Italian Trade Commission

Transcription

1 ICE Tokyo PRE-QUALIFICATION RULES Accelerated restricted procedure pursuant to Art. 55 and 70 of Legislative Decree No. 163/2006 and subsequent amendments for the planning and provision-in-lease of equipment, furniture and graphics facilities, and related services for the exhibition ZIG ZAG TRADIZIONE INNOVAZIONE L ITALIA CHE CORRE AL FUTURO. 1. Introduction about the event The Italian Trade Commission (hereby, the ICE), under the program of the 2008 s Promotional Program, Interregional Project for Promotion of Chain Mobility ', Motor and Subcontracting and in collaboration with the Regions of Emilia Romagna, Lombardia, Piemonte, Lazio and Puglia will organize an exhibition on the Italian mechanics of the tip, automotive industry and aerospace in Japan from the 24 th of September to 17 th of October The event provides a high-profile exhibition curated by an expert in communication. This event will be held at the Nippon Kagaku Miraikan (National Museum of Emerging Science and Innovation), ideal place in terms of the availability of spaces and for the thematic context. The Exhibition (1,900 square meters) aims to show the Japanese public the two souls of Italian industry at both national and regional level: on the one hand, genius, creativity and styling, and on the other, technological innovation, quality and the reliability of the products. The exhibition has been entrusted to an expert curator. 2. General rules and object of the tender With regards to the details set out in the introduction, ICE, the Italian Trade Commission, according to Resolution No. 368/07 of 16 October 2007, has announced a tender offer, which the application is an accelerated restricted procedure, for the provision-in-lease of equipment, facilities, furniture for the exhibition ZIG ZAG TRADIZIONE INNOVAZIONE L ITALIA CHE CORRE AL FUTURO. The tender is governed by the Notice of Tender, sent to the Office of Publications of the European Union on the 30 th of June 2009 for publication in the Official Journal of the European Union, and to the Polygraph for publication in the Official Journal of the Italian Republic and by these pre-qualification rules. These Rules set out the object of the competition and the main procedures for the prequalification stage and provide information on the submission of applications to participate in the competition concerned. They also provide some information of a general nature on the second stage of the competition (adjudication) which will be better explained in the letter of invitation. Also included with this document are: Page: 1 of 10

2 Application form for participation and declaration and self-certification forms as required by the current legal provisions. All the above documentation (Notice of Tender, Pre-qualification rules, application form, and declaration and self-certification forms) is also available on the following websites: Main ICE website ( under the section "Work with us" and the heading "Tender notices and supplies to ICE") and ICE Tokyo website ( For all matters not expressly provided in the above documentation, please refer to the provisions of current legislation. The head of the proceedings is Mr. Federico Balmas, Director of ICE Tokyo. Ms. Cecilia Constantino, head of the high-tech industry at ICE s Tokyo office, is in charge of the information, and she will answer at enquiries about procedures to enter the tender (phone , fax , tokyo@ice.it). 3. Minimum requirements and documents for participation Economic operators interested in participating in the tendering procedure will be required, on penalty of exclusion from the bid as evidence of meeting the requirements for participation, to submit the application of participation along with the following documents: a) Application for participation. In the event of a temporary grouping of companies or consortium the application form must be signed by all the members who will form the above grouping. b) Certificate of registration with the Italian Chamber of Commerce for the object of the class or equivalent certificate for non-italian firms; c) Declaration of absence of hypotheses exclusion from the bid according to Art. 38, Legislative Decree 163/2006 and subsequent amendments; Art. 45, paragraph 2, Letters a) to g) Directive 2004/18/EC, Art. 41 Legislative Decree 198/2006, Art. 44, par. 11, Legislative Decree d) Declaration of absence of situations of control or connection under Art Civil Code with other companies competing in the same call for tenders either individually or as members of temporary groups or consortia, or auxiliary firms for another competitor, or equivalent declaration for non-italian firms; e) Declaration stating that the company has not been guilty of serious misconduct, gross negligence or bad faith in the performance of similar services as to the ones requested by the bid station that holds this tender, with particular regard to the relations with the ICE, with other Public Administrations, with trade show neighborhoods and organizers of events; f) Declaration stating that the company is not availing itself of the individual regularisation plans for the emersion of shadow employment pursuant to Article 1, paragraph 14, Law No.266/2002, or that the company has availed itself of the individual regularisation plans for the emersion of shadow employment, but the term for such emersion has expired, or equivalent declaration for non-italian firms; g) Declaration of correctness and contributory insurance INPS and INAIL relative positions with contributory and insurance; h) Statement indicating a total global sales income (excluding VAT) for the last three years of least EUR 2,400, (two million four hundred thousand Euro). In case of a Pagina 2 di 10

3 temporary grouping of companies or consortia, the sum of sales income of individual companies will be at least equal to the above amount; i) Statement that the company had a income (net of VAT) reported for the last three years, for supplies and/or services similar to those of this tender, of at least EUR 1,200, (one million two hundred thousand Euro). In the event of a temporary grouping of companies or consortia, the sum of income of individual companies must be at least equal to the above amount; j) List of principle services and/or similar supplies provided over the last three years, including services provided to governments or public administrations, with amounts and recipients of supplies and/or services, place of execution and m 2 of actual mounting. The list of principle services and/or supplies must include evidence of at least a single contract of exhibition in the last three years period, abroad compared to the place of residence of the competitor, where the arranged was at least 2,000 square meters net (in case of joint ventures, the requirement should be owned in full by the head group and is not divisible); k) Two appropriate bank statements dating not earlier than three months prior to the date of publication of the Notice of tender at the UPUE (Official Publications Office of the European Union). The documentation points b) to j) can be done by self-assessment, in conformity with the requirements of Articles 46 and 47 of Presidential Decree No. 445/2000, signed by a legal representative and accompanied, on penalty of exclusion from the bid, by a photocopy of a valid document identifying the declarant. FAILURE TO PRODUCE EVEN ONE OF THE ABOVE DOCUMENTS WILL RESULT IN EXCLUSION FROM THE TENDER. 4. Subjects eligible to participate in the tender. Eligible to participate in the tender are individual companies, consortia and companies specially and temporarily grouped in accordance with Art. 37, of Legislative Decree No. 163/2006, and subsequent amendments. The so-called "principle of reliance" is also recognized. Temporary grouping of companies and consortia In the event of consortia and companies temporarily grouped for the purpose, the documents referred to under III.2 of the contract notice as recalled in item 3 of these Prequalification Rules, must be submitted by all firms forming part of the group or consortium. A temporary group of companies must also submit, even using the form attached to these Pre-qualification Rules, a statement specifying the composition of the group (including each member company s trade name, registered head office, name of legal representative) as well as a declaration that the same companies in the group shall, should the contract be awarded to the group, comply with the rules set out in Art. 37 of Legislative Decree No. 163 of 2006 as subsequently amended and supplemented and give special mandate to the group s leading company. Such leading company shall be specified in the above statement. The parts of the service/supply to be handled by each member of the group must also be expressly and clearly specified. Pagina 3 di 10

4 The statement must be signed by the legal representatives of all the companies in the group; their signatures must be authenticated according to the law (otherwise photocopies of appropriate documents of identification of the legal representatives must be attached to the statement). An individual company may not participate singly as well as a member of a group of companies or participate in more than one group, on penalty of exclusion from the bid. A consortium must specify all the companies in the consortium that participate in the bid. Principle of reliance According to Art. 49 of Legislative Decree No. 163/2006, if the competitor (or in the case of a temporary grouping of companies, the single grouped or to-be-grouped company; or a consortium if existing or in case of a single consortium) in order to achieve the requirements of economic and financial standards and technical capacity required as a minimum condition for participation (Notice of tender points III.2.2 and III.2.3), rely on the economic and financial capacity and/or technology of other companies (without territorial limits), in application of the so-called "principle of reliance" the competitor must produce, along with the documentation referred to in Par. 2, the following, on penalty of exclusion from the bid: a) Statement signed by the legal representative of the competitor (if is a delegate, attach a non-certified copy of the special power of attorney) stating the use of the requirements for participation in the tender, with indication of the requirements and of the auxiliary company; b) Statement signed by the legal representative of the auxiliary company (if is a delegate, attach a non-certified copy of the special power of attorney) pursuant to Presidential Decree No. 445/2000 (attach, on penalty of exclusion, a photocopy of identification to the applicant) or, for competitors who are not resident in Italy, the suitably equivalent documentation under the laws of the state of the competitor company, stating as follows: that the company and its legal representatives or administrators have not met the grounds for exclusion under Art. 38, Par. 1, Letters a) to m-bis) of Legislative Decree No. 163/2006 and in Art. 45, Par. 2, Letters a) to g) of Directive 2004/18/EC; that there are no reasons for the company to be excluded from the tender, under Art. 1, Par. 14 of Law 383/2001, as is not availing itself of the individual regularisation plans for the emersion of shadow employment or that it has availed itself of the individual regularisation plans for the emersion of shadow employment, but the term for such emersion has expired. that there are no reasons for the company to be excluded from the tender, under Art. 13, Par. 1, of Decree Law of 4 July 2006, No. 223, converted into law with amendments by Law No. 248/2006; that the company has not been subject to any disqualification sanctions as provided for under Art. 41, of Legislative Decree No. 198/2006, (Code of Equal Opportunities Between Men and Women) that the company has not been subject to any disqualification sanctions as provided for under Art. 44, Par. 11 of Legislative Decree No. 286/1998, (text on the regulation of immigration and the status of aliens) there are no other reasons or sanctions involving prohibition to tender or contract with public administrations. Pagina 4 di 10

5 that the company is obligated to the competitor and to the ICE to provide, fully and unconditionally and for the duration of the contract, the means, facilities and resources of which the competitor is lacking with specific indication of what means, facilities or resources will be made available, that at this tender it is not participating any company which is in a situation of control under Art of the Civil Code or with which there is a single decision-making (Art. 34, Par. 2, of Legislative Decree No. 163/2006); that the company is not taking part in this tender on its own or in any other form against Art. 34 of Legislative Decree No. 163/2006; that other competitors are not taking advantage of the requirements of the company in this tender; the names, titles, dates of birth and addresses of: - the principal, for individual companies; - members, for general or limited partnerships; - the administrator with authority to represent, in the case of other types of companies; - the technical director; - members, as referred above, which have resigned from their office in the three years preceding the date of publication of the notice of tender; - that the company expresses, according to Legislative Decree No.196/2003, the consent to the processing of personal data provided to the Institute, for the sole purpose of this procedure. c) a contract of reliance, in original or certified copy, under which the company states to the tender to provide the requirements and resources necessary for the duration of the contract, alternatively, for companies which belong to the same group, a declaration signed by the legal representative of the competitor showing the legal and economic relationship existing within the group. It must be clear that the certification requirement of quality is subjective and for such reason can not be subject of reliance, since its aim is to ensure that the company performs the service according to a minimum level of benefits, determined by experts. It must be clear that in case of false statements, notwithstanding the application of Art. 38, Letter h) of Legislative Decree No. 163/2006, and determined by as for Art. 49, Par. 3 of the same decree, the competitor will be excluded and will have to pay the provisional payment of the deposit. After signing of the Contract, the competitor and the auxiliary company are liable for the obligations as in the contract. 5. Control of requirement fulfilment. ICE shall, according to the provisions of art. 48 of Legislative Decree no. 163/2006 as subsequently amended, request a number of tenders equivalent to at least 10% of the submitted offers, chosen by public drawing, to demonstrate, within 10 days of the request, that they possess the economic-financial means and technical-organizational abilities required in the announcement. To this end, with reference to global and specific sales, Pagina 5 di 10

6 such verification shall be carried out up to the minimum amount required for qualification as specified in the announcement. For the principal services, the verification shall be carried out on the specific requirement for qualification. As proof of possession of the requirements, the Institute may request a true copy of the following documents: Global incomes: annual V.A.T. statements or balance sheets or income tax returns or equivalent certifications for non-italian firms; Specific sales and list of principal services: certificates of good performance issued and confirmed by public consignors or declarations of good execution issued and confirmed by private consignors (if not possible, may be submitted the original or an authenticated copy of accounting or contractual documents) Please note; for the purposes of verification of meeting the requirements of technical capacity is necessary that from the documentation produced as proof of meeting the requirements and financial and technical organization is evident the size of the mounting done abroad for a single client in the three years considered. It will not be considered valid the submission of contract documents without the signature of the customer. The ICE reserves the right to carry out for reasons of urgency, verification procedures as provided for by Art. 48, together and/or parallel to the opening of proceedings on all companies. The review process, as well as any other communication regarding the subject of the notice of tender and this specification will be submitted by fax at the fax number indicated in the application form. 6. Terms; How to apply for participation On penalty of exclusion from the bid, the interested parties must submit the applications form to participate, even using the form attached to these Pre-qualification Rules. The application for participation, signed by the tenderer s legal representative, with authenticated signature according to the law (or attaching a photocopy of an appropriate valid document of identification of the legal representative) must be drawn up in Italian or English, according to the form attached to these Pre-qualification Rules. Should the offer be signed by an attorney of the company s legal representative, the original or an authenticated copy of the related power of attorney must be attached to the application. In the case of participation in a partnership (temporary grouping of companies) the application must be submitted by the group s leading mandatory company. On penalty of exclusion from the bid, requests for participation, accompanied by the documentation specified in Art. III.2 of the notice, referred to by Section 3 of this specification, must arrive no later than 10:00 (Tokyo time) of 27 th of July 2009 at the address as referred to in paragraph I of the notice in one closed envelope, signed on the closing flaps by the legal representative, to ensure the secrecy of the content. In order to identify the envelopes and guarantee their correct and rapid despatch to the body chairing the competition, particulars must appear on the outside identifying the sender, and the following wording: Pagina 6 di 10 <<Do Not Open Tender for the staging of the exhibition

7 ZIG ZAG TRADITION AND INNOVATION, ITALY TOWARD THE FUTURE Application for participation>> Applications for participation arriving beyond the stated time limit will not be considered, even if despatched before the expiry date concerned. The delivery of the envelope or package shall remain at the sender s sole risk and responsibility. The Italian Trade Commission will not be responsible should the application fail to arrive in time, or be delivered to a different office, or be incomplete. Failure to observe the foregoing prescriptions and/or to produce even one of the documents specified in Articles 3 and 4 of these Pre-qualification Rules will also result in exclusion from the bid. No compensation or refund shall be due to the companies for the presentation of their bids. When the time limit referred to in item IV.3.4 of the notice of tender has passed, the body chairing the competition will examine the applications, the requirements and the requisite documents and will compile a list of the competitors accepted to submit offers. The Administration will send to eligible competitors letters of invitation to the tender within the time limit referred to in item IV.3.5 of the competition announcement. The Administration will also send to non-admitted companies a notice of exclusion. 7. General information concerning the second stage of the competition (adjudication) After the conclusion of the first stage of selection, the ICE will ask each qualified competitor contextually to submit bids. The invitation will be despatched by post (registered or express), with advice of delivery, to the address indicated in the application for participation by the competitor as its head office. Together with the letter of invitation will be sent to competitors, the following documents: a summary of the data purchasing and the general layout of the space, special conditions for call of tenders, offer-contract form. Based on the above-listed documentation, the competitors should prepare their economic bid. The letter of invitation will contain the following information: 1. Final date for submission of bids: a time limit will be fixed of not less than 10 days following the date of despatch of the invitation letter; 2. Procedures for submitting and preparing the bid: the envelope, which must be closed and sealed on both flaps and which will indicate the sender and the subject of the tender, as better described in the letter of invitation, must include in duplicate all the technical papers for the competition listed and described in Art. 4 of the Special Chapter for the Call for Tenders and documentation proving the payment, in the form to meet the requirements set out in the letter of invitation, covering 2% of the estimated contract value, has been made, must be submitted together with the Pagina 7 di 10

8 bid. The successful bidder will be required to pay a final bond according to the provisions of Art. 113 of Legislative Decree No. 163/2006 and subsequent amendments and supplements. The competing companies should also prove their payment of the Tax on Contracts to the Authority for the Supervision of Public Contracts as provided for businesses on the web site " The CIG - Tender Identification Code - will be indicated in the letter of invitation that will be sent to the selected companies. The financial offer will be set out on the contract bid form as better specified in the letter of invitation and will include the overall price offered per square meters in figures and words, and has to be signed by the competitor s legal representative (in case of participation in a temporary grouping of companies, it must be signed by all legal representatives of the members of the group). On penalty of exclusion from the bid, the financial offer, together with the estimated measurements referred to in Art. 4 of the Special Chapter for the Call for Tenders, must be included in the package in an appropriate envelop, duly sealed and countersigned on both flaps, marked on the outside financial offer and estimated measurements. In the bids there should not be corrections, abrasions and/or cancellations. In case of discrepancy between the figures and letters will be considered valid the indication most advantageous to the Institute. 3. Award criteria The tender will be adjudicated on the basis of the criteria of the most economically advantageous bid, according to the regulations in force, taking into account the following items and parameters: Assessment elements Percentage points Price 60% Technical bid* 40% TOTAL 100% * The quality of materials, furnishings, and equipment will be better defined in the letter of invitation and in the tender documentation. After the deadline for submission of offers, a special Board appointed by the competent bodies the ICE, will adjudicate the tender. The Board, after having verified the correct despatch of the envelopes in public session, will proceed to open them and verify that the contents essentially correspond to the provisions of the invitation letter. The Board will then proceed to assess the technical bids and to assign points accordingly, on the basis of the factors indicated in competition documents, at one or more closed sessions. Offers that do not conform to the summary listing of order data will not be included among those to be evaluated on the basis of the above factors. The points attributed by the Board in respect of the elements of the technical evaluation will be expressed in sixtieth. Bids that do not achieve a minimum grading of 36/60 for each of the elements of the technical evaluation, will be regarded as not eligible for acceptance and will therefore be excluded from the tender. Pagina 8 di 10

9 Later, during a public session held on the day and place that will be subsequently communicated to all the competitors, the Board will announce the outcome of previous assessments, by proceeding as follows: Reading out the points attributed to each technical bid; Proceeding to open the envelopes containing the economic bids. Only the envelops containing the economic bids of the candidates who have achieved a minimum grading of 36/60 for each assessment element of the technical bid will be opened; Reading out the economical bids submitted by the competing companies; Determining the total points attributable to each competitor on the basis of those previously obtained on assessment of the technical bids and those determined by the financial bids; Formulating the ranking in decreasing order and determining the most economically advantageous offer, representing the one with the highest percentage. Verifying the congruity of the bid as provided for in Articles 86, 87, 88 and 89 of Legislative Decree No. 163/06 as subsequently amended and supplemented. Provisionally adjudicating the service subject of this contract. Proposing to the competent body of the Institute the adjudication in favour of the company, grouping or consortium, which has achieved the highest overall score. Carrying out the verification provided for in Art. 48, Par. 2 of Legislative Decree No. 163/2006 as subsequently amended, for the successful bidder and the runner-up, if this is not among the competitors chosen by drawing or in case the verification has not been started for reasons of urgency on all the competitors admitted to present their bids. Where competitors achieve equal marks, the position on the list will be decided by a public drawing of lots. 8. Further information Increased or conditional bids will not be accepted. The award will take place even in the presence of a single quote, as long as deemed valid and worthy of acceptance by the Board. There shall be no subcontracting for the purpose of the sale contract and also part of the contract. Abnormally low bids will be verified according to Articles 86, 87, 88 and 89 of Legislative Decree No. 163/2006 as subsequently amended. No compensation will be made to competitors in respect of the submission of proposal bids. At the end of the procedure, the technical bids shall be filed with the competition documents and will not, under any circumstances, be returned to the non-adjudicated bidders. The adjudicated bidder must read the guidelines of the National Museum of Emerging Science and Innovation and adhere strictly to what it reported. Pagina 9 di 10

10 Effects of the adjudication The Administration, after carrying out the required verification on the contents of the bid, will proceed to the definitive adjudication. The stipulation of the contract, however, shall be subject to the positive result of the procedures required under the current laws against Mafia (Art. 10 of Presidential Decree No. 252/98) which will be carried out only in the event that the successful bidder is an Italian company to the acquisition of as listed below: a. Final Deposit as stipulated in Article 6. b. Further proof of the possession of the requirements as of self-statements 38, Legislative Decree No. 163/2006, and subsequent amendments.. In case that the awarded bid is of a non-italian company, the company must produce the final deposit, sufficient proof will be represented by a sworn declaration of regular payment of contributions to the firm s employees or, if no such declaration exists, a statement made by the company before a competent judicial or administrative authority, a notary or a qualified professional. 9. Provisions concerning protection of privacy and rights of access According to Art. 13, Par. 1, of Legislative Decree No. 196/2003, with regard to the procedure adopted under the competition announcement information: a) the purposes for which data are collected and how to process them relate to the procedures in place at the contractor; b) the provision of data is regarded as a duty. For this reason competitors wishing to participate in the tender are required to provide the documentation requested under current law; the result of any refusal will result in exclusion from the tender or cancellation of any adjudication; c) Persons to whom the information provided may be disclosed are: 1) staff members of the contracting of the unit calling for tender and all those involved in the proceedings, 2) those who participate in the tender when it is held in public session, 3) any other person who is interested and has provided a formal request in accordance with Law 241/1990; d) The rights of the company are as indicated in Articles 7 to 10, Legislative Decree No. 196/2003; e) The subject responsible for collecting data is the unit calling for tenders. Pagina 10 di 10