Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-01-02&atto.codiceRedazionale=14A10032&elenco30giorni=false&atto.tipoProvvedimento=DECRETO
Premise. Within the framework of activities of supervision of public contracts, the authority has determined, on the basis of reports received by the industry, some criticality in procurement procedures of public postal services following the liberalisation of the market intervened. Given the importance of the postal sector in both the domestic market and at Community level, the Authority decided to initiate a procedure for the enactment of a General Act. In order to better understand from a technical point of view the problems highlighted and to ensure compliance with the principle of maximum participation in the decision making on the part of stakeholders, this determination was preceded by the work of a technical table attended by Poste Italiane S.p.A. (Post Office), the major representative associations of the private sector, a few private operators on their own as well as the authority for communications guarantees (Agcom) whose authority responsible for the regulation and supervision of the financial sector postal address. With these guidelines, the authority therefore intends to provide operational guidance to contractors and economic operators concerning the award of public contracts relating to postal services. In accordance with the provisions of the regulation concerning the discipline of regulatory impact analysis (AIR) and verifying the regulatory impact (VIR), the draft of this determination has been subjected to public consultation on the site www.avcp.it and is accompanied by the AIR report, which shows in a more ' spread the criticality encountered, the alternative hypotheses comparing, the reasons for the choices made and the possible effect on contractors economic operators and the market in General. In these guidelines are provided practical guidelines on how to treat problems related to issues that affect specifically the postal sector, while regarding general aspects common to all procedures for the awarding of services please refer to the already represented by authority in General acts (1). These are, in particular: a) the subject of custody and, in particular, the problem of the so called ' bundling ' or entrust the postal service along with other services, upstream or downstream; b) batch delivery Division, considered the market presence of operators active in confined areas; c) the information that must be present in invitations to tender; d) the determination of the amount based on the race, given the problems that have often arisen because of exemption from VAT enjoyed by Poste as the universal service provider; e) subcontracting, particularly the issue of how to consider cross-border mail, mail items entered in the circuit of universal service (mailing), contracts relating to one of the stages of the postal service and the franchise; f) temporary groupings of undertakings, addressing issues related to mergers as overflowing and a chance to change the composition of this grouping for racing plus lots; g) specific requirements for participation, including the need to adopt an average workforce; h) the award criteria and, in particular, how to evaluate stock points within the technical offer (mail undelivered letters management); I) penalties, given the peculiarities of the postal service. The regulatory framework. The internal market for postal services, it was opened up to competition through a gradual process of liberalisation that it was started by the Community legislator in Directive 97/67/EC of the European Parliament and of the Council of December 15, 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service. This was followed by the Directive 2002/39/EC of the European Parliament and of the Council of June 10, 2002 amending Directive 97/67/EC with regard to the further opening to competition of Community postal services and the Directive 2008/6/EC of the European Parliament and of the Council of February 20, 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services (known as the third postal directive). This rule has decreed, with effect from January 2011, the full liberalisation of the postal market in all EU countries. In Italy, therefore, by reason of provisions transposing those directives in our system (2) has seen progressively to the liberalisation of postal services. With the most recent intervention, legislative decree March 31, 2011, # 58 (implementation of Directive 2008/6/EC amending Directive 97/67/EC) of transposition of the third postal directive, it was in fact abolished the last remaining portion of the Postal monopoly. However, the same Legislative Decree No. 58/2011 has entrusted to Poste the universal postal service (3) until April 30, 2026, and he entrusted exclusively to Poste, as Manager of the universal service, the services of notifications by post of judicial and legal instruments relating to breaches of the highway code. On these latter services Poste is therefore still in a monopoly situation (4). It should be noted that the services covered by these guidelines are public postal services entrusted by contracting authorities in accordance with the provisions of parts I and II of the Legislative Decree of April 12, 2006, n. 163 (hereinafter referred to as the code). Therefore not covered by the guidelines public contracts concerning activities relating to the provision of postal services under art. 211 of the code, under the utilities contracts awarded by contracting entities and governed by part III of the code itself. Issues relating to custody of postal services. 1. Public tendering procedures. The legislative framework described above, characterized by the removal of the monopoly and liberalisation, makes the contractors are not subject to part III of the code should entrust public contracts relating to postal services by contractor selection procedures based on principles of evidence publish. Existing legislation (article 4, law decree July 22, 1999, # 261) allows the direct assignment in Poste exclusively the following facilities: a) services related to the service of documents by post and email communications related to the service of judicial law November 20, 1982, no. 890; b) services related to the notifications by post under art. April 30, 1992, 201 Legislative Decree # 285. 2. purpose of custody. Respect to the subject matter of custody of children, a distinction must be drawn between postal service beforehand by downstream and upstream. The postal service, as defined by art. 1, paragraph 2, point a) of Legislative Decree n. 261/1999 is the service which includes the clearance, sorting, transport and distribution (IE. delivery) of postal items, while upstream services can be found in document processing services, composition, printing, enveloping. Downstream services consist of a series of additional services, such as electronic storage/storage of confirmations of receipt. In that regard, it notes that the notices relating to custody of postal services should be prepared according to the general principle that the postal service should be given separately from upstream and downstream services if necessary. In other words, the contractors should entrust the postal service and services upstream with one leg in the form of separate lots, instead of one batch, consisting of integrated services (postal service more upstream services). Contracts should therefore be divided into functional lots, through which entrust separately services upstream and downstream from the postal service, and in a different batch post. What as the Division of functional contracts into lots, in order to facilitate market access of small and medium-sized enterprises, it is to be counted among the principles of the award of public contracts (article 2, paragraph 1-bis of the code). At Community level the new directive 2014/24/EU of the European Parliament and of the Council of February 26, 2014 public procurement 2004/18/EC repealing Directive States, in recital 78 and art. 46, that in order to facilitate the participation of small and medium-sized enterprises and to enhance competition, contracting authorities should be encouraged to divide into lots the large contracts. This Division may be done on quantitative basis, making sure that the full extent of the individual contracts corresponds better to the ability of small and medium-sized enterprises, or qualitative basis, according to the different categories and specializations in attendance, to adapt the content of the individual contracts to specialized fields of small and medium-sized enterprises or in accordance with different stages of the project. Also from technical and economic point of view, there are reasons to believe that the postal service as defined by the legislator is functionally distinct from the other services ahead of the postal service. In confirmation of this, the postal service's upstream activities are also carried out by persons who are not active in the postal market. There are also a number of additional services that can be considered downstream postal service, such as electronic storage/archiving warnings of reception, for which, in order to encourage participation in tendering procedures, it is considered that the contractor may consider additional services within the economically most advantageous tender, rather than integrated services within the lot. Of course their exact location depends on the requirements of the administration. For example, in the case of electronic storage of notices of receipt, the contractor should assess the appropriateness of a separate custody. Finally, there are some services that cannot be considered as ancillary to the postal service, such as the electronic storage of documents, statutory December 23, 2005, n. 266 (Finance Act 2006) (5) that with a view to rationalising expenditure, the forecast may be entrusted to a special batch of unbundling through tender. Should still be prevented that, by providing more services, you encourage your subjects more integrated, which is to be formed new barriers to entry. In this sense, the contractor, within the definition of lots, should assess whether, based on market conditions and possibly as a result of a preliminary investigation on the same, there are companies that can provide services efficiently downstream from the postal service. However, where the contractor can demonstrate with adequate reasons that the subdivision into lots, compared with integrated custody, does not produce savings or an economic efficiency may derogate from the general principle expressed above and proceed to custody with single stage. In other words, the Administration will have to make, determines to contract, the comparative evaluation of interest to perform the contract under conditions most favourable and technically and economically the interest to participation in public tendering procedures by small and medium-sized enterprises. As stated by the authority, the doverosita ' of the subdivision of the contract in order to promote small and medium-sized enterprises cannot be at the expense of public economic order management (6). It is considered that, in view of the fact that transaction costs and management of the contract with more suppliers may involve such as to compensate for the benefits obtainable from the subdivision into lots, for contracts where the value of the service which is the subject of custody and ' content, the contractors can proceed with the integrated postal service custody with that upstream or downstream. You believe you can indicate how the value for joint custody services that matches the Community threshold values. 3. batch delivery Division. From information received by authorities and emerged as the sole operator covering the 100% of the national territory is laid, and that private operators, alone, can regional territorial coverage, or at least over regional. In order to give effect to the liberalisation of the postal market seems necessary that contractors should evaluate in invitations to tender an opportunity to divide the subject of custody plus lots of separate delivery, for example on the basis of homogeneous areas of territory. For these evaluations must consider such things as the number of deliveries expected, the frequency of delivery and the specificity of service. Next to the breakdown by geographical areas, an innovative solution, already used by some contractors, would be to ask the operators, the invitation to tender, and for each lot, to indicate within the offer what the cap on which each contestant is able to guarantee delivery and make the award considering the percentage of area covered (7). The offer of competitors would be assessed on the basis of their chance to operate, calculating how overall price that resulting from adding the price offered for the quota guaranteed and, for services not provided, the product of the universal service and the share price passed it. Basically, if the price offered is equivalent to PS, the price of universal service is part of measure in graphic form, and the amount guaranteed when race is a fraction of the total, the total cost to consider is: part of measure in graphic form the technical score should be assigned proportionally to the service actually provided. The successful bidder would be entrusted only correspondence activities handled by your organization direct and/or indirect, while correspondence that the custodial parent should be mailed (i.e. rely on universal postal service operator) is severed from the contract and entrusted directly to posed by the contractor or by the person who manages the upstream phase of the postal service. In any case, must be guaranteed by the private operator covering at least 80% of normally not exceeding volumes belonging to the lot. This means that the remaining 20% of the service can be postalizzato. This model avoids the phenomenon of mailing to be borne by the successful tenderer, which, as you will see later (paragraph 6) can result in disadvantages for both the private operator for both asked. Also has advantages in terms of contractual liability, as the contractor is only liable delivery activity that handles either directly or through their subcontractors, without incurring any responsibility relating to any breach by the Manager of the universal service. However, again as in tenders so structured should pay close attention to the criteria of evaluation of tenders, such as calibrating the score on the coverage that each competitor can offer. 4. information that must be present in invitations. Given that often the lack of information prevents competitors to make an offer, it is believed that the contractors should indicate in the contract notice, the historic flows of sending and receiving correspondence (cap) diversified the types of postal products (eg. bulk mail and registered mail) and for different weights (weight of submission). What is especially important to whatever the chosen race modes (single stage or more lots, with or without the method outlined in the previous point). Consider that, in the event that it is the successful bidder to be mailed correspondence, these will need to know with sufficient reliability the quota that it can't deliver, to estimate correctly its overall costs. It is believed that the contractor should provide at least the historical fact of the destinations, with an indication of possible corrective measures regarding possible variations that affect delivery (eg. the transition to electronic submission of invoices, changes or you predict can intervene to affect the operation of the contractor, by varying the extent and methods of communication with end users , etc.). It is believed that the information to be provided in the notice must be obtained from the contractor through cheaper methods possible, both for the same contractor that for competitors in the race. First, the contractor cannot claim to third parties any information already in its possession. If, however, the contractor does not have reliable information for the preparation of invitations to tender, but they are in possession of the subcontractor, provision must be made for appropriate machinery for their transfer to the administration. It appears, therefore, appropriate that the contractor should introduce in the obligation to provide all the information you need and provides for penalties for failure to provide such information. 5. Determination of the amount based on race. At the outset, it is recalled that article. 29 of the code provides that "the calculation of the estimated value of public contracts and concessions of public works or services is based on the total amount payable, net of VAT, assessed by contractors." Therefore, the estimated value of public contracts based on race by race should be shown net of VAT. Until the recent novel legislation, an indication of the amount based on the before tax (8), as well as illegitimate, in the case of competitions involving both performance falling within universal service that other benefits could result in the award of a competitive advantage in favor of mails which, in their capacity as Manager of the universal service, it is exempted from the application of VAT for the provision of universal services and therefore could enjoy a reduction of 22% without any efficiency, thanks to a favorable tax laws that do not enjoy other firms in the industry (9). It is noted on August 11, 2014, law # 116 (entered into force on August 21, 2014) conversion of Decree Law June 24, 2014, # 91 (10) (c.d. competitiveness), added to the same article. 32-bis, clarifying that are considered exempt from VAT «universal postal service performance as well as the supply of goods incidental to those carried out by the reporting required to ensure that they are implemented. Excluding the supply of services and the supply of goods incidental thereto, the conditions of which have been individually negotiated "(11). Since the right to enter into individual agreements goes out altogether from the scope of the universal service, with the entry into force of that provision Posed can no longer qualify for any tax exemption, having to apply the tax in all contracts commissioned by public administrations with public tendering procedures. In this case, in fact, put out to tender performance do not fall within the universal service, since the agreements negotiated individually. 6. Subcontracting. Subcontracting, to the extent permitted, it is an institution governed by art. 118 of the code. Invitations to tender for the award of postal services must therefore always admit the possibility of subcontracting may not exceed 30% of the service which is the subject of custody. In accordance with art. 118, paragraph 2 of the code the contractors shall indicate in the contract notice which services may be entrusted in subcontracting. In the case of postal services such indication can be complex, given that economic operators, particularly small-and medium-sized organizations have provided specific, using service contracts, franchise locations, etc., whose legal status has elements of problematicita. It seems, however, to say that it should not be considered contracting out the management of international correspondence and posted on the network of the universal service provider. Regarding the international correspondence, it is believed that the use by the contractor to other partners with which have been initialled agreements does not constitute subcontracting for the purpose of applying quantitative limitations in art. 118 of the code, since this is the only technically feasible mode for performance, because the licenses and permissions are limited to the national territory. That doesn't change the fact that if the operator, by means of agreements with foreign firms, is able to offer improved conditions, these can be evaluated in the context of the economically most advantageous tender. For the attainment of the limit of 30%, it is considered should be computed, in addition to custody to other foreign partners of international correspondence, even the so called «mailing». As for the mailing or delivering it to the universal service provider of private operators match winners of the competitions are not able to deliver, do not seem essential elements typical of may subcontract. The absence of trading, together with the fact that non-can refuse to perform the universal service, suggests that it is obliged to implement legal, technical and economic conditions the successful tenderer (predetermined and negotiated not) more favourable for providing universal service but not to practice the successful tenderer the price eventually offered in the race (12). In any case, it reiterates that offer the contractor should indicate how much of the service which is the subject of the lot and capable of directly providing for a limit, as indicated in paragraph 3, or 20%, below which the offer cannot be considered valid, regardless of whether the posting is made by the competitor (and an estimated cost represents then, a part of the tender) or directly from the contractor (whose cost does not affect the price offered but notes in the quantification of total financial offer). Remember, in fact, that the contest is aimed at identifying the best quality and price for all correspondence sent. Instead, it considers should be designated as subcontracting, and as such within the calculation of the percentage of 30%, the contracts that relate to even one of the stages of the postal service (clearance, sorting, transport, distribution) and the franchise. As highlighted in its opinion on the legislation in September 27, 2012 16/2012 of AG public law case law adopts a notion wider than that of subcontracting for civil and defines it as any kind of contract between the contractor and a third by virtue of which certain performance tendered are not performed by the contractor with your organization and staff but through separate legal entities (State Council, section VI, February 9, 2006 judgment, # 518). In pursuance of those principles, it is believed that the contracts that relate to even one of the stages of the postal service (eg. transport) concluded between the successful bidder of the postal service and third parties should be classified as subcontracts, and thus taken into account in order to achieve the 30% limit. With regard to the franchising, it refers to the judgment of the State Council, section VI, February 9, 2006 # 518, who said that the franchise falls within the concept of subcontracting. The franchise, in fact, is a form of cooperation between undertakings, in which certain subjects, the franchisees, franchisors, products traded using brand and know-how, but through a separate organization, remaining economically and legally distinct from the franchisor. Therefore, if the contractor-franchisors wishing to not run in their own certain benefits, but entrusting them to franchisees who are legally and economically distinct subjects by the contractor, a subcontractor under the code. 7. temporary Groupings of companies. It shows first of all that the notices may not provide for temporary groupings of companies ban in General s.c. «excessive», those participating in the aggregate forms created by companies that have already individually, technical and economic requirements required for participation. This authority, in relation to the possible anticompetitive effects of participation of groupings of undertakings overflowing, has already shown that this type of grouping cannot be prohibited in an absolute sense and quote, but only with specific reference to each individual race and provided that, in practice, such a form of Group endeavours to determine undue and disproportionate competitive compression (13). This has also been confirmed by the administrative jurisprudence (14). In addition to these general considerations, they've got to add some specific order that lead even to question the concept of grouping superabundant in a market such as that of postal services, characterized by the presence of a very limited number of operators able to cover the entire national territory or a substantial part thereof and a variety of smaller operators working in limited contexts. In this case, for example, operators who own formally technical and economic requirements (often linked to turnover) to join the contest you may need some getting associated with other operators, who have such formal requirements, to ensure the effective coverage of the territory present in the lot. The contractor must still evaluate each time, case by case, if the grouping formed by enterprises which individually would be able to join the contest is aimed at excluding other competitors and therefore represent a possible agreement to the detriment of competition by reporting to authorities. Operators have also highlighted how some contractors of national importance, with the peripheral structures, entrust postal services with contests divided into more lots, which correspond to different geographic areas targeted by the correspondence. In these races is frequently introduced the obligation for the competitors plurisoggettivi to maintain the composition of the pool from one batch to another. These clauses do not appear to comply with statutory provisions, since the code provides only for a ban on participation in more than one grouping and the prohibition to participate either individually or in temporary Consortium (article 37, paragraph 7 of the code). The authority, on the basis of administrative jurisprudence, has already had occasion to make it clear that the participation of a subject to two batches of the same race as the mandatory two different groupings of undertakings does not result in the infringement of the prohibition under art. 37, paragraph 7 of the code (15). In fact, if the contract divided into lots, it is substantially in the presence of more races (as many as there are lots) performed in one temporal context: lots, are in fact different competitors, separately aggiudicabili execution of contracts. To this is added the specificity of the postal sector, in which, as already mentioned, a very small number of operators has large enough to compete alone in the more you struggle. A competitor is unable to participate in practice with the more you struggle if he can't join, for each lot, territorial from time to time with other operators covering that particular territory. It follows that the clauses that prevent you from changing the temporary consortium of companies from one batch to another are forcing competitors to create macro groups with businesses in the implementation can make a contribution only in some lots and not in others, ending with forming a consortium between operators who cannot perform any services, as have been placed in groupings only for the contribution that they possibly could make if awarded to a different lot. For these reasons, the provisions in question appear in contrast also with the principles of free competition and maximum participation, set out in art. 2 of the code. 8. Participation requirements. Participation requirements, it can be seen that the notices must include the General requirements laid down in art. 38 of the code. The authority and the administrative jurisprudence have stated that possession, the participants, compelling moral requirements, represents a general principle which also applies in calls directed to the foster care services listed in Annex IIB. In fact, it is a fundamental principle of public economic order that meets the requirement that the person who contracts with the Administration is ' reliable ' and, therefore, meet the criteria of a general nature and morality that the standard types (16). Special character requirements, in order to give maximum opening to competition, but at the same time ensure participation of competitors possess experience and expertise to manage the complexity techniques typical of the service to be contracted, it is considered necessary that the notices require the following economic and financial capacity and technical organizational requirements: economic and financial capacity : balance sheets or extracts of financial statements of the company, namely Declaration signed in accordance with the provisions of the Decree of the President of the Republic December 28, 2000, n. 445; statement, signed in accordance with the provisions of the Decree of the President of the Republic December 28, 2000, n. 445 concerning the total turnover and the amount for the services or supplies in the area of competition, manufactured over the past three financial years (charged specific) worth up to twice that place based on race with the Litigation opinion n. 129 of July 24, 2013 the authority he uttered in connection with the specific revenue requirement. First identified the ratio of provision in commentary in the need to award the contract to a company with a minimum level and sufficient structural capacity and experience. Moreover, it is taken in particular of the correlation the amount of the turnover in the last three years, with the amount based on the race, stating that it is to be considered lawful notice clause requiring a average revenue over the past three financial years up to twice that place-based race, having in this respect also expressed the administrative jurisprudence (cf.. Tar Emilia Romagna, Bologna, Sez. I, April 11, 2008, # 1424). Remains that if the contestant is not able, for important reasons, including that concerning the Constitution or the beginning of activity for less than three years, to provide the references requested, can prove his economic and financial capacity by any other document considered suitable by the contractor. Technical and professional capacity: individual licence pursuant to Ministerial Decree of the Ministry of communications February 4, 2000, # 73, and/or general authorisation pursuant to Ministerial Decree of the Ministry of communications February 4, 2000, # 75 (depending on the services covered by the contract notice) Are subject to advance determinations that will be taken by the Nra at the end of the investigation for the adoption of the regulation on securities habilitation in the postal sector "(resolution No. 485/14/Cons of September 23, 2014, published on October 10, 2014 www.agcom.it website); have played in the past three years, services similar to those covered by the contract, through the presentation of the list of the principal services provided. In this regard, the authority has made it clear that the concept of similar service should not be interpreted in the sense of identical service, but as a similarity between performance, taking into account that the public interest below market opening through the admission to all competitors for whom we can reach an overall assessment of reliability-litigation advice # 120 of July 17, 2013. In the case of postal services can be regarded as similar services provided in the postal sector, different but specific policy object of the notice. This rule applies, unless they are testing with specific requirements (such as date and time certain, signature of receipt, etc.). Even in this case, as already observed for total turnover in relation to the evidence. With regard to the requirement for an average annual manpower, it is believed that in contracts relating to postal services the same cannot be identified as a prerequisite for participation, but should be more properly described as a condition of performance of the contract. In fact, given the particular method of execution of the postal service, not always the participation requirements can be borrowed from those intended for service contracts in art. 42 of the code. In the postal market and the requirement of the average annual manpower in the previous three years, especially for the procurement of a particular size, could be owned only by the former monopolist and a few competitors for certain geographical areas. The demand of possession of average workforce requirement based on historical fact can, therefore, limit participation in the race. However, given that the trader must demonstrate the ability to manage the number of mailings places based on race, the contractor may take, to ensure the reliability of the provider, the proof of ownership of a share of organic, that must be proportionate to the number of items prescribed, in order to avoid penalising excessively participation in invitations to tender. Possession of staff required to carry out the service should be considered as a condition of execution, for which the successful tenderer agrees, then the award, to organize itself in such a way as to reach the level of personnel required by the contract, provided that must be properly certified at the time of signing the contract and maintained throughout its duration. The contractor must of course exercise all appropriate forms of checking to see if the testing condition has occurred and if employment contracts concluded by the successful tenderer transactions. During the technical meeting it was proposed that the minimum should respect the following proportion (17) (of course, the contracting authority may indicate different values following an analysis of the characteristics of the service and the territory to be covered): an attendant every 120,000 ordinary parts to be shipped throughout the year; an attendant every 30,000 registered to ship parts within a year; an attendant each 17,143 pieces of notifications made by put Hall, to be shipped within a year. As regards the description of the technical equipment, the authority has already had occasion to say that the establishment of the requirement of possession of technical equipment to guarantee upon conclusion should not be illogical and not have the effect of restricting participation in the race. In fact, the principles of non-discrimination and equal treatment that inform the regulation of public contracts forbid to set requirements calibrated so as to create territorial barriers to participation or to favour local companies (18). With regard to evidence of possessing the requirements of special character, the new directive 2014/24/EC of the European Parliament and of the Council of February 26, 2014 public procurement 2004/18/EC repealing Directive, art. 60, paragraph 3, provides that proof of the economic operator's economic and financial capacity may be furnished by one or more references listed in annex XII part I of this directive. However, economic operators who for serious reasons is unable to provide the references requested by the contracting authority is entitled to prove his economic and financial capacity by any other document which the contracting authority considered appropriate. 9. award criteria. It is believed that the criterion for the award of the economically more advantageous should form the Prime mode for the award of contracts by postal services. The economically most advantageous tender, in fact, the only criterion for selecting suitable to enhance the solutions both operationally and economically, with the maximum benefit for the contractor. Even at Community level the new guidelines issued in 2014 (19) provide ordinary as a criterion for the award of public contracts to the most economically advantageous tender. The economically most advantageous tender is identified on the basis of the price or cost, following a cost/benefit approach which the life cycle cost, and may include the best value/prezzo, evaluated based on criteria such as quality, environmental and/or social aspects, related to the subject matter of the contract. In the link to it already indicated in General by the authority with regard to the economically most advantageous tender for services and supplies in determining # 7 of November 24, 2011, it should be noted that each contractor must identify the parameters and their scoring criteria based on their own needs. For example, if there are reasons of particular urgency in the delivery, should be further rewarded those offers which allow a reduction proposed in the tender. Given the particular nature of the postal service, which in fact only an operator can currently have an extensive network throughout the country, may be the subject of reviews any workarounds for delivery. For example, with regard to the storage points for collection of mail undelivered letters management, you could reward you with more technical operators presenting a score most points stock, having certain characteristics of security and confidentiality, inesitato management solutions, or expect to be carried out by the contact with the customer and/or a second delivery by appointment. For larger contracts, the contracted stations can evaluate the opportunity to award an additional score and proportionate to businesses in possession of the rating of legality issued by the Authority in accordance with art. 5-ter Decree-Law No 1 January 24, 2012 (20), or equivalent certification issued to foreign companies by other bodies or public authorities. What because this may require the rating of legality exclusively Italian companies with sales exceeding two million. Therefore, in order to ensure effective participation, on equal terms, of small and medium-sized enterprises, it is suggested to introduce such criteria solely for contracts for which the minimum turnover of participation for companies participating in mandatory, quality exceeds that threshold. The rating of legality, in fact, falls within the wider context of measures to combat the illegal behavior of enterprises and the phenomenon of corruption in public procurement, as well as the interference of criminal organisations with enterprise activity which may impede the proper working of the mechanisms of the postal market. 10. Criminal liability. It is believed that penalties should be proportionate to the type and extent of reliance. To this end, the controls must be actual and ensuring compliance with tendering and supply forecasts submitted by the successful tenderer. Self-control provided by operators on the basis of certification of delivery can be a method provided that the contractor is able to match than certificate with the actual performance. In the definition of the penalties you will have to take account also of the posted correspondence at the expense of the custodial parent, for which you will have to take into account that the delivery of mails are beyond the control of the subcontractor. In this case on the part of non-criminal of the subcontractor must be provided if the following conditions are true: a) postalizzati submissions are corresponding to those clearly stated within the technical proposal; b) the subcontractor has complied with the timing for entering into the network of the universal service provided in the tender and the contract. The universal service provider, instead, will answer only to default based on the existing legislation on quality of universal service.
Rome, December 9, 2014 President: Canton filed with the Council Secretariat on December 23, 2014 Secretary: Esposito (1) In particular, as regards the General requirements see determination n. 1 of May 16, 2012; with regard to the economically most advantageous tender in some products and services see determination # 7 of November 24, 2011. Useful information can also be found in kind provided by the authority in accordance with art. 64, paragraph 4-bis of legislative decree April 12, 2006, # 163. (2) Directive 97/67/EC has been transposed by Legislative Decree July 22, 1999, n. 261 (implementation of Directive 97/67/EC on common rules for the development of the internal market of Community postal services and the improvement of quality of service), while Directive 2002/39/EC has been transposed by Legislative Decree December 23, 2003, n. 384 (implementation of Directive 2002/39/EC amending Directive 97/67/EC concerning the further opening to competition of Community postal services). (3) The universal postal service covers a range of essential services to be provided at affordable prices for all users throughout the country. The universal postal service, in accordance with art. 3 of Legislative Decree No. 261/1999, includes the collection, transport, sorting and distribution of postal items up to 2 kg, including the registered items and insured, and parcels up to 20 kg. (4) article. 4 of Legislative Decree No. 261/1999, in the resulting text as a result of changes in art. 1 Legislative Decree 58/2011 stipulates that the services related to the service of documents by post associated with the service of judicial law November 20, 1982, n. 890, as well as the services related to the notifications by post under art. April 30, 1992, 201 Legislative Decree n. 285 (infringements of Highway Code) have relied on an exclusive basis at designated provider of universal service, Poste Italiane, for purposes of public policy. (5) this rule, in art. 1, paragraph 51, provides that, in order to simplify administrative procedures, Governments can enter into agreements with public and private entities for the transfer electronically of items of correspondence to and from government agencies. (6) opinion of AG 18/12 of September 13, 2012-litigation. (7) see the notice of August 10, 2012 race for the award provides public postal services for the management of correspondence to the INAIL CIG Lotto 1:4478631B35; CIG Lotto 2:4478650AE3», which can be viewed at http://www.consip.it. (8) by computing the tax the rate of which is today equal to 22% of the tax base. (9) article. 10, paragraph 1, no. 16 of the Decree of the President of the Republic October 26, 1972, n. 633 (institution and discipline of value added tax) as amended by art. 2, paragraph 4-bis of Decree-Law No March 25, 2010. 40, enacted May 22, 2010, n. 73, provided that are exempt from VAT «universal postal service performance as well as the supply of goods or the supply of services ancillary to these, carried out by the reporting required to ensure that they are implemented. " (10) urgent provisions for agriculture, environmental protection and energy efficiency of school and University buildings, the revival and development of enterprises, the containment of costs imposed on electricity tariffs, as well as for the definition of requirements arising from European legislation. (11) the rule modifies the Decree of the President of the Republic no 633 October 26, 1972, art. 10, first paragraph # 16. (12) As best explained in the report, it is believed that in this respect to be interpreted 728/13/Cons Agcom deliberation. (13) Determination No. 4 of October 10, 2012 and President of Anac September 3, 2014 release. (14) Cons. St., section III, February 5, 2013 n. 689; Tar Lazio, sez.
III, April 9, 2013, # 3558. (15)-litigation advice # 122 of July 19, 2012 and Tar Lazio, sez. ITer, December 9, 2010, # 35960. (16) opinion on the legislation of July 3, 2013, Cons 8/13 AG. St. sez.
Vi, May 21, 2013, # 2725. (17) data were provided by Fise. (18) resolution No. 40 of December 19, 2013. (19) Directive 2014/24/EU public procurement, cited above; 2014/25/EU directive of the European Parliament and of the Council of February 26, 2014 on procurement of entities operating in the water, energy, transport and postal services and repealing Directive 2004/17/EC; 2014/23/EU directive of the European Parliament and of the Council of February 26, 2014 on the award of concession contracts. (20) converted, with amendments, by law No 27 March 24, 2012.
The rating of legality ' see also the Agcm's decision of November 14, 2012, n. 24075 and the Decree of the Ministry of economy and finance and the economic development of February 20, 2014, # 57.
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