Trenitalia S.p.A. REGULATIONS FOR ACCESSING THE PURCHASING PORTAL OF TRENITALIA

Transcription

1 Trenitalia S.p.A. REGULATIONS FOR ACCESSING THE PURCHASING PORTAL OF TRENITALIA Piazza della Croce Rossa, Roma Trenitalia S.p.A. - Gruppo Ferrovie dello Stato Italiane Società con socio unico soggetta alla direzione e coordinamento di Ferrovie dello Stato Italiane S.p.A. Sede legale: Piazza della Croce Rossa, Roma Cap. Soc. Euro ,00 Iscritta al Registro delle Imprese di Roma Cod. Fisc. e P. Iva R.E.A

2 Table of Contents Table of Contents Premise... 3 Title I General Section Article 1 Definitions... 4 Article 2 Accessing the Purchasing Portal... 5 Article 3 Protection of Personal Data... 6 Article 4 Amendments to this Regulation Article 5 Revocation of approval.8 Title II On-Line Tenders Article 6 How to participate in the on-line tender... 9 Article 7 How to conduct of the on-line tender call... 9 Article 8 Deadline for submitting the application form and the tender call Article 9 On-line Auctions Dynamic negotiations via the Internet Article 10 Content and effectiveness of the recordings Article 11 Information relating to events and proceedings Article 12 Suspension of the tender and subsequent recovery using a different method Article 13 Liability Article 14 Access to documents Article 15 Head of the on-line procedure for tender calls Title III Become a Supplier Article 16 Construction and Management of the Become a Supplier Section Article 17 Suppliers Database

3 Premise This document regulates the procedures for access of Economic Operators to the Purchasing Portal. The "registration" on this Portal represents, for interested Economic Operators, the precondition for participating in on-line tenders (ref. Title II) and for the registration on the Suppliers Database (ref. Title III). By signing the Application form for the Purchasing Portal of Trenitalia (ref. Article 2 of Title I) the Economic Operator accepts, unconditionally, the entire contents of these Regulations. Should Trenitalia decides to issue a tender using IT systems, it will provide the following procedure in the event of: - the prior publication of an open, restricted and negotiated contract, to publish the tender notice on the Purchasing Portal; - a contract notice negotiated without prior publication, to invite the Economic Operators selected through a specific message via certified (PEC) indicated by the selfsame PEC during the "registration procedure. The "registration procedure" on the Purchasing Portal, participation in on-line tenders implemented by Trenitalia, and the registration at the "Become a Supplier" Section are free of charge. The premise is an integral part of this document. 3

4 Title I General Section Article 1 Definitions Under this Regulation the meanings of the following terms are provided below: Account: the set of personal identification codes consisting of a User ID and a Password that allows the Economic Operator to access the System; Product Structure Tree: classification in which Supplies, Tasks and Services of interest to Trenitalia are declined and broken down into activities, forming analogous groups of Goods (for technological, type of activity.). certified Economic Operator: the certified inbox of the Economic Operator, indicated at the time of system registration and designated for communications relating to the activities carried out in the selfsame system; at that certified inbox, the Economic Operator, upon registration, chooses a domicile for the receipt of the communications pursuant to Article 79, paragraph 5-quinquies of Legislative Decree n. 163/06; Trenitalia s Certified Purchasing Portal: the certified inbox through which we manage all communications regarding the activities performed on the system; Suppliers Database: database which stores information acquired by Trenitalia, from the registration forms filled in by the interested Economic Operators. Digital Signature: a particular type of electronic signature based on a system of cryptographic keys, one public and one private, as defined pursuant to the Legislative Decree no. 82 dated 7 March 2005, (Digital Government Code); On-line Tender: any event which takes place using IT systems on the Purchasing Portal (e.g. open, restricted, negotiated tenders, market surveys, requests for tender calls, etc.); System Operator: the Company Bravo Solution S.p.A, as head of the technical management of the software applications needed to run the on-line procedures handled by the system, commissioned by Trenitalia under Article 290 of Presidential Decree n. 207/2010; 4

5 Economic Operator: the contractor, supplier or service provider that, following the request for registration sent to Trenitalia through the portal, obtains permission to operate on the system; PEC: Certified (Posta Elettronica Certificata), pursuant to Article 1, paragraph 1, subparagraph v-bis of Legislative Decree n. 68 dated 7 March 2005, the communication system can attest to the sending and successful delivery of an message and provide receipts that are binding on third parties; Portal: the Purchasing Portal of Trenitalia S.p.A, namely the electronic virtual environment, supplier managed by a third party (Bravo Solution S.p.A), through which on-line tenders are performed and managed in the Become a Supplier Section; Registration: the result of the process that allows interested Economic Operators to obtaining a permit to access the system and participate in on-line tenders; System Recordings: the results of the electronic files containing the proceedings, data, documents and information relating to the maintenance and management of on-line tenders and the information released in the Become a Supplier Section; System: the Information System that allows the holding and management of on-line tenders, the Become a Supplier Section and its relative database Customer Profile: Website information ( through which the Economic Operator accesses the system; Trenitalia: Trenitalia S.p.A. Sole shareholding company under the management and coordination of the company Ferrovie dello Stato Italiane S.p.A with its registered office and headquarters in Rome, Piazza della Croce Rossa n 1; System User(s): every person who works on the system, including the System Operator and the Economic Operators, as well as any other persons to whom Trenitalia provides access. Article 2 Accessing the Purchasing Portal The Economic Operators access the portal at the outcome of the registration process. The above procedure must be made by filling out the Application Form on the Purchase Portal of Trenitalia available at the home page of the Portal itself, which must be attached to the System and signed with a digital signature of the Legal Representative or of the Economic Operator of his advocate. In the absence of a valid digital signature certificate, the Economic Operator will be able to insert a scanned copy of said form into the system, duly completed and signed with a 5

6 handwritten signature by the Legal Representative, together with a scanned copy of the subscriber s identity document. The documentation will also be sent to the fax number indicated in the Application Form itself. The Economic Operators, upon registration on the Purchasing Portal, will receive an access key (User ID and Password) to use on the System. The User ID and the Password allow Trenitalia to identify each Economic Operator. In order to complete the registration, the Economic Operator must have and indicate a certified (PEC) address. Correspondence via computer will be carried out by the Portal to the certified address (PEC) supplied by the selfsame Economic Operator during the registration process. It is the Economic Operator s responsibility to check the certified inbox indicated at registration, and promptly update on the system any change of said address. During the validation process, the Legal Representative is required to have a digital signature certificate, issued by a Certification Authority operating under a license or authorization issued by a Member State of the European Union, included in the list referred to in Article 11 of Directive 1999/93/EC, provided that the signature format conforms to the provisions outlined in the Decision adopted by the European Commission 2011/130/EU dated 25 February Please note that the only accepted digital signature formats will be those of CADES and PADES. Access to the Portal is also subject to the Economic Operator being in possession of the computer equipment clearly mentioned on the home page of the Portal itself, the Area The Purchasing Portal of Trenitalia in Minimum required hardware and software. Article 3 Protection of Personal Data Under Article 13 of Legislative Decree n. 196 dated 30 June 2003, the personal information provided by Economic Operators is processed by Trenitalia for the sole purposes strictly 1 Checking the validity of digital signatures may be executed on the Agenzia per l Italia Digitale website ( by downloading one of the software programmes listed in the Verification Software of Electronic Signatures (in particular the DSS Digital Signature Service, which is also available in WebApp mode) 6

7 related to the tender call, of the eventual stipulation and contract management, and the database management Suppliers. The provided personal information will be kept for as long as necessary and will be instrumental in pursuing the aforementioned purposes and processed, with and without the aid of electronic means, with organizational, physical and logical measures that guarantee both security and confidentiality, in accordance with the principles of fairness, legality and transparency. Located in Rome, Piazza della Croce Rossa, n. 1, Trenitalia is the owner of the processed personal data. The following Trenitalia structures are responsible for processing data: the Purchasing and the Industrial Logistics Departments. According to the Company s organizational chart they have been tasked with safeguarding privacy, and may be called upon, from time to time, to indicate this in the tender documents, as well as the Company Bravo Solution S.p.A, located in Bergamo Piazza Repubblica n. 1, appointed by Trenitalia as the corporation responsible for the performance of management services and the technical management of the system and computer applications needed to run the selfsame System. With respect to those in charge, the Economic Operators are entitled to exercise their rights under Article 7 of Legislative Decree no. 196/2003. The data provided by Economic Operators will not be released or circulated in any way. The above mentioned Executive officers in charge of Facilities Managers, will be notified regarding their employees, employees receiving the same treatment, who have been appointed by the Distributors and System Administrators. Trenitalia will also be able to communicate the acquired data to other companies belonging to the Italian State Railways Group, which will, in turn, transmit the information or grant access to it, to their employees, members and assigns the pursuit of the same ends for which the data was collected by Trenitalia. Article 4 Amendments to this Regulation Access to the Portal, participation in tenders calls and on-line registration in the Become a Supplier Section involve the timely and unconditional acceptance of these regulations and of any subsequent amendments and additions. Trenitalia reserves the right, at its sole discretion, to change these Regulations at any time. In this case, the new version of the same Regulations will be published on the Portal 7

8 and the selfsame will be sent a message to their address indicated by the Economic Operator statement upon registration on the Portal. Any changes to the selfsame Regulations will become fully effective upon publication on the Portal. Article 5 Revocation of approval Trenitalia reserves the right to revoke, at any time, a license to users who have been found guilty of improper and/or fraudulent use of the Portal, with the exception of the right to take action in order to obtain compensation for any damages incurred. 8

9 Title II On-line Tenders Article 6 How to participate in the on-line tender call Without prejudice to the forms of communication provided by the current regulations, Trenitalia will announce its intention to carry out an on-line tender call using one of the following methods: publication on the Portal of a tender call notice, where required; sending an of notification to selected Economic Operators in the specific tender procedure; by sending an of notification to the Economic Operators registered in the Suppliers Database for one or more Goods Group. The restricted area of the website is dedicated to each folder of the tender. The Economic Operator will find documentation relating to the negotiation process concerning the deadline for submitting the application form and/or bid. The application form and/or the bid will be presented and electronically signed and then digitally signed by a legal representative. Declarations ex Presidential Decree n. 445/2000 made in support of the application for participation and/or the bid under penalty of eligibility of the same must be signed with a digital signature by the declarant. Article 7 How to conduct the on-line tender Participation in the online tender, implies on the part of the Economic Operator, acceptance of the participation conditions. The arrangements for submitting the bid will be outlined in detail by Trenitalia in the tender documentation. Any offer, under penalty of inadmissibility, must be signed by the Legal Representative of the competitors, or His agent, using a digital signature and will be Identified by the Username and the Password assigned to the selfsame competitors by the System. In the event of a bid submission by temporary Groupings, Consortiums of bidders or European Economic Interest Group (EEIG), not yet established, the bid must be signed with a digital signature by the legal representatives, or by their proxies, regarding all Economic Operators who intend to form the temporary Grouping, the Consortium or the EEIG. 9

10 In the event of competitors accredited at the opening session, as provided in the tender documentation, the Competition Committee, in open session on the date and time established in the tender documents or subsequent communications, will verify the administrative documentation to support the tender and subsequently, to those eligible persons, will proceed with the opening of the technical bids (if any) and the financial bids. Article 8 Deadline for submitting the application form and the tender Requests applications to participate, and tenders, must be submitted into the System within the area dedicated to the tender by the final deadline indicated in the tender documents. Otherwise, it will be impossible to enter the same Portal after this deadline, resulting in the consequent inadmissibility of said action. The official timetable valid for submitting the application for participation and/or tender is that found in the Portal. Article 9 On-line Auctions Dynamic Trading via the Internet Trenitalia retains the right to, within each type of tender, make use of on-line auctions or trading dynamic via the Internet regarding the methods indicated in the tender proceedings and in compliance with local regulations. Article 10 Content and effectiveness of the recordings The recordings present on the technological platform contain adequate and exclusive proof regarding the content and the time of each notification sent by electronic mean. Article 11 Information relating to events and proceedings Actions and communications made by Trenitalia and the System Operator against Economic Operators during each phase of the event (but not limited to the preliminary phases of activation and following the course of the negotiating process, as well as adjudication and any suspensions, interruptions, re-openings or cancellations), can be performed in accordance with to two distinct methods of operation, as well as being combined with one another: 10

11 a) from the System; b) outside of the System. The Economic Operator is obliged to adhere to the mode of operation established by Trenitalia. By the System in the Economic Operator operational mode: - must submit the application form and/or the bid in the manner indicated in the tender documentation; - must use the Messaging tool as the method of communications, which is featured on the Portal. In the outside System operational mode, the Economic Operator needs to communicate with Trenitalia, with the System Operator and/or with both, by sending the application form and/or the bid and carry out their communications using the following methods: c) hard copy by registered letter (A/R) or fax; d) electronically by PEC (Certified ); e) by telephone. The System Operator, in the event of telephonic communications with the Economic Operator, will proceed to the registration of the selfsame in full compliance with applicable standards. The Economic Operator agrees that the recordings made by the System Operator, constitute evidence of the facts and circumstances resulting from them, both in the judicial and extrajudicial, in case of disputes between the parties. For reasons of security all documents including the measures taken by the Contracting Authority are physically on the Portal and loading as well as the exact location is disclosed to the Economic Operator by forwarding an to the selected domicile by the latter under Article 79, paragraph 5-quinquies of Legislative Decree no. 163/06. The measures regarding an Economic Operator (e.g. exclusions, awards, etc.) are located in the Portal, inside the special section. Only the selfsame Economic Operator and to the Contracting Authority may access this reserved area. Article 12 Suspension of the tender and subsequent recovery using a different method If Trenitalia decides to suspend the online bidding, the Economic Operator will be notified through the Portal and also, in the event of a negotiated procedure without prior publication of the notice, by mail; then said operator will be notified by the Purchasing Portal and, in the event of a negotiated procedure without prior publication of a contract, also by mail, he or she will receive the new deadline for submission of bids. 11

12 In the event of a website malfunction, Trenitalia retains the right, at its sole discretion, to continue the tender in the traditional manner (paper) by giving notice to the participants at the stipulated domicile, refuting any claims to compensation by selfsame participant. Article 13 Liability Trenitalia does not assume any liability for non-participation in the tender, the impossibility of continuing participation by Economic Operators for any type of Portal malfunction. Participation in the bidding through the use of a User ID and Password involves the fulfilment of relevant legal acts automatically charged to the company which owns them, who is then required to not disseminate them to third parties and to take all necessary measures to ensure confidentiality. Trenitalia is therefore exempt from any liability related to improper use of the medium, the User ID and the Password, also by third parties. The Tenderer agrees, as of now, to compensate Trenitalia for any resulting damages. In case of loss or theft of the User ID or the Password, the Economic Operator will be required to promptly notify the System Manager and inform Trenitalia as well. Article 14 Access to documents For all the proceedings and documents other than those already made available through the Portal, in the area dedicated to the single negotiating process, access, by query of the registrations on the Portal containing the electronic documentation of the proceedings of the procedure itself, may be exercised within 10 days after the transmission of the notices stipulated under Article 79 of Legislative Decree no. 163/2006. Article 15 Head of the on-line procedure for tenders From time to time, the functions of the Head of Procedures for on-line tenders will be ensured by the subject indicated in the individual allocation of credit documents. 12

13 Title III Become a Supplier Article 16 Planning and Management Section Become a Supplier Trenitalia has constituted within the Purchasing Portal Become a Supplier Section, which offers the possibility for interested Economic Operators to submit their company by filling in a questionnaire, through which they will be called upon to identify within their Product Structure Tree, the Trenitalia activity area of interest that is compatible with their own. The quoted Product Structure Tree is divided into three levels: the first level identifies four Categories ( Supplies, Services, Waste Management and Work Assignments ), the second level distinguishes several Commodity Families and the third level identifies the declination of different uniform Freight Groups (Attachment 1). Trenitalia, based on company needs, reserves the right to change, at any time, the composition of the Tree, and to assume the responsibility of promptly notifying the Economic Operator of any variations registered in the Goods Group subject to modification. Article 17 Suppliers Database All information provided in the Become a Supplier Section is stored in the Suppliers Database, which, therefore, contains a list of Economic Operators, service providers and job facilitators, who declare to be in possession of the suitable general requirements and professional skills, as well as other information released by them upon registration (re-registration and/or data updates). The Suppliers Database is managed by the Purchasing Department of Trenitalia. 13