SPECIFICATIONS FOR THE AWARDING OF THE MANAGEMENT OF SUPPORT SERVICES FOR THE EMBASSY OF ITALY IN BAGHDAD (AND ITS USERS) IN ISSUING VISAS TO ITALY
(courtesy translation, in case of doubt the Italian version is prevailing)
Art. 1 - Definitions
For the purpose of these specifications,
"VISA" shall mean an entry visa to Italy, both for transit or short stay (VSU – Uniform Schengen visa) and long stay (VN – national visa).
“EMBASSY” means the Embassy of Italy in Baghdad.
"COMPANY" means the economic operator identified through the tender, party in a contract awarded for the provision of services mentioned herein.
"MINISTRY" means the Ministry of Foreign Affairs of the Italian Republic.
"USERS" means the end-users of the services, i.e. the visa applicants.
Art. 2 - Object
The service, as defined hereafter, is provided under awarding of services pursuant to art. 30 of Italian Legislative Decree No. 163 of April 12th, 2006, based upon EC Directives 2004/17/CE and 2004/18/CE, with business risk and performance of the obligation falling upon the company that will be successful in the tender.
The fee for the performance provided by the company is represented exclusively by the additional cost on the consular fee charged on every visa application and object of the bid in this tender. No obligation shall fall on the Embassy or on the Italian Government’s budget.
The Company undertakes to provide the following services at its own risk and with an adequate amount of human resources, utilities and premises:
a) Dissemination of information on visas and visa issuing procedures
The Company shall provide information to users on the procedures and requirements for visa applications, through a dedicated call center, a dedicated website and a dedicated office. The Company may distribute informational material previously approved by the Embassy.
b) Setting up of appointments at the Embassy
The Company shall prepare a calendar of appointments at the Embassy, on the basis of available dates submitted by the Office. Appointments shall be made via call center and/or website and/or fax and/or e-mail, in strict adherence to the first-come, first-served principle.
c) Collection of documents for visa applications and transmission to the Embassy
The Company shall receive visa applications at its desks, collect documentation submitted in support of applications, and carry out a preliminary examination of the documentation on the basis of a checklist prepared by the Embassy / Consulate. If on the basis of the examination the supporting documentation appears incomplete, the Company shall inform the applicant, provide assistance on the missing documentation and allow the applicant to provide supplementing documents. Under no circumstances shall the company refuse to receive the documentation, even if deemed missing, and transfer it to the Office, should the applicant insist in requesting to present the application. The Company shall submit applications, accompanied by the supporting documents, to the Office, which has exclusive jurisdiction on the examination of the applications and the decision on granting or denying the visa. The Company shall transmit applications with supporting documents on the receiving day.
d) Entry of visa application data into a computerized database
The Company, based on applications received and data collected at the time of the application, shall input data related to applicants into a dedicated database, on the basis of a checklist provided by the Embassy. The Embassy is allowed to access the database at any time and obtain information on the application status. The Embassy may allow the Company to have access, under certain conditions, to its own database, into which the company staff, allowed by the Embassy, may input data concerning visa applications submitted, in accordance with procedures established by the Office.
e) Biometric data acquisition of visa applicants
The Company shall acquire fingerprints and pictures of visa applicants. The technical features of hardware and software to be used shall be provided by the Ministry. The preservation and transmission of biometric data shall be ensured in compliance with Italian and EU legislation in force, in particular relating to the processing of personal data.
f) Return of passports to applicants
Once the application has been processed by the Office, the Company shall return passports to applicants. If a visa is denied, the Company gives the applicant a written letter dated and signed by the person in charge at the Office in compliance with Italian and EU rules. In that case, the Company shall ask the applicant to sign the letter for receipt and transmit it back to the Embassy.
g) Collecting fees and service charges
The Company shall collect visa fees on behalf of the Office and remit them to the Office daily or as differently requested by the Office.
When collecting fees, the Company shall receive the official fee set for visas at the time of the application, increased by the amount proposed in the bid. The Company shall pay the Office weekly based on the number of visas issued. The Company shall allow the use of debit and credit cards.
At the end of each year, starting at the end of the second year of the contract, the Parties shall make any adjustment of the cost of the service in accordance with the criteria applicable for reviewing prices in long-term contracts in the country.
In accordance with applicable Italian and EU rules, the cost of services related to a visa application may not exceed, in total, half of the fees due to the Embassy.
For this purpose, a ceiling is set on the cost of the service for information and/or appointments made through the call center, whose total cost for each visa, added to the cost of other services connected to the same visa request, cannot in any case exceed the limit shown above.
h) Additional services
The Company in addition to the provisions in paragraphs a), b), c) and f) and previous authorisation of the Office may provide the following services. The list is not exhaustive.
· Assistance in filling in the application form
· Home Pick up and delivery of the documents and visa
· Real time information about the visa process by sms or email
· Waiting lounge for VIP applicants
· Delivery and pick up of the visa application at the Office out of the office opening times in case of urgency
· Agreements with travel agencies and tour operators of verified reliability
Art. 3 - Contractual Obligations
The Company shall prepare, in consultation and with the approval of the Office, information sheets and forms to be filled out for visa applications.
The Parties agree that the services covered by the contract shall merely be support services, non-legally binding on Users. Users can always and in any case apply directly to the Office without the Company’s assistance.
The Company shall inform Users of the voluntary and not compulsory use of the services it provides.
Any activity regarding the right of information and the access to data remains the exclusive competence of the Embassy.
The Company shall retain only registrations for the period of one year from the date of issue of the visa or its denial. Any document provided by users shall remain on the Office’s records. Accounting records may be retained for the duration required by local law, as far as they are in anonymous form.
Art. 4- Service Staff
The employees for the above services shall be properly trained and approved by the Embassy / Consulate. At least one in ten among them shall have sufficient knowledge of the Italian language. The number of employees shall be commensurate to the number of visas issued annually over the last three years. In order to maintain an appropriate level of efficiency, the Company shall adjust the number of staff based on the number of users recorded on quarterly surveys, taking due account of seasonal peaks. Staff shall be enough to ensure receipt of all applications submitted during the day with a waiting time not exceeding 45 minutes per user, including in peak seasons. The unit previously mentioned (Italian speaking) in addition to a minimum of two additional units will be based at the agency desk and will be equipped by the Company of computers, scanners and readers ICAO biometric passports and any detectors where required by the Ministry. The detached unit shall be conform to the instructions of the Office and respect the working hours established by the latter.
Art. 5 – Supervision, Guidance and Checks
The Office shall guide and supervise the activities of the Company and shall ensure that the Company complies with the terms and conditions of the contract, applying EU and Italian rules on visas. In carrying out its tasks, the Company shall follow the instructions and the guidelines laid down by the Office, in applying EU and Italian rules on the requirements for obtaining a visa, and providing services, to be based on the principles of transparency and fairness.
The Office shall closely supervise and check the Company’s activities in the performance of contractual obligations, verifying in particular: a) general information provided on the requirements for obtaining a visa and application forms given by the Company to Users; b) all measures of technical and organizational security used to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access, in particular where the cooperation involves the transmission of data and files to the Embassy, and any other unlawful form of processing of personal data; c) the collection and transmission of biometric identifiers; d) measures taken to ensure compliance with data protection rules; and e) any other aspect of the Company's activities directly or indirectly linked to the correct, transparent and fair handling of applications received by visa applicants and their transmission to the Embassy. To this end, the Embassy shall carry out periodic random checks or unannounced inspections at any time on the Company’s premises, check computer equipment and examine archives and accountancy data in order to verify the correctness of the work towards users (impartiality and good performance) and the Embassy. To perform its supervisory and control functions, the Embassy may ask to see documents, recordings, documents relating to the handling of applications, and request that telephone conversations relating to the services covered by the contract are recorded and reproduced. The Office may use consultants to conduct inspections.
Art. 6 - Liaison Officer
Within ten days since the signing of the awarding contract, the Company shall nominate one of its most qualified employees to be the liaison officer with the Office. The liaison officer shall have to be approved by the Office. The Embassy may request the liaison officer to be replaced at any time. Lack of action on this constitutes essential breach of contract.
If the Office realizes that the staff designated by the Company as an Italian language speaker does not have enough knowledge of Italian, it may unquestionably request the Company to replace him or her.
Art. 7 - Liability
Only the Company shall be liable for any claims for damages claimed by users.
To this end, the Company shall undertake to have every user subscribe and accept a clause waiving liability on the Embassy and renouncing any legal proceedings against it in the event of any breach by the Company.
Art. 8 - Transfer of Contract
The Company shall not assign the contract with the Embassy to third parties without the latter having previously and formally expressed their consent. In case of transfer, the transferor (Company) shall remain jointly liable for the obligations of the assignee and is liable to the Office for any breach of the latter.
Art. 9 - Privacy Provisions
The Company shall be committed to provide users with information on the processing of personal data pursuant to the Italian code on personal data protection and as well as all relevant information regarding the exercise of the rights which they hold in accordance with art. 7 of that code.
Art. 10 - Guarantees and Penalties
To guarantee the obligations undertaken, also in relation to the users, the Company shall provide adequate security, through a guarantee upon the beneficiary’s written first demand with a major insurance company, for a maximum amount of 30.000 euros also to cover cases of willful misconduct and gross negligence.
For the defaulting Company, the following penalties shall apply:
a) delay in transmission of files: € 20 per file;
b) errors or omissions, for any negligence or willful misconduct: € 50 per file;
c) unequal treatment: € 100 per person;
d) lack of good performance: € 300 per day;
e) non working website: € 500 per day.
The imposition of penalties shall be preceded by a formal statement of objections. If the answers provided do not show a lack of responsibility, the Office shall levy the applicable penalty from the security, which shall be replenished within two weeks, or, where applicable, terminate the contract for default and cash the security without prejudice to getting additional damages.
Art. 11- Termination of the Contract
In addition to what is generally provided by art. 1453 of the Italian Civil Code for non-compliance with contractual obligations, the following are grounds for termination of contract for failure to fulfill obligations, pursuant to article 1456 of the Italian civil code: