The purpose of the contract is to provide environmental hygiene services, in accordance with the organisation and procedures described in more detail in the technical documents, at the facilities, sites and landfills managed by this Sistema Ambiente Provincia di Napoli SpA.
The characteristics of the services are better described in the technical specification.
The places of performance of the contract are those identified in the technical specification.
In this contract, the impact of labour costs, calculated on the basis of the average hours worked set out in the table relating to the calculation of the ‘average hourly cost of staff employed by undertakings providing cleaning, pest control, integrated/multi-service services’ for the Region of Campania, annexed to Ministerial Decree No 13.2.2014, is not more than 30.00 % in total, so that the contract referred to in this procedure is not among the labour-intensive contracts. However, in order to promote the employment stability of the staff currently employed to perform environmental hygiene services at the Client’s premises, within the meaning of Article 50 (1) of Legislative Decree No 50/2016, the successful tenderer must apply the rules governing the change of contract laid down in the sectoral collective agreement.
Failure to comply with the above mentioned social clause will be assessed by the Client as a professional misconduct such as to cast doubt on his integrity or reliability in the performance of the contract and, therefore, all the resulting measures will be taken.
The duration of the contract is set at 12 months from the date of actual commencement of the activities, which must be indicated in the appropriate report drawn up in the inter partes procedure, unless the relevant amount has been exhausted before the expiry of the contract.
This is without prejudice to the Client’s right to activate the options referred to in Article 3 of the Special Specifications.
We would point out that Article 14 (3) of Regional Law No 5.4.2016 of 6, published in the Official Gazette of the Region of Campania No 22 of 5.4.2016, stated that ‘during the transitional stage of the reorganisation of the waste cycle, pending the awards to be made by the government bodies in the optimal areas, the activities assigned to provincial companies in accordance with the rules in force shall continue’. Therefore, the Client will continue to carry out his institutional activity, on the basis of the legal provisions, until a new service manager is identified.
In the light of the above, we would point out that this tender procedure is subject to the provisions of Article 40 of Regional Law No 26.5.2016 of 14, published in B.U.R.C. No 33 of 26.5.2016, so if the termination of the Client’s powers occurs during the performance of this award procedure or before the conclusion of the contract or during its performance, the new operator of the service will have the right to continue or not to continue the activities relating to the contract.
See the special terms of reference (Article 2 (2.3) and (2.2)) for cases of cancellation of the procedure and early termination of the negotiating relationship.
The service is expected to start in 2.1.2018.
If the conditions are met, the RULP may authorise the early performance of the services covered by the contract, in accordance with Article 32 (13) and (8) of Legislative Decree No 50/2016, which has become effective.
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