Suministro de sal con destino a los dispositivos de vialidad invernal para LYMA

✓Minimum economic and financial solvency is defined as an annual turnover in the best of the last three financial years of at least 25% of the estimated contract value, i.e. 24,750 EUR, evidenced for natural persons by a responsible declaration and for legal persons by approved and filed annual accounts.

✓Technical/professional solvency requires contracts of similar nature over the last three years whose cumulative amount reaches at least 24,750 EUR, evidenced by documents such as invoices, contracts or certificates of good performance.

✓Professional licensing is not applicable, and registration in ROLECE is explicitly not required, as this would limit competition in the specific sector (per art. 159.4.a LCSP).

✓Additionally, suppliers admitted to the SDA must provide, for each contract based, proof of a professional liability insurance with a coverage at least twice the estimated contract value, although the matrix table marks “Seguro de responsabilidad civil: SÍ” but then uses a checkbox scheme indicating the obligation in narrative form.

✓Award criteria and their weighting are structured in two levels: for the SDA itself and for the contracts based.

✓In the platform summary, the award criteria are described as “Criterios evaluables mediante aplicación de fórmulas”, with one configured generic criterion of type “Otros” with a 100% weighting, but the detailed CCP states that for each contract based the price or cost of the supplies can be weighted between 0% and 100% of the total score.

✓Other quality‑related criteria, such as the quality of materials, quality of execution, post‑sale service and guarantees, or reduced delivery times, may jointly receive between 0% and 50% of the score depending on how each specific contract based is structured.

✓Thus, price can be the sole criterion (100%) in some contract calls, or combined with technical/quality factors.

✓The number of candidates to be invited in the restricted procedure is limited objectively, with a minimum of 5 and maximum of 99, and the SDA already has three homologated providers listed (HIDROCLORIBERICA, IBÉRICA DE SALES S.A., IMPORTACIONES INDUSTRIALES S.A.).

✓Risks and special conditions for bidders are set out both as contractual obligations and as penalty mechanisms.

✓There are mandatory special conditions of execution of a social and environmental nature: suppliers must choose at least one social measure and one environmental measure, such as actions to promote equality between men and women, training and awareness‑raising of staff, measures to prevent sexual harassment, reconciliation of work and private life, or promoting employment of persons with disabilities or at risk of exclusion; and environmental measures such as minimizing consumption of natural resources (materials, fuels, water), reducing waste, recycling products, using renewable energy, or reducing emissions and hazardous substances.

✓These obligations are “obligación contractual esencial”, and non‑compliance is treated as a serious breach with potential contract termination or penalties up to 10% of the contract price (VAT excluded), in line with art. 202.3 LCSP.

✓Further, specific penalties are described, such as suspension of participation in the SDA for two months following defective performance leading to culpable resolution of a contract based, and a daily delay penalty of 3% of the value of the delayed contract based (“Día de retraso en la ejecución 3% del contrato basado/día”).

✓The regime of payments is monthly, based on orders executed during the month.

✓The SDA requires annual documentation from the contractor demonstrating compliance with these social and environmental obligations, to be submitted to the Contract Responsible.

❓Regarding other procedural conditions and risks, such as question deadlines, subcontracting or site visits, the input text does not explicitly mention a separate deadline for asking questions or clarifications, nor does it regulate subcontracting in detail; such aspects are likely regulated in the CCP and technical pliego referenced but not reproduced.

✓Award is not done via electronic auction (“Subasta electrónica: No”), offers are submitted electronically through the Plataforma de Contratación del Sector Público, and opening of the administrative envelope is scheduled for 16/04/2024 at 23:59.

✓The SDA is subject to ordinary processing and restricted procedure, respecting principles such as publicity, transparency, equality and non‑discrimination.

✓The contract is not covered by the WTO Government Procurement Agreement and does not apply the Clean Vehicles Directive.

❓Where the brief platform summary and the detailed CCP differ in granularity (for example, the generic 100% “Otros” criterion in the PCSP versus the flexible 0‑100% price and 0‑50% quality ranges in the CCP for contracts based), the more specific CCP text should prevail as lex specialis for interpreting award criteria.

✓Similarly, while one table uses checkboxes near “Seguro de responsabilidad civil SÍ/NO”, the narrative clarifies that a liability insurance at least twice the contract value is required and that special social and environmental conditions are obligatory and may lead to contract resolution or penalties if breached.

✓Therefore, in case of apparent discrepancies, such as coarse platform coding versus detailed CCP provisions, the applicable statements are those contained in the approved Cuadro de Características Particulares and Pliego Técnico, as referenced by the approval agreement (ACUERDO APROBANDO EL EXPEDIENTE), which explicitly states that these documents regulate the SDA and its contracts based.

Answers on the required criteria

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

❓Regarding securities such as bid bonds, performance guarantees or warranty guarantees, the provided text does not specify that any of these financial guarantees are required.

✓It does, however, explicitly require insurance: “Seguro de responsabilidad civil SÍ … por importe igual o superior a dos veces el valor estimado del contrato (por siniestro/año)” as a special condition of execution for contracts based on the system.

❓Any possible bid, performance or warranty bonds, if required, would be in the CCP or Pliegos; they are not detailed in the extracted text.

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

❓On subcontracting, the input text is silent: there is no mention of whether subcontracting is allowed, any limits, or any disclosure obligations for subcontractors.

❓Given this silence, the applicable rules would be those in the LCSP and, if any, in the CCP/Pliego de Cláusulas Administrativas.

❓Based on the text provided, no specific subcontracting conditions, percentages, or notification duties to LYMA are described.

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

❓Concerning site visits, there is no reference in the text to any visit to installations, warehouses, or roads, nor to a mandatory inspection or information meeting.

❓The only “otros eventos” listed are classified as “Tipo de Acto: Privado” and explicitly state “Subasta electrónica: No”, but no site visit is mentioned, with no date or obligation to attend.

❓Therefore, on the basis of the given text, no site visit is foreseen or at least none is announced.

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

❓With respect to language requirements, the documentation and links are in Spanish, and the system uses the Spanish ESPD/DEUC viewer; however, the text does not explicitly prescribe the language in which tenders and supporting documents must be submitted, nor does it say whether documents in other languages are accepted.

❓In Spanish public procurement practice the language is normally Spanish, with foreign-language documents often requiring a sworn translation, but this is not spelled out here.

✓The CCP and Pliegos would need to be consulted for the exact language clause.

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

✓Regarding the validity period of the tender (how long the bidder is bound) and the deadline for bidder questions, the input text only provides the deadline for receipt of requests to participate in the dynamic system (“Hasta el 15/04/2024 a las 23:59”) and states the opening date of the administrative envelope (16/04/2024 at 23:59).

❓There is no indication of a specific validity period (e.g. 3 months from submission) and no mention of a separate deadline for raising questions or seeking clarifications.

✓Such details, if defined, would again be contained in the CCP or Pliego de Condiciones Particulares, which are referenced but not reproduced in full in the provided text.

Further details

✓The input text concerns a public procurement procedure in Spain, specifically by “Limpieza y Medio Ambiente de Getafe S.A.M.” (LYMA), for the supply of salt for winter road maintenance through the establishment of a Sistema Dinámico de Adquisición (dynamic purchasing system).

✓The country explicitly mentioned is Spain (ES, Madrid, Getafe), and the procedure is governed by Spanish public procurement law (Ley 9/2017, LCSP) and the EU Directive 2014/24/EU, from the point of view of a Spanish contracting authority.

✓The documents describe, among others, the type of contract (suministro), its estimated value (99,000 EUR), duration (10 years from first homologation / from 15/04/2024 to 15/04/2034), the restricted procedure, electronic submission of offers, and the dynamic purchasing system framework.

✓They repeatedly refer to the “Cuadro de Características Particulares (CCP)” and the Pliegos (administrative clauses and technical specifications), which contain the detailed contractual and tender rules.

✓Thus, for several requested topics, the text points to the CCP as the place where detailed conditions must be checked.