Establecimiento de un Sistema Dinámico de Adquisición (SDA) para el suministro de Agua (Bidones y/o servicio de filtrado), y vasos desechables.

✓General admission requirements (capacity to act, no prohibition to contract, compliance with tax and social security obligations, preference rules for companies employing people with disabilities, and for foreign companies, submission to Spanish law) are “según Cláusula 11 del PCAP”.

✓Concerning the scope of the contract — what, how much, where, when — the SDA’s object is the recurrent supply of bottled/filtered water and disposable cups for municipal centres in Alcobendas.

✓The place of performance is Spain, subentidad territorial ES300 (Madrid), with the contracting authority located at Plaza Mayor, 1, 28100 Alcobendas.

✓The SDA initial duration is 3 years from around 14/05/2024 to 12/04/2027 (dates approximate, subject to adjudication), with up to 2 annual prorrogas making a maximum of 5 years for the system; each specific contract under the SDA will have a maximum duration of 18 months.

✓Quantities and unit prices are not fixed in the SDA itself but will be detailed in the Pliego de Prescripciones Técnicas and documentation of each specific contract.

✓The system remains open during its whole vigencia, any interested economic operator may apply within the published participation period (minimum 30 days from dispatch of the notice to the EU Publications Office); in this initial call, the deadline for requests was 13/05/2024 at 23:59, with opening of participation requests around 14/05/2024 at 09:30.

✓Regarding award criteria and weighting, the SDA defines three criteria to be applied to each specific contract, all evaluable by formula: (such as) (i) Oferta económica (price) with a weighting range of 50 to 90 points; (ii) Plazo de entrega del suministro (delivery time) with 10 to 40 points; and (iii) Mejora y adaptación a las características del pliego técnico (quality improvements) with 0 to 50 points.

✓The exact scoring formulas and chosen weights within these ranges will be refined in each invitation for specific contracts, in accordance with art. 226.4 LCSP.

✓The notice also states that the number of bidders invited will not be limited as long as they meet the selection criteria, although a “cantidad máxima 20 / mínima 5” appears as system parameters without actually restricting admissible candidates, and that there is no electronic auction.

✓On risks and special conditions, the documents emphasize several elements.

✓Guarantees: no garantía provisional is required at SDA level, and no baseline garantía definitiva is required for admission to the SDA, given that supplies are consumables delivered and received before payment (art. 107.2 LCSP).

✓However, for specific contracts the contracting authority may require a garantía definitiva equal to 5% of the adjudication amount (excluding VAT).

❓Penalties: by reference to art. 192 and 194 LCSP, general penalties for defective performance or breach of special execution conditions are capped at 10% of the SDA price per penalty and 50% in total.

✓Delay penalties may be 0,60 EUR per 1.000 EUR of the SDA price per day of delay.

✓Additionally, a detailed typology of “incumplimientos leves, graves y muy graves” is given, with monetary penalties defined as minimum 2% of the specific contract price (max 2% of SDA) for minor, 5% (max 5% of SDA) for serious, and 10% (max 10% of SDA) for very serious breaches.

✓Examples include failure to provide required information or invoices on time (leve), repeated defects in supply or non-compliance with technical conditions (grave), defective or irregular supply, or non-compliance with essential legal/technical obligations, including data protection, and repeated serious breaches (muy grave), with the possibility of SDA termination after two very serious breaches and incautación of any guarantee plus damages.

✓Special execution conditions: there is an environmental condition requiring that packaging has the lowest possible ecological impact; packaging must be labelled accordingly and the contractor must submit an annual signed declaration and descriptive report proving compliance — its breach is explicitly classified as a grave infringement.

✓Another essential special condition is the obligation to comply with national and EU data protection rules, whose breach is explicitly a very grave infringement under art. 211.1 g) LCSP.

✓Subcontracting is allowed under art. 215 LCSP but bidders must indicate in their offer the portion of the contract to be subcontracted, the amount and the identity or professional profile (with reference to solvency conditions) of subcontractors.

✓The SDA is fully electronic, requires electronic orders and invoicing (FACE), and uses electronic payment; any site visit obligation is not mentioned in the excerpts.

✓For instance, the SDA duration is consistently described as 3 years with up to 2 years of prorrogas (total 5 years) and the vigencia date range (14/05/2024–12/04/2027) in the notice aligns with the initial 3-year period.

✓The value estimado is always 206.500 EUR with the same internal breakdown.

✓A subtle tension exists in solvency thresholds: the text on solvencia económica specifies a turnover minimum of 45.000 EUR, whereas the solvencia técnica section states that the minimum value to prove technical solvency is “un volumen de negocios mínimo anual de 50.000 euros”; this suggests either a drafting slip (using turnover also as technical threshold) or that economic and technical thresholds are slightly different.

✓Another apparent inconsistency is that the environmental packaging condition is first characterized as a “condición especial de ejecución” whose breach is “incumplimiento grave”, while in the penalty typology the same condition appears as grave, keeping that classification coherent.