods similar to those included in this tender. For TGC and Consortiums at least 40% of said requirement must be held by the mandate agent and at least 10% by the other tenderers. In any case, the TGC and/or Consortium, in its entirety, must meet the requirement; d) a list of the main/similar supplies provided to educational or research facilities, public administrations or private institutions with reference to the years 2008, 2009, 2010 indicating the date of execution and the contracting body; e) a company quality certification in accordance with UNI EN ISO 9001:2000/2008 or equivalent certification for companies headquartered in signatory countries of the 3

4 Government Procurement Agreement; f) description of the technical instrumentation and the measures implemented to guarantee quality, as well as the analysis and research instruments utilised. Tenderers from other European Union countries or signatory countries of the Government Procurement Agreement, must have the requirements requested based on the documentation submitted in conformity with the current standards in the respective countries of origin. As regards the possession of such requirements, the Commissioning Body reserves the right to request tenderers to present any useful document. The use of pooling is permitted in the forms and within the limits set out by art. 49 of Legislative Decree no. 163/ ) PROCEDURE FOR SUBMITTING APPLICATIONS FOR ADMISSION The companies that intend on participating in the tender shall deliver a specific package by means of registered mail with advice of receipt, by courier, or by hand only on 22 nd, 23 rd and 24 th August The package, duly sealed, must be sent to I.P.S. S.c.p.A. - Via Armando Magliotto 2 - Campus Universitario, Palazzina Locatelli Savona by and no later than 1 p.m. on 24 th August 2011, under penalty of exclusion from said tender. As an alternative the documentation can be submitted by in a pdf format and signed to uberto.cremonini@ips.sv.it by and no later than the same deadline of 1 p.m. on 24 th August 2011 under the condition under penalty of exclusion that the package with the original paper documentation is sent by registered mail or courier by 1 p.m. on 24 th August 2011 even if received afterwards by I.P.S. The postal office or courier shall place the date and time of the delivery on the package. It remains understood that the delivery of the package remains the exclusive risk of the sender for the case in which, for any reason, the package does not reach its destination in due time. The package can also be delivered by hand to company offices, that are open to receive packages from 8:30 a.m. to 1:30 p.m. and from 2:30 p.m. to 5:30 p.m., Monday to Friday, except Saturdays, Sundays and national and local holidays. To this regard, it is recommended to check in advance when offices are open. In particular, it is declared that 4

5 the offices will be closed from 6 th to 21 st August, inclusive. The outside of the packages must indicate not only the sender s name, telephone number, fax number and address, but also information about the object of the tender and the diction NON APRIRE (DO NOT OPEN). Packages must contain the following documents: a) tender application for admission, written in Italian and, in compliance with annex 1, signed by the tenderer s legal representative or proxy holder (in which case the relative proxy must also be included) or, for tenderers consisting of companies to be united in an association multiple applications submitted and signed by all parties of the aforementioned association or consortium, while for the case of previously established TAC it will be sufficient to submit a single application signed by the mandate agent without affecting the need to formulate, by all members of the TAC, sworn affidavits in accordance with articles 38, 46 and 47 of D.P.R. no. 445/2000 or, for tenderers not residing in Italy, suitable equivalent documentation according to the law of the country of origin, with which the legal representative (and the parties for said purpose interested in and obligated to make the declaration), assuming the full responsibility: - certifies registration in the trade register of the Chamber of Commerce, Industry and Agriculture, or in the professional registers of the country of origin, indicating the specific business activity; - certifies, specifically indicating them, the absence of any exclusion conditions as set out in article 38, subparagraph 1, letters a) to m-ter) of Legislative Decree 163/2006; - declares not to have committed acts or discriminatory behaviour as set out in article 43 of Legislative Decree no. 286 of 25 July 1991, bearing the diction Consolidated Act of Provisions concerning immigration and the condition of third country nationals ; - declares to be aware of the responsibilities deriving from compliance with the regulations regarding the physical safety of workers and labour costs and of the obligations set out in Legislative Decree 81/2008; 5

6 - certifies to have correctly met, within his own company, the safety obligations envisaged by current regulations; - certifies not to participate in the tender in more than one temporary association or consortium of tenderers, nor in an individual form if he has participated in the tender in an association or consortium; - declares to comply with the regulations governing the right to work of the disabled; - indicates the fax number and the address to which any notifications should be sent. b) in addition, for the case involving consortiums as described in articles 35 and 36 of Legislative Decree 163/2006 and as amended: - copy of the articles of association of the consortium as well as the indication (optional for stable consortiums as described in art. 34, subparagraph 1, letter c) of Legislative Decree 163/2006, compulsory for the consortiums described in art. 34, subparagraph 1, letter b) Legislative Decree 163/2006) of the associated enterprise(s) for which the consortium is participating; for the latter enterprise, and only for consortiums described in art. 34 subparagraph 1 letter b) of Legislative Decree 163/2006, it is prohibited from participating in the tender in any other form; associated companies must submit the declaration described in point a). In case of adjudication, the tenderers receiving the supply may not differ from those indicated except for cases involving exclusion from the consortium, bankruptcy or similar procedure, or if a reason for exclusion from participating in tenders is attributed to the above-mentioned enterprise and, in any case, after authorisation from the commissioning body; - it is reiterated that for the case involving participation by stable consortiums as described in art. 34, subparagraph 1, letter c) of Legislative Decree 163/2006 all consortium members forming the stable consortium and not only those that may have been indicated in the previous paragraph, under penalty of exclusion, are prohibited from participating in the tender in any other form under penalty of 6

7 exclusion of the consortium and the consortium member; - for ordinary consortiums as described in art. 34, subparagraph 1, letter e) of Legislative Decree 163/2006, the rules set out for TAC will be applied, without affecting the obligation to include the articles of association. c) for the case of an association or ordinary consortium or EEIG not yet established, declaration, made by each tenderer participanting in the TAC and/or ordinary consortium and/or EEIG, certifying: - the name of all the companies that will make the supply and (only for TAC) the name of the tenderer to which, in case of adjudication, a special collective mandate with representation will be conferred, to indicate and qualify as the group leader; - the parts of the contract (i.e. the categories or parts of categories) that will be carried out by the individual enterprises, also indicating the shares or percentage shareholding in the TAC or ordinary consortium and therefore the share of execution; - commitment, in case of adjudication, to conform to the current regulations regarding public works with regard to temporary associations or consortiums or EEIG. d) for the case of a previously established association or ordinary consortium or EEIG: - only for TAC, an irrevocable collective mandate conferred to the agent by a public document or authenticated private agreement, or the articles of association of the consortium or the EEIG; - only for TAC the name of the agent and the principals who will complete the works; - for TAC and Ordinary Consortiums: the parts of the contract (or the services) that will be carried out by the individual enterprises indicating the shares or percentage shareholding in the TGC or ordinary consortium and therefore the share of execution. e) documentation as described in point 8: - at least one suitable declaration from banks or authorised intermediaries; - an excerpt of the relative financial statements, or a self-declaration by the legal representative, indicating that overall company turnover, for the years 2008, 2009, 7

8 2010, is not less than three times the amount, excluding VAT, of the base tender value, with presentation in figures of the specific turnover for said three-year period. For TGC and Consortiums at least 40% of said requirement must be held by the mandate agent and at least 10% by the other tenderers. In any case, the TGC and/or Consortium, in its entirety, must meet the requirement; - self-declaration by the legal representative indicating a specific turnover for the years 2008, 2009, 2010, relative to the supply of goods similar to those in this tender (LIF, PIV or other laser flow diagnostic systems), of not less than the presumed amount, excluding VAT, of the base tender value, with presentation in figures of the total turnover for said three-year period for the supply of goods similar to those included in this tender. For TGC and Consortiums at least 40% of said requirement must be held by the mandate agent and at least 10% by the other tenderers. In any case, the TGC and/or Consortium, in its entirety, must meet the requirement; - a list of the main/similar supplies provided to educational or research facilities, public administrations or private institutions with reference to the years 2008, 2009, 2010 indicating the date of execution and the contracting body; - a company quality certification in accordance with UNI EN ISO 9001:2000/2008 or equivalent certification for companies headquartered in signatory countries of the Government Procurement Agreement; - description of the technical instrumentation and the measures implemented to guarantee quality, as well as the analysis and research instruments utilised. f) the fax number and the address to which any notifications should be sent. The declarations relative to possession of the general requirements as described in art. 38 subparagraph 1 of Legislative Decree 163/2006, letters b) and c), must be made by the following parties: proprietor and technical director, for a one-man business; partner and technical director, for a general partnership ; general partners and technical director, for a limited partnership; administrators with powers of representation and technical director, for other types of companies. 8

9 These declarations must be made only as regards letter c), also by parties who have left their position in the three-year period prior to the date of publication of the call for tenders. If the company does not demonstrate to have taken steps or measures to ensure that it has nothing to do with the conduct subject to penalty sanctions then the ban set out in the aforementioned letter c) will be in force. As an alternative, the legal representative of the tenderer can expressly declare, indicating that he intends on exercising that right, for himself and for the other legal representatives and technical directors, that no reasons for exclusion are present as set out in art. 38, subparagraph 1, letters b) and c) also with regard to the same parties, taking full responsibility for any false declarations. All declaring parties must include a photostatic copy of an identification document. The application for admission, together with the sworn affidavits submitted according to articles 38, 46 and 47 of D.P.R. no. 445/2000, can be prepared utilising the attached form. 10) DISPATCHING OF THE INVITATION TO SUBMIT OFFERS The invitations to submit an offer are expected to be mailed by registered letter with advice of receipt and in advance by fax and/or on 26 th August 2011 and will indicate a period of 12 days within which to submit an offer. The tenderers who opted to submit their documentation by for the case in which the package with the paper documents has not been received by I.P.S. by the invitation dispatch date will be invited under condition. In the same manner, tenderers who submitted incomplete documentation by 24 th August 2011 and reference is not made to deficiencies subject to exclusion will be invited under condition that they submit complete documentation together with the offer. 11) TENDER PROCEDURES I.P.S. will verify the administrative documentation at the company s headquarters on 24 th August 2011 at 3:30 p.m.. Said verification will take place during an open admission public session: the parties attending the tender session must be registered and provide proper 9

10 identification. Only parties with suitable powers of representation for the participating companies can issue declarations to be recorded. 12) SUBCONTRACTING The successful tenderer is prohibited from transferring the execution of the contract to third parties. Subcontracting is permitted in accordance with legal terms and conditions. Furthermore, it is permitted to subcontract the secondary services relative to installation and operator training. 13) APPEAL PROCEDURES: Appeals against this tender can be submitted to the TAR Liguria, Via Dei Mille 9, Genoa (GE) within 30 days as set out in Legislative Decree no. 104/ ) ADDITIONAL INFORMATION: a) self-declarations, certifications, documents and the offer must be submitted in Italian; b) I.P.S. S.c.p.A. reserves the right to verify the declared requirements through acquisition, as a matter of course, of the certificates confirming possession of the conditions, facts and quality of the declaring parties; c) the tender manager is Uberto Cremonini; d) for information and clarifications write to uberto.cremonini@ips.sv.it; e) it is recommended to periodically visit the Internet site Acquired data will be processed only for the purpose of completing this tender procedure in compliance with the prescriptions set out in Legislative Decree no. 196 of 30 June Savona, 4 th August 2011 The Tender Manager (R.U.P.) Uberto Cremonini 10