Article 57. Social clauses of the tender notice and notices and energy and environmental sustainability criteria.

1. For the assignment of procurement contracts for works and services other than those of an intellectual nature and for concession contracts, tender notices, notices and invitations, taking into account the type of intervention, in particular where it concerns the cultural and landscape assets, and in compliance with the principles of the European Union, must contain specific social clauses which require, as necessary requirements of the offer, measures aimed, among other things, at guaranteeing equal generational, gender and of employment inclusion for disabled or disadvantaged people, the employment stability of the staff employed, as well as the application of national and territorial collective agreements in the sector, taking into account, in relation to the object of the contract or concession and the services to be performed also predominantly, those stipulated by the associations of employers and workers who are comparatively more representative on a national level and those whose scope of application is strictly connected with the activity covered by the contract or concession carried out by the company also in a prevalent manner, as well as guaranteeing the same economic and regulatory protections for subcontracted workers compared to contractor employees and against irregular work. 2. Contracting authorities and granting bodies contribute to the achievement of the environmental objectives set out in the Management Plan action for the environmental sustainability of consumption in the public administration sector through the inclusion, in the project and tender documentation, of at least the technical specifications and contractual clauses contained in the minimum environmental criteria, defined for specific categories of contracts and concessions, differentiated, where technically appropriate, also based on the value of the contract or concession, with decree of the Ministry of the Environment and Energy Security and in accordance, in reference to the purchase of products and services in the collective catering and food supply sectors, also to what is specifically provided for in article 130. These criteria, in particular the rewarding ones, are also taken into consideration for the purposes of drafting the tender documents for the application of the criterion of the most economically advantageous offer, pursuant to article 108 , paragraphs 4 and 5. The contracting authorities economically enhance the procedures for awarding contracts and concessions that comply with the minimum environmental criteria. In the case of contracts relating to the procurement categories referring to renovation interventions, including those involving demolition and reconstruction, the minimum environmental criteria are taken into consideration, as far as possible, depending on the type of intervention and the location of the works to be carried out, on based on adequate criteria defined by the Ministry of the Environment and Energy Security.

Relazione

REPORT Article 57 regulates the social clauses of the tender notice and notices as well as the inclusion, in the project and tender documentation, of the technical specifications and contractual clau...

Commento

NEW • The tender notices, notices and invitations must contain specific social clauses with which measures are requested, as necessary requirements of the offer, aimed among other things at guarantee...
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