2.1.b Attachment 3- Anti-Mafia Screening.pdf

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NAVFAC PWD Chemical Provision IDIQ
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N6817126QN024
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This document outlines Anti-Mafia screening requirements for all offerors on U.S. Government contracts with performance in Italy, established in accordance with Italian Legislative Decree 159/2011. All offerors must submit a completed self-certification form with their proposals: the "Comunicazione Antimafia" for contracts valued below the applicable European Community monetary thresholds (€5,382,000 for construction contracts and €431,000 for supply and service contracts as of 2023), or the "Informazione Antimafia" for contracts exceeding these thresholds. Additionally, offerors in specific business categories—including extraction and supply of construction materials, concrete and bitumen packaging, machinery rentals, wrought iron supply, hot freight, road transport, construction site security, funeral services, catering, and environmental/waste management services—must register on the "White List" with the Prefect where their company is legally registered prior to proposal submission.

The contractor remains subject to Anti-Mafia screening throughout the contract lifecycle. The Government may deem an offeror non-responsible and ineligible for award if Mafia-related indications or infiltration are discovered prior to award. If such indications are discovered during contract performance, the Government may terminate the contract under the Default clause. Contractors must ensure these Anti-Mafia provisions flow down to all subcontractors at any tier and agree to promptly terminate and replace any subcontractor found to have Mafia connections at their own cost, if requested by the Government.

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ANTIMAFIA SCREENING

1. The United States is committed to ensuring that all Government contracts with performance in Italy remain free from infiltration or other influence by the Mafia. To that end, and in accordance with Italian Legislative Decree 159/2011 as amended, all offerors shall submit with their proposals a completed self-certification known as the “Comunicazione Antimafia” or

“Informazione Antimafia” depending on the value of the contract. For contracts valued at less than the applicable European Community monetary threshold for defense contracts, contractors shall submit a completed “Comunicazione Antimafia” self-certification form. See Attachment

No. 1. The applicable threshold for construction contracts for 2023 is €5,382,000, and the applicable threshold for supply and service contracts is €431,000. For contracts valued at more than the applicable European Community monetary threshold for defense contracts, contractors shall submit a completed “Informazione Antimafia” self-certification form. See Attachment

No. 2.

2. In addition, prior to submitting a proposal, the quoters or offerors shall initiate registration on the “White List” with the Prefect (Prefetto) where their company is legally registered. As per

Law 40/2020 Article 4 bis of Legislative Decree 23/2020, converted with amendments into

Law No. 40/2020, the white list registration is required only for the companies falling into the categories below:

I. Extraction, supply and transportation of construction land and inert materials;

II. Packaging, supply and transport of concrete and bitumen

III. Rentals of machinery

IV. Supply of wrought iron

V. Hot freight

VI. Road transport for third parties

VII. Security at construction sites

VIII. Funeral and cemetery services

IX. Catering, canteen management and catering

X. Environmental services, including the collection, national transport and cross-border activities, also for third parties, of waste treatment and disposal, as well as the drainage activities and other services related to waste management.

Offerors who do not believe registration is necessary should advise the reason why it is not applicable and advise the contracting Officer before submitting a proposal.

3. The contractor is subject to Anti-Mafia screening prior to award and throughout the life of the contract. In the event that, prior to award, the Government discovers any Mafia-related indications or infiltration with respect to the offeror, the offeror will be considered non-responsible and will not be eligible for award.

4. Further, if during the life of this contract, the Government learns of any Mafia-related indications or infiltration against the contractor, the Government will consider this to be a failure to execute the work and may terminate the contract under the “Default” clause of the contract.

5. The contractor shall ensure that these Anti-Mafia provisions are included in any subcontracts and that the same Anti-Mafia provisions applicable to the prime contractor apply to its subcontractors. If during the life of this contract, the Government learns of any Mafia-related indications or infiltration against any subcontractor at any tier, the contractor agrees, if requested by the Government, to promptly terminate the subject subcontract and replace the

Mafia- colluded subcontractor at its own cost with a compliant company.

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