Informative Notice
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Concession for performing public services
The state is the concession provider.
A legal or natural person (concessionaire), who fulfils all the prescribed conditions, is granted the concession based on the public tender.
The ministry, competent for social care uses the concession act to determine the type and scope of services, for which the public tender (tender) for the granting of concession is published.
The tender can be published only for a service or individual type of service as is determined in the umbrella act and regulations issued based on this act, i.e. on the standards and norms of social care services.
A concession cannot be tendered only for a part of a service.
The concessionaire must fulfil the following conditions:
- they are a legal entity in the Republic of Slovenia, registered for performing activities subject to the concession or they area a subsidiary of a foreign legal entity that performs this activity, entered in the registered in the Republic of Slovenia, or they are a natural person registered in the Republic of Slovenia for performing the activity subject to the concession;
- they fulfil the conditions with regard to premises, equipment, staff and other conditions stipulated by the umbrella act and its executive regulations for the performance of the service for which the concession is tendered (services);
- they have prepared a detailed work programme;
- they ensure quality implementation of the service and that
- they are financially and commercially qualified.
The concession is granted for definite time. The concession for institutional care of persons with progressed chronic or incurable disease is granted for 40 years.
The concession provider enters the concessionaire in the register of issued concessions.
Beneficiaries who are exempt from payment of social care services can enforce the exemptions only for social care services that are performed within the scope of a public service and in accordance with the prescribed standards and norms by a public social care institution or concessionaire, where the price is designed in accordance with the prescribed methodology, and for which the law does not stipulate that they are free for the beneficiary.
Conditions
These terms apply to activity Institutional care of persons with progressive chronic or terminal disease
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The providers of social security services shall fulfil the following conditions:
- they are a legal entity in the Republic of Slovenia, registered for performing activities subject to the issue of the work permit, they are a subsidiary of a foreign legal entity that performs this activity, entered in the registered in the Republic of Slovenia,
- or they are a natural entity registered in the register of companies in the Republic of Slovenia.
Evidence
Extract from the Business Register (AJPES) or any other suitable register
Legal basis
- Social Assistance Act (ZSV)
- Rules on the engagement in the provision of social services on the basis of a work permit and entry into the register
- Rules on concessions in the field of social assistance
Competent Authority
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The opinions are prepared according to the content-defined procedure implemented by a specifically selected group of experts in the field of activity for which the opinion is formed.
The Social Chamber of Slovenia issues an opinion within 30 days from the receipt of the completed form.
Opinions are acquired according to the method of analysis, comparison and synthesis of the data and content of the documentation.
The foundations in searching for information are the prepared criteria of the suitability of the programme focused on:- description of the programme of the social security activity/service and suitably defined starting points of the programme,
- suitably defined target group of users,
- organisation of work with users and role of users in planning and implementation of the activity; principles of good practice- ethics for working with users,
- professional qualification and adequate personnel in terms of the content of programme and target group of users,
- basic spatial and other capacities of the applicant relevant for the implementation of the content of the applied programme,
- ways of evaluation of activities,
- history of the programme and past impacts of work,
- interconnection of the programme with other programmes and suitable network of social security activities,
- training of providers and supervision,
- keeping of records and protection of personal data.
Documentation and data in the written form and on the compact disc shall be submitted to the Social Chamber for the issuing of the opinion.Evidence
Positive opinion of the Social Chamber of Slovenia
Legal basis
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Providers of social security services must fulfil minimum technical requirement determined in the Rules on minimum technical requirements for providers of social security services and Rules on standards and norms regarding social services.
Evidence
- The minutes of the commission, appointed by the minister of labour, family, social affairs and equal opportunities, which shows that the future service provider fulfils or does not fulfil the minimum technical conditions for the provision of service
- For institutional care providers, also at least the building permit project design, operating permit as per the Construction Act, equipment project
Legal basis
- Social Assistance Act (ZSV)
- Rules on the engagement in the provision of social services on the basis of a work permit and entry into the register
- Rules on minimum technical requirements for social assistance services providers
- Rules on standards and norms for social assistance services
- Resolution on the national social assistance programme 2006 - 2010 (ReNPSV06-10)
- Statutes of the Social Chamber of Slovenia
- Rules on publishing professional opinions of chamber
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Staffing norms for beneficiaries in institutional care are determined in Annex 1 of the Rules on the standards and norms for social services.
Basic and social care activities in a care home are carried out by professional workers, professional assistants and other workers.
The management of service and procedure related to the preparation of the agreement on the performance of services, initial meeting between the beneficiary and the service provider, and coordination of direct providers are managed by a professional worker.
Social care of beneficiaries may only be implemented by professional workers.
The basic care is also implemented by other workers with at least primary school education and completed additional training for social care according to a verified programme in the field of social security, and workers with completed secondary vocational school of relevant field (cook, housekeeper and farmer, housekeeper and carer, assistant cook, etc.).
Evidence
Organisational scheme of personnel or direct service providers, and evidence of their education and completed professional and other (final) examinations, and contracts or statements of employment
Legal basis
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Open section: Close section: A detailed work programme for the implementation of service is prepared
The candidate for the acquisition of concession to pursue the services within the scope of public service of social security services shall prepare a detailed work programme for the implementation of service.
Evidence
Work programme for the implementation of social security service
Legal basis
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The candidate for the acquisition of concession to pursue the services within the scope of public service of social security services shall provide a quality implementation of the social security service.
Evidence
Programme for the implementation of a part of the service
Legal basis
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The candidate for the acquisition of concession to pursue social security services within the scope of public service network shall be financially and commercially able to perform the service.
Evidence
The tendered proves the financial and commercial capacity by attaching the application to public tender for the allocation of concession with the following evidence:
- annual financial statements for the period of the last 3 years, of which the last ones shall include the
- credit rating information from AJPES, namely:
o BON–2 for companies,,
o BON–2 for public and private law legal entities or
o BON-1/SP for sole traders,
- Statement of the provider on their business adequacy;
- Statement of loans taken to construct or reconstruct the facilities or premises to provide the service;
- Statement of potential mortgages and other real rights on these facilities or premises, or statement that mortgages and other real rights on these facilities or premises do not exist;
- Statement of other potential liabilities.
Legal basis
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A provider of social security services must employ a professional manager who fulfils the conditions prescribed for the director of the social security institution.
If the provider of social security services is a private entity – natural entity – he must fulfil only the conditions prescribed for the professional manager.
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Social security services are pursued by professional workers and professional assistants.
Professional workers are workers who acquired a suitable level of education or who have obtained adequate work experience, traineeship and passed professional examination to work in the field of social security.
Professional workers and professional assistants are obliged to regularly participate in education and training programmes.
Professional workers are voluntarily integrated in the Social Chamber.
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Social security services are pursued by professional workers and professional assistants.
Professional assistants in social security are workers who pursue individual social security services and have finished:- social programmes of education (higher education, high education or university education) and completed the traineeship and passed professional examination in the field of employment, education, health care, justice and public administration and have adequate professional references and work experience in the field of social security or
- other education programmes, or who acquired adequate vocational qualification and usually implement individual tasks and jobs through the direct work with the users of social security services or activities and who have proved their qualification for professional work.
Professional workers and professional assistants are obliged to regularly participate in education and training programmes.
Procedures
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Concession for performing public services
Attachments
- Statement that the legal or natural person is registered with the competent authority of the Republic of Slovenia to pursue the activity that is the subject of concession
- Statement that the person agrees with the bidding conditions, that they allow the information from the documentation managed by the competent ministry to be used for the purpose of this public tender, and that this information may be verified with the com
- Statement of the payment for the preparation of the opinion by the Social Chamber
- Organisational scheme with the number and structure of anticipated personnel, evidence of their education, and their own and others’ statements which show that they will be employed by the concessionaire
- Projection of financial operations for five years with a cash flow table in accordance with the Slovenian Accounting Standard 21 version I.
- Statement of ownership of the premises, including the data on the real estate according to the status in the land register and the ownership contract, or a statement of lease of the facility or premises, including the lease or leasing agreement for the fa
- Project documentation for the facility or premises which shows the fulfilment of minimum technical conditions for the provision of social assistance services
- Calculation of the price for the social assistance service formed according to the price formation methodology for social assistance services or calculation of the price for the social assistance service formed according to norms determined as a test
- Statement that, when they commence pursuing the activity, the provider will level the offered price referred to in the previous indent at most to the highest level of growth in the elements of the price or to take into account potential amendments to the
- Work programme for service provision
- Bid bond in the amount of 1% of the assessed investment value, but not more than EUR 65,000.00
- Annual financial statements for the last three years, of which the last statements must be audited
- Credit rating information from AJPES, i.e. BON – 2 for companies, BON – 2 for public and private law legal entities, or BON – 1/SP for sole traders
- Statement of the provider on their business adequacy
- Statement of loans taken to construct or reconstruct the facilities or premises to provide the service
- Statement of potential mortgages and other real rights on these facilities or premises, or statement that mortgages and other real rights on these facilities or premises do not exist
- Statement of potential other liabilities
Procedure costs
Administrative fee: 22.66 €