Contracting of construction and metal assembly services

✓Professional habilitation is specified: the bidder must provide certificates of registration in the Registro de Empresas Acreditadas (REA) and in the Registro de Establecimientos Industriales (REI), and any additional specific habilitation mentioned in the Documento de Condiciones Técnicas Particulares for each call under the SDA.

✓TED/PLACSP summary fields say “indicar ‘no aplica’” for solvency criteria, but immediately clarify that all required documentation is set out in PCA clause 2.1.1, so the practical rule is: follow the PCA/Memoria requirements, not the “no aplica” placeholders.

✓Award criteria and their weighting are defined as purely formula‑based and split between price and other quantifiable factors.

✓The main criterion is the economic offer, such as the percentage discount applied to the budget specified in the particular technical conditions of each individual call under the SDA.

✓For this price criterion, the general “Criterios de valoración” document states a minimum weighting of 80 points and a maximum of 100 points.

✓In addition, “Otros criterios” (other quantifiable criteria) may be defined in each specific call’s Documento de Condiciones Técnicas Particulares, with a possible range from 0 to 20 points.

✓The TED/PLACSP notices summarize this as 80% weighting for price and 20% for “Otros”, but the detailed internal document clarifies that exact formulas and points distribution will be set in each specific call, within those ranges.

✓On risks and special conditions, the documentation mentions several elements.

✓There is a definitive performance guarantee of 5% of the contract, as stated in the notices.

✓A specific “PCA Anexo d Régimen Penalizador” (penalty regime) exists, which will define penalties, although the detailed rules are not reproduced in the provided text.

✓Subcontracting is permitted partially, such as for non‑essential tasks, provided the subcontractor meets the same solvency and professional habilitation requirements; subcontracting of “partidas esenciales o críticas” is not allowed, and any prohibition will be detailed in the particular technical conditions of each call.

✓Bidders must indicate in their offer the part they intend to subcontract, in line with Cantabria’s social clauses decree (Decreto 75/2019).

✓Contract assignment (cession) is allowed with prior communication and authorization from MARE, provided the new contractor meets all required conditions.

✓Special social execution conditions apply: where necessary, the contractor should preferentially hire persons in situations of unemployment with difficulties of integration or at risk of social exclusion, and, if these conditions are not met, justify this and then provide specific occupational health and safety training to all employees assigned to the contract; this is expressly stated not to be an “obligación contractual esencial”.

✓There is a mention that invoices and payments will not be electronic (no e‑invoicing or e‑payment).

✓The SDA has a validity period until 13/08/2027; requests to participate are accepted until 18/09/2025 at 12:00, with opening of administrative envelopes on 19/09/2025 at 12:30 at MARE’s central offices in Cartes.

❓The text does not provide a specific question deadline or mandatory site visit, but indicates that all information and pliegos are available via PLACSP and MARE’s profile.

✓As for contradictions or corrections, there are a few apparent inconsistencies between summary fields and detailed internal documents, and the hierarchy of applicable statements needs to be clarified.

✓Such as: the TED/PLACSP fields for solvency state “Criterio de Solvencia Técnica‑Profesional: Otros – Indicar ‘no aplica’” and “Criterio de Solvencia Económica‑Financiera: Cifra anual de negocio – Indicar ‘no aplica’”, whereas the Memoria justificativa clearly requires substantial economic and technical solvency.

✓Similarly, the notices give fixed 80/20 weighting for price/other criteria, but the internal “Criterios de valoración” document says the price criterion will have between 80 and 100 points and other criteria between 0 and 20 points, with exact points set in each call’s Documento de Condiciones Técnicas Particulares; again, the internal criteria document governs, within the framework that price is dominant and other formula‑based criteria are secondary.

✓Where dates differ in formulation (e.g.

Answers on the required criteria

Must securities be provided (bid bond, performance or warranty guarantee)? If so: which, in what amount and by when?

✓Such as regards securities, the contract documentation explicitly states “Garantía Requerida Definitiva Porcentaje 5 %”, meaning a definitive performance guarantee equal to 5% of the contract amount is required.

❓There is no mention in the extracted text of a separate bid bond or warranty guarantee beyond this definitive guarantee.

❓The exact timing (i.e. by when the guarantee must be constituted) is not specified in the excerpts and is referred generally to the Pliego de Cláusulas Administrativas (PCA), which must be consulted for details on submission deadlines and modalities of the performance bond.

Is subcontracting allowed? If so: with which limits and which disclosure duties?

✓Such as subcontracting, the “Memoria justificativa” includes a dedicated section 10 “Subcontratación” stating that the adjudicatario (contractor) may subcontract part of the service to third parties provided that the subcontractor meets the same solvency and specific professional qualification requirements as the bidders.

✓It also specifies that essential or critical parts of the contract may not be subcontracted and must be executed directly by the main contractor; which specific tasks are deemed essential will be defined in the Documento de Condiciones Técnicas Particulares for each individual contract under the SDA.

✓It is explicitly mandatory for bidders to indicate in their offer which part of the contract they intend to subcontract, in line with Article 47 of Decree 75/2019 of Cantabria on social clauses in public procurement.

Is there a site visit, and is attendance mandatory? If so: when?

✓Such as site visits, the text lists “Lugar Oficinas centrales de MARE” and the date and time for “Apertura sobre administrativo” (opening of the administrative envelope) and other events, marked as “Tipo de Acto: Privado”.

❓However, there is no reference to any “visita a las instalaciones” or site visit, nor any indication that a visit is planned or mandatory.

❓Therefore, based on the provided text, no site visit requirement or attendance obligation is specified; if such a requirement exists, it would have to be detailed in the technical specifications (PPT) or the particular conditions of each specific call under the SDA, which are not fully reproduced here.

In which language must the tender and the supporting documents be submitted, and are documents in other languages accepted?

✓Such as the language of submission, the documents and notices are entirely in Spanish and refer to Spanish legal instruments and the Spanish public procurement platform (Plataforma de Contratación del Sector Público, PLACSP).

❓The excerpts do not explicitly state “el idioma de la oferta será el castellano” or similar, nor do they mention acceptance of documents in other languages.

❓Under Spanish practice, the default is that tenders and supporting documents must be in Spanish, and any acceptance of other languages or requirement for translations would normally be indicated in the PCA or technical specifications, but this is not spelled out in the text provided.

How long is the bidder bound by the tender (validity period), and is there a deadline for bidder questions? If so: until when?

✓Such as tender validity and deadlines for bidder questions, the excerpts give several time-related elements: overall contract duration of two years with possible one-year extension; the SDA validity until 13/08/2027; and the deadline for “Recepción de Solicitudes de Participación” (applications to join the SDA) of 18/09/2025 at 12:00, as well as the date for opening the administrative envelope (19/09/2025 at 12:30).

❓However, there is no explicit clause on how long bidders are bound by their tenders (offer validity period) and no clear deadline for asking questions or requesting clarifications in the available text.

✓These aspects are repeatedly said to be “según lo dispuesto en el pliego” (according to what is set out in the PCA), so they must be obtained directly from the Pliego de Cláusulas Administrativas for this procedure.

Further details

✓Services contract for metallic constructions and assemblies under a dynamic purchasing system (SDA) in Cantabria, Spain

✓The input text concerns a Spanish public procurement procedure for “Servicios de construcciones y montajes metálicos” (services of metallic constructions and assemblies) promoted by Medio Ambiente, Agua, Residuos y Energía de Cantabria, S.A.

✓(MARE S.A.), a regional public company in Cantabria, Spain.

✓It describes a services contract (maintenance and repair) tendered via a restricted procedure linked to a Sistema Dinámico de Adquisición (SDA, dynamic purchasing system) and refers repeatedly to Spanish law and Cantabrian regional regulations, so the point of view is clearly that of Spanish public procurement rules.