Annex II.3 Disabled or disadvantaged individuals to whom participation in tenders may be reserved.
(Article 61, paragraphs 4 and 5)
1. The economic operators required to draw up the report on the personnel situation, pursuant to article 46 of the code of equal opportunities between men and women referred to in legislative decree 11 April 2006, n. 198, produce, under penalty of exclusion, at the time of submitting the application for participation or the offer, a copy of the latest report drawn up, with certification of its conformity with the one sent to the company trade union representatives and to the councilor and the regional equality councilor pursuant to paragraph 2 of the aforementioned article 46, or, in case of failure to comply with the terms set out in paragraph 1 of the same article 46, with certification of its simultaneous transmission to the company union representatives and to the councilor and the regional equality councilor.
2. Economic operators, other than those indicated in paragraph 1 and who employ a number equal to or greater than fifteen employees, within six months of the conclusion of the contract, are required to deliver to the contracting authority a gender report on the situation of male and female staff in each of the professions and in relation to the state of hiring, training, professional promotion, levels, changes in category or qualification, other mobility phenomena, the intervention of the Redundancy Fund, dismissals, early retirements and retirements of the salary actually paid. The report referred to in the first period is sent to the company trade union representatives and to the councilor and the regional equality councilor.
3. The economic operators referred to in paragraph 2 are also required to deliver, within the deadline set by the same paragraph, to the contracting authority the certification referred to in article 17 of law no. 12 March 1999. 68, and a report relating to the fulfillment of the obligations referred to in the same law and any sanctions and measures imposed on them in the three-year period preceding the deadline for submitting offers. The report referred to in this paragraph is sent to the company trade union representatives.
4. The contracting authorities provide, in the tender notices, notices and invitations, specific clauses aimed at the inclusion, as necessary requirements and as further reward requirements of the offer, of criteria aimed at promoting youth entrepreneurship, the employment inclusion of disabled people, gender equality and the hiring of young people, under the age of thirty-six, and women. The content of the clauses is determined taking into account, among other things, the principles of free competition, proportionality and non-discrimination, as well as the object of the contract, the type and nature of the individual project in relation to the employment profiles required, the principles of European Union, the indicators of the expected objectives in terms of female and youth employment and the employment rate of disabled people by 2026, also taking into account the corresponding average values as well as the corresponding average European sector indicators in which the projects are carried out. Without prejudice to the provisions of paragraph 7, it is a necessary requirement of the offer to have fulfilled, at the time of submission of the offer itself, the obligations set out in law no. 68 of 1999, and the assumption of the obligation to ensure, in the event of award of the contract, a share equal to at least 30 percent of the hiring necessary for the execution of the contract or for the implementation of activities connected or instrumental to it , both youth employment and female employment.
5. Further reward measures may include the assignment of an additional score to the bidder or candidate who: to discriminatory acts or behaviors pursuant to article 44 of the consolidated text of the provisions concerning the regulation of immigration referred to in Legislative Decree 25 July 1998, n. 286, of article 4 of the legislative decree 9 July 2003, n. 215, of article 4 of the legislative decree 9 July 2003, n. 216, of article 3 of law 1 March 2006, n. 67, of articles 35 and 55-quinquies of the code of equal opportunities between men and women referred to in legislative decree no. 198 of 2006, or article 54 of the consolidated text of the legislative provisions regarding the protection and support of maternity and paternity referred to in legislative decree 26 March 2001, n. 151;
b) uses or undertakes to use specific tools for reconciling the care, life and work needs of its employees, as well as innovative ways of organizing work;
c) undertakes to hire, in addition to the minimum percentage threshold envisaged as a participation requirement, disabled people, young people, under the age of thirty-six, and women for the execution of the contract or for the realization of activities connected or instrumental to it;
d) has, in the last three years, respected the principles of gender equality and adopted specific measures to promote equal generational and gender opportunities, also taking into account the between men and women in hiring, salary levels and the awarding of top positions;
e) has, in the last three years, respected the obligations set out in law no. 68 of 1999;
f) has presented or undertakes to present for each of the financial years included in the duration of the procurement contract, a voluntary declaration of a non-financial nature pursuant to article 7 of the legislative decree 30 December 2016, n. 254.
6. The procurement contracts provide for the application of penalties for the contractor's failure to comply with the obligations referred to in paragraph 2, paragraph 3 or paragraph 4, commensurate with the seriousness of the violation and proportional to the amount of the contract or the performance of the contract. The violation of the obligation referred to in paragraph 2 also determines the impossibility for the economic operator to participate, individually or in a temporary group, for a period of twelve months in further award procedures.
< p>7. The contracting authorities may exclude the inclusion of the participation requirements referred to in paragraph 4 in the tender notices, notices and invitations, or establish a quota lower than that provided for in the same paragraph 4, giving adequate and specific justification, if the object of the contract, the type or nature of the project or other specifically indicated elements make its inclusion impossible or conflicting with the objectives of universality and sociability, efficiency, cost-effectiveness and quality of the service as well as optimal use of public resources.< /p>8. With guidelines from the President of the Council of Ministers or from the Ministers or authorities delegated for equal opportunities and the family and for youth policies and universal civil service, in agreement with the Minister of Infrastructure and Transport, with the Minister of Labor and social policies and with the Minister for Disabilities, to be adopted within sixty days of the entry into force of the code, the methods and application criteria of the measures provided for in this article are defined, reward measures are indicated and model clauses are prepared to be included in the tender notices differentiated by sector, type and nature of the contract or project.
9. The reports and reports envisaged by paragraphs 1, 2 and 3 are published, pursuant to Article 28, paragraph 3, of the code and communicated to the Presidency of the Council of Ministers or to the Ministers or delegated authorities for equal opportunities and the family and for youth policies and universal civil service.
