Gemischter Liefer- und Leistungsvertrag für die Installation einer Photovoltaikanlage zur individuellen Eigenerzeugung mit Speicherung im Pflegeheim und Tageszentrum Sant Lluís

Regarding what the bidder must submit and minimum qualification, the tender uses a single electronic envelope (“sobre único”) containing both administrative documentation and the offer. The bidder must demonstrate general capacity to contract (capacity to act, no prohibition to contract, no incompatibilities, compliance with tax and social security obligations) according to clause 12 of the Pliego de cláusulas administrativas. On solvency, the input text specifies that technical/professional solvency is evidenced, in line with article 89 LCSP, by a list of main works/supplies in the last three years of similar characteristics (supply and installation of PV systems with CPV 45261215); at least in the year of highest activity, the accumulated amount must be ≥ 70% of the estimated contract value, i.e. ≥ 58,617.51 €. Economic/financial solvency, under article 87 LCSP, is shown via annual business volume in the year of highest turnover of the last three closed years, which must be at least 1.5 times the estimated value, i.e. ≥ 125,608.96 €. Additionally, there is a specific professional habilitation requirement: the contractor (or the responsible subcontractor) must be registered as Empresa Instal·ladora en Baja Tensión, category “especialista” in generating systems, under the REBT, since it must issue the Certificado de Instalación Eléctrica (CIE); this will be verified with the regional Directorate General of Industrial Policy.

On award criteria, risks and special conditions, the procedure is “procedimiento abierto simplificado” with a single award criterion: price. As indicated, such as in the procurement notice and the rationale report, specifications, quality parameters, materials and guarantees are fully fixed in the technical project, so the best quality‑price ratio is determined only by the lowest price. The evaluation formula is: Score = 100 × (precio de licitación – oferta licitante) / (precio de licitación – oferta más baja), so the lowest bid gets 100 points and others are scored proportionally. The contract requires a definitive performance guarantee of 5% of the final awarded price (excluding VAT), in accordance with article 107 LCSP; a minimum installation guarantee of 2 years is fixed in the project, during which the contractor is responsible for the maintenance plan (article 167 RD 1098/2001). Subcontracting is allowed in principle, as stated in the notice (“subcontratación parcial permitida según cláusula 33 del Pliego”), but the project identifies “critical” items (such as modules, inverter, battery, support structure and AC/DC cabling/protections) that must be executed and guaranteed directly by the main contractor to avoid coordination risks and dilution of responsibilities. The project also imposes obligations relating to safety and health (drafting and approval of a site‑specific safety and health plan, keeping a site incident book, opening communication of the work centre, keeping a subcontracting book, presence of preventive resources in certain high‑risk tasks) and to construction and demolition waste (the contractor, as waste holder, must submit a waste management plan developing the project’s waste study, and must deliver waste to authorised managers with proper documentation).

As to risks and procedural conditions beyond solvency and award, the input text refers extensively to occupational risk prevention under RD 1627/1997 and Ley 31/1995, listing non‑avoidable risks (e.g. work at height on roofs and scaffolds, manual handling, electrical work, slippery surfaces, outdoor work) and the obligation for contractors and subcontractors to apply preventive principles, comply with the safety plan, coordinate activities, inform autonomous workers and respect instructions from the safety coordinator or site management. The project notes that no division into lots is made, justified technically under article 99.3 LCSP because splitting supply and installation, or civil and electrical works, would critically increase coordination risk. It also clarifies that, due to the contract value (< 500,000 €), classification as works contractor is not required, although an indicative classification (Group I, Subgroup 9, Category 1 for electrical installations) is provided. The documents specify that electronic invoicing is accepted, the tender is not subject to EU harmonised regulation, and there is no electronic auction. The tender calendar is fixed: publication on 20‑10‑2026, deadline for obtaining documents and submitting offers on 04‑11‑2026 at 23:59 via PLACSP, and opening of the single envelope on 05‑11‑2026 at 10:30 in the town hall; the documents do not mention a mandatory site visit.

With respect to contradictions or corrections, the main potential tension lies between the generic statement in the notice that partial subcontracting is allowed and the technical project’s restriction that some key chapters (1.2, 1.4, 1.5, 1.6, 1.7, 1.8, 1.11) must be executed directly by the main contractor. This is not a true contradiction but a limitation within the general permission to subcontract, and, in case of doubt, the specific clauses of the Pliego Administrativo and the approved technical project (which the notice expressly says govern the characteristics of the contract) will prevail. Similarly, although an early resolution of the mayor speaks of “diversos criteris d’adjudicació”, the later, more specific report and the published notice clearly establish a single award criterion (price); given the timeline, the formal tender documents and the notice are the applicable version. The project also notes that price revision does not apply due to the execution term under one year, consistent across documents.