OBJECT/ The purpose of this call is the CONTRACTING of SCIENTIFIC- TECHNICAL ASSISTANCE to support the entity Asociación Territorio Mudéjar for the management and implementation of the actions agreed with the Town Council of Daroca concerning the Action nº33 of the “Plan de Sostenibilidad y Modernización Turística del Ayuntamiento de Daroca. Facilitating access to heritage through accessibility”.
The main objective of the recruitment is the selection and incorporation of a professional expert in the management of the historical-artistic heritage of Daroca from the field of preventive conservation, intervention and study of the uses of heritage in the service of cultural and heritage tourism to form part of the work team, as Deputy Director, which will address the actions agreed between the City Council of Daroca and the entity Territorio Mudéjar.
This call is contemplated in the special collaboration agreement signed between Daroca Town Council and the Territorio Mudéjar Association and approved in the plenary session held on 15 April 2023. Having analyzed and explained the high degree of complexity due to the special characteristics of the resources that are the object of the actions foreseen for the implementation of the “Tourism Sustainability and Modernisation Plan for the Daroca Town Council. Facilitating access to Heritage through accessibility“, hereinafter PSTD, approved the signing of the “Spatial collaboration agreement – Historical and Artistic Heritage and Sustainable Tourism between the town council of Daroca and the Territorio Mudéjar Association.
This agreement has been reviewed, supervised and authorized by the Secretary of State for Tourism of the Ministry of Industry, Trade and Tourism. It also has the express authorisation of the Directorate General for Tourism of the Government of Aragon, the administration responsible for the collaboration agreement signed on 17 October 2022 between the Daroca Town Council and the Government of Aragon for the implementation of the tourism sustainability plan at the destination of the corresponding territorial plan for tourism sustainability at the destination of Aragon, financed by European Union Next-Generation EU funds.
The call is framed in the approved work report that specifically develops the technical and economic issues to be applied to the so-called Performance nº33, incorporated by means of an Addendum to the project dated 23 May 2023 of the aforementioned agreement between the Government of Aragon and the Daroca Town Council, as set out below:
- That a large part of the actions approved in the PSTD plan (Extraordinary Programme for Tourism Sustainability in Destinations 2021-2023) affect the Historic-Artistic Site of Cultural Interest in the city of Daroca, declared as such by Decree 1450/1968 of 6 June and published in the Official State Gazette (BOE) No. 158 of 2 July 1968. In addition to the aforementioned declaration, the actions affect assets of different kinds, including, among others, those listed in the Order of 17 April 2006, of the Department of Education, Culture and Sport, which approves the list of castles and their locations, considered Assets of Cultural Interest by virtue of the provisions of the second additional provision of Law 3/1999, of 10 March, on Aragonese Cultural Heritage, for the Daroca fortified enclosureDecree 267/2002, of 23 July 2002, of the Government of Aragon, declaring the so-called “La Mina” in Daroca (Zaragoza) an Asset of Cultural Interest, in the category of Monument; Decree 572/1963, of 14 March. Second Additional Provision of the law; as well as the assets included in the catalogues of architectural heritage and archaeological heritage of the PGOU of Daroca. The architectural heritage catalogue includes 31 properties requiring integral protection, 35 requiring structural protection and 143 requiring environmental protection.
- That, according to the conditions listed above, all actions carried out in the delimitation of the Assets of Cultural Interest are governed, among others, by the following regulations: Law 3/1999, of 3 March, on Aragonese Cultural Heritage, Decree 6/1990, of 23 January, approving the system of authorisations for carrying out archaeological and palaeontological activities in the Autonomous Community of Aragon, Decree 300/2002, of 17 September, of the Government of Aragon, regulating the Provincial Commissions of Aragonese Cultural Heritage, Decree 134/2005, of 5 July, of the Government of Aragon, modifying Decree 300/2002, of 17 September, regulating the Provincial Commissions of Aragonese Cultural Heritage and the Order of 11 July 2005, of the Department of Culture and Sport, modifying the Order of 26 September 2002, of the Department of Culture and Tourism, approving the Rules of Operation of the Provincial Commissions of Aragonese Cultural Heritage.
- That due to the high degree of complexity in the execution, due to the special characteristics of the resources that are the object of the planned actions, the Daroca Town Council considers of special interest and necessity the incorporation of the Asociación Territorio Mudéjar for its special work of advising the member town councils in the management of historical-artistic heritage, according to the needs of the working group defined in the section 6.6 Implementation. Timing of the PSTD and given its important implantation in the territory, the knowledge of the heritage resources that are the object of the actions, the relationship established with the interlocutors, as well as the availability of the entity’s own equipment and tools suitable for the special characteristics of the advice required in the actions of the PSTD.
- That the incorporation of the Asociación Territorio Mudéjar into the Working Table foreseen in the point 6.6 Execution. Timing of the project “Plan for Sustainability and Tourism Modernisation of the Daroca Town Council. Facilitating access to heritage through accessibility”. will involve the contribution of a work team made up of heritage professionals, led by the association Territorio Mudéjar, for the development of consultancy, technical, legal or financial advice, among others, necessary and foreseen in the PSTD, specifically named as Action no. 33.
PROCEDURE/ The call for tenders is carried out by SIMPLIFIED OPEN PROCEDURE according to the evaluation criteria established in the call for tenders and in accordance with the regulations governing Public Sector Contracts.
CONTRACTINGENTITY/ Territorio Mudéjar Association
BUDGET/ The basic tender budget for the contracting of the service amounts to the sum of 41,322.31 € – Forty-one thousand three hundred and twenty-two euros and thirty-one cents -, on which the amount of 21% VAT 8.677.69 € -eight thousand six hundred and seventy-seven euros and sixty-nine cents-, the total amount being 50,000.00 € -fifty thousand euros-. This amount acquires the condition of Estimated Contract Value and may be reduced downwards, with proposals that exceed it being excluded.
These values include direct and indirect costs and any other expenses necessary for their implementation.
Tenders that fall into the following categories shall be considered as abnormally low tenders:
- When, in the case of a single tenderer, it is lower than the base tender budget by more than 25 percentage points.
- When, when two bidders are competing, the one bidder is more than 20 percentage units lower than the other bid.
- When, when three or more tenderers participate, the tenders are more than 10 percentage units lower than the arithmetic mean of the tenders submitted. However, if among them there are bids that are more than 10 percentage units higher than this average, a new average will be calculated only with the bids that are not in the aforementioned situation. And, in any case, if the number of remaining bids is less than three, the new average shall be calculated on the three lowest bids.
FINANCING/ The contract is financed by the association Territorio Mudéjar, which in turn is the beneficiary of a nominative subsidy allocated by Daroca Town Council for this action and others through the agreement described above, 100% financed by the Plan de Sostenibilidad Turístico en Destino approved by the Secretary of State for Tourism and managed by the Government of Aragón through the Directorate General for Tourism.
ANNUALITIES/ Amounts per annuity:
- Year 2023. 15.625,00 € (tax incl.)
- Year 2024. 34.375,00 € (tax incl.)
TIME LIMIT FOR PERFORMANCE AND EXTENSIONS/ The material execution of the service will have a maximum duration of 16 months or in any case until 31 December 2024 at the latest. The procedure is not subject to extension.
GUARANTEES/ The procedure does not provide for a provisional guarantee or a definitive guarantee.
PAYMENT/ The Asociación Territorio Mudéjar will pay the price of the service to the successful tenderer upon presentation of the corresponding invoices and compliance with the other regulatory procedures.
It is indicated that the contracting body is the Management and Administration Department of the Asociación Territorio Mudéjar and the recipient of the invoice will be: Asociación Territorio Mudéjar, with Tax Identification Code G-99532608 and address at Plaza de San Pedro, nº 1. 50325 Tobed- Zaragoza- Spain. This information must be stated on the corresponding invoices.
At the time of validating the corresponding invoices and prior to their payment, the successful tenderer will be required to prove that he is up to date with payments to the Tax Agency and the Social Security Treasury by presenting certificates.
All persons, natural or legal, Spanish or foreign, with full capacity to act, who are not subject to a prohibition to contract in accordance with the Contracts Act and current regulations, shall be admitted as bidders.
In order to be admitted to the procedure it will be necessary to accredit:
ECONOMIC OR FINANCIAL SOLVENCY/. Evidence shall be provided by the following means:
- Statement of the accumulated annual turnover for the last three financial years. Accreditation may be provided by means of annual accounts approved and deposited in the Mercantile Register or official register to which the bidder is obliged. Inventory books or balance sheets accompanied by a declaration of responsibility in the case of individual or self-employed entrepreneurs. A minimum requirement is that the cumulative amount must be equal to or greater than the estimated value of the contract.
TECHNICAL OR PROFESSIONALSOLVENCY/ To be demonstrated by the following means:
- A list of the main services, of the same nature or linked to the elements to be managed in the contract, carried out in the last three years, attested by certification including name of the work, amount, dates and recipient. A minimum requirement is that the cumulative amount must be equal to or greater than the estimated value of the contract.
COMMITMENT OF MEANS/
- The successful bidder must appoint a Project Manager who will be responsible for the execution of the contract. This person must have a degree or equivalent degree in Architecture, Technical Architecture, Engineering, History or History of Art.
- English (minimum B2).
- Experience in 5 works on the knowledge of the integral and strategic management of the cultural and natural heritage in the territorial cultural and natural heritage in the territorial scope of work of the Territorio Mudéjar entity, being at least 2 related to the knowledge and management of the historical-artistic heritage of the town ofartistic heritage of the city of Daroca, specific object of the contract.
- The successful bidder must accredit the current employment relationship of the designated person by presenting the documentation that accredits the employment relationship with the company, unless he/she is the representative of the company, providing the documentation that accredits this.
- Documentation accrediting the academic training of seconded personnel must be provided by means of a certified photocopy of the corresponding degree or equivalent degree required.
- In addition, proof of English language proficiency (minimum B2) must be provided.
- The work carried out to accredit specific experience shall be accredited by means of the presentation of certificates or reports of good execution. Certificates or reports that do not contain the names of the same people as those assigned to the execution or that do not identify the name, position and contact details of the signatory and the company for which they provided their services will not be accepted. Substitution of the personnel assigned in the tender will not be permitted without the prior express consent of Territorio Mudéjar.
CRITERION 2. Academic CV of the person assigned. Up to 20 points. Weighting 20%.
Documentation: Certified photocopy or notarised copy of the diploma or proof of application for the diploma.
Official qualifications in addition to the academic degree or bachelor ‘s degree that are related to one of the fields of the competition will be assessed which gives access to the competition and which are related to one of the areas of the competition:
- For each diploma or degree or equivalent qualification ( MECES level 2-Level EQF 6; Bachelor’s Degree): 10 points each reference.
- For each official bachelor’s or master’s degree or equivalent qualification ( MECES level 3- EQF level 7; Master’s Degree): 10 points each reference.
- For each doctorate or equivalent qualification ( MECES level 4- EQF level 8; Doctor, Doctoral Degree): 10 points each reference.
If a candidate exceeds the maximum points to be awarded, the other applications shall be ranked according to this maximum score maximum score using a system of direct proportionality.
Information on the European Qualifications System can be found at https://europa.eu/europass/en/europass-tools/european-qualifications-framework
CRITERION 3. PROFESSIONAL EXPERIENCE. Professional experience in the field of historical-artistic heritage management in the province of Zaragoza, especially in the field of tourismheritage management in the Province of Zaragoza , especially related to tourism, digitisation, heritage conservation, project drafting and execution of works. Up to 20 points. Weighting 20%.
Documentation: Experience shall be accredited through the presentation of work life certificates indicating the professional category and/or certificates or reports of good execution. Certificates or reports that do not contain the name of the successful tenderer will not be accepted; similarly, certificates or reports that do not identify the name, position and contact details of the signatory and the company for which they provided their services will not be accepted.
- For each year of demonstrable experience as a salaried employee with responsibility in public institutions or companies related to heritage management, especially in the fields of tourism, digitisation, heritage conservation, project drafting and execution of works: 5 points.
- For each contract as a self-employed worker in the execution of work related to tourism, digitisation, heritage conservation, drafting of projects and execution of works for an amount equal to or greater than 3,000 euros: 1 point.
In the case of professional experience or contracts as a self-employed worker of a shorter or longer duration or amount than those indicated, a score directly proportional to what is indicated in each criterion in relation to the months (based on 12 months) or amounts (based on 3,000 euros) will be assigned.
If a candidate exceeds the maximum points to be awarded, the other applications shall be ranked according to this maximum score maximum score using a system of direct proportionality.
- For contracts, scholarships or research grants of an amount equal to or less than 5.5 000 , 5 points shall be allocated for each year of duration or corresponding fraction thereof corresponding fraction calculated proportionally on a 12-month basis.
- For contracts, scholarships or research grants of more than 5,000 euros but less than or equal to 10,000 euros, 10 points shall be awarded for each year of duration or corresponding fraction thereof calculated on a pro rata basis over a twelve-month period.
- For contracts, scholarships or research grants of more than 10.10 000 , 15 points shall be awarded for each year or part thereof , calculated on a pro rata basis calculated pro rata on a 12-month basis.
If a candidate exceeds the maximum points to be awarded, the other applications shall be ranked according to this maximum score maximum score using a system of direct proportionality.
CRITERIA IN THE EVENT OF A TIE. In the event that two or more tenderers obtain the same score, the contracting body shall request the drafting of a technical drafting of a technical report that develops the key aspects of the work to be carried out , establishing a working methodology and planning accordingly.
The technical report will be valued up to 25 points, adding this score to the score obtained by means of the criteria described above.
The report shall be drawn up within 3 days of the date of request by the contracting authority. from the date of request by the contracting authority.
The report shall contain, in a maximum of 5 pages, the following points:
- The knowledge of the Extraordinary Plan for Sustainable Tourism in Daroca Destination through an analysis of its key points in relation to the Historical and Artistic Heritage of the town.Artistic Heritage of the locality. Maximum 10 points
- An analysis of the planning proposed in the same with a chronogram that develops the milestones and times that allow its fulfilment. Maximum 10 points.
- A timetabled proposal for the development of the management and control tasks for the control tasks corresponding to the applicant in relation to the planning provided. Maximum 3 points.
- Any improvements that the candidate, in compliance with the applicable rules , all the activities contained in the Extraordinary Plan may bring to its management without The activities contained in the Extraordinary Plan may contribute to its management without these implying any variation in content, deadlines or budgets, deadlines or budgets. Maximum 2 points.
The implementation of the Daroca Town Council’s Tourism Sustainability Plan for Destinations has shown the need to specify some of the actions planned in order to guarantee the harmonisation, efficiency and optimal use of some of the actions included in the plan.
Respecting the axes set out in the project document as well as the programmed actions, the service proposed will develop the tasks of Assistant to Management for all those issues that are contemplated as projects and subprojects susceptible of incorporating the Action nº33. Consultancy and technical advice actions for each of the projects and subprojects that make up the sustainability plan in which the Historical Heritage of the city of Daroca is affected. The work carried out will have to guarantee a synergic and strategic management of all the management and technical assistance interventions of the following projects approved in the PSTD of the city of Daroca:
- Adequacy of walls: Project Portal del Arrabal towards the wall of San Valero.
- Adequacy of the Castle: Adequacy projects of the Castillo Mayor, the Castillo de San Cristobal and restoration of the access portal to the Castillo Mayor.
- Adequacy of paths and trails: Projects on the Daroca Walls Route, Portal of access to the Castillo Mayor, La Mina-Castle of San Jorge path and Rambla del Reventón and Nevera.
- Adaptation of the station for greenway and tourist use: Projects for the recovery of the station building and the recovery and refurbishment of the baths.
- Improvement of local and tourist lighting: Energy efficiency, improvement of urban and monumental municipal lighting.
- Digital support for destination promotion: Digital transition and transformation.
- Connectivity. Improvement of digital services. Wifi Network Project.
- Burying of cabling.
- Adequacy of parks and gardens: Villas en Flor project for the visual improvement of the municipality.
- Street rehabilitation: Historic pavements.
- Tourism promotion: Marketing plan.
Actions included in the service/ In order to carry out the tasks entrusted in accordance with the above, the successful tenderer will develop:
- Assistance in the coordination of all project actions from a scientific-technical point of view in order to improve the use of resources and achieve better budgetary efficiency through the search for synergies and points of compatibility between the different axes.
- Assistance in the supervision and harmonisation of all actions under clear principles of sustainability, durability and efficient use of resources by carrying out the following tasks: Defining and including in all project actions the principles of preventive conservation that guarantee the long-term efficiency of the investment and carrying out a general plan that covers all actions in a unified manner to ensure the durability of the interventions.
- Assessment of possible synergies – and interferences- between the different actions by between the different actions by acting on a coordinated planning of the different tasks, allowing a better use of the necessary to make better use of the necessary auxiliary resources.
- Assistance in the design of an “open works” plan for the duration of the actions carried out within the framework of the Sustainability Plan to inform the population of the work being carried out and minimise the negative impact that some closures, cuts or diversions could have on the town during this period, using this as an opportunity to promote knowledge of the town’s heritage and its future possibilities.
- Drafting of reports for the adaptation and harmonisation of the different actions to the European guidelines and recommendations that allow a greater and better dissemination of the same, as well as the forecast of future phases through their possible inclusion in other programmes aimed at supporting Spanish and European Heritage and Culture (CulturEU Funding) that guarantee the durability and future development of the activities set in motion with the Sustainability Plan[1].
- Assistance in the coordination of communication, dissemination, traceability and reporting of all the actions contained in the Sustainability Plan from a scientific-technical point of view.technical point of view.
- Assistance in coordinating communication between the technical committee and the different agents involved in the development and execution of the Sustainability Plan.
- Assistance in the review of the technical-administrative specifications of the tender specifications to be drawn up on the basis of the strategic objectives adopted in the development of the Plan.
- Ongoing scientific and technical advice in all phases of the development and implementation of the Sustainability Plan.
- Monitoring the implementation of all activities and proposing corrective actions if deviations are detected. and propose corrective measures if deviations are detected.
[1] Programas de los diferentes Ministerios Españoles. Programas del Gobierno de Aragón. Programas de la Diputación Provincial de Zaragoza. Programas Europeos: Creative Europe. European cooperation projects, LIFE Programme (Climate change mitigation and adaptation), Digital Europe Programme (Digital innovation hubs), New European Bauhaus, Horizon Europe, Citizens, Equality, Rights and Values Programme, Erasmus+, Invest EU (Digitisation window), Digital Europe Programme
METHODOLOGY/ The tasks and activities described will be materialised in the form of the following works and deliverables the following tasks and deliverables:
- Face-to-face or virtual follow-upmeetings. A minimum of 1 monthly follow-up meeting is established : Work agendas will be established, presentation and delivery of reports commissioned to the technical assistance, evaluation and monitoring of work in progress.
- Developmentmeetings. In the same way, meetings (face-to-face or virtual) may be held with the entities currently or potentially involved in the development of the sustainability plan. that may be involved in the development of the sustainability plan , in order to achieve the objectives set out in the activities covered by this service.
- The following work materials will be provided: monthly work planning agenda as a timetable report, specific reports derived from the activities defined above (and their corresponding sub-activities or tasks), bi-monthly monitoring reports and final report/final report.
OBLIGATIONS/ The successful tenderer will be responsible for the use of inclusive and non-sexist language in all documentation, publicity, image or materials required for the execution of the contract and those provided to the public, promoting a balanced presence, diversity and co-responsibility. Likewise, the specific adaptation of information to different audiences must be considered.
The successful tenderer shall be responsible for the technical quality of the work carried out and for the services provided. It shall be the specific obligation of the successful tenderer to prepare the necessary supporting documentation proving that the actions proposed in the technical offer and in the technical specifications have actually been carried out. To this end, the company must submit, together with the invoice(s), all the documents required in these specifications.
USE OF INFORMATION, TECHNICAL SUPPORT AND MATERIALS/ The successful tenderer may not have any institutional relationship, make statements to the media or provide documentation or documentation or data on matters relating to the contract, without the competent authorisation.
The successful tenderer may not, under any circumstances, maintain any relationship whatsoever with official public or private bodies or the media, publications, nor attend courses, conferences, seminars conferences, seminars or similar as speakers, without express or prior permission on matters relating to the provision of the service. This prohibition shall continue to apply even after the end of the performance of the contract.
The preparation and publication of studies or any other work that the successful tenderer of the contract wishes to carry out using the information obtained as a result of the provision of technical assistance, as well as the dissemination of the service or its activities by any means, will require the prior authorisation of the Territorio Mudéjar Association.
CONFIDENTIALITY AND PROTECTION OF INFORMATION RELATING TO THE PROVISION OF THE SERVICE/ The successful tenderer shall keep confidential all information, documents and matters to which he/she has access or knowledge during the term of the contract, and is obliged not to make public or dispose of any information known to him/her as a consequence or on the occasion of its execution, even after the end of the contractual term.
The successful tenderer undertakes not to provide information and data provided by or through the contracting entity for any use not provided for in this document. Contracts involving the processing of personal data must fully comply with the current state and European regulations in their broadest sense. Therefore, in the event that the contract involves access to personal data for the processing of which the contracting entity is responsible, the contracting entity shall be considered the data processor. In this case, access to such data shall not be considered communication of data when the provisions of article 28 of the GDPR are complied with.
INTELLECTUAL PROPERTY/ The exploitation rights of all the documents and results of the work carried out under this contract will be the exclusive property of the Town Council of Daroca and the Asociación Territorio Mudéjar, for all purposes.
DEADLINE AND PLACE/ Proposals must be submitted during the 15 NATURAL DAYS following the publication of the announcement in the contracting profile of the Asociación Territorio Mudéjar on its website: https://www.territoriomudejar.es in the section CONVOCATORS according to the date of publication of the RULES indicated: https://www.territoriomudejar.es/category/convocatorias
Publication of the rules: Wednesday, 16 August 2023 .
The deadline for submitting applications is THURSDAY, 31 August 2023. 15.00 h
Proposals will be accepted via email at info@territoriomudejar.es until 3 p.m. Spanish mainland time.
Each tenderer may submit only one proposal and may not enter into any joint venture proposal with others if he has done so individually or is in more than one joint venture.
If the application contains errors that can be rectified, the organisation will inform the applicant so that, within a non-extendable period of THREE days from the date of communication, the correction can be made as an essential condition for the application to be taken into account in the evaluation process.
APPLICATIONS/ In order to take part in this call for selection, ONE ENVELOPE (ELECTRONIC FOLDER) must be submitted, stating the contents and the name of the tenderer. The folder must include:
- Application-Basic identification data of the applicant. DNI-CIF-NIF. Deed of incorporation of the company, in the case of a commercial company. National ID card or document that replaces it of the person submitting the proposal, certified or notarised.
- Certificates accrediting that they are up to date with their tax and Social Security obligations.
- Responsible declaration by the tenderer indicating that they meet the legal conditions for contracting prior to the deadline for the presentation of applications accompanied by the corresponding documentation of being up to date with payments to Social Security and with their tax obligations by means of: Employment report issued by the General Treasury of the Social Security or, where appropriate, certification from the corresponding professional association accrediting the exercise of the professional activity and that they are registered and up to date with payments in the corresponding Mutual Benefit Society; Certificate of census status issued by the corresponding Tax Agency.
- Financial offer (according to the model). The contracting committee may reject bids that do not conform to the model, that exceed the tender price and those with omissions, errors or erasures that prevent the contents from being clearly known in order to consider the bid. Errors of this type shall be treated as material defects that cannot be rectified.
- Documents accrediting economic or financialsolvency, technical or professionalsolvency, obligatoryassignment of means and all the documentation necessary to apply the necessary to apply the assessment criteria.
The Contracting Committee, when legally required, will be made up of the managing director of the entity, the representative of the town council of Daroca indicated and, at least one expert member of the scientific committee of the entity.
Once the deadline for the presentation of proposalshas expired, the Contracting Committee will proceed to the qualification of the documentation presented. If formal defects are observed in the documentation submitted, it may grant, if it deems it appropriate, a period of no more than 3 days for the tenderer to rectify them, if it deems it appropriate, a period of no more than 3 days for the tenderer to rectify them. If the documentation contains substantial defects or material deficiencies which cannot be rectified, the tender shall be rejected.
The procedure shall be as follows:
- Analysis and qualification of the documents related to: Economic offer, Economic or financial solvency, technical or professional solvency, documentation of assignment of means and documentation for the evaluation of the criteria subject to assessment. If the documentation analysed does not meet the minimum requirements, the proposal will be rejected.
- Verification of documents relating to the conditions for contracting. In any case, documentary justification of compliance with the conditions declared responsibly may be requested. Should this occur, the tenderer must present the required documentation within a maximum period of 5 working days of being requested to do so. Failure to comply with this request shall be understood to mean that the tenderer has withdrawn its offer and shall be excluded from the procedure.
- Evaluation of the bids that meet all the mandatory requirements of the contract.
- Drafting of a technical report and proposal for the selection of the successful bidder. The document will include all the details of the process together with the scores obtained. It will also state whether the procedure is declared void, stating the reasons for its resolution. If the contracting body considers it necessary, the successful tenderer will be asked to provide additional documentation necessary for the formalisation of the contract.
FORMALISATION OF THE CONTRACT/ The contracting entity and the successful tenderer must formalise the contract in an administrative document no later than 15 working days following notification of the resolution. If, for reasons attributable to the successful tenderer, the contract has not been formalised within the established period, a penalty of 3% of the base budget (VAT excluded) will be demanded from him/her as a penalty. In this case, the contract will be awarded to the next bidder in the order in which the bids were classified, after verification and presentation, where appropriate, of the documentation necessary for the formalisation of the contract.
OBLIGATIONS OF THE LICENSEE/ The following costs shall be borne by the successful tenderer:
- The public formalisation of the award contract if requested by the contractor.
- Those required to obtain authorisations, documents or any information from official bodies or private individuals.
- It will also be obliged to pay all the expenses that the company must incur for the performance of the contract, such as general, financial, insurance, transport and travel, materials, installations, fees of the personnel in charge, if any, taxes and all kinds of duties, VAT, the tax that may correspond to the performance of the activity and any others that may arise from the performance of the contract during the term of the same, without these being charged as an independent item.
ASSIGNMENT AND SUBCONTRACTING/ Assignment or subcontracting of services under the contract is not permitted because the technical or personal nature of the contractor and the subject matter of the contract are decisive in the award.
INTERPRETATION/ The interpretation of the contract, as well as the resolution of any doubts arising from its fulfilment, will be the competence of the Local Government Board, without prejudice to the system of delegation of powers that may be applicable.
TERMINATION OF THE CONTRACT/ The contract shall be terminated by normal performance or by termination. The causes for termination of the contract shall be those provided for in articles 313 and 211, with the effects provided for in articles 313 and 213 of Law 9/2017 of 8 November on Public Sector Contracts. When it is agreed to terminate the contract because the successful tenderer does not comply with the conditions necessary for the formalisation of the contract, the contract may be awarded to the tenderer or tenderers following the successful tenderer, in order of their bids, whenever possible, before proceeding to a new call for tenders, with the agreement of the new successful tenderer.
PENALTIES/ Defective performance of the service covered by the contract or non-compliance with the commitments or special conditions of execution of the contract shall give rise to the imposition of penalties.
The following cases are considered defective non-compliance and will be sanctioned with an amount of 500 euros for each one.
- Slight and non-repeated imperfection in the provision of services relating to the quality of the work, insufficient means, state and maintenance of the equipment, pace of execution of the work with a repeated and/or systematic delay in the provision of the service, non-compliance with the indications in the exercise of its management, inspection and control attributions.
- Placing or carrying out advertising, without express authorisation.
- Fraud in the form of the benefit.
- The stoppage or non-provision of the service for any reason.
- The use of means or performance of events other than those offered.
- Failure to submit the documentation required of the contractor during the performance of the contract.
- Any opposition or hindrance, by the concessionaire or his staff, to municipal inspections aimed at auditing the service.
In the event of non-compliance with the obligations indicated in these specifications as essential or any of the commitments acquired, a penalty equivalent to 5% of the amount of the award for non-compliance will be applied, without prejudice to the entity’s power to terminate the contract.
If the contractor, for reasons attributable to it, has partially failed to perform the contract, the Local Authority may choose, in view of the circumstances of the case, to terminate the contract or to impose a penalty consisting of 3 % of the contract award amount.
The contractor is obliged to fulfil the contract within the total time limit set for the performance of the contract as well as the partial deadlines set for its successive performance.
If the contractor, for reasons attributable to the contractor, is in delay with respect to the fulfilment of the total term, the contracting authority, taking into account the circumstances of the case, will decide to terminate the contract without prejudice to any claim for damages that may be appropriate in view of the fact that the contract is a subsidised contract. Whenever the penalties for late performance reach a multiple of 5 percent of the contract price, excluding VAT, the contracting authority is entitled to terminate the contract or to agree to continue performance with the imposition of new penalties.
In the event of partial non-performance or defective performance or delay in performance where no penalty is foreseen or where the penalty does not cover the damages caused to the entity, the entity will demand compensation for damages from the contractor.
Penalties shall be imposed by agreement of the contracting body, adopted on the proposal of the person responsible for the contract, if one has been appointed, and after hearing the contractor, and shall be immediately enforceable, and shall be paid by deduction from the amounts to be paid in full or in part to the contractor or from the guarantee, if any, that may have been lodged, when they cannot be deducted from these payments.u
The contract regulated by these specifications is of an administrative nature in accordance with the provisions of Article 25 of the LCSP 2017 and will be governed, in terms of its preparation, award, effects and termination, in all matters not provided for therein, by the basic State legislation on contracting: Law 9/2017, of 8 November, on Public Sector Contracts, transposing into Spanish law the Directives of the European Parliament and of the Council 2014/23/EU and 2014/24/EU, of 26 February 2014, by the General Regulations of the Law on Public Administration Contracts, approved by Royal Decree 1098/2001, of 12 October, insofar as it does not oppose the provisions of the LCSP 2017, and, by Royal Decree 817/2009, of 8 May), which partially develops Law 30/2007, of 30 October, on Public Sector Contracts, by the autonomous regulations for development in matters of contracts, and by that of Local Regime, applying, supplementary to the state regulations on contracting that are not of a basic nature, the remaining regulations of administrative law and, in their absence, those of private law.
Litigious questions arising from the interpretation, modification, termination and effects of the contracts shall be resolved by the Contracting Bodies, whose decisions shall exhaust administrative channels and open the Contentious-Administrative channel, in accordance with the Law on this jurisdiction.
OBJECT: CONTRACTING SCIENTIFIC-TECHNICAL ASSISTANCE to support the Territorio Mudéjar Association for the management and implementation of the actions agreed with Daroca Town Council in relation to Action No. 33 of the “Plan for Sustainability and Tourism Modernisation of Daroca Town Council. Facilitating access to heritage through accessibility”.
Mr/Ms ______________________, DNI no.: _____________, in his/her own name or on behalf of _____________, NIF no.: ___________, with address at _______________________________, under his/her responsibility:
DECLARES UNDER HIS RESPONSIBILITY
1º.- That he/she has sufficient powers to represent the entity in whose name he/she is signing this document and the bid submitted.
2º.- That at the end of the deadline for the presentation of proposals in the aforementioned tender, the company ___________________________, with tax identification number ___________________, its administrators and representatives, as well as the signatory, fulfil the conditions established by law for contracting with the Administration and in the administrative and technical specifications.
3º – That the services covered by the contract referred to in the heading are included within the aims, purpose or scope of activity that are specific to it according to its articles of association or founding rules.
4º.- That at the time the deadline for the presentation of proposals expired, he/she meets the solvency requirements demanded in these specifications and is in a position to accredit this when required to do so.
5º.- That the client is not subject to any prohibition to contract, in accordance with articles 71 and concordant articles of Law 9/2017, of 8 November, on Public Sector Contracts, under the terms and conditions set out therein.
6º.- That Yes□ No □ he/she is participating in a Temporary Joint Venture, in which case attach a commitment to set up the joint venture, stating the members of the joint venture, the percentage of participation of each one and the identification details of the representative.
7º.- In the event that the company is foreign, I agree to submit to Spanish jurisdiction.
8º.- I assume that the presentation of the offer implies the unconditional acceptance by the entrepreneur of the content of all of its clauses or conditions, without any proviso or reservation whatsoever.
And for the record, and for the purposes of the above-mentioned contract, before the Asociación Territorio Mudéjar, he signs this declaration.
(Place, date and signature)
Financial proposal form
Mr/Ms ______________________, DNI no.: _____________, in his/her own name or on behalf of _____________, NIF no.: ___________, with address at _______________________________, under his/her responsibility: _______________________________________,
EXHIBITS
Having been informed of the conditions and requirements for the award, by open procedure, of the contract for the provision of the SERVICE
CONTRACTING OF SCIENTIFIC-TECHNICAL ASSISTANCE to support the Territorio Mudéjar Association for the management and implementation of the actions agreed with the Daroca Town Council in relation to Action No. 33 of the “Sustainability and Tourism Modernisation Plan of the Daroca Town Council. Facilitating access to heritage through accessibility”.
It requests to take part in the same, undertaking to carry it out in accordance with the provisions of the economic-administrative conditions and technical specifications, which it accepts in full, as well as its offer at the following price:
TAXABLE BASE: (in letters and numbers) __________ € (excluding VAT) VAT at 21 %: (in letters and numbers) ______________ €.
TOTAL:(in letters and numbers)____________ €. (Taxable Base + VAT)
(Place, date and signature of the tenderer)
Gender references. The use of nouns of a specific grammatical gender in reference to any subject, position or job must be understood to be made for economy of expression and as a generic reference to both men and women with strict equality for all purposes.
For any queries , applicants may contact the Asociación Territorio Mudéjar by e-mail at info@territoriomudejar.es.