Establecimiento de un Sistema Dinámico de Adquisición (SDA) para el suministro de productos de papelería y material de oficina.

✓There must also be a commitment to allocate personal and material resources to execute the SDA.

✓Additionally, a “bastanteo de poderes” (verification of powers of representation) done specifically by the legal services of the Ayuntamiento de Alcobendas is required: bidders must pay the corresponding municipal fee, include proof of payment and scanned powers in the solicitation envelope, after which the Ayuntamiento processes the verification.

✓Concerning the scope of the contract (what, how much, where, when), the SDA covers all current and future market products of analogous nature within the two categories, as long as they are office/consumable supplies needed for municipal administration.

✓As such, precise technical characteristics and quantities are not fixed in the SDA itself but will be defined in the Pliego de Prescripciones Técnicas of each specific contract (contrato específico) and in associated fichas técnicas.

✓The total estimated value for three years plus up to two prorrogas and a 20% modification margin and 10% unit-increase margin is 678,500 EUR (base imponible), with no initial fixed presupuesto base de licitación for the SDA in line with art. 100.3 LCSP; each specific contract will have its own budget and unit prices.

✓Performance is in Alcobendas (Spain), with electronic ordering, electronic invoicing (FACE), and electronic payment.

✓Regarding award criteria and their weighting, for all categories the SDA establishes that specific contracts will be awarded to the best offer under art. 226.4 LCSP, using multiple criteria evaluables mediante fórmula.

✓As indicated, such as: (1) economic offer (price) with a minimum weighting of 50 points and a maximum of 90 points; (2) delivery time for the supply, weighted between 10 and 40 points; and (3) quality-related criterion “Mejora y adaptación a las características establecidas en el PPT (calidad)” with a weighting between 0 and 50 points.

✓The platform listing shows these criteria as formula-based subcriteria (price: 50 points, delivery: 10, quality: 0–50), and the pliego notes that the exact formulation and ranges will be detailed in each invitation to tender for specific contracts.

✓The SDA itself allows unlimited admission of candidates meeting selection criteria (no limitation of number of licitadores), with minimum 5 and maximum 20 indicated only as platform fields, but the legal text insists that all qualifying bidders must be admitted, in accordance with art. 224 and 225 LCSP.

✓As for risks and special conditions, the SDA includes environmental conditions especiales de ejecución: packaging must be less polluting, with recycled material and renewable raw materials; bidders must submit a signed declaration at the start of each specific contract committing to this, and non-compliance is classified as a grave breach.

✓No provisional guarantee is required for participation in the SDA, arguing lack of sufficient public interest justification under art. 106 LCSP.

✓No definitive guarantee is demanded for mere adhesion to the SDA because the supplies are consumable goods delivered and accepted before payment (art. 107.2 LCSP).

✓However, specific contracts may require a definitive guarantee up to 5% of the award amount (excluding VAT), to be specified in the invitation.

✓Subcontracting is permitted under art. 215 LCSP, but bidders must state in their offer which part they plan to subcontract, its amount, and the subcontractor’s name or profile (technical/ professional solvency).

✓The SDA explicitly states that participation does not guarantee award of any contract; awards will always go to the best offer for each concrete need.

✓Concerning penalties and contractual risk, the SDA defines penalidades generales and specific sanctions.

✓In general, penalties for defective performance, breach of commitments or special execution conditions must be proportionate and may not exceed 10% of the SDA price per penalty, nor a total of 50% of the SDA price.

✓Delay in performance may lead to daily penalties of 0.60 EUR per 1,000 EUR of the SDA price or to resolution of the SDA.

✓Penalties are executed by deduction from payments or, if applicable, from the guarantee, and do not preclude damages claims.

✓Specifically, infringements are classified as leves, graves, muy graves.

✓Such as: minor infringements (leve) include failure to provide requested information in time, unjustified delays in billing or in handling corrections, and other non-serious breaches; grave infringements include, among others, repeated delays or defects in information and invoicing, failure to comply with orders to change supplies, failure to provide committed means, unjustified modification of contract conditions, staff incidents, repetition of minor breaches, and failure to abide by ecological impact conditions; very grave infringements include non-compliance with supply deadlines, non-respect of PPT conditions, defective supplies, breach of sectoral regulations, breach of confidentiality, and especially non-compliance with the data protection condition deemed an essential obligation under art. 211.1.g LCSP, plus any other essential SDA obligation.

✓Penalty bands are 2% of the specific contract price (up to 2% of the SDA) for minor, 5% (up to 5% of SDA) for grave, 10% (up to 10% of SDA) for very grave; two very grave breaches may lead to resolution of the SDA, with possible forfeiture of guarantee and additional damages.

✓There is also a conceptual tension between platform fields that mention “no se va a limitar el número de licitadores, Cantidad Máxima 20, Cantidad Mínima 5” and LCSP art. 224, which prohibits limiting the number of admissible candidates in an SDA; the legal text resolves this by stating that all who meet criteria must be admitted, so the legal rule prevails over indicative platform numbers.

✓Likewise, any apparent contradiction between the absence of a budget base at SDA level and the presence of “presupuesto base de licitación” values in the platform entries is explained by the LCSP rule that the SDA has only an estimated value and that binding budgets apply only at the level of each specific contract.