Article 102. Commitments of the economic operator.

1. In the tenders, notices and invitations, the contracting authorities, taking into account the service covered by the contract, require economic operators to undertake the following commitments: a) guarantee the employment stability of the personnel employed; b) guarantee the application of the national and territorial collective agreements of the sector, taking into account, in relation to the object of the contract and the services to be performed, even predominantly, those stipulated by the associations of employers and workers who are comparatively more representative on a national level and of those whose scope of application is strictly connected with the activity covered by the contract or concession carried out by the company, even predominantly, as well as guaranteeing the same economic and regulatory protections for subcontracted workers compared to the contractor's employees and against irregular work; c) guarantee equal generational, gender and work inclusion opportunities for disabled or disadvantaged people. 2. For the purposes referred to in paragraph 1, the economic operator indicates in the offer the methods with which intends to fulfill those commitments. The contracting authority verifies the reliability of the commitments undertaken by any appropriate means, including with the methods referred to in article 110, only in relation to the successful tenderer's offer. EFFECTIVE FROM: 1 July 2023


Article 102 identifies the social commitments that the contracting authority requires the economic operator to undertake in tenders, notices and invitations, taking into account the service covered by...


NEW • The request for the express commitments mentioned by the standard is an absolute novelty. • In the offer the economic operator must indicate the methods of fulfillment for the aforementioned c...
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