Pursuant to art. 88 of the d.p.r. 207/2010 the contract must report in a complete, explicit and exhaustive way:
In the case of availment against a company belonging to the same group, in place of the contract referred to in letter e), the competing company may submit a substitute declaration certifying the legal and economic link existing in the group.
The competitor and the auxiliary entity are jointly and severally liable towards the administration. The competitor can use only one auxiliary person for each requirement. It is not allowed, on PENALTY OF EXCLUSION, that the same auxiliary subject makes use of more than one competitor, and that both the auxiliary subject and the one that makes use of the requirements participate.
In addition to the documentation required in the previous paragraphs of this specification, the competitors who intend to participate in the tender gathered in a temporary grouping already established, must produce the following documentation:
A) SPECIAL COLLECTIVE MANDATE WITH REPRESENTATION conferred by the principals to the qualified group leader, resulting from an authenticated private agreement which expressly states:
2. that this temporary grouping pursues the aim of participating in the tender which is the subject of this specification;
3. that the offer determines the joint responsibility towards the contracting administration of all the subjects belonging to the grouping itself; (if secondary services have been identified): in the case of the principal assuming the secondary service of ____________, the principal’s responsibility is limited to the execution of the same, without prejudice to joint and several liability towards the contracting authority of the agent;
4. that the mandate itself is free and irrevocable and that its revocation for just cause has no effect on the administration;
5. that the qualified party leader has the exclusive representation, including procedural, of the principals vis-à-vis the administration in relation to the contract until the termination of any relationship;
6. the service that will be assigned to each member, it being understood that the functions of ____________ (by way of example: operational director of all the planned works, safety coordinator in the execution and measurement and work accounting phases) must be assumed by a single natural person, even if for the related services they can make use of collaborators, as required by the specifications.
B) PROSECUTOR for the aforementioned mandate and with the same form. The presentation of the special collective mandate with representation and the power of attorney relating to the mandate in a single act is allowed.
If the deed of incorporation of the grouping does not contain clauses required by this paragraph or contains different indications, the grouping itself can be admitted to the tender, subject to regularization pursuant to art. 46 paragraph 1 of Legislative Decree 163/2006, within the peremptory term set by the administration, under penalty of exclusion from the tender.
5. DOCUMENTATION TO BE SUBMITTED BY COMPETITORS WHO HAVE RECENTLY HAD OR ARE IN THE PROCESS OF TRANSFORMATION
The competitor who has recently carried out or is currently undergoing significant changes, corporate transformations or mergers, must submit a substitutive declaration of notary deed, made by the legal representative pursuant to the d.p.r. 445/2000, or its attorney, accompanied by a simple photocopy of an identification document, certifying in detail the subjective and objective changes that have occurred. This declaration will be subject to any subsequent verification by the contracting authority.
As regards the contents, the methods of formulating and signing the technical offer as well as the identification of the elements / sub-elements of evaluation, the relative weights / sub-weights to the axes attributed and the methods for assigning the scores, please refer to in full to the paper called “PARAMETERS AND CRITERIA FOR EVALUATING OFFERS”.
Pursuant to art. 13 of Legislative Decree 163/2006 and subsequent amendments, in the technical offer the competitor may also declare the intention not to allow access by other competitors to the information contained in the offer itself which constitute technical or commercial secrets from identify with adequate motivation.