TERMS AND CONDITIONS GOVERNING THE TENDER PARTICIPATION AND THE CONTRACT

Transcription

1 ICE Pechino TERMS AND CONDITIONS GOVERNING THE TENDER PARTICIPATION AND THE CONTRACT Open procedure (Call for tender) for the provision of structures and furnishings for the Italian participation at the CIMT 2011 Fair (11/ ). 1) General rules and purpose of the bid The Italian Trade Commission (hereinafter ICE) following its Board of Directors Decision n. 243/10, dated November 3 rd is launching an open tender procedure for the provision of all structures and furnishings (including their assembling, maintenance, dismantling and transportation) necessary to the Italian participation at the Beijing CIMT 2011 Fair. On October 22 nd 2010, the prior-information notice has been published on the Official Journal of the European Union n. S206 so as to enjoy the time-limit reduction granted by article 70, paragraphs 7 and 9, of Legislative Decree 163/2006. The tender procedure will be governed by the Call for bids which has been sent to the Official Journal of the European Union for publication on 14//2010 and by these Terms and conditions governing the tender participation and the contract (hereinafter Terms and Conditions) These Terms and Conditions define the tender object and the guidelines for the tender, as well as providing guidance upon the following phases of the procedure, and together with the Technical Specifications - are an integral part of the contract. All aspects not regulated under the above mentioned documents will be governed by the applicable Italian law. Italian and English are the official tender languages for all information and communications. 1.1 Tender documents The tender documents consist of the Technical Specifications, the Technical Report, the Exhibitor s Manual, the Executive Project, these Terms and Conditions, and the Contract Offer form. Under penalty of exclusion from the tender, ICE must receive from the bidder a copy of the Technical Specifications, of the Technical Report, of the Exhibitor s Manual, of the Executive Project, of these Terms and Conditions all duly stamped and signed on every page by the legal representative (or other representative with powers of attorney) as it appears from the bidder s business registration certificate or self-certification form. Instructions concerning the bid (economic offer) presentation can be found under article 5. Attached to these Terms and Conditions are all statement forms and self-certification forms in accordance to the applicable Italian law. The Call for Bids and these Terms and Conditions - as well as the statement and self-certification forms can be downloaded from ICE s website (URL: section lavora con noi, sub-section bandi di gara ). All other tender documents can be downloaded from server ftp.ice.it; account: logoread; password: bk7233cp. 2) Participation requirements and application documents 13//10 Terms and Conditions ENG

2 Together with the economic offer (regulated under article 5), bidders must - under penalty of exclusion from the tender - submit the following documents and statements proving their fulfillment of the participation requirements: a) security deposit receipt (the deposit amount and conditions are regulated under article 4 of these Terms and Conditions); b) two appropriate, original (or authenticated copies of) bank letters of references (or letters of references coming from authorized intermediaries, as described by Legislative Decree 385/1993) no older than three months prior to the date of dispatch of the bid to the European Union Publications Office; c) original (or authenticated copy of) the business registration certificate issued by the Italian Chamber of Commerce, or an equivalent professional register certificate indicating the registration number and data - of the State of incorporation for non-italian companies, issued no earlier than 6 months before the deadline for the presentation of bids in this tender; d) a certification on the bidder s compliance with social contributions (INPS, for Italy) and insurance obligations (INAIL, for Italy), also indicating the social contribution, and workers insurance competent offices and bidder s registration numbers; e) a statement that neither the bidder nor its legal representatives or directors are affected by the tender exclusion causes indicated under article 38 of the Legislative Decree n. 163/2006; under article 45, paragraph 2, letters from a) to g) of the 2004/18/CE Directive; under article 41 of the Legislative Decree n. 198/2006; under article 44, paragraph 11, of the Legislative Decree n. 286/98; f) a statement certifying that the bidder is not involved a situation of control or relationship (as described under article 2359 of the Italian Civil Code), or of a common decision center (as described under article 34, paragraph 2, of Legislative Decree 163/2006), with respect to another company participating in the present tender. Should a control or relationship situation exist, the bidder must declare so and state and prove by any useful document, which must be sent in a separate, sealed envelope that its offer is autonomous (i.e. it has not been affected by the aforementioned control or relationship situation); g) a statement certifying that the bidder is not availing itself of individual plans for disclosure of work performed off the books, as defined under article 1, paragraph 14, of Law n. 266/2002, or that the it has availed itself of individual plans for disclosure of work performed off the books but that the period of disclosure has ended; h) a statement regarding the bidder s global turnover for the years 2007, 2008, and Bids presented by companies, consortia or other temporary groupings of companies which have not reached in said three-year period a minimum turnover of euro ,00 (euro five hundred and twenty thousand/00), excluding VAT, will not be accepted; i) a statement regarding the bidder s turnover for the years 2007, 2008, and 2009 in the specific sector of activity considered by the present tender. Bids presented by companies, consortia or other temporary groupings of companies which have not reached, in said three-year period, a minimum specific turnover of euro ,00 (euro two hundred and sixty thousand/00), excluding VAT, will not be accepted; j) a list of the main contracts carried out in the years 2007, 2008 and 2009, indicating customers, contract object, place of execution, price and square meters. Bids presented by companies, consortia or temporary groupings of companies who have not carried out, in the mentioned three year period, at least a net square meters exhibition contract - for a single customer and in a country other than that of incorporation - will not be taken into consideration. As for temporary groupings of companies, the above mentioned sqm. contract record must be held by the company acting as group leader; k) valid UNI EN ISO 9001:2008 quality certification, (indicating renewals if any have occurred), if the bidder wishes to enjoy the benefit - pursuant to section 75, paragraph 7, of Legislative Decree 163/ of halving the provisional security deposit. To enjoy such benefit each of the companies belonging to consortia or temporary company groupings must be quality-certified; 2 Terms Pagina and conditions

3 l) should the bidder use a subcontractor: a statement indicating the amount of performance it intends to subcontract. Subcontracting is not allowed with regard to the main contract category, and above the limit of 30% of the contract value. Subcontracting is governed by article 118 of Legislative Decree 163/2006 and by paragraph 3.4 of the present Terms and Conditions; m) payment receipt of the special contribution regulated by the decision of the Autorita per la vigilanza sui contratti pubblici di servizi, lavori e furniture dated 1/3/2009 (see also article 5 of these Terms and Conditions on Envelope A Economic offer ), in the amount of Euro 20,00. The receipt must bear the tender identification number: CIG A32 Please note: the statements indicated under letters from c) to k) can be provided in the form of self-certifications according to articles 46 and 47 of the Presidential Decree n. 445/2000 signed by the bidder s legal representative (as it appears from the bidder s business registration certificate or self-certification form, or by other company legal representative with powers of attorney - a copy of which must be also attached), and accompanied by a photocopy of a currently valid identification document of the signer. If the identification document is not valid, the concerned representative may still present its photocopy so as long as he declares in a post note that the data it contains are still valid. The statement and self-certification forms provided by ICE among the tender documents may be used for the purposes above. Should non-italian bidders wish to prove the fulfillment of the above mentioned requirements by means of documents written in languages other than the official tender languages (Italian and English), said documents will have to be submitted under penalty of exclusion - in the form of authenticated, sworn translations. Foreign language documents will not be accepted in any other form. 3) Admission to the tender procedure 3.1) Temporary groupings of companies Pursuant to article 37 of Legislative Decree 163/2006, consortia and temporary groupings of companies may bid for the present tender. For temporary groupings, the global and specific turnover requirements must be fulfilled under penalty of exclusion from the tender by the group leader (60%) and by each of the other grouped companies (10% minimum each). Under penalty of exclusion from the tender, the technical requirement (a net sqm. exhibition contract, for a single customer and in a country other than that where the company is incorporated) must be entirely fulfilled by the group leader. We remind you that in case of associated participation in the present tender (through company groupings or consortia), all of the documents listed under article 2) of the present Terms and Conditions, letters from b) to k), must be submitted individually by each of the companies belonging to the consortium or grouping (the statements indicated by letters a), l) and m) must be submitted only once). The documents must bear a clear and readable signature of each company s legal representative (if power of attorney has been granted, a copy of said document must be submitted too). In order to enjoy the condition described under letter k) above, each of the companies belonging to a consortium or temporary grouping of companies must be quality-certified. Groupings must in addition submit a Temporary Grouping Statement (please use the attached form) indicating its members and specifying each grouped company s registered commercial name, registered office address, and legal representative. The same statement must also contain a commitment by the grouped companies to issue should they be awarded the contract a 3 Terms Pagina and conditions

4 special power of attorney to the temporary grouping s leading company, which must be identified in the same statement. Grouped companies must also clearly indicate the services/supplies provided by each group member. The above mentioned statement must be signed by the legal representatives of all companies belonging to the grouping. The signatures must be certified as required by law (i.e., photocopies of appropriate, valid identification documents of the signers must be annexed). Under penalty of exclusion from the tender, a company can not simultaneously bid for this tender individually and as a member of a grouping or a consortium, nor can it simultaneously belong to more groupings and/or consortia. 3.2) Consortia As for the consortia operating as described by letters b), c), and e) of article 34, and by articles 36 and 37 of Legislative Decree 163/2006, all of the documents listed under article 2 of the present Terms and Conditions (including the quality certification) must be submitted and signed, clearly and readably, by the legal representatives (or other representative with powers of attorney in this case annex copy of said document) of each of the companies belonging to the consortium who will share the execution of the contract, and if already constituted - by the legal representative of the consortium itself. The consortia must also indicate which consortium members will be executing the contract in case of award, whilst the bid must also indicate their respective, specific contract performance. 3.3) Availment (described under article 49 of the Legislative Decree n. 163/2006) With reference to article 49 of Legislative Decree 163/2006, should an individual bidding company (availing company) - or a company belonging to a temporary grouping or consortium, or the consortium itself - avail itself of another company s (auxiliary company) financial and/or technical capacity, without territorial limits, so as to fulfill the minimum technical and financial participation requirements, said company will have to submit, under penalty of exclusion, the following documents in addition to the credentials described under article 2 : a) statement from the bidder/availing company (signed by its legal representative if signed by a different representative with powers of attorney, annex a copy of said document) declaring that it intends to avail itself of the auxiliary company s financial and/or technical capacity, with a clear identification of the auxiliary company and of the capacity elements it wishes to avail itself of; b) statement from the auxiliary company (signed by its legal representative - if signed by a different representative with powers of attorney, annex a copy of said document) pursuant to DPR 445/2000, or equivalent self-certification for non Italian companies (in both cases, under penalty of exclusion, annex copy of a valid identity document of the signatory) by which it declares the fulfillment of the following conditions: nonexistence both for the company and for its legal representatives and management of the causes for tender exclusion regulated under article 38, paragraph 1, letters from a) to m-bis), of Legislative Decree n. 163/2006; and under article 45, paragraph 2, letters from a) to g), of European Directive 2004/18/CE; nonexistence - for the company of the causes for tender exclusion regulated under paragraph 14 of article 1 of Law 383/2001; under paragraph 1 of article 13 of Decreto Legge n. 223/2006, converted into Italian Law 4 Terms Pagina and conditions

5 248/2006; under article 41 of Legislative Decree 198/2006; under paragraph 11 of article 44 of Legislative Decree 286/1008; nonexistence - for the company of any other causes for tender exclusion or for incapacity to contract with public procurement bodies; full and unconditional commitment to the bidder/availing company and to the tendering body to make its own materials, structures, and resources available to the main bidder, detailing which materials, structures, and resources will be made available; that it is not participating neither individually, nor in any other form, as described by article 34 of Legislative Decree 163/ in the present tender procedure; that it is not involved a situation of control or relationship (as described under article 2359 of the Italian Civil Code), or of a common decision center (as described under article 34, paragraph 2, of Legislative Decree 163/2006), with respect to another competing company. Should a control or relationship situation exist, the auxiliary company must declare so and state and prove by any useful document, which must be sent in a separate, sealed envelope that its offer is autonomous (i.e. it has not been affected by the aforementioned control or relationship situation); tha t the company is not bidding individually or in any other form pursuant to article 34 of Legislative Decree 163/2006 for the present tender; that no bidder other than the availing company is availing itself of the auxiliary company s economic or technical requirements; name, place of birth, residence, and rank of the auxiliary company s - owner, in case of sole proprietorship; stakeholders, if general or limited partnership; authorized company representative, for any other type of incorporated company; - technical director; - the persons who, in the previous three years, have held the abovementioned positions; consent pursuant to article 13 of Legislative Decree 196/2003 to its data collection and processing within the present tender procedure. c) original or authenticated copy of the availment contract, by which the auxiliary company commits itself to provide the bidder/availing company with all necessary means for the execution of the contract. Alternatively, in case of availment of a company belonging to the same group, a statement, signed by the bidder s legal representative, stating the group s composition and juridical link. We remind you that the quality certification must be possessed by the bidder and, therefore, is not a requirement which can be provided by the auxiliary company. We also remind you that submitting false statements will result not only in the consequences indicated under articles 38, letter h), and 49, paragraph 3, of Legislative Decree 163/2006, but also in the exclusion form the tender and the seizure of the provisional security deposit. The availing and the auxiliary company are jointly and severally liable for their obligations towards ICE. 3.4) Subcontracting Subcontracting is not allowed with regard to the main contract category, and above the limit of 30% of the contract value. Bidders who intend to sub-contract should state so in their offer. In case the awarded contractor has declared its intention to sub-contract, the sub-contractor s fees will be paid by ICE to the awarded contractor directly, and the latter must inform ICE about the former s share and fee of contract performance. The awarded contractor must also forward to ICE 5 Terms Pagina and conditions

6 copies of the sub-contractor s payment confirmations within 20 days of each payment being made by the awarded contractor. For any other aspect, please refer to article 118 of Legislative Decree 163/ ) Provisional and definitive security deposit Under penalty of exclusion from the tender procedure, each bid must be accompanied by a security deposit amounting to 2% of the expected total contract value (euro 5.200,00). The deposit can be provided for alternatively by 1. a deposit in cash or government securities on the account nr in the name of Istituto nale per il Comme - at Monte dei Paschi di Siena Bank - sport. ICE; SWIFT PASCITMMROM; IBAN IT28P ; 2. bank guarantee or insurance policy, which should remain valid for a minimum period of 180 days following the bid submission date. The security deposit may be reduced to 1% of the presumed contract value should the bidder be ISO 9001:2008 certified. In that case, the original (or authenticated copy of the) quality certificate must be enclosed. Security deposits below the above mentioned amount will result in the exclusion from the tender. The provisional security deposit which must have a validity of no less than 180 days from the date of issuance - will be returned to all non-awarded bidders within 60 days from the contract award date, and upon the contract stipulation to the awarded bidder. Furthermore, pursuant to article 75, paragraph 8, of Legislative Decree 163/2006, the bidder must under penalty of exclusion from the tender submit the guarantor s commitment to provide a guarantee (bank guarantee or insurance policy) for the contract execution in case of contract award, according to article 113 of Legislative Decree 163/2006 and to the instructions below. The awarded bidder must provide a definitive security deposit within 15 days from communication of the contract award for the contract to become effective. The deposit must be constituted according to the rules set by article 113 of the Legislative Decree 163/2006. Should the awarded bidder fail to provide said deposit, ICE will seize the provisional security deposit while reserving the right to claim for further damages. Under penalty of exclusion from the tender procedure, both provisional and definitive security deposits must waive the right of enforcement against the principal debtor, and waive the exception indicated by article 1957, paragraph 2, of the Italian Civil Code. Both provisional and definitive security deposits must be payable within 15 days of ICE s request. The definitive security deposit whose amount will be calculated on the awarded contract price and according to the rules set by article 113 of the Legislative Decree n. 163/ must remain valid for at least six months after the period of contract effectiveness, or, in any case, until the contract is fully and correctly executed. Therefore, the deposit will be released, after deduction of any credits ICE may have towards the contractor, only after the full and correct execution of the contract and expiry of the above mentioned terms. In any case, the guarantor will be released from his security obligation only with ICE s written consent, which will be communicated to the awarded contractor. Should the security deposit be reduced below the above stated amount following the enforcement of penalty clauses, the awarded contractor must restore it within 10 days of receiving ICE s written request. 6 Terms Pagina and conditions

7 Should the awarded contractor fail to fulfill its obligations as described under the present article - as well as any obligation deriving from the awarded contract - ICE reserves the right to seize the definitive security deposit while also reserving the right to claim for any further damage suffered. 5) Bid presentation rules Under penalty of exclusion from the tender, the bid and all other prescribed documents must be sent in a single parcel which must be completely closed and sealed so as to guarantee its secrecy and integrity. The parcel must bear the bidder s name (in case of company groupings, the names of all group members) and the following caption: DO NOT OPEN Contains bid for the provision of structures and furnishings for the Beijing CIMT 2011 Fair Under penalty of exclusion from the tender, the bids must be received within.00 AM on January 10 th 2011 at the following address: Italian Trade Commission Beijing Office Rm. 3802, Jing Guang Center Hu Jia Lou, Chaoyang District Beijing P.R. CHINA The bidder s must also clearly indicate its contact details (address, telephone and fax numbers, e- mail). The properly closed and sealed parcel must contain two envelopes, also properly closed and sealed, bearing both the bidder s name and their content as described below: Envelope A: Tender participation documents Envelope B: Economic offer Bids arriving after the above mentioned deadline will not be taken into consideration. Bidders shall bear all risks connected to postal mishandling, failure to deliver the bids, or envelope conditions upon arrival. Bids which will be deemed void. are conditioned, or do not clearly accept all tender conditions, or raise doubts as to the bidder s will to accept all conditions or as to the offered price even if sent before, are delivered after the above mentioned deadline, Envelope A: Tender participation documents Under penalty of exclusion from the tender, the envelope marked as Envelope A: Tender participation documents must contain: a) Technical Report, Technical Specifications, Executive Project, Exhibitor s Manual and these Terms and Conditions governing the tender participation and the contract. Under penalty of exclusion from the tender, all of the above must be stamped and signed on each page by the bidder s legal representative; b) the participation documents indicated under article 2 of these Terms and Conditions; 7 Terms Pagina and conditions

8 c) provisional security deposit; d) receipt (original or photocopy in the latter case it should be accompanied by a statement by the bidding company s legal representative declaring the copy s authenticity and by a photocopy of the legal representative s valid identification document - of the payment of the special contribution regulated by the decision of the Autorita per la vigilanza sui contratti pubblici di servizi, lavori e forniture dated 1/3/2009. The receipt must bear the tender identification number: CIG A32 and the amount of euro 20,00. (for info regarding the payment of said contribution to the Autorita per la vigilanza sui contratti pubblici di servizi, lavori e forniture, please visit Lack of any of the documents mentioned under letters from a) to d) will result in the bidder s exclusion from the tender. Envelope B: Economic offer The economic offer must be contained in a closed and sealed envelope bearing the caption Envelope B: Economic offer. Further to the economic offer, the envelope must contain the metric computational estimate with an indication of the individual items prices that concur to the overall economic offer. It is within the bidder s faculty to provide justifications regarding single items prices. Examples of relevant justifications include, but are not limited to: - economy of the construction/manufacturing/service providing method; - economy of the technical solutions; - exceptionally favorable conditions the bidder can enjoy; - project or supply originality; - possibility of the bidder being granted a State-aid measure; - any other justification which the bidder may consider relevant. Under penalty of exclusion from the tender, the economic offer must be signed on each page by the bidder s/consortium s/temporary group leader s legal representative (for consortia or temporary groupings which are yet to be constituted, the economic offer must be signed by the legal representative of each company that will take part in the consortium/temporary grouping in case of contract award). The economic offer, which may be expressed using up to three decimal numbers, may be submitted using the Contract Offer form (which is part of the tender documents, as mentioned under article 1 of these Terms and Conditions). Alternatively, the bidder may use its own form. In the latter case, the offer must include all terms and conditions that appear on the Contract Offer form, and be expressed according to the conditions prescribed by ICE. Any economic offer that does not conform to the instructions above will be excluded from the tender. If the economic offer is expressed using more than three decimal numbers, the numbers beyond those three will not be taken into account. In case of discrepancy between the bid amount as expressed in letters and in numbers, the amount most advantageous for ICE will be taken into consideration. Economic offers above the contract s value ceiling - as well as conditional, undetermined or multiple offers will not be accepted and will be consequently excluded from the tender. 6) Bid evaluation sessions The contract will be awarded according to the lowest price criterion. 8 Terms Pagina and conditions

9 During the first public evaluation session, scheduled for January 17 th, 2011, AM, the Evaluation Commission (hereinafter Commission) that will have been specifically designated by ICE s Director General will open the parcels during one or more sessions, and will: verify date, time, and integrity of arrival of the parcels, and ascertain that they bear the required caption, excluding the parcels that do not fulfill the requirements; open the admitted parcels; verifies the presence of the two envelopes (Tender participation documents, and Economic offer); verify that the documents are complete and fulfill all tender requirements, and may exclude bids consequently. As for incomplete bids, ICE reserves the faculty its decision being unchallengeable - of asking the bidders for a document integration pursuant to article 46 of Legislative Decree 163/2006; verify that companies belonging to a consortium or grouping are not simultaneously participating in the tender in any other form. Should this be the case, the Commission excludes both the company and the consortia or groupings to which it belongs; verify that the auxiliary companies (in case of availment) are not simultaneously participating in the tender in any other form (included availment from other bidder); verify the fulfillment of the economic, financial and technical requirements. In the following public sessions, the Commission pursuant to article 48, paragraph 1, of Legislative Decree 163/2006 will draw a number of bidders equal to 10% of the admitted bids, rounded up to the next integer, who will be asked to prove, within ten consecutive days from the date of ICE s request, the fulfillment of the economic, financial and technical requirements. Please note: ICE reserves the right of verification pursuant to article 48, paragraph 1, of Legislative Decree 163/2006 with respect to all bidders who, judging from the statements they ve submitted, appear to fulfill the tender requirements. Should ICE not exercise said right, ICE - before the definitive contract award and contract signing - will perform the verification on the fulfillment of the economic, financial and technical requirements and on the absence of causes of exclusion (pursuant to articles 41, paragraph 4; 42, paragraph 4; and 48, paragraph 2 of Legislative Decree 163/2006) with respect to the best and second best bidder. Furthermore, the contract signing will be subordinated to the verifications against organized crime prescribed by the relevant laws. With reference to the global turnover and to the specific turnover, the verification will be conducted only up to the minimum amount required for qualification. The technical qualification will be verified against the specific turnover statements, or other statements, provided by the bidders. In order to prove the actual fulfillment of the requirements (stated by the bidders), ICE will ask the bidders the following documents: Global turnover: authenticated copy of balance sheets or income tax returns; Specific turnover and main contracts list: certificates of good performance issued and signed by public contracting agencies - or statements of good performance issued and signed by private contracting companies - which clearly state the contract value. Alternatively, invoices or contracts in original or authenticated copy. Please note: in order to prove the technical requirements fulfillment, the documents submitted by the prospective bidder pertaining to the financial and technical requirements must give evidence that the bidder has carried out at least a square meters booth construction contract, for a single customer and in a country other than that where the company is incorporated. If necessary, the execution of said contract may be proved through any other relevant document. Any document not bearing the signature and stamp of the customer will not be accepted. 9 Terms Pagina and conditions

10 We remind you in case the contract is awarded to a temporary grouping of companies (both existing and to be constituted, pursuant to articles 34, paragraph 1, and 37 of Legislative Decree 163/2006), all the group companies will undergo the above mentioned verifications. Should the contract be awarded to a consortium - pursuant to article 34, paragraph 1, letters b), c) and e), of Legislative Decree 163/ both the consortium and the member companies that will execute the contract will undergo the verifications. Following the verification of the requirements, the Commission will call a new public session (all bidders will be promptly informed about date, place and time), during which the Commission will: open the envelopes containing the economic offers; read out the economic offers; rank the bids in descending order single out abnormally low bids, as defined by article 86, paragraph 2, of Legislative Decree 163/2006. Should some bids result abnormally low, ICE will open a verification sub-procedure pursuant to article 87 of Legislative Decree 163/2006, following which the provisional ranking will be formulated. Should two or more bids get the same score, their ranking will be decided by public draw, pursuant to article 77 of R.D. 827/1924. Only one legal representative or other authorized representative for each bidder will be admitted to public sessions. ICE reserves the right to make all verifications provided for by the law on the truthfulness of bidders self-certifications, and to exclude those companies whose declarations have been proved to be untruthful (further to the application of article 76 of DPR 445/2000). ICE will then make all necessary verifications with regard to the best and second best bidder, pursuant to article 48 of Legislative Decree 163/2006. ICE will then ask the best bidder to submit, within an assigned time limit, all documents which are necessary to the contract signing. Should the documents not be correctly and fully submitted within the deadline without a valid explanation, ICE will revoke the provisional contract award in favor of the second best bidder. Furthermore, ICE will seize the provisional security deposit while also reserving the right to claim for further damages. In any case of revocation of the provisional contract award or of contract resolution, ICE reserves the right to award the contract to the second best bidder (as it appears from the final evaluation ranking), at the same conditions originally set by the tender rules. 7) Contract award communication ICE will declare the final contract award within the time limits set by Legislative Decree 163/2006 and after all due verifications. The contract signing is conditioned to ICE receiving documentary proof that the definitive security deposit as described above has been constituted. We remind you that pursuant to article 16 bis, paragraph 10, of Law 2/ the obligation to require the DURC certification (Documento Unico di Regolarita Amministrativa) falls on ICE. Moreover, should the contract be awarded to a temporary grouping of companies, ICE must receive the private deed regulated by article 37 of Legislative Decree 163/2006. The contract may be signed by ICE s legal representative or by an authorized delegate, in public or private form, according to law, and if necessary by mail exchange according to commercial practice. In any case, the contract will only be signed after 35 days after the definitive contract award or the communication to all bidders about the tender final result. 8) Further information 10 Terms Pagina and conditions

11 The award will be made even if only one bid is presented, provided the offer is found to be valid and eligible for acceptance by the awarding commission. If no bid fulfills said requirements, ICE reserves the right not to award the contract. Bidders will not be remunerated for their bids. As an integration to article 8 of the Technical Specifications, the awarded contractor shall comply with article 3 of Law 136/2010 (concerning financial traceability). 8.1) Rules governing privacy and right of access Pursuant to article 13, paragraph 1 of Legislative Decree n. 196/2003, with respect to the procedure established for calls for tenders, the attention of bidders is called on the following provisions: a) the purposes for which the collected data are to be used, and the methods of processing said data, concern exclusively the procedure followed by the contracting party; b) data provision of is considered a duty, and therefore a competitor intending to participate in the tender must provide the required documentation pursuant to current regulations; refusal would result in exclusion from the tender or forfeiture of any award; c) parties to whom the data can be transmitted are: 1) ICE personnel and all persons involved in the procedure; 2) parties participating in the tender when held publicly; 3) any other interested party who files a formal request pursuant to Law n. 241/1990; d) the rights of the interested party are those indicated under articles 7 to 10 of Legislative Decree n. 196/2003; e) the tendering body is the data-collecting party. 8.2 Contract registration and expenses Should the contract be registered, all relative expenses will be borne by the appointed contractor. All accessory expenses will also be borne by the contractor. 8.3) Place of jurisdiction Any dispute arising between ICE and the appointed contractor from or in connection with this contract shall be submitted to the Rome Court of Justice. 8.4) Prohibition of credit transfer Pursuant to article 60 of the Italian Civil Code, it is prohibited for the awarded contractor to transfer to third parties any credit it may hold towards ICE for whatever cause. 8.5) Prohibition of contract transfer During the period of its validity, contract transfer and unauthorized subcontracting is absolutely prohibited, under penalty of de jure contract resolution and seizure of the security deposit. The contractor can not sign supply contracts in ICE s name. The appointed contractor is exclusively liable for all obligations it enters into in view of the execution of the awarded contract. ICE will not be liable for any claims coming from any contracting or third party. 8.6) Other applicable rules All instances not specifically regulated by the tender documents will be subject to the general rules of Legislative Decree 163/2006 and of the Italian Civil Code. 11 Terms Pagina and conditions

12 The appointed contractor must also comply with all laws and by-laws in force and which may come into force during the contract validity at the national and local level. The bid manager is Mr. Antonino Laspina, Director of the Italian Trade Commision Beijing Office. Enquiries regarding the tender procedure can be directed to Mr. Enrico Condemi (tel ; fax ; Questions of a technical nature may be addressed to Arch. Maria Paola Pagliari, (tel ; fax ; mp.pagliari@ice.it; progettazione@ice.it). Should the tender documents be integrated or modified, said amendments will be communicated through ICE s website ( lavora con noi section, bandi di gara sub-section). Notices concerning variations of the time limit for bid presentation, or variations of the public sessions dates, will also be notified with a minimum 8 days advance on ICE s website. By submitting their bid, bidders fully accept that said web-based publication will be equal in its effects to a formal communication, and undertake to periodically check ICE s website. Place and date Signature of the bidder s legal representative Terms Pagina and conditions