Sistema dinámico de adquisición de recambios para los equipos de los vehículos de la flota de EMAYA

✓The other technical quality criteria (such as quality of materials, quality of execution, delivery times and after-sales service/guarantees) are specified in each contract based, each weighing between 0% and 20%.

✓The details of the call for tenders show that the ‘performance prices’ can be weighted up to 80–100 points and the ‘other criteria relating to technical quality’ up to 20 points, although the sheet shows ‘Weighting: 0” as a generic marker and refers the actual weighting to the based contracts.

✓For contracts based on electronic catalog, the award is made on the basis of the prices contained in an Excel hosted in Microsoft 365; for contracts based without a catalogue, it is tendered electronically by inviting all those admitted, without accepting offers that exceed the maximum prices set by EMAYA.

✓With regard to risks and special conditions, penalties are described such as: suspension of participation in the DPS for 3 months due to non-participation (not bidding on specific contracts for 3 months in a row) or for culpable termination of a specific contract with defective performance (including supply of incorrect parts or in poor condition), penalised with the value of the required part plus late payment penalties.

✓Penalties are set for delays in supply: 100 €/day per stationary vehicle more than 24 hours for unjustified reasons and 50 €/day when it does not involve the paralysis of the vehicle.

✓Liability insurance with minimum coverage of € 150,000 per claim is required.

✓As established, there is no subrogation of staff or critical tasks prohibited from subcontracting, and abnormally low tenders (P ≤ 40 % of the arithmetic average, or P ≤ 30 % of the maximum price in case of a single tenderer) are regulated.

✓Submission of tenders and requests to participate is exclusively electronic via the Public Sector Procurement Platform; the maximum period for initial proposals is 35 days from the date on which it is sent to the OJEU (although the memorandum cites 30 days in accordance with Article 225(2) of the LCSP, which is corrected in the notice), and the applicant may apply for membership for the entire duration of the system.

✓There is no mandatory visit to facilities, and a commercial warranty period of 3 years from receipt is established, with the right of EMAYA to review goods for 30 days and pay invoices 30 days from their conformity.

✓As for contradictions or corrections, the text shows some nuances between documents: such as the difference between ‘30 days’ (memory/act of the purchasing officer citing Article 225(2) LCSP) and ‘35 days’ for the submission of tenders according to the notice published on the Platform and the OJEU; in this case, the deadline published in the official announcement (35 days) prevails, which is also aligned with the SARA system.

⚠There is also a slight lag in the starting dates of the DPS (the memorandum links it to 05/01/2025 for a particular contract and the notice sets the general period from 01/08/2024), although the applicable regime is that set out in the tender documentation and in the contract notice for the system as a whole, and the individual contracts conform to their own date of signature and registration in EMAYA.

✓In the admission of bidders, the Board of Directors is indicated as the competent body in the July 2024 resolution, with subsequent delegation to the Manager to admit new entrepreneurs, which is then specified in the admission resolution of CEF Almacén Material Eléctrico, S.A.; therefore, in case of doubt, the scheme applies: Board of Directors for the initial approval of the SDA and first admission, and Manager by delegation for subsequent accessions during the validity of the system.