INSTRUCTIONS ON RECRUITMENT OF THE ASSOCIATION FOR INTEGRATED DEVELOPMENT OF THE TERRITORY "MONTES TOLEDANOS" UNDER LAW 30/2007, OF OCTOBER 30 public sector contracts
TABLE OF CONTENTS
CHAPTER I Common Standards
- Article 1. Purpose and Scope.
- Article 2. Classification of contracts.
- Article 3. Contract works.
- Article 4. Supply Contract.
- Article 5. Contract services.
- Article 6. Mixed contracts.
- Article 7. Private contracts.
- Article 8. Jurisdiction.
CHAPTER II. General procurement rules
- Article 9. necessity and appropriateness of the contract.
- Article 10. Term of the contract.
- Article 11. Freedom of pacts.
- Article 12. Minimum content of the contract.
- Article 13. Venue of contracts.
- Article 14. Formal character of public sector procurement.
- Article 15. Arbitration.
CHAPTER III. The Parties to the Contract
- Article 16. Competence to contract.
- Article 17. Responsibility of the contract.
- Article 18. Contractor profile.
- Article 19. Terms of fitness.
- Article 20. Special conditions of compatibility.
- Article 21. Legal persons.
- Article 22. Community Enterprises.
- Article 23. Unions of entrepreneurs.
- Article 24. Prohibitions to contract.
- Article 25. Declaration of the concurrence of prohibitions on contracting and effects.
- Article 26. Requirement solvency.
- Article 27. Integration of creditworthiness by external means.
- Article 28. Fulfillment of the conditions of solvency.
- Article 29. Requirement of classification.
- Article 30. Accreditation of the capacity to act.
- Article 31. Proof of the non-attendance of a prohibition on hiring.
- Article 32. Means of credit solvency.
- Article 33. Economic and financial solvency.
- Article 34. Technical solvency in the works contracts.
- Article 35. Technical solvency in supply contracts.
- Article 36. Technical or professional solvency in service contracts.
- Article 37. Additional documentation and information.
- Article 38 Certificates of Official Records of Bidders and Classified Companies.
- Article 39. Certificates community rating.
CHAPTER IV. Object, price and value of the contract
- Article 40. Object of the contract.
- Article 41. Price.
- Article 42. Calculation of the estimated value of contracts.
- Article 43. Guarantees.
CHAPTER V. Preparation of Contracts
Section 1 GENERAL RULES
- Article 44. Record of procurement: initiation and content.
- Article 45. Approval of the record.
- Article 46. Record of procurement contracts under.
- Article 47. urgent application processing.
- Article 48. Sheets of clauses.
- Article 49. technical requisites.
- Article 50. Special conditions of the contract.
- Article 51. Information on the conditions of subrogation in employment contracts.
Section 2 PREPARATORY ACTIONS OF WORKS CONTRACT
- Article 52. Project works.
- Article 53. Stake of the project.
Section 3 PREPARATORY ACTIONS OF THE REST OF CONTRACTS
- Article 54. Preparation of specifications.
CHAPTER VI. Contractor selection and award of contract
Section 1 GENERAL RULES
- Article 55. Award procedure.
- Article 56. Principles of equality and transparency.
- Article 57. Confidentiality.
- Article 58. Call for tenders.
- Article 59. Deadlines for submission of requests to participate and tenders.
- Article 60. Reduction of deadlines in case of urgent processing.
- Article 61. Proposals from interested parties.
- Article 62. Presentation of documentation of compliance prerequisites.
- Article 63. Admissibility of variants or improvements.
- Article 64 Succession in the proceedings
- Article 65. Valuation of tenders.
- Article 66. Classification of provisional and final offers and the contract award.
- Article 67. Notification to candidates and tenderers.
- Article 68. Advertising of awards.
- Article 69. Registration of contracts.
Section 2 PROCEDURE OPEN
- Article 70. Delimitation.
- Article 71. Information to tenderers.
- Article 72. Deadlines for submission of proposals.
- Article 73. Consideration of proposals and award proposal.
- Article 74. Award.
Section 3 NEGOTIATED PROCEDURE
- Article 75. Characterization.
- Article 76. General Assumptions.
- Article 77. Works contracts.
- Article 78. Contracts of supply.
- Article 79. Service contracts.
- Article 80. Delimitation of the subject matter of negotiation.
- Article 81. Negotiation of contract terms.
CHAPTER VII. PERFORMANCE, EFFECTS AND TERMINATION OF CONTRACTS
- Article 82. Effects, compliance and termination of contracts.
CHAPTER VIII. ORGANIZATION OF THE MANAGEMENT CONTRACT
- Article 83. Contracting authorities.
- Article 84. Authorization to contract.
- Abstention and objections Article 85.
- Article 86. Tables of employment.
- Article 87. Registration of public sector contracts.
ARTICLE 1. Purpose and scope
These Instructions is to regulate the recruitment procedure of the Association for Integrated Development of Territory "Montes Toledanos" to ensure that it conforms to the principles of free competition, confidentiality, publicity and transparency of procedures, and non-discrimination and equal treatment of candidates, in the execution of works, procurement of goods and contracting services, when such contracts are not subject to harmonized regulation in accordance with the provisions of the Law on Public Sector , the requirement of prior identification of needs to be met, the safeguarding of free competition and the selection of the most economically advantageous tender.
ARTICLE 2. Qualification of contracts.
Contracts for works, supplies and services held by the Association for Integrated Development of Territory "Montes Toledanos" will be graded according to the rules contained in these instructions.
The remaining contracts will qualify under the rules to them of application.
ARTICLE 3. Contract works.
They are works contracts those aimed at the realization of a work or performance of any of the works listed in Annex 1 of the Law on Public Sector or the realization by whatever means of a work corresponding to specified requirements by the Association. In addition to these services, the contract shall include, where appropriate, the wording of the relevant draft.
By "work" means the outcome of a set of construction or civil engineering designed to fulfill by itself an economic or technical function, whose purpose is real estate.
ARTICLE 4. Supply Contract.
- Supply contracts are those for the acquisition, lease, or rental, with or without option to buy, of products or movable property.
- Notwithstanding the provisions of paragraph b) of paragraph 3 of this article with respect to contracts aimed at computer programs will not be considered for contract supply contracts relating to intangible property or securities.
- In any case, supply contracts are considered the following:
- Those in which the employer is obliged to deliver a plurality of goods sequentially and for a unit price without the total amount defined accurately at the time of concluding the contract, being subordinate deliveries to the needs of the purchaser.
- aimed at the acquisition and leasing of equipment and systems for telecommunications and information processing, devices and programs, and the licensing of the use of the latter, with the exception of procurement contracts Computer programs developed to measure, which is considered a service contract.
- The production, by which the thing or things that must be delivered by the employer must be prepared in accordance with peculiar characteristics previously set by the contracting entity, even if it is obliged to supply, wholly or partially, materials accurate.
ARTICLE 5. - Contract services.
Service contracts are those whose object is to make consistent performance in the development of an activity or directed to obtaining a result other than a work or a supply. For the purposes of this Act, service contracts are divided into the categories listed in Annex II of the Law on Public Sector Contracts.
ARTICLE 6. Mixed contracts.
When a contract contains corresponding to other benefits or other of various kinds will be addressed in any case, to determine the rules to be observed in their award, the nature of the provision that has more importance from the economic standpoint.
ARTICLE 7. Private contracts.
- Contracts concluded by the Association for Integrated Development of Territory "Montes Toledanos" will be considered private contracts.
- These private contracts are governed, in their preparation and award by these instructions, and in his absence by the Law on Public Sector Contracts, additionally apply the remaining private law rules that apply. As for its effects and termination, these contracts are governed by private law.
Article 8. Jurisdiction.
The civil courts shall have jurisdiction to resolve the dispute between the parties regarding the effects, performance and termination of private contracts. That court order will also have jurisdiction in any dispute regarding the preparation and award of private contracts concluded by the Association for Integrated Development of Territory "Montes Toledanos" provided that these contracts are not subject to harmonized regulation .
General procurement rules
ARTICLE 9. necessity and appropriateness of the contract.
The Association for Integrated Development of Territory "Montes Toledanos" may not conclude other contracts than those necessary for the fulfillment and realization of its institutional purposes. To this end, the nature and extent of the needs they aim to be covered by the proposed procurement, as well as the suitability of its purpose and content to satisfy, shall be determined with precision, leaving a notice in the preparatory documentation, before starting the procedure aimed at adjudication.
Article 10. Term of the contract.
- Subject to the special rules applicable to certain contracts, the duration of the contracts to be concluded by the Association for Integrated Development of Territory "Montes Toledanos" should be established taking into account the nature of the services, the characteristics of its funding and the need to periodically submit concurrence performing them.
- The contract may provide one or more extensions, provided that its features remain unchanged for the duration of these and the competition for adjudication has been made taking into account the maximum duration of the contract, including extension periods.
- Minor contracts defined in Article 55.3 of these instructions may not be longer than one year and not be carried over.
Article 11. Freedom of pacts.
In contracts for the Association for Integrated Development of Territory "Montes Toledanos" may include any covenants, terms and conditions, provided they are not contrary to the public interest, law and principles of good administration.
Article 12. Minimum content of the contract.
- Unless they are included in the specifications, contracts entered into by the Association for Integrated Development of Territory "Montes Toledanos" must necessarily include the following indications:
- Identification of the parties.
- Accreditation of the capacity of the signatories to sign the contract.
- Description of the contract.
- Reference to the law governing the contract.
- The list of the documents comprising the contract. If this is expressed in the contract, this list may be hierarchical and organized according to the priorities agreed by the parties, in which case, and except in cases of manifest error, the order agreed will be used to determine the respective prevalence, if contradictions between various documents.
- The true price or the way to determine it.
- The duration of the contract or the estimated for the beginning of implementation and completion dates, as well as the extension or extensions, if provided.
- The conditions for receiving, delivery or acceptance of benefits.
- The payment conditions.
- The circumstances leading to the decision.
- The budgetary provision or program or accounting heading in respect of which the price paid, if any.
- The objective and temporary extension of confidentiality that, where appropriate, be imposed on the contractor.
- The contract document shall not contain provisions establishing rights and obligations for the parties other than those provided in the specifications, concretized, where appropriate, in the form resulting from the contractor's proposal, or specified in the Act award of the contract in accordance with the proceedings in the proceedings, absent those.
Article 13. Venue of the contract.
Unless otherwise stated in the clauses, the contracts of the Association for Integrated Development of Territory "Montes Toledanos" shall held in the place where the headquarters of the contracting authority is.
ARTICLE 14. Formal character of recruitment.
The Association for Integrated Development of Territory "MontesToledanos" can not contract verbally.
Article 15. Arbitration.
The Association for Integrated Development of Territory "Montes Toledanos" may refer to arbitration, pursuant to the provisions of Law 60/2003 of December 23, on Arbitration, the resolution of disputes that may arise on the effects, compliance and termination of contracts signed.
Parties to the contract
Article 16. Competence to contract.
The representative of the Association for Integrated Development of Territory "Montes Toledanos" in contractual matters is for the contracting authorities, sole or members who, by virtue of its statutes, have attributed the power to enter into contracts on its behalf.
Contracting authorities may delegate their powers and responsibilities in this field with compliance and formalities applicable in each case for the delegation of powers.
Article 17. Responsibility of the contract.
- Contracting authorities may designate an official of the contract to which it shall monitor its implementation and to take the decisions and issue the necessary instructions in order to ensure the successful implementation of the agreed benefit, within the scope of those powers conferred upon it. The head of the contract may be a natural or legal person linked to the entity, agency or contracting entity or foreign to him.
- In works contracts, powers of the head of contract shall be without prejudice to those that correspond to the Optional Director's work.
Article 18. Contractor profile.
- In order to ensure transparency and public access to information concerning their contractual activity, without prejudice to the use of other advertising media in cases required by these instructions or where so decided voluntarily, the Association for Integrated Development of Territory "Montes Toledanos" spread through the Internet, your contractor profile. The form of access to the contractor profile shall be specified in the institutional Web pages that are kept in the State Procurement Platform and associated terms and notices.
- The contractor profile can include any data and information regarding the contractual activity of the Association, such as open tenders or ongoing and the documentation relating thereto, scheduled procurement, contracts concluded, procedures canceled and any useful general information, such as contact points and media that can be used to relate to the contracting authority. In any case be published in the contractor profile the provisional award of contracts.
- The computer system that supports the contractor profile must have a device that allows irrefutably prove the start time of the public disclosure of the information included in it.
Article 19. Terms of fitness.
- One may contract with the Association for Integrated Development of Territory "Montes Toledanos" natural or legal persons, Spanish or foreign, who have full capacity to act, are not incursas a ban on hiring, and prove their financial solvency, financial and technical or professional or, in cases where this is determined in the tender documents, they are properly classified.
- Employers shall also have business or professional qualification which, if any, is required to perform the activity or service that is the subject of the contract.
Article 20. Special conditions of compatibility.
- No tender may attend the companies that have participated in the development of technical specifications or preparatory documents for the contract, provided that such participation may cause restrictions to free competition or entail privileged treatment with respect to other tenderers .
- Contracts aimed at monitoring, supervision, control and direction of the execution of works and installations may not be awarded to the same companies awarded the contracts for works, or companies linked to them, understood as the who are in any of the cases provided for in Article 42 of the Commercial Code.
ARTICLE 21. Legal persons.
Legal entities may only be awarded contracts whose benefits fall within the aims, object or area of activity, according to its statutes or founding rules, they are themselves.
ARTICLE 22 Community Business.
- They will have the capacity to contract with the Association for Integrated Development of Territory "Montes Toledanos" in any case, not Spanish companies of Member States of the European Union who, under the law of the State where they are established, are find qualified to carry out the provision in question.
- Where the law of the State where these companies are established requires special authorization or membership of a particular organization in order to provide him the service in question, must prove that they meet this requirement.
Article 23. Unions of entrepreneurs.
- Membership contract with the Association for Integrated Development of Territory "Montes Toledanos" unions of entrepreneurs who are temporarily established for that purpose, without formalizing them in deed necessary until it has made the award of the contract his favor.
- Employers who attend will be grouped into temporary unions jointly and severally liable and must appoint a single representative or agent of the union with sufficient powers to exercise the rights and fulfill the obligations arising from the contract until its termination, subject to the existence of joint powers which may grant for collections and payments of significant amounts.
- For the purposes of the tender, entrepreneurs wishing to attend integrated into a joint venture must indicate the names and circumstances of those who constitute it and the participation of each, as well as to undertake to become formally joint venture should be awarded the contract.
- The duration of the temporary joint business will coincide with the contract until its extinction.
ARTICLE 24.- Prohibitions to contract.
- No contract with the Association for Integrated Development of Territory "Montes Toledanos" people who either of the following circumstances:
- Have you been convicted by final judgment for crimes of conspiracy, corruption in international business transactions, influence peddling, bribery, fraud and extortion, crimes against the Treasury and Social Security, crimes against the rights of workers, embezzlement and receiving and related behaviors, offenses relating to environmental protection or special disqualification for the exercise of profession, trade, industry or commerce. The prohibition extends to hire legal persons whose administrators or representatives, existing office or representation, are in the situation mentioned by actions taken in the name or on behalf of such entities, or in which the conditions, qualities or relations requires the corresponding figure of crime to be a participant in it.
- have filed for bankruptcy, having been declared insolvent in any proceedings, be declared bankrupt, be subject to judicial intervention or have been disqualified pursuant to Law 22/2003, of July 9, Insolvency, without having concluded the disqualification period established by the sentence of qualification of the contest.
- it has been sanctioned with strong character for a serious breach on market discipline in professional matters or on labor integration and equal opportunities and non-discrimination against
- disabled or very serious breach in social matters, including infringement on the prevention of occupational hazards, in accordance with the provisions of the Consolidated Law on Offences and Sanctions in the Social Order, approved by Royal Decree 5/2000 of 4 August, or on the environment, in accordance with the provisions of Royal Decree 1302/1986, of 28 June, on Environmental Impact Assessment; in Law 22/1988, of July 28, Costas; in Law 4/1989 of 27 March, Conservation of Natural Areas and Wild Flora and Fauna; in Law 11/1997, of 24 April, on packaging and packaging waste; in Law 10/1998 of 21 April on Waste; in the revised text of the Water Law, approved by Legislative Royal Decree 1/2001, of July 20, and Law 16/2002, of July 1, Integrated Prevention and Control of Pollutionnot being up to date in the fulfillment of tax or Social Security obligations imposed by current provisions in the terms legally determined.
- Have guilty of misrepresentation in effect responsible Article 62.1.c) of these instructions or to provide any other information concerning its capacity and solvency concerns statement.
- Involvement of the natural person or the directors of the legal person in any of the cases of Law 5/2006 of 10 April, regulating conflicts of interest of members of government and senior officials of the State Administration of Law 53/1984 of 26 December, on incompatibilities of staff working for the government or treated in any of the elected positions regulated by Organic Law 5/1985 of 19 June, the General Electoral System under the terms set out therein.
- The ban will extend to legal persons in whose capital involved, in the terms and amounts provided for in that legislation, and senior staff of any public administration and elected to serve the same charges.
- The ban on spouses, persons linked with similar relation of affective coexistence and descendants of persons referred to above, shall also extend, in both cases, provided that, with respect to the past, those persons bearing legal representation.
- To have hired people for which has been published in the "Official Gazette" breach Article 18.6 of Law 5/2006 of 10 April, regulating conflicts of interest concerns Member of the Government and senior officials of the Central Government, for spending to provide services in businesses or private companies directly related to the powers of the position held during the two years following the date of termination of the same. The prohibition on hiring will remain for as long as the organization remains within the company the person hired with the maximum limit of two years from the termination as a senior.
- The prohibition of hiring also affect those companies which, because of the people who govern or other circumstances, it may be assumed that are a continuation or derive, transformation, merger or succession of other companies in which They had attended those.
ARTICLE 25 Declaration of the concurrence of prohibitions on contracting and effects.
- The prohibitions to contract contained in the letters b), d), f) and g) of paragraph 1 of the previous article, we appreciate directly by contracting authorities, subsisting while the circumstances in each case are determined.
The prohibition on hiring in the cause under point a) of paragraph 1 of the preceding article will be seen directly by contracting authorities, whenever the judgment ruling on the scope and duration, subsisting during the period specified therein. When the sentence contains no ruling on the prohibition of contract or its duration, the ban will be appreciated directly by contracting authorities, but their scope and duration should be determined by conduct proceedings in accordance with paragraphs 2 and 3 of art. 50 of the Law on Public Sector Contracts.
In the other cases mentioned in the previous article, the appreciation of the concurrence of the ban on hiring require prior declaration of its existence by the effect procedure.
Article 26. Requirement solvency.
1. To enter into contracts with the Association for Integrated Development of Territory "Montes Toledanos" employers must prove to be in possession of the minimum economic, financial and professional or technical solvency to be determined by the contracting authority. This requirement will be replaced by the classification, when it is required in the tender documents.
2. The minimum solvency requirements to be met by the employer and the required documentation thereof are indicated in the contract notice and will be specified in the contract specifications and must be linked to its object and be proportionate to it.
Article 27 Integration of creditworthiness by external means.
To substantiate the required solvency to conclude a given contract, the employer may rely on the solvency and resources of other entities, regardless of the legal nature of the links which it has with them, provided that demonstrates that, for the contract, has effectively those means.
Article 28. Fulfillment of the conditions of solvency.
- In the case of services and works and supply contracts involving services or siting and installation may be required for legal persons specifying in the tender or the request to participate, the names and professional qualifications of the staff responsible for performance of the contract.
- The contracting authorities may require candidates or tenderers shall be removed from the specifications, in addition to proof of financial or, if necessary, classification, they commit to dedicate or assign the contract to the personal or material resources sufficient for this.
ARTICLE 29. Requirement of classification.
The Association for Integrated Development of Territory "Montes Toledanos" may require a specific qualification to the bidders to define the conditions of solvency required to hold the corresponding contract.
Article 30. Accreditation of the capacity to act.
- The legal capacity of employers who are legal persons shall be established by deed or document of incorporation, established statutes or founding act, in stating the rules governing their activity, duly registered, it is regulated if in the corresponding Public Register, depending on the type of legal entity concerned.
- The legal capacity of non-Spanish entrepreneurs who are nationals of Member States of the European Union will be credited for their registration from under the legislation of the State where they are established, or by submitting an affidavit or a certificate, in accordance with the applicable Community provisions.
Article 31. Proof of the non-attendance of a prohibition on hiring.
The test, by employers, they are not in prohibitions to contract may be made in court testimony or administrative certification is one case where that document can not be issued by the competent authority, it may be replaced by a responsible declaration made before an administrative authority, notary or qualified professional body.
ARTICLE 32. Means to prove solvency.
- The professional economic, financial and technical solvency or credited by providing documents to be determined by the contracting authority from the under Articles 33-36 of these instructions.
- The classification of the employer attesting to their solvency for the conclusion of contracts of the same type as those for which it was obtained and whose celebration is not required to be in possession of it.
- The Association for Integrated Development of Territory "Montes Toledanos" may accept other evidence of solvency other than those provided for in Articles 33-36 of these instructions for contracts not subject to harmonized regulation.
Article 33. Economic and financial standing
- The economic and financial solvency of the employer may be furnished by one or more of the following means:
- appropriate statements from banks or, where appropriate, evidence of the existence of a professional indemnity insurance risks.
- The financial statements filed with the Commercial Register or in the corresponding official register. Not required to file the accounts in official records entrepreneurs can contribute, as an alternative means of accreditation, duly authenticated accounting books.
- Statement on the overall turnover and, where appropriate, of turnover in the field of activities for the purpose of the contract, referred to as more than the last three financial years available, depending on the date of creation or startup the activities of the employer, to the extent they are available references that turnover.
- If, for any valid reason, the employer is unable to provide the references requested, it will may prove his economic and financial standing by any other document deemed appropriate by the contracting authority.
ARTICLE 34.- Technical solvency in the works contracts.
- In works contracts, technical solvency employer may be accredited by one or more of the following means:
- A list of works carried out over the past five years, accompanied by certificates of satisfactory execution for the most important works; These certificates shall indicate the value, date and place of execution of the works and shall specify whether they were carried under the rules governing the profession and is normally brought to fruition; where appropriate, shall submit these certificates to the contracting authority directly by the competent authority.
- Declaration indicating the technical or technical units, whether or not integrated into the company's available it plows the execution of the works, especially those responsible for quality control, accompanied by the relevant supporting documents.
- academics and practitioners businessmen and managers of the company and, in particular, the person or persons responsible Titles works.
- In appropriate cases, an indication of the environmental management measures that the employer may apply when performing the contract.
- Declaration on the average annual manpower of the company and the importance of its managerial staff for the last three years, accompanied by supporting documentation.
- Declaration indicating the materials and technical equipment will be available for the execution of works, to which the relevant supporting documentation attached machinery.
ARTICLE 35.- Technical solvency in supply contracts.
- In contracts for the supply of technical solvency entrepreneurs credited by one or more of the following means:
- List of the main supplies provided in the past three years, indicating the amount, dates and public or private recipients thereof. The supply of goods shall be supported by certificates issued or countersigned by the competent body, when the recipient is a public sector entity or where the recipient was a private purchaser, by a certificate issued by him or, in the absence of this certificate, by declaration the employer.
- Indication of the technicians or technical units, integrated or not in the company, which is available for the contract, especially those responsible for quality control.
- Description of the technical facilities and measures used to ensure quality and means of study and research of the company.
- Control by the contracting public sector entity or on its behalf by a competent official body of the State in which the employer is established, provided that an agreement of this body, where the products supplied are complex or, exceptionally, are required for a particular purpose. This control will focus on the production capacity of the employer and, if necessary, on the means of study and research which are available and on the measures used to control the quality.
- Samples, descriptions and photographs of the products to be supplied, the authenticity of which must be certified at the request of the contracting public sector entity.
- Certificates issued by institutes or official services responsible for quality control of recognized competence attesting the conformity of products clearly identified by references to specifications or standards.
- For contracts for supplies requiring siting or installation, service delivery or execution of works, the ability of economic operators to provide the service or to execute the installation or the work may be evaluated especially given its expertise , efficiency, experience and reliability.
ARTICLE 36. Technical or professional solvency in service contracts.
In contracts for services, technical or professional ability of entrepreneurs to be assessed taking into account their skills, efficiency, experience and reliability, which may be credited, according to the contract, one or more of the following means:
- A list of the main services or works carried out over the last three years including cost, dates and recipients, public or private, of the same. Services or work performed shall be supported by certificates issued or countersigned by the competent body, when the recipient is a public sector entity or, where the recipient was a private individual, by a certificate issued by him or, in the absence of this certificate, a statement of the employer; where appropriate, these certificates will be communicated directly to the contracting authority by the competent authority.
- indication of the technicians or technical units, integrated or not in the company, participating in the contract, especially those responsible for quality control.
- description of the technical facilities and measures used by the employer to ensure the quality and means of study and research of the company.
- In the case of complex services or work or, exceptionally, are required for a special purpose, a check carried out by the contracting authority or on its behalf by a competent official body or approved the State where he is established the employer, provided that an agreement of that body. The control will focus on the technical capacity of the employer and, if necessary, on the means of study and research facilities and measures for quality control.
- The educational and professional employer and the management of the company and, in particular, personnel responsible for execution of the contract degrees.
- In appropriate cases, an indication of the environmental management measures that the employer may apply when performing the contract.
- Declaration on the average annual manpower of the company and the importance of its managerial staff for the last three years, accompanied by supporting documentation.
- Declaration indicating the machinery, materials and technical equipment are available for the execution of works or services to which the relevant supporting documentation attached.
- An indication of the proportion of the contract which the employer intends possibly to subcontract.
Article 37. Additional documentation and information.
The contracting authority may seek clarification entrepreneur certificates and documents submitted pursuant to the above items or require you to present complementary.
Article 38. Official Records Certifications Bidders and Classified Companies.
- Registration in the Official Registry of Tenderers and Classified Companies credited against all the contracting public sector, according to what it reflected and unless proven otherwise, the qualifications of the entrepreneur in their personality and capacity to act, representation, professional and business qualification, economic and financial solvency, and classification, as well as the occurrence or non-occurrence of the prohibitions against contracting must be given in the same.
- Registration in the Official Registry of Tenderers and Classified Companies of the Autonomous Community where the Association is found, credited identical circumstances for the purpose of contracting with the Association for Integrated Development of Territory "Montes Toledanos".
- The proof of the content of the Official Register of Bidders and Classified Companies shall be effected by the body responsible for certification thereof, which may be issued by electronic, computer or electronic means.
Article 39. Certificates community rating.
- Classification certificates or similar documents evidencing registration in official lists of approved hiring established by the Member States of the European Union feel a presumption of fitness of employers covered by them against different contracting authorities in relation entrepreneurs with the non-attendance of the prohibitions of hiring referred to in letters a) to c) and e) of paragraph 1 of article 24 of these instructions and possession of the conditions of legal capacity and professional qualification required by Article 19 and the solvency referred to letters b) and c) of Article 33, letters a), b), e) and f) of Article 34, Article 35, and the letters a) and c) to i) of Article 36. Like presumptive value shall have the certificates issued by organizations that meet European standards of certification issued pursuant to the law of the Member State in which the employer is established.
- Documents the preceding paragraph shall indicate the reference which enabled the registration of the employer on the list or the issuance of certification and the classification given to. These terms should also be included in certificates issued by the official registers of bidders and ranking companies for recruitment in the area of the European Union.
Object, price and value of the contract
ARTICLE 40. Purpose of the contract.
- The purpose of the contracts signed by the Association for Integrated Development of Territory "Montes Toledanos" must be determined.
- A contract may be split up in order to reduce its amount and thus avoid publicity requirements or those relating to the award procedure that apply.
- When the object of the contract admits fractioning and so duly justified in the file, may provide for the independent performance of each of its parts by dividing it into lots, provided they are likely to use or use separately and constitute a functional unit or so required by the nature of the object.
They may also be contracted separately differentiated benefits designed to integrate into a work, where such benefits enjoy a substantivity itself that allows a separate execution, having to be carried out by companies with a certain rating.
ARTICLE 41. Price.
- Contracts entered into by the Association for Integrated Development of Territory "Montes Toledanos" contractor's remuneration will consist of a certain price to be expressed in euros. Contracting authorities shall ensure that the price is right for the effective fulfillment of the contract by the correct estimate of the amount, considering the overall market price at the time of setting the tender budget and implementation, where appropriate, of rules deals with abnormal or disproportionate values.
- The contract price may be made in terms of unit prices related to the various components of the provision or units thereof which are delivered or executed, and in terms of prices charged at a flat rate to all or part of the performance of the contract. In any case it is shown as a separate item, the amount of value added tax to be borne held by the Association for Integrated Development of Territory "Montes Toledanos".
- The prices fixed in the contract may be revised or updated in the manner agreed in the contract, when they should be adjusted upwards or downwards to take into account the economic changes which they occur during the execution of the contract.
- Contracts, when its nature and purpose permit, may include price variation clauses based on the achievement of certain objectives or performance deadlines and penalties for breach of contractual terms and must pinpoint cases where these variations and the rules for their determination will occur.
Article 42. Calculation of the estimated value of contracts.
- For all the purposes specified in these instructions, the estimated contract value is determined by the total amount, excluding value added tax, payable as estimated by the contracting authority. In calculating the estimated total amount, should take into account any form of option and any renewals of the contract.
- When provides for prizes or payments to candidates or tenderers, the amount thereof shall be taken into account when calculating the estimated contract value.
- The estimate must be made taking into account the usual market prices, and be referred to the time of sending the notice or, if such a notice is not required, at the time when the contracting authority launch the procedure for awarding the contract.
- Works contracts, calculation of the estimated value shall take into account the amount thereof and the total estimated value of the supplies necessary for execution that have been made available to the contractor by the contracting authority.
- Supply contracts aimed leasing, rental or hire purchase of products, the value to be taken as the basis for calculating the estimated contract value shall be as follows:
- In the case of fixed-term contracts, if that term is less than or equal to twelve months, the total estimated value for the term of the contract; where their term is more than twelve months, the total value including the estimated residual value.
- In the case of contracts whose duration is fixed by reference to a period of time, the monthly value multiplied by 48.
- Supply contracts aimed leasing, rental or hire purchase of products, the value to be taken as the basis for calculating the estimated contract value shall be as follows:
- In contracts for supplies or services that have a character of periodicity, or contracts to be renewed within a given period of time, be taken as the basis for calculating the estimated contract value of any of the following amounts:
- The total actual value of similar successive contracts awarded over the previous fiscal year or the previous twelve months, adjusted, where possible, depending on the changes in quantity or value over the twelve months following the initial contract.
- The total estimated value of the successive contracts awarded during the twelve months following the first delivery or during the financial year if that is longer than twelve months.
- The choice of method for calculating the estimated value may not be made with the intention of excluding the contract to the application of procurement rules that apply.
- service contracts for the purposes of calculating the estimated value, the following amounts shall be taken as the basis, where appropriate:
- In insurance services, the premium payable and other forms of remuneration.
- banking and other financial services, fees, commissions, interest and other forms of remuneration.
- Contracts relating to a project, fees, commission payable and other forms of remuneration and premiums or considerations which, if any, are set for participants in the contest.
- service contracts in which a total price is not specified, if they have a fixed period exceeding forty-eight months, the total value for their full term. If the duration is greater than forty-eight months or not is determined by reference to a certain time period, the monthly value multiplied by 48.
- When performing a work, hiring a service or obtaining uniform supplies may result in the simultaneous award of contracts in separate lots, it must take into account all the estimated aggregate value of the lots.
ARTICLE 43. Guarantees.
- In the contracts they conclude that celebrates the Association for Integrated Development of Territory "Montes Toledanos" contracting authorities may require the provision of a guarantee to the tenderers or candidates, to meet the maintenance of their tenders until provisional award and, where appropriate, ultimately awarded the contract or to ensure the proper execution of the delivery.
- The amount of the guarantee as well as the regime of their return or cancellation shall be established by the contracting authority, in the circumstances and characteristics of the contract.
- A guarantee may be provided in any of the following ways:
- Bank guarantee.
- Contract bond insurance.
Preparation of contracts
SECTION 1 GENERAL RULES
Article 44. Record of procurement: initiation and content.
- The conclusion of contracts entered into by the Association for Integrated Development of Territory "Montes Toledanos" require prior processing of the dossier, to be launched by the contracting motivating the need of the contract under the terms provided in Article 9 these instructions.
- The record shall refer to the entire subject of the contract, subject to the provisions of paragraph 3 of article 40 of these instructions for their eventual division into lots, for the purposes of bidding and award.
- Record the contract documents and technical specifications that are to govern the contract will be incorporated.
- In the file properly justify the choice of procedure and criteria to be taken into consideration for awarding the contract.
Article 45. Approval of the record.
Completed the tender dossier, it shall be given according to the contracting authority approving it and providing for the opening of award procedures.
Article 46. Record of procurement contracts under.
- Minor contracts defined in Article 55.3, application processing require only the approval of spending and the incorporation therein of the invoice, which shall meet the requirements prescribed by law.
- In the works under contract, must also be added the budget works, notwithstanding that there should be a corresponding draft visa when specific rules require it.
- In the case of subsidized work under contract, for Cuatía exceeding € 30,000 eligible expenditure, and the lower supply contracts and subsidized services, in this case amounts exceeding € 12 000 eligible expenditure must be sought offers at least three companies qualified to achieve the purpose of the contract, noting it on the record.
It should be expressly justified in a memory when the election does not fall on the most economically advantageous proposal.
ARTICLE 47.- urgent application processing.
- shall be eligible for urgent processing dossiers for contracts whose celebration responds to an urgent need or whose allotment is to be accelerated in the public interest. For this purpose the record shall contain the emergency declaration made by the Contracting Authority, stating reasons.
- Qualified urgent dossiers are processed by the same procedure as ordinary, with the following specialties:
- Once the opening of the award procedure, the deadlines established in these instructions for tendering and contract award will be reduced by half, unless within fifteen working days specified in the first paragraph of Article 66.4 as waiting period before final elevation to the provisional award, which will be reduced to ten working days.
ARTICLE 48. Sheets of clauses.
- The tender documents must first be approved at the bidding of the contract, or if established, before provisional award.
- In the tender documents the basic features of the contract, the rate of admission of variants modalities receipt of tenders, the award criteria and guarantees should be, where appropriate, tenderers or the successful tenderer is established , continue to apply also to the provisions of Article 51 of these instructions.
- Contracts shall conform to the contents of the specifications, the terms of which are considered an integral part thereof.
- Approval of the tender documents correspond to the contracting authority.
ARTICLE 49. technical requisites.
The contracting authority will approve before the contract tender, or if established, before provisional award documents containing the technical requirements that are to govern the completion of the transaction and define their qualities.
Article 50. Special conditions of the contract.
Contracting authorities may establish special conditions in relation to the contract, provided that they are compatible with Community law and are indicated in the contract notice or in the tender or contract. These performance conditions may relate in particular to environmental considerations or social considerations, in order to promote the employment of people with special difficulties to enter the labor market, eliminate inequalities between men and women that market, combat unemployment, promote training in the workplace, or other purposes that are established with reference to the coordinated strategy for employment, as defined in Article 125 of the Treaty establishing the European Community, or ensure respect basic labor rights along the production chain by requiring compliance with the fundamental conventions of the International Labour Organization.
Article 51 Information on the conditions of subrogation in employment contracts.
In contracts that impose the tenderer the obligation of subrogation employer in certain employment relationships, the contracting authority shall provide the bidders in the tender itself or additional documents, information on the conditions of the contracts of workers to affecting the subrogation that is necessary to enable evaluation of labor costs involve such action. To this end, the company making the delivery come under contract to be awarded and who has the status of employer of the workers concerned will be required to provide such information to the contracting authority, at the request of the latter.
SECTION 2nd PREPARATORY ACTIONS OF WORKS CONTRACT
ARTICLE 52. Project works.
Under the terms provided in these instructions, the award of a works contract require prior preparation, visa approval and setting out the relevant project that will define precisely the purpose of the contract. Project approval will correspond to the contracting authority.
ARTICLE 53. Stake of the project.
- Approved the project and prior to processing the case of hiring the work will proceed to stake out the same, which consist of checking the geometric reality of it and providing the precise grounds for normal execution that will be indispensable for the award in all procedures required. Also check how many cases should be included in the project developed and are basic for the contract to celebrate.
- In cases of transfer of land or premises by public entities, will be sufficient to prove the availability of land, the input of transfer agreements and acceptance by the competent bodies.
- Once the stake the project will join the tender dossier.
Section 3 PREPARATORY ACTIONS OF OTHER CONTRACTS
Article 54. Preparation of specifications.
In a contract concluded by the leg Integrated Development Association of the Territory "Montes Toledanos" which are not subject to harmonized regulation, greater than 50,000 euros amount, it shall prepare a statement in which the basic features of the contract are established, the regime admission of variants, the modalities for receipt of tenders, award criteria and guarantees should be, where appropriate, the successful tenderers or, where applicable, also the provisions of Article 51 of these instructions. These sheets will be part of the contract.
Contractor selection and award of contracts
SECTION 1 GENERAL RULES
ARTICLE 55. Procedure for the award.
- Contracts entered into by the Association for Integrated Development of Territory "Montes Toledanos" is awarded in accordance with the provisions of this Chapter.
- The award shall be made ordinarily using the open procedure. In the cases listed in Articles 76 to 79, inclusive, negotiated procedure can be followed.
- Minor contracts may be awarded directly to any employer with the capacity to act and who has the professional qualifications required to perform the service, complying with the rules laid down in Article 46.
Contracts under the contract under are considered to 50,000 euros, in the case of works contracts, or 18,000 euros, in the case of other contracts.
Article 56. Principles of equality and transparency.
Contracting authorities will give the tenderers and candidates an equal and non-discriminatory treatment and adjust their performance to the principle of transparency.
ARTICLE 57. Confidentiality.
- Without prejudice to the provisions of these instructions regarding awarding advertising and information to be given to the candidates and tenderers, contracting authorities may not disclose the information provided by employers that they have designated as confidential ; This character affects, in particular, technical or trade secrets and the confidential aspects of tenders.
- The contractor must respect the confidential nature of the information to which it has access during the execution of the contract which would have given the aforementioned character in the specifications or in the contract, or which by their very nature should be treated as such. This duty is maintained for a period of five years from the knowledge of that information, unless the specifications or the contract establish a longer term.
ARTICLE 58. Call for tenders.
- The procedures for the award of the Association for Integrated Development of Territory "Montes Toledanos", they must be announced in the contractor profile of the entity when the amount exceeds 50,000 euros, notwithstanding that, when the body hiring deems appropriate, procedures for the award of contracts for works, supplies or services not subject to harmonized regulation they can be also announced in the "Official Gazette", in the newspapers or official gazettes regional or provincial or "Official Journal of the European Union" or media.
- The dispatch of the notice to the "Official Journal of the European Union" should precede, where appropriate, any other advertising. Ads that are published in other newspapers or newsletters should indicate the date of that delivery, which the contracting leave sufficient evidence in the record, and may not contain other than those included in that notice indications.
Article 59. Deadlines for submission of requests to participate and tenders.
Contracting authorities shall set limits for receipt of tenders or requests to participate taking into account the time reasonably necessary to prepare those, considering the complexity of the contract, and respecting, in any case, the set minimum terms in these instructions .
Article 60. Reduction of deadlines in case of urgent processing.
In case the tender dossier has been declared urgent processing, the deadlines established in these instructions will be reduced as provided in subparagraph a) of paragraph 2 of Article 47 of these instructions.
Article 61. Proposals from interested parties.
- Proposals from stakeholders shall comply with the provisions of the contract documents, and presentation implies the unconditional acceptance by the employer of the contents of all such clauses or conditions without exception or reservation.
- Proposals shall be secret and means to ensure that capacity until the public bidding will be arbitrated.
- Each tenderer may not submit more than one proposal, subject to the provisions of Article 63 on admissibility of variants or improvements. Nor can subscribe to any given temporary union with others if it has done individually or appear on more than a temporary union. Violation of these rules will result in the dismissal of all proposals subscribed by it.
- The proposal shall indicate, as a separate item, the amount of value added tax that must be passed.
ARTICLE 62. Submission of documentation of compliance prerequisites.
- Proposals for the open procedure and the negotiated procedure must be accompanied by the following documents:
- certifying the legal personality of the employer and, where appropriate, their representation.
- certifying the status of the company, if any, or justify the requirements of their economic, financial and technical or professional solvency.
- A responsible does not fall into contracting ban statement.
This statement will include the demonstration of being up to date compliance with tax obligations and social security imposed by existing provisions, without prejudice to the supporting rationale for this requirement must be submitted before the final award, by the employer to which Please go to make it according to the provisions of art. 66.4.
- For foreign companies, in cases where the contract is to be executed in Spain, the statement submitted to the jurisdiction of the courts and courts of any kind, for all incidents that directly or indirectly arising from contract, waiving, where applicable, to the foreign jurisdiction that may correspond to the bidder.
- When submitting necessary documents this should be stated in the tender documents and the corresponding procurement notice.
- Where the accreditation of the circumstances mentioned in letters a) and b) of paragraph 1 is carried out by certifying an official register of bidders and classified undertakings referred to in paragraph 2 of Article 38, or by a Community certificate of classification under to the provisions of Article 39 must be accompanied by a statement to the same tenderer responsible for expressing the circumstances reflected in the certificate have remained unchanged.
This event should be repeated if it is awarded, the document on which the contract is executed, without prejudice to the contracting authority may, if it thinks fit, make an inquiry to the Official Registry of Tenderers and Classified Companies.
The certificate of the Official Registry of Tenderers and Classified Companies may be issued electronically, unless otherwise stated in the specifications or in the contract notice stated. If the specifications or the contract notice so required, the addition of the certificate procedure can be performed automatically by the contracting authority or that the appropriate consideration of the proposals, applying directly to the Official Registry of Tenderers and Classified Companies, notwithstanding that the bidders are required to submit in any case responsible declaration referred to in the preceding paragraph.
Article 63. Admissibility of variants or improvements.
- Where the award is need to take into account criteria other than price, the contracting authority may take into consideration variations or improvements that offer the bidders, provided that the specific administrative clauses specifications expressly provided that possibility.
- The possibility that bidders offer variations or improvements are indicated in the notice of contract specifying what elements and in what conditions is authorized submission.
- In the procedures for awarding contracts for supplies or services, the contracting parties authorized to submit variants or improvements may not reject one for the sole reason that, if successful, would lead to a contract of services rather than a supply contract or a supply contract rather than a service contract.
Article 64. Succession in the procedure.
If the termination of the legal personality of a tenderer or candidate for merger, division or transfer of its business assets occurs during the processing of a procedure and before the award, it will happen on its position in the process of absorbing companies The resulting from the merger, the beneficiary of the split or acquirers of assets or the relevant branch of activity, provided they meet the conditions of capacity and absence of prohibitions on contracting and prove their solvency and classification under the conditions prescribed in the specific administrative provisions for participation in the procurement procedure.
Article 65. Valuation of tenders.
- To evaluate the proposals and determine the most economically advantageous tender criteria should be addressed directly linked to the subject of the contract, such as quality, price, the usable formula leg review the payments linked to the use of the work or the service, the execution time of delivery or delivery, running costs, environmental characteristics or related to meeting social demands that respond to needs defined in the contract specifications, specific categories of population especially disadvantaged to which those users or beneficiaries of benefits to hiring, profitability, technical merit, aesthetic or functional characteristics, availability and cost of spare parts, maintenance, technical support, after sales service or similar .
- When only an award criterion is used, it must necessarily be the lowest price.
- The criteria to form the basis for the contract award shall be determined by the contracting authority and detailed in the announcement clauses in the specifications or in the descriptive document.
Preponderance is given to those that refer to features of the object of the contract that may be assessed by figures or percentages obtained through the simple application of the formulas set out in the specifications in determining the award criteria.
The evaluation of tenders according to quantifiable criteria by simply applying formulas will be made after those first make the other criteria is not met in this circumstance, letting documentary record of it.
- The valuation of more than one criterion shall, in particular, in the award of the following contracts:
- Those whose projects or budgets have not been previously established and should be submitted by bidders.
- When the contracting authority considers that the definition of the provision is likely to be enhanced by other technical solutions to be proposed by the bidders by submitting variants, or reductions in their duration.
- Those for whose execution facilitates organ, agency or contracting entity or material aids which require special guarantees proper use by contractors.
- Those requiring the use of particular technology or whose implementation is particularly complex.
- Supply contracts unless the products to be acquired are clearly defined to be standardized and not possible to change the delivery or modifications of any kind in the contract and are therefore the price determinative of the award.
- service contracts, unless the benefits are clearly defined and is not technically possible to vary the delivery or modifications of any kind in the contract and are therefore the price determinative of the award.
- contracts whose performance may have a significant impact on the environment, whose award is valued measurable environmental conditions, such as lower environmental impact, saving and efficient use of water. and energy and materials, environmental life cycle cost, procedures and methods of organic production, generation and waste management and the use of recycled or reused materials or organic materials.
- When you take into account more than one criterion, it shall specify the relative weighting given to each of them, which can be expressed by providing for a range with an appropriate range. In the event that the award procedure is articulated in several phases, it will also indicate in which of them will apply different criteria and the minimum score threshold required the bidder to continue in the selection process.
- When, for duly justified reasons, not possible to weigh the criteria chosen, they will be listed in descending order of importance.
- The chosen criteria and their weighting will be indicated in the contract notice, if it should be published.
ARTICLE 66. Classification of provisional and final offers and the contract award.
- The contracting authority shall classify the proposals presented, in descending order, according to the criteria referred to in the previous article, for which purpose, be taken into account when a plurality of award criteria, may request technical reports few deems appropriate and provisionally award the contract to the tenderer which has submitted the most economically advantageous. When the only criterion to consider is the price, it is understood that the most economically advantageous tender is that which incorporates the lowest price.
- The contracting authority may not declare void a tender when there is any offer or proposal that is permissible according to the criteria stated in the specifications.
- The award to the tenderer who submits the most economically advantageous offer does not apply when the contracting authority reasonably presume that the proposition can not be fulfilled due to the inclusion therein of abnormal values or disproportionate
- The provisional award will be agreed by the contracting authority in a reasoned decision to be notified to candidates or tenderers and published, if appropriate, in an official journal or contractor profile of the contracting authority, continue to apply the provisions Article 67 regarding the information to be provided to those although the deadline for submission will be five working days. In negotiated procedures, the provisional award materialize and set the final terms of the contract.
- The final elevation of the provisional allotment shall not occur later than fifteen working days from the day following that on which it is published in an official journal or contractor profile of the contracting authority.
- During this period, the contractor must submit supporting documentation to date in fulfilling their tax obligations and Social Security and any other documents proving their ability to hire or the effective provision of the means that would have been committed to dedicate or ascribe to the contract in accordance with Article 28.2 claims that the contracting authority as well as a guarantee that, if necessary, appropriate. The corresponding certificates may be issued by electronic, computer or telematic means unless otherwise stated in the specifications.
The interim final award should be raised to within ten working days after the date of expiry of the period prescribed in the first paragraph of this section, provided that the contractor has submitted the aforementioned documentation and made the final guarantee, should be required .
- When not from the final award of the contract to the tenderer would have been provisional contractor for not meeting the conditions required it to do so, prior to reconvening the Association may make a new provisional award to the tenderer or tenderers following thereto, the order in which they have been classified their offers, if this is possible and that the new contractor has given his compliance, in which case it within ten working days shall be given for completion as stated in the second paragraph of the previous section . Furthermore, this same procedure can be followed in the case of contracts not subject to harmonized regulation, in the case of continuing the execution of a contract already started and has been declared resolved.
Article 67. Notification to candidates and tenderers.
- The final award of the contract, which in any case must be substantiated and notify the candidates or tenderers.
- If the interested parties request, will be provided with information, no later than fifteen days from receipt of such request, the reasons for rejection of his application or his proposition and the characteristics of the proposition tenderer who were determinants of the award in his favor.
- The contracting authority may withhold certain information relating to the award if it considers duly justifying it on the record, that the disclosure of such information could hinder the application of a rule, be contrary to the public interest or prejudice legitimate commercial interests of companies public or private or fair competition between them, or in the case of contracts declared secret or confidential or whose performance must be accompanied by special security measures in accordance with the law.
Article 68. Advertising of awards.
- The final award of contracts whose value exceeds the amounts referred to in Article 55.3 shall be published in the contractor profile of the contracting authority.
- When the amount of the contract is equal to or greater than 100,000 euros the final award may be published if agreed by the contracting authority also in the "Official Gazette" or in the respective newspapers or official journals of the Autonomous Communities or the provinces, an advertisement in which to realize such an award in a period not exceeding forty-eight days from the date of contract award.
ARTICLE 69. Registration of contracts.
1. Contracts entered into by the Association for Integrated Development of Territory "Montes Toledanos" documentary to be formalized within ten working days, counting from the day following notification of the final award, the document constituting sufficient title access any public record. However, the Contractor may request that the contract be raised to public deed, running from office the expenditure.
2. In the case of smaller contracts defined in Article 55.3 will be, in terms of its execution, as provided for in Article 46.
3. You can not start the execution of the contract without prior formalization.
SECTION 2 ~ OPEN PROCEDURE
Article 70. Delimitation.
In the open procedure all interested contractors may submit a proposal, excluding any negotiation of the terms of the contract with the bidders.
Article 71. Information to tenderers.
- Where access is not provided by electronic, computer or telematic means to the contract documents and any supporting documents, they will be sent to interested parties within six days of receiving an application to that effect, provided that the same has been submitted before the deadline for submission of tenders at the time that the contracting authority, in the circumstances of the contract and the procedure is stated in the specifications.
- Additional information requested on the specifications and the additional documents must be provided at least six days before the deadline fixed for the receipt of tenders, provided that the request has been submitted at the time that the body hiring in the circumstances of the contract and procedure, it has stated in the specifications.
- Where the specifications and the supporting documents or additional information, although requested in due time, have not been provided within the time limits or where tenders can be made only after a visit to the site or after consultation " in situ "of the documents supporting the contract documents, the time limits for receipt of tenders shall be extended so that all interested parties concerned may be aware of all the information needed to produce tenders.
Article 72. Deadlines for submission of proposals.
In contracts for the Association for Integrated Development of Territory "Montes Toledanos", the deadline for submission of proposals shall not be less than fifteen days from the publication of the contract notice. In the works contract, the period shall be at least twenty-six days.
Article 73. Consideration of proposals and award proposal.
- The body responsible for the assessment of proposals previously qualify documentation Article 62, to be submitted by tenderers on containing different proposition, and then proceed to the opening and examination of the proposals referred to formulating the appropriate award proposal to the contracting authority, after weighing the criteria to be applied to make the selection of the successful tenderer. The opening of the bids shall be made within a maximum period of one month from the date of expiry of the deadline to submit offers. In any event, the opening of the financial offer will take place in public, except when it is expected to act in the bidding electronically usable.
- When for the assessment of the proposals have taken into account criteria other than price, the body responsible for it may, before making its proposal, few technical reports considered accurate. They may also request these reports as necessary to check that tenders comply with the technical specifications.
- The proposal for award does not create any right in favor of the proposed facing the Association for Integrated Development of Territory "Montes Toledanos" bidder. However, when the contracting authority not to award the contract in accordance with the proposal shall justify its decision.
ARTICLE 74. Adjudication.
- When the only criteria to consider when selecting the winner of the contract is the price, the provisional award shall be made by no later than fifteen days from the day following the opening of the bids.
- Where the award of the contract to be taken into account a number of criteria the deadline for making the provisional award shall be two months from the opening of the bids, unless it had set up another in the specific administrative clauses .
- Otherwise the award within the prescribed deadlines occur, bidders shall be entitled to withdraw his proposal.
Section 3 NEGOTIATED PROCEDURE
ARTICLE 75. Characterization.
- In the negotiated procedure award justifiably lie with the bidder chosen by the contracting authority, after consultation with various candidates and negotiate the terms of contract with one or more of them.
- The negotiated procedure will ensure attendance by 1 ~ compliance under Article 81.1.
ARTICLE 76. General Assumptions.
In the terms established for each type of contract in the following articles, contracts entered into by the Association for Integrated Development of Territory "Montes Toledanos" may be awarded by negotiated procedure in the following cases:
- When the propositions or financial bids in open procedures previously followed are irregular or unacceptable for lacking business aptitude have arisen, for violating the conditions for submitting variations or improvements, or include abnormal or disproportionate values, provided that substantially alter the original terms of the contract.
- Exceptionally, in the case of contracts in which, because of their characteristics or the risks posed, can not be predetermined the overall price.
- When, after an open procedure been followed, has not made any offer or bid or bids are not appropriate, provided that the original terms of the contract are not substantially altered.
- Where, for technical or artistic reasons or for reasons connected with the protection of exclusive rights the contract may be awarded only to a particular employer.
- When an urgency resulting from unforeseeable by the contracting authority and not attributable to the same events, demand a prompt execution of the contract can not be achieved by the application of urgent processing governed by Article 47.
ARTICLE 77 works contracts.
In addition to the cases provided for in Article 76, works contracts may be awarded by negotiated procedure in the following cases:
When the works are performed solely for purposes of research, testing or development and not to establish commercial viability or to cover the costs of research and development.
- In the case of additional works not included in the project or in the initial contract but due to unforeseen circumstances, become necessary to execute the work as it was described in the project or the contract without modification, and whose execution is entrusted to the contractor of the main work or dealer of public works in accordance with the prices governing for primitive or, if secured, contradictorily contract, provided that the works can not be technically or economically separated from the original contract without major inconvenience to the Association for Integrated Development of Territory "Montes Toledanos" or that, although separable, are strictly necessary for its completion, and that the total of the additional works does not exceed 50 percent the original contract price. Other additional works not meeting the above requirements shall be subject to independent contracting.
- When the works consisting in the repetition of similar awarded by open procedure to the same contractor by the contracting authority, provided they conform to a basic project which was the subject of the initial contract awarded under these procedures, the possibility of Use of this procedure is indicated in the notice of the initial contract and that the amount of new works has been computed by fixing the amount of the contract.
You can only use this procedure for a period of three years from the conclusion of the original contract.
- In any case, whose estimated value is less than 200,000.00 euros.
ARTICLE 78. Contracts of supply.
In addition to the cases provided for in Article 76, the supply contracts may be awarded by negotiated procedure in the following cases:
- When products are manufactured purely for the purpose of research, experiment, study or development; this condition does not apply to mass production intended to establish commercial viability or to recover research and development costs.
- In the case of additional deliveries by the original supplier which constitute either a partial replacement of supplies or installations in common use, or an extension of existing supplies or installations, where a change of supplier would compel the contracting authority to acquire material having different technical characteristics, resulting in incompatibility or technical difficulties in operation and maintenance disproportionate. The length of such contracts as well as that of recurrent contracts may not, as a rule, exceed three years.
- In the case of the acquisition on organized markets or commodity exchanges supplies listed therein.
- In the case of a concerted supply particularly advantageous conditions with a supplier definitively winding up its business, or managers of a contest activities, or through a court settlement or a process of the same nature.
- In any case, whose estimated value is less than 60,000 euros.
Article 79 Service contracts.
In addition to the cases provided for in Article 76, service contracts may be awarded by negotiated procedure in the following cases:
- When, due to the characteristics of the benefit, especially in contracts aimed benefits of an intellectual nature and those falling within category 6 of Annex II of the Law on Public Sector Contracts, not possible to establish their conditions the precision required to award a contract by open procedure.
- In the case of services not included in the project or in the contract but due to unforeseen circumstances, become necessary to run the service as it was described in the project or the contract without modification, and whose implementing the businessman who was awarded the main contract in accordance with governing prices for this or that, where appropriate, be contradictory set, provided that the services can not be technically or economically separated from the original contract without causing major inconvenience to be trusted the Association for Integrated Development of Territory "Montes Toledanos" or that, although separable, are strictly necessary for its completion and the accumulated amount of additional services does not exceed 50 percent of the original contract price.
You can only use this procedure for a period of three years from the conclusion of the original contract.
- where the contract concerned follows a contest and must, under the rules applying, be awarded to the winner. If there are several winners will be invited them all to participate in the negotiations.
- In any case, whose estimated value is less than 60,000 euros.
Article 80. Delimitation of the subject matter of negotiation.
Shall determine the economic and technical aspects, if any, are to be negotiated with companies in the contract documents.
Article 81. Negotiation of contract terms.
- In the negotiated procedure is necessary request offers at least three qualified for the realization of the object of the contract companies, wherever this is possible.
- Contracting authorities may articulate the negotiated procedure in successive stages in order gradually to reduce the number of offers to negotiate by applying the award criteria stated in the specifications, indicating to them whether to use this power. The number of solutions that reach the final stage should be sufficiently broad to ensure effective competition, provided that they have submitted a sufficient number of appropriate solutions or candidates.
- During the negotiations, contracting authorities shall ensure that all bidders are treated equally. In particular they shall not provide for discriminatory manner which may give some tenderers an advantage over others.
- Contracting authorities shall negotiate with tenderers the tenders submitted by them in order to adapt to the requirements stated in the tender documents and the contract notice, if any, and the additional documents in order to identify the most economically advantageous tender.
- The record shall be made of the invitations,
of the offers received and the reasons for acceptance or rejection.
Effects, compliance and termination of contracts
Article 82. Legal regime.
The effects, compliance and termination of contracts concluded by the Association for Integrated Development of Territory "Montes Toledanos" shall be governed by the rules referred to in Article 7 and by the specifications of clauses and technical specifications approved for award .
Article 83 Contracting authorities.
- The Board of Directors and the President are the contracting of the Association for Integrated Planning "Montes Toledanos" Development and therefore are entitled to celebrate in His name ~ contracts within its jurisdiction under as provided in its Statutes.
ARTICLE 84. Authorization to contract.
- The President of the Association for Integrated Development of Territory "Montes Toledanos" shall have the power to hire, according to the Public Sector Contracts Act, the following types of contract: