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BASQUE ELECTRICAL LABORATORIES ALLIANCE GENERAL TENDERING CONDITIONS
1.- BASQUE ELECTRICAL LABORATORIES ALLIANCE has a series of general tendering conditions, the aim of which is to regulate internal procurement procedures, which are binding within the organisation and which guarantee effective compliance with the principles of publicity, transparency, confidentiality, equality and non-discrimination. They also ensure that the contract is awarded to the tenderer who submits the most economically advantageous bid, except when various other adjudication criteria are used.
Legal system governing the tenders awarded by BASQUE ELECTRICAL LABORATORIES ALLIANCE
2.- The contracts awarded by BASQUE ELECTRICAL LABORATORIES ALLIANCE are considered private contracts.
3.- The preparation and awarding of contracts by BASQUE ELECTRICAL LABORATORIES ALLIANCE are governed by the general tendering conditions outlined in point 1.
In relation to their effects and cancellation, these contracts are governed by private law.
Tendering principles and rules to be observed by BASQUE ELECTRICAL LABORATORIES ALLIANCE
4.- With the aim of guaranteeing compliance with the principles outlined in point 1, the following rules must be observed in all BASQUE ELECTRICAL LABORATORIES ALLIANCE tendering procedures:
In general, the principal of publicity must be complied with by the dissemination of the tendering information considered appropriate by BASQUE ELECTRICAL LABORATORIES ALLIANCE in its role as the contracting party, although this does not exclude the use of other publicity channels deemed suitable in accordance with each specific situation.
The object of the contracts must always be described in a non-discriminatory manner, with no reference being made to any specific manufacturing method or origin, any specific products or any make, patent, type, origin or production, except when such a reference is suitably justified and is accompanied by the phrase "or equivalent".
No condition may be imposed which discriminates (either directly or indirectly) against potential tenderers from other EU Member States.
If candidates are required to present credits, certificates or any other type of official documents, those documents issued in other Member States must be accepted in accordance with the principle of the mutual recognition of credits, certificates and other diplomas.
In particular, in those contracts for which more than one supplier submits a bid, BASQUE ELECTRICAL LABORATORIES ALLIANCE must guarantee that all tenderers have access to the same information regarding the contract in identical conditions.
The information provided by tenderers during the bidding process will be treated by BASQUE ELECTRICAL LABORATORIES ALLIANCE with all due confidentiality.
5.- In order to enter into a contract with BASQUE ELECTRICAL LABORATORIES ALLIANCE, all candidates must present proof of full capacity to act, proof that they are not subject to the prohibitions for entering into a contract outlined in point 6 of this document and proof of their economic, financial, technical or professional solvency. They must also present proof that they are duly authorised to carry out the activity or provide the service that is the object of the contract in question.
Prohibitions for entering into a contract with BASQUE ELECTRICAL LABORATORIES ALLIANCE
6.- Anyone who is subject to any of the circumstances outlined below may not enter into a contract with BASQUE ELECTRICAL LABORATORIES ALLIANCE:
Having been condemned by firm ruling for criminal association, corruption in international economic transactions, influence peddling, bribery, fraud and illegal exaction, crimes against the Inland Revenue and Social Security, crimes against the rights of workers, embezzlement, receiving of stolen goods and related behaviours, crimes against the environment or loss of civil rights for the practice of one's profession, trade, industry or commerce. This prohibition includes legal persons whose administrators or representatives (while their post or representation is in force) are in the aforementioned situations as a result of activities carried out in the name or on behalf of said legal persons, or in circumstances in which the conditions, qualities or relations required by the corresponding concept of the crime concur for them to be the active subject.
Having requested a declaration of voluntary insolvency, having been declared insolvent during any procedure, having been declared bankrupt, unless an effective agreement was reached, having been subject to judicial intervention or having been banned or barred in accordance with Act 22/2003 of 9 July (Spanish Insolvency Act), without the ban period set forth in the insolvency proceeding having transpired.
Having been sanctioned by means of a firm ruling for any serious criminal offence related to market discipline, professional activities or integration into working life, equal opportunities or discrimination against people with disabilities, or for any serious offence in social matters, including occupational risk prevention or environmental issues.
Failing to comply with the tax or Social Security obligations established by current law.
7.- BASQUE ELECTRICAL LABORATORIES ALLIANCE may demand a specific rating when defining solvency requirements as and when deemed appropriate by the contracting body, in accordance with the special characteristics of the contract to be awarded. This must always be clearly stated in the tender documents. Nevertheless, the rating held by the tenderer will always be admitted as proof of solvency.
8.- In tenders put out by BASQUE ELECTRICAL LABORATORIES ALLIANCE, Register of Tenderers and Classified Companies registration certificates will be accepted as proof of candidates' aptitude as regards their personality and capacity to act, representation, business or professional authorisation, economic or financial solvency, classification and freedom from the conditions which prohibit them from entering into contracts, all of which should be stated in said Register.
9.- In tenders put out by BASQUE ELECTRICAL LABORATORIES ALLIANCE, in general neither a provisional nor a definitive guarantee shall be required, unless otherwise expressly stated by the contracting body.
BASQUE ELECTRICAL LABORATORIES ALLIANCE public tendering procedure
10.- The demands of the principle of publicity shall be complied with by the inclusion of the information on the tender in the contracting profile of BASQUE ELECTRICAL LABORATORIES ALLIANCE, in the case of subsidised contracts subject to harmonised regulation (article 17, Act 30/2007 of 30 October, on Public Sector Contracts).
11.- The awarding of these contracts will be announced in the BASQUE ELECTRICAL LABORATORIES ALLIANCE contracting profile, to ensure that any potential tenderer has access to the relevant information.
12.- The awarding procedure will be open to any candidate that can submit a bid. No negotiations are permitted of the terms of the contract with tenderers.
13.- The maximum deadline for submitting bids will be that established in each individual case. Notwithstanding the above, the deadline for submitting bids may not be less than 15 days, from the date on which the announcement is published in the BASQUE ELECTRICAL LABORATORIES ALLIANCE contracting profile.
14.- Once the maximum deadline established for the submission of bids has transpired, the bids shall be opened. If any of the bids contains defects that can be corrected in the documentation presented, a period of 5 days shall be granted for this purpose, counting from the day of notification.
15.- The results of the process will be published in a specific section on the BASQUE ELECTRICAL LABORATORIES ALLIANCE website, with mention being made of all the bids received and admitted, as well as the winner of the contract.
16.- This information must contain the scores awarded to each bid in accordance with the previously established objective assessment criteria.
Assessment criteria for the bids
17.- When assessing the bids and the economically most advantageous offers, the criteria used should be those directly linked to the object of the contract, such as quality, price, service rendered, deadline for product or service delivery, operating cost, environmental characteristics or characteristics linked to the satisfaction of social requirements in response to the needs defined in the terms of the contract, the needs of particularly disadvantaged segments of the population to which the users or beneficiaries of the services contracted belong, profitability or technical value, aesthetic or functional characteristics, availability and cost of replacement parts, maintenance of the technical service, after-sales service and other similar considerations.
18.- When a single adjudication criterion is used, it must always be that of the lowest price.
19.- The criteria used for awarding the contract shall be decided beforehand by the contracting body and outlined in both the call for tenders and the tender documentation.
Legal system for subsidised contracts, as outlined in Act 30/2007 of 30 October, on Public Sector Contracts
20.- When BASQUE ELECTRICAL LABORATORIES ALLIANCE awards subsidised contracts, as defined in article 17 of Act 30/2007 of 30 October, on Public Sector Contracts, the preparation of said contracts must respect the requirements of articles 101 to 104 of the aforementioned Act (technical regulations); tenderers must provide proof of solvency (articles 51 to 53 of the aforementioned Act) and may not be subject to any prohibition to enter into contracts (articles 49 and 50 of Act 30/2007 of 30 October, on Public Sector Contracts).
21.- Contracts of this kind awarded by BASQUE ELECTRICAL LABORATORIES ALLIANCE may be subject to a special appeal for tendering procedures, as stipulated in article 310 and following of Act 30/2007 of 30 October, on Public Sector Contracts.