Podrobnosti javnega razpisa
Status
Datum oddaje
07/06/2019
Datum odgovora
12/06/2019
Jezik
Status
Odgovorjeno
Podrobnosti o vprašanju
Predmet
Documents for “personnel”
Vprašanje
According to point 2.4 of the tender specification, "The following shall not be considered subcontracting: ... d) Use of staff without employment contract (“self-employed persons working for the contractor”) to perform substantially the same tasks as the staff with employment contract (“employees”), without the tasks of the self-employed persons being particular well-defined parts of the contract. The persons mentioned in points a), b), c) and d) above will be considered as “personnel” of the contractor as defined in the contract." We kindly ask you what kind of documents we need to submit. We can submit only the CV?
Odgovor
12/06/2019
Identified subcontractors are required to provide the tenderer with a commitment letter (model in Annex 5.1.). In addition, identified subcontractors relied upon for the selection criteria on economic and financial capacity must also provide for a commitment letter on the basis of Annex 5.2. To be considered as identified subcontractor: 1) The situation must fall under the definition of subcontracting, as per Section 2.4 §1; and 2) The subcontractor's share of the contract must be above 10% or the capacity of the subcontractor must be necessary to fulfil any of the selection criteria. Pursuant to Section 2.4 §1 (d) read in conjunction with §2, self-employed persons working for the contractor are considered members of the personnel insofar as the following cumulative conditions are complied with: - they perform substantially the same tasks as the employees; and - the tasks of the self-employed persons are not particular well-defined parts of the contract. If the two aforementioned conditions are fulfilled, the self-employed persons are not considered as subcontractors for the purposes of Section 2.4. As a result, there is no obligation to provide the commitment letters (Annex 5). Nevertheless, the evidence mentioned in the Selection Criteria (Section 4.2.) must be provided in order to comply with the said criteria. This includes, where required, the relevant CVs of the persons relied upon to meet the selection criteria, independently of whether or not the persons are to be considered as part of the personnel or subcontractors. Please note that a definition of "personnel" is also provided in Article II.1. of the model contract.