SPECIFIC ADMINISTRATIVE CLAUSES FOR CONTRACTING THE SUPPLY CONTRACT by cni12242

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									SPECIFIC ADMINISTRATIVE CLAUSES FOR CONTRACTING THE SUPPLY
CONTRACT PIC01/2009 THROUGH OPEN PROCEDURE INVITATIONS TO
TENDER AT THE INSTITUT DE FÍSICA D’ALTES ENERGIES


I. GENERAL PROVISIONS

1. Object of the contract

1.1. The object of this contract is the supply and installation, where necessary, of that
     indicated in section A of the prospectus, in accordance with the specifications
     detailed in the Technical Specifications Document.

       If it is so specified in section A of the prospectus, the object of the contract may be
       divided into lots.

1.2.   Codification corresponding to the nomenclature of the classification of products by
       activities (CPA-2002), approved by Commission Regulation (EC) No. 204/2002 of
       19 December 2001, which amended Council Regulation (EEC) No. 3696/93 on the
       statistical classification of products by activity (CPA) in the European Economic
       Community. Section B of the prospectus.

1.3.   When the budget for bidding is equal to or greater than the amounts determined
       in articles 16 and 17 of Law 30/2007 of 30 November on Public Sector Contracts
       (hereinafter LCSP), the codification will be established that corresponds to CPV
       nomenclature of the European Commission, approved by Commission
       Regulation (EC) No. 2151/2003 of 16 December 2003 amending Regulation (EC)
       No. 2195/2002 of the European Parliament and of the Council in which the
       Common Procurement Vocabulary (CPV) was approved: Section B of the
       prospectus.

1.4. The admission of variations or alternatives will be determined in section C of the
     prospectus.

1.5.   The administrative requirements that will need to be satisfied with the contract are
       indicated in the Technical Specifications Document.

2. Regulative norms

2.1. The contract to which this document refers will be governed by the clauses
       established in this document – the Technical Specification Document –, the
       provisions in Law 30/2007 of 30 November on Public Sector Contracts (hereinafter
       LCSP) and, for that which is not repealed by this, by Spanish Royal Decree
       1098/2001 of 12 October, which approved the General Regulations of the Public
       Contracts Law (hereinafter RGLCAP). In any case, that established in article 68.3 of
       the RGLCAP will be applicable in both documents.

2.2. Additionally, the civil provisions in force on obligations and contracts will be
     applicable.



3. Budget
3.1. The maximum budget of the contract is that indicated in section D of the
     prospectus.
     If the object of the contract is divided into lots, the budget of the lots will also be
     indicated in section D.

       The estimated value of the contract is that which is indicated in section D of the
       prospectus, which includes all the evaluation factors and the expenses;
       according to the contractual documents and the legislation in force, the entity that
       is awarded the contract is responsible for payment of these.

3.2.   The funds to attend to the economic obligations derived from this contract are
       reflected in the budget of this institute, in the entry named in section E of the
       prospectus.

       When the time period for executing the contract spans more than one budget
       period, the bidding budget must be detailed by year, with this indicated in
       section E of the prospectus.

       If the contract is funded with European Union funds, it must comply with the
       provisions of the Treaty on European Union and the acts set in virtue of this and
       must be consistent with Community activities, policies and priorities that support
       sustainable development and environmental improvement. Therefore, it must
       promote social growth, competition, occupation and inclusion, as well as equality
       between men and women, in compliance with that stipulated in Regulation (EC) No.
       1083/2006 of the European Parliament and of the Council, of 11 July 2006, which
       established general provisions related to the European Regional Development
       Fund, the European Social Fund and the Cohesion Fund.

3.3. If the contract is formalised in the fiscal year preceding its execution, the
       awarding will be subject to the suspensive condition of there being appropriate
       and sufficient funds available to finance the obligations derived from the contract
       in the corresponding fiscal year. In this case, it must comply with that established
       in article 67.2 d of Spanish Royal Decree 1098/2001 of 12 October, which
       approved the General Regulations of the Public Contracts Law (RD 1098/2001).

3.4. The costs of publishing the bidding and awarding announcements and those of
     formalising the contract will be at the expense of the entity awarded the contract,
     and the maximum amount (without VAT) will be indicated in section F of the
     prospectus.

3.5    The propositions presented by the bidders will be understood to include all the
       expenses for fulfilling the contract, such as transportation, taxes, complementary
       and auxiliary work and all the taxes and fees that apply to the supply in any way.

4. Period and place of delivery

4.1.   The deadline for delivery and installation (where applicable) is that indicated in
       section G of the prospectus.

4.2.   The entity awarded the contract will be obliged to deliver and install (where
       applicable) the goods that are the object of this contract at the place indicated in
       section G of the prospectus. The entity awarded the contract will be responsible
       for maintaining and storing the goods to be supplied until they are received by
       the INSTITUT DE FÍSICA D’ALTES ENERGIES.

5. Competence to contract

Those juridical and natural persons, either Spanish or foreign, who have full
competence to work in accordance with that established in article 43 of the LCSP, who
are not included in any of the prohibitions on contracting listed in article 49 of the LCSP
and who can prove sufficient economic, financial and technical or professional solvency
may enter into contracts with the Institut de Física d’Altes Energies.

In compliance with article 52 of the LCSP, solvency can also be proved based on the
solvency and means of other entities, regardless of the juridical nature of any existing
relationships, as long as it can be proved that they do, in fact, have the means for the
execution of the contract.

Additionally, non-Community foreign companies must comply with the requirements in
article 44 of the LCSP.

The Institut de Física d’Altes Energies may enter into contracts as part of a strategic
alliance, or association of companies, that are founded temporarily for this reason. This
participation will be utilised, in the bidding phase, by supplying a private document in
which the desire for joint competition is expressed, indicating the names and
circumstances of those that comprise it, the participation of each of them and
designating a single representative or agent with sufficient power to exercise the rights
and comply with the obligations derived from the contract until its extinction, without
prejudice to the existence of joint powers in other aspects, assuming the commitment
to formally join together if awarded the contract. Formalisation in official registers will
not be necessary until the contract has been awarded in its favour.
The companies will be jointly obligated to the Institut de Física d’Altes Energies.

Despite the above-stated, the companies that have participated in drawing up the
technical specifications related to the contract may not participate in the present
bidding if this participation invokes restrictions on free association or supposes
privileged treatment over the other bidding companies.

The juridical persons may only be awarded contracts when the services required are
among those stated in the ends, object or field of activity in the company’s statutes or
founding rules.

6. Guarantees

6.1.   The provisional guarantee, when this is required as per section H of the
       contract prospectus, must be presented, for the amount set, to the contracting
       body via bank endorsement or surety bond.

       The provisional guarantee will be returned to the bidders immediately after the
       definitive awarding of the contract and will be retained from the entity awarded
       the contract until the contract is formalised.

6.2.   The definitive guarantee, when this is required as per section H of the contract
       prospectus, must be made, for the amount set, in any of the means listed in
       article 84 of the LCSP and must be deposited in the General Deposit Fund of the
       Generalitat de Catalunya.
      In the case that the contract price increases or decreases due to a modification
      to the contract, for any reason, the guarantee presented will be re-calculated to
      the amount necessary so that proper proportionality is maintained between the
      guarantee and the contract budget in force at all times.

      In accordance with that established in article 90 of the LCSP, return or
      cancellation of the definitive guarantee will be effected once the guarantee period
      has passed and the contract has been satisfactorily completed, or the contract
      has been discharged for reasons not attributable to the contractor.

II. BIDDING

7. Awarding the contract

Awarding the contract for the referenced supply shall be done through an open
procedure and the procedure specified in section I of the prospectus.

8. Criteria that that Contracting Committee will consider when formulating
its proposal

The contract will be awarded to the bidder who proposes the most overall
advantageous offer for IFAE in accordance with the criteria for awarding listed in
section J of the prospectus.

Likewise, for the application of the “First plan of action for the equality between men
and women of the INSTITUT DE FÍSICA D’ALTES ENERGIES”, approved by the
Governing Council in the session on 4 May 2006, and in compliance with article 34 of
Law 3/2007 of 22 March on the Effective Equality of Women and Men, in the case that
two or more offers from bidding companies are equal, those natural and juridical
persons that have a plan on equal opportunity between men and women and whose
propositions are the same as far as being the most advantageous based on the
objective criteria that serve as a base for the awarding will have preference in the
awarding of the contracts.

9. Presenting propositions

9.1. The propositions are to be submitted in person at the IFAE general register. The
     period for presenting offers will end the day specified in section K of the
     prospectus.

9.2. The propositions can also be submitted by post, as long as they are received
     within the period established; the bidder must justify the date it is sent at the post
     office and report it by fax or telegram to the contracting body the same day.
     Without both of these, propositions will not be admitted if they are not received by
     the general register of the INSTITUT DE FÍSICA D’ALTES ENERGIES before the
     established end date of the period.

      In any case, the propositions sent by post that do not arrive within 10 natural
      days from the day following the deadline for presenting propositions will not be
      admitted.

9.3. The propositions presented after the period has ended will absolutely not be
     admitted.
9.4. The propositions will be secret until act of opening the files; their presentation
     implies the bidder’s unconditional acceptance of the content of the present
     Technical Specifications Document.

9.5. The propositions are to be presented in two separate, sealed envelopes (A and
     B), with the documentation specified below and the following indicated on the
     back of the envelopes:

      ENVELOPE A – COMPETENCE TO CONTRACT AND SOLVENCY
      ENVELOPE B – ECONOMIC OFFER AND TECHNICAL REQUIREMENTS

      Open procedure number …….. and object …….. of the INSTITUT DE FÍSICA
      D’ALTES ENERGIES.

               Name and signature of bidder
               Company he/she represents
               Address
               Telephone
               Fax
               E-mail

9.6. Each envelope must contain a sheet that indicates the contents, listed
     numerically.

10. Documentation to present

10.1. Envelope A – Competence to contract and solvency

10.1.1. For companies not appearing in the Electronic Register of Bidding
 Companies (RELI) of the Generalitat de Catalunya

a) Contents

Numbered list of the contents of the envelope.

b) Accreditation of the competence to work

Natural persons are obliged to present their national identification document (DNI, or its
equivalent) and their tax identification number, if this does not appear on the identification
document. Accreditation, where applicable, of the commercial name under which the
company operates is also required.

For juridical persons, the company’s CIF and the act of incorporation – or modification,
where applicable –, duly registered with the Merchants Registry, will also be necessary,
where required by the applicable legislation. When this registry is not required, the
accreditation will be done through providing the act or document of incorporation or
modification, the statutes or the founding act where the rules that regulate the company’s
activity figure, as well as whether the company is listed in the corresponding official
Register.

Additionally, the juridical person bidding must accredit that the contract services are
among those stated in the company’s ends, object or field of activity in the statutes or
founding rules.
The competence to work of non-Spanish companies from EU Member States or
signatories of the European Economic Area Agreement must be accredited using the
inscription in the registers created by the agreement with the legislation of the State where
they are established, or by presenting a sworn declaration or certification of the terms
established in accordance with regulations and the applicable Community provisions.

Other foreign companies must accredit their competence to work with a report issued by
the Spanish Permanent Diplomatic Mission or Consular Office in the place where the
company has its registered address, indicating that the company is inscribed in the local
professional, commercial or analogue register or, if this does not exist, that it habitually
operates in the field of the activities that are the object of the contracts. In this case, a
report from the Spanish Permanent Mission or the Secretary General of Foreign Trade of
the Ministry of the Treasury must also be included on the condition that the State where
the company comes from is a signatory of the World Trade Organisation agreement on
Public Contracting or, if it is not, that it is a State that allows the participation of Spanish
companies in contracting with the Administration in a substantially similar manner.

Strategic alliances or temporary associations of companies may present offers, and
formalisation in official registers will not be necessary until the contract has been awarded
in their favour. These companies will then be jointly obligated to IFAE.

For both natural and juridical persons, each of the components must accredit their
competence, juridical personality, representation and solvency, with the additionally
obligation of indicating, in a separate document, the names and circumstances of those
that comprise it, the percentage of participation of each of them and the designation of a
single representative or agent with sufficient power to exercise the rights and comply with
the obligations derived from the contract until its extinction.

Bidders who are part of a strategic alliance or temporary association of companies may
not participate in the same bid individually, nor may they appear in more than one
strategic alliance or temporary association of companies.

Any bidder that is part of a strategic alliance may not participate individually in the same
procedure, nor appear in more than one strategic alliance or temporary association of
companies.

c) Accreditation of the representation

If the company acts through a representative or is a juridical person, the following must be
provided:

- Public document designating the representative, duly inscribed in the corresponding
public registry.
- National identification document (DNI) of the representative.

In the case that all of part of the documentation listed above has already been delivered to
IFAE and no changes or updates have been made, meaning that it is still fully valid, it will
not be necessary to present it again, as long as the bidder presents a certificate of the
validity of the documentation, duly completed and signed under his/her responsibility.


d) Statement of responsibility
A statement of responsibility must be presented if the bidder is not affected by any of
the prohibitions on contracting with the Administration established in article 49 of the
LCSP and, especially, if the bidder is up to date with his/her tax and Social Security
obligations, in accordance with the model that can be found in the contractor’s profile.

In the case that the company is not obliged to be registered with any tax registry, to pay
tax or to fulfil obligations with Social Security, in compliance with the applicable
legislation in force, this circumstance must be made known through a statement of
responsibility, specifying the legal reason for the exemption.

e) Provisional guarantee

When this is required as per section D of the contract prospectus.

f) Group of companies

With the aim of determining the abnormal or disproportionate character of the propositions
rejected, bidders must present a declaration in which they state whether they belong to a
Group of Companies. If so, the companies that comprise the Group of Companies must
be indicated. Companies in the group will be understood to be those in the group of
companies that are in any of the provisions listed in article 42.1 of the Commercial Code.

g) Foreign companies’ submission to jurisdiction

Foreign companies must also provide a statement affirming their agreement to submit to
the jurisdiction of the Spanish courts and tribunals on all matters, for all incidents that are
directly or indirectly derived from the contracts, renouncing, if necessary, any foreign
jurisdictional privilege that may correspond to the bidder.

h) Plan of action for the equality of opportunities between women and men

If necessary, a statement of responsibility shall be provided that accredits the existence of
a plan for equal opportunities between women and men in the company.

i) Accreditation of economic and financial solvency

Economic and financial solvency can be accredited through:

    - A global revenue statement for the company for at least the last three years.

If a company cannot facilitate the references requested, it may accredit its economic and
financial solvency through any other documentation established in article 64 of the LCSP.

j) Accreditation of professional or technical solvency

Professional or technical solvency may be accredited through the means established in
section L of the contract prospectus or, in the instance that none is specified, using:

      -   A list of the principal supplies provided in the last three years, indicating the
          amount, dates and the public or private receptors of these.

The contracting body may request certificates that accredit the supplies provided.

The contracting body may request that the company provide clarification for the
certificates and documents presented to accredit its economic and financial and
professional or technical solvency, or request that the company present other
complementary documents.

k) Declaration of commitment to dedicate material and/or personal means

Declaration of the commitment to dedicate material and/or personal means for the
execution of the contract, if this is required.

10.1.2. For companies appearing in the Electronic Register of Bidding
Companies (RELI) of the Generalitat de Catalunya

Companies appearing in the Electronic Register of Bidding Companies (RELI) of the
Generalitat de Catalunya, governed by Decree 107/2005 of 31 May and managed by
the Technical Secretariat of the Administrative Contracting Advisory Board, are only
obliged to include the following documentation in envelope A:

   a) Provisional guarantee: when this is required as per section H of the contract
      prospectus.

   b) Foreign companies of non-European Union Member States must accredit that
       they have an office open in Spain, that they have authorised representatives for
       their operations and that these are inscribed in the Merchants Registry.

   c) Plan of action for the equality of opportunities between women and men. If
      necessary, a statement of responsibility shall be provided that accredits the
      existence of a plan for equal opportunities between women and men in the
      company.

   d) Declaration of the commitment to dedicate material and/or personal means for
      the execution of the contract, if this is required.


10.2. Envelope B – Economic offer and technical requirements

This must include the following documents:

   a) Table of contents for the envelope.

   b) The economic offer, written following the attached model. The offer may not be
      greater than the bidding budget.

       The price offered must include all necessary expenses, taxes or fees derived
       from the contract and its proper execution.

       The presentation of variations, if required.

   c) The documentation corresponding to the technical proposal must be adapted to
       the content specified in section M of the prospectus.




11. Phases of the procedure
11.1. Before the act of opening the propositions, the Contracting Committee will examine
      and qualify the formal validity of the documents contained in envelope A and will
      approve the admission of bidders whose documentation is complete and meets all
      requirements. For those bidders who had presented the documentation with some
      sort of rectifiable defect or omission, this will be verbally communicated to them and
      will be published in the contractor’s profile. These bidders must correct or amend
      the defects in a period of 3 business days, beginning the day following the
      notification. If this is not done, they will be excluded from the present contracting
      procedure.

      If the Contracting Committee needs to request clarification or additional
      documentation, this will be communicated verbally to the companies and will be
      published in the contractors’ profiles, so that this documentation can be provided
      within a period of no more than 5 natural days.

11.2. Once the documentation has been qualified and the rectifications of the defects or
      omissions completed, the Contracting Committee will determine which companies
      fulfil the selection criteria with an express announcement of all those admitted,
      those rejected and the reasons for rejection. The results of the qualification will be
      published in the contractor’s profile.

11.3 In the place, date and time indicated in section K of the contract prospectus, the
     Contracting Committee will hold a public event to read the bid announcement,
     count the propositions presented and give the number of propositions presented,
     along with the names of the bidders. It will also make known the results of the
     qualification of the documentation presented, naming those propositions that
     have been accepted, those that were rejected and the reasons for rejection.
     Then, it will open envelope B and read the economic proposals.

      The Committee will then reject the propositions that do not match the
      documentation examined and accepted, those that exceed the base bidding budget,
      vary substantially from the model established or have any obvious errors in the
      amount of the proposition, as well as those that the bidder has recognised contain
      an error or inconsistency that make them ineligible.

11.4. The Contracting Committee will invite the attendees to share their queries or
      request explanations, as well as to voice their comments or reservations about the
      act.

      The Committee will clarify and answer any queries or explanations requested. If any
      observations or reservations about the act are presented, the interested parties will
      be informed that they must respond in writing in no more than 2 business days
      following the act of opening the propositions.

      After receiving the Committee’s report, the contracting body will expressly resolve
      all the claims or reservations about the act of opening the propositions that have
      been presented in writing.

11.5. The Contracting Committee will be made up of the following persons:


       President:
              The Vice-Rector for Economy
       Spokespeople:
              The Vice Manager of Economy
              A representative from the Social Council
              A member of the Legal Department
              The spokespeople named in section N of the contract prospectus
       Secretary:
              The manager of the Office of Administrative Contracting

11.6. In its meetings, the Committee may include special consultants who have the
      right to speak but have no voting rights.

11.7. The Contracting Committee will evaluate the propositions and can request any
      clarifications that it deems necessary on the offers presented.

11.8. The evaluation of the offers that satisfy the criteria that are measureable through
      the mere application of formulas will be done after the first evaluation using the
      other criteria that do not allow for the use of formulas. This will be documented.

11.9. The Technical Committee, when legally required to convene, will be comprised of
      the persons listed in section N of the contract prospectus.

      The Committee will issue a statement on the evaluation of the propositions
      presented by the bidders, which must meet the objective evaluation criteria of the
      offers established in the present Technical Specifications Document.

11.10.Once the corresponding technical report has been completed and the criteria for
      the present procedure have been evaluated, the Contracting Committee will make
      the bidding proposal to the contracting body.


12. Awarding the contract

12.1. The contracting body will award the contract provisionally through a reasoned
      resolution; will notify all the bidders and will publish the provisional awarding in
      the IFAE Contractor’s Profile. The deadline for the provisional awarding is two
      months from the opening of the propositions.

12.2. The definitive awarding may not take place until at least 15 natural days after the
      publication in the Contractor’s Profile. During this period, the entity that receives
      the contract must present the following documentation:

      a) Registration with the Economic Activities Tax, under the subject that
      corresponds to the object of the contract, and the latest receipt, as long as this
      contains activities that are subject to (not exempt from) this tax.

      b) Document certifying that the entity is up to date with all Social Security
      obligations, issued by the competent authority.

      c) Administrative certification from the Tax Office of the Ministry of the Treasury
      that affirms that the entity is up to date with its tax obligations.

      d) Administrative certification from the Department of Economy and Finance of
      the Generalitat de Catalunya that affirms that the entity is up to date with its tax
      obligations.

      e) Definitive guarantee (when necessary).
      f) Other documents that accredit the entity’s competence to enter into a contract
      or its effective disposition of the means that it had committed to dedicating or
      contributing to the execution of the contract and that are requested by the
      contracting body.

12.3. If this documentation is not provided, the provisional awarding will not take effect
      and the provisional guarantee will be collected, in addition to claiming
      compensation from the entity for damages caused. The contracting body may
      then opt to call for another invitation to tender or proceed, if possible, to
      provisionally award the contract to the next bidder, in accordance with the
      bidding criteria and with the approval of the new entity awarded the contract.

12.4. The provisional awarding will be made permanent within 10 natural days
      following the expiry of the period indicated in point 2 of this article, as long as the
      entity to which the contract has been awarded has delivered all the
      documentation required and has presented the definitive guarantee set.

12.5. The propositions presented, both those admitted and those rejected without
      opening, will be archived. Once the contract has been awarded and the period
      for presenting an objection has ended without any such presentation.

12.6. Once the contract has been awarded, the provisional guarantee will be returned
      to the bidders who were not awarded the contract; this will also be returned to
      the entity awarded the contract when the contract is formalised.

12.7. The definitive awarding of the contract will be published in the contractor’s profile.
      Additionally, when the amount of the contract is equal to or greater than 100,000
      euros, it will be published in the Official Gazette of the Generalitat de Catalunya
      (DOGC), within a period of no more than 48 days from the date the contract was
      awarded. Likewise, when the estimated value of the contract is equal to or
      greater than 206,000 euros, an announcement will be sent to the DOUE and
      published in the BOE, within the same time frame indicated above.


13. Offers with abnormal or disproportionate amounts

13.1. The Contracting Committee may indicate the disproportionate or abnormal
      nature of the offer presented, in accordance with that established in section O of
      the prospectus that included in the offer may be notably insufficient for carrying
      out the object of the contract in compliance with the necessary quality
      requirements.

13.2. If the Committee determines that one or some of the propositions presented
   have abnormal or disproportionate amounts, it will act in accordance with that
   established in article 136 of the LCSP. In these cases, it will notify the companies of
   this circumstance, giving them a period of 10 natural days to draw up the
   statements they consider opportune. In consideration of the corresponding
   technical reports and, if necessary, of the statements made by the bidders, the
   Committee may opt to exclude any proposition with an abnormal or
   disproportionate amount, or to evaluate it under the condition that, if awarded the
   contract, it must present the complementary guarantee of 5% in compliance with
   article 83.2 of the LCSP.
III – FORMALISING THE CONTRACT

14. Formalising the contract

14.1. The contract will be formalised through an administrative document within a period
      of 10 natural days, to be counted from the day after the definitive awarding of the
      contract. This document alone is legally sufficient to be presented to any public
      register. However, at the request of the contractor, it may be formalised through an
      official register; in this instance, the expenses derived from this will be charged to
      the contractor.

14.2. If the contract is not formalised within the time period set by the administration due
      to reasons attributable to the entity to whom the contract is awarded, after the
      company’s audience and the Legal Advisory Committee’s prescriptive and binding
      report, if the bidder presents an objection, IFAE may arrange the discharge of the
      contract and/or declare the loss of the provisional guarantee.

14.3. The execution of the contract may not be initiated without it having been formalised
      previously, with the exception of those cases in which it was the object of an urgent
      or emergency procedure.

IV. EXECUTION OF THE CONTRACT

15. Execution of the contract

15.1. The contract will be executed with strict adherence to the clauses contained in
      this document and in the Technical Specifications Document, and is fully subject
      to the provisions on public sector contracting in force.

15.2 In exercising its prerogatives of inspection and control in the execution of the
     contract, the contracting body may dictate opportune instructions for the fulfilment
     of that which has been agreed upon.

15.3 All that is related to legal requirements, compliance with obligations, contractual
     modification and extinction and liquidation of the contract will be governed by that
     established in the normative in force on administrative contracting, which is
     applicable to the Institut de Física d’Altes Energies.

15.4. Any incident that may arise between the Institut de Física d’Altes Energies and
      the contractor will be handled and resolved by the IFAE as quickly as possible,
      adopting the means necessary to not alter the development of the execution of
      the contract.

16. Direction and inspection of the execution of the contract

The person named in section P of the prospectus is designated as the party
responsible for the contract. Among the faculties attributed to him/her, this person will
supervise the execution, adopt the decisions and give the instructions necessary to
ensure the proper provision of the service contracted.
17. Obligations of the entity that is awarded the contract

17.1.   The company that receives the bid is obliged to deliver and install (where
        applicable) the object of this contract within the time period and at the place set
        in this Technical Specifications Document, in the contract or according to the
        instructions given by the competent IFAE body.

17.2.   The company awarded the contract is obliged to execute the measures
        established in Law 31/1995 of 8 November on the Prevention of Occupational
        Hazards, and all normatives derived from it, on all that is applicable.

17.3.   The company awarded the contract on preventions will coordinate with IFAE’s
        Prevention Service on all that may be necessary.

17.4.   The company awarded the contract will inform all those workers who will be
        working on the IFAE campus of the internal normatives on health and safety in
        place at IFAE, as well as the emergency recommendations established by
        IFAE; the company is further obligated to provide the services requested if any
        self-protection plan is activated, either the general or the local plan of any of the
        various buildings.

17.5.   The company awarded the contract will be in charge of paying all transportation
        and personnel expenses, as well as any other expense that may be attributed
        to it by the legislation in force, in particular those related to technical assistance
        during the warranty period.

17.6.   If flaws or defects are found in the goods supplied or in the installation carried
        out, IFAE will have the right to require that the contractor replace the unsuitable
        goods or repair them, if that is sufficient.

17.7. If necessary, the company awarded the contract will train IFAE personnel so
      that they may properly execute the supply that is the object of this contract.

17.8. As a result of the supply offer made by the contractor in the bidding phase, the
      company awarded the contract is obliged to carry out the maintenance of the
      material supplied during the warranty period and while the contract is in force,
      according to that established in this Technical Specifications Document and in
      accordance with the conditions determined by IFAE.

17.9. The company awarded the contract agrees to repair the faulty material within a
      period of no more than two business days after the incident is reported.

The contractor agrees to apply measures that promote equal opportunities between
      women and men in the course of providing the service.

17.11. If the object of the contract requires special conditions for its execution, these will
       be outlined in section Q of the prospectus.



18. Rights of the contractor

When the object of the supply has been effectively delivered and IFAE has formally
received it, in compliance with that stipulated by law, the contractor will have the right
to collect the amount agreed upon from IFAE, in the manner and time periods
established in article 200 of the LCSP.


19. Defective execution of the contract, penalties and discharge due to
delay

19.1. If, for causes attributable to it, the contractor provides a defective supply or does
      not fulfil the commitments and special conditions of executing the contract, the
      penalties established in section R of the prospectus will be applied.

19.2. The contractor is obliged to fulfil the contract within the total time period set, as
      well as those partial deadlines established for its successive execution.

19.3. A declaration of insolvency by the contractor will not require previous notice from
      the Administration.

19.4. If, for causes attributable to it, the contractor causes a delay in the total time,
      IFAE may opt to discharge the contract and/or to impose daily penalties at a rate
      of 0.20 euros for every 1,000 euros of the amount of the contract, unless
      otherwise established in section R of the prospectus.

19.5. Every time the penalties for delay reach a multiple of 5% of the total amount of
      the contract, the contracting body will have the power to discharge the contract
      or to arrange for the continuation of its execution while imposing new penalties.

19.6 If the contractor does not meet the partial deadlines for the execution of the
     contract, IFAE may opt to discharge the contract or to impose the penalties
     stated in section four of this article.

19.7. The penalties are to be imposed as arranged with the contracting body, adopted
      upon the request of the person responsible for the contract, if designated. These
      penalties are immediately executable and should be effectuated through
      deductions from total or partial payments made to the contractor, or, if necessary,
      from the guarantee presented when it is not possible to deduct from the
      certifications named.

19.8. In the cases outlined in the preceding paragraphs, if IFAE opts to discharge the
      contract, it is the contracting body that must arrange it, without any other
      prescriptive procedure than the audience of the contractor and, if the contractor
      objects, the decision of the corresponding advisory board.

19.9. If the execution of the contract is delayed due to causes not attributable to the
      contractor, and the contractor offers to fulfil its commitment, with an extension of
      the initially-agreed upon time period, IFAE will concede a period that must be at
      least as long as the time lost, unless the contractor requests a shorter period.




20. Modifying the contract
20.1. Once the contract is formalised, the contracting body may only introduce
      modifications for reasons of public interest and to attend to unforeseen causes,
      justifying the need to do so in the file. These modifications may not affect the
      essential conditions of the contract and will be governed by and processed in
      accordance with that established in article 272 of the LCSP.

20.2. The contractor will be bound by the contract modifications that involve an
      increase, reduction or elimination of the units of goods that comprise the supply
      or the substitution of some goods for others, provided that these are covered in
      the contract and they are not found in the cases for discharge in article 275 c) of
      the LCSP. In the case of the elimination or reduction of units or classes of goods,
      the contractor will have no right to claim any compensation.

20.3. Those contract modifications that extend the object of the contract will not be
      considered if they cannot be integrated into the initial project through a correction
      of the contract; nor those that consist of the execution of a supply that may be of
      use independently; nor those aimed at satisfying new ends not considered in the
      preparatory documentation of the contract. Said ends must be contracted
      separately.

20.4. Contract modifications will be formalised in an administrative document, which
      will be legally sufficient to be presented to any public registry, within a period of
      no more than 10 business days, to be counted from the day after the definitive
      awarding of the contract. However, at the request of the contractor, it may be
      formalised through an official register; in this instance, the expenses derived from
      this will be charged to the contractor.

20.5. In the case of company merger of those who comprise the contracting group of
      companies, article 202.4 of the LCSP will be applied.

21. Suspension of the contract

When, as established in article 203 of the LCSP, suspension of the contract is agreed,
the circumstances which have motivated the suspension and the de facto situation in
the execution of the contract must be put on record.


IV – EXTINCTION OF THE CONTRACT


22. Fulfilment of the contract

22.1. The contractor will consider the contract as complete when the entire object of
      the contract has been realised, in accordance with the terms established in the
      contract and with the full satisfaction of the Administration.

      In all cases, its verification will require that the Administration carry out a formal
      act to this effect in the month following the realisation of the object of the contract.

22.2. In the period of a month, to be counted from the date of reception or approval,
      the corresponding liquidation of the contract will be agreed upon and the
      contractor notified and, if necessary, the remaining balance will be paid.

23. Warranty period
23.1 Once reception is formalised, the warranty period will begin, which will be set in
     section S of the prospectus.

23.2 If faults or defects are found in the goods of the supply during the warranty
     period, IFAE will have the right to claim the replacement of the inadequate goods
     or their repair, if this is sufficient, from the contractor.

23.3 During this period, the contractor has the right to know about and be heard on
     the application of the goods supplied, in accordance with article 274 of the LCSP.

23.4. If IFAE’s contracting body considers during the warranty period that the supplied
      goods are not suitable for the proposed ends, due to flaws or defects observed in
      the goods that are attributable to the contractor, and it believes that replacement
      or repair of said goods will not be sufficient for the achievement of this end, it
      may reject the goods, leaving them to the contractor and remain exempt from the
      obligation of payment or have the right, where applicable, to the refund of the
      price paid; this rejection must be executed before the warranty period expires.

23.5 If the warranty period passes without IFAE presenting any objection or complaint
     in the terms defined in sections 2 and 4 of this article, the contractor will not be
     held responsible for the goods supplied.


24. Review of prices


24.1 When 20% of the amount of the contract has been executed and a year has
     passed since awarding, a review of prices will be carried out, in accordance with
     the formula established in section T of the prospectus.

24.2 The review of prices is not to be done when it is expressly excluded in section T
     of the prospectus, where the applicable formula, if necessary, must also be
     included.


25. Assigning the contract

The rights and obligations of the contractor, derived from the contract, may be
assigned to a third party, provided that the technical or personnel characteristics of the
assignor have not been the determinant reason for awarding the contract; any
assignment requires the express authorisation of IFAE and must comply with any
legally established requirements.




26. Sub-contracting


When sub-contracting is permitted, in accordance with section U of the prospectus, it
is to be regulated as follows:
1. The bidders must indicate the part of the contract that they intend to
subcontract in the offer, and they must indicate the amount, as well as the name
or company profile, defined by reference to the conditions of professional or
technical solvency of the sub-contractors who will carry out the execution.

2. In all cases, the entity awarded the contract must inform the Administration, in
advance and in writing, of its intention to enter into subcontracts, indicating the
part of the supply intended for sub-contracting and the identity of the sub-
contractor, as well as sufficiently justifying the competence of this sub-contractor
to execute it in accordance with its technical and human elements and its
experience.

3. The subcontracts that do not fit that which is indicated in the offer, due to
entering into subcontracts with companies other than those indicated in the offer
or that are related to parts of the supply other than those indicated, may not be
entered into until twenty days have passed from the notification being sent and
justifications being provided, which are referenced in section 2 of this clause,
unless they have been expressly authorised previously and provided that the
Administration has not presented any objection to the subcontracts within this
period. This procedure will be equally applicable if the sub-contractors have been
identified in the offer through the description of their professional profile.

Under the responsibility of the contractor, subcontracts may be concluded
without the need to wait twenty days if entering into the subcontract is necessary
in order to attend to an emergency situation or the adoption of urgent measures
is required and therefore the subcontract is sufficiently justified.

4. Under no circumstances may partial execution of the contract be arranged
with persons ineligible to contract, in accordance with the legal system, or
contained in any of the provisions in article 49 of the LCSP.

5. The partial provisions that the entity to whom the contract is awarded
subcontracts to third parties may not exceed the percentage set in section U of
the prospectus. In the case that there is no special limit, the contractor may
subcontract up to 60% of the amount of the contract awarded. For the calculation
of this maximum percentage, concluded subcontracts with costs linked directly to
the main contractor will not be taken into account, such as those listed any of the
provisions in article 42 of the Commercial Code.

6. Infraction of the conditions established on sub-contracting, and/or lack of
accreditation of the competency of the contractor or the determining
circumstances of the emergency situation or other circumstances that make the
sub-contracting urgent, may involve the imposition of a penalty of up to 50% of
the amount of the subcontract on the contractor.

7. Sub-contractors will only be obligated to the main contractor, who will in turn
assume total responsibility for the execution of the contract before the
Administration, in strict accordance with specific administrative clauses and
terms of the contract.

8. Payment of sub-contractors and suppliers must be carried out in compliance
with the conditions established in article 211 of the LCSP.
27. Discharging the contract

The causes for discharging the contract are those established in articles 206 to 208,
275 and 276 of the LCSP. Additionally, causes for discharging the contract are also
those expressly established in this document.


V – FINAL PROVISIONS

28. Prerogatives of the INSTITUT DE FÍSICA D’ALTES ENERGIES

IFAE has the capacity to interpret the contract and resolve any queries that may arise
during its execution. In addition, it may modify the contract for reasons of public interest
and/or arrange its discharge, within the limits and requirements established in the
LCSP.

29. Appeals system and jurisdictional competence

This procedure is of an administrative nature, therefore litigious matters that may arise in
the interpretation, execution, modification and resolution of the contract object of this
procedure will be resolved by the contracting body whose decisions exhaust
administrative channel.

A voluntary internal appeal or an administrative appeal may be made against these
decisions and also those of awarding the contract before the body that passed the act,
in accordance with Law 30/1992 of 26 November on the Legal System applicable to
Public Administration and the Common Administrative Procedure and Law 29/1998 of
13 July governing Administrative Jurisdiction.

In accordance with article 37 of the LCSP, contracts subject to harmonised regulation,
including subsidised contracts, provisional awarding agreements, conditions regulating
bidding and conditions that establish the characteristics of the supply, as well as the
procedural acts adopted in the former procedure, provided that these directly or
indirectly decide the awarding, determine the impossibility of continuing the procedure
or cause irreparable defencelessness or prejudice to legitimate rights or interests,
must be the object of special appeal on contracting before presenting the contentious
administrative appeal without proceeding with presenting ordinary administrative
appeals against these. Only the presenting of the contentious administrative appeal
will proceed against the decision of the special appeal on contracting.

Likewise, in procedures for awarding contracts subject to harmonised regulation,
including subsidised contracts, physical or juridical persons whose legitimate rights and
interests have been affected by decisions adopted by the Administration and, in any
case, the bidders, may request the adoption of provisional measures, in accordance
with article 38 of the LCSP.

The administrative law courts are the authority for the resolution of litigious matters
related to the preparation, awarding, effects, fulfilment and extinction of this contract.
                                                       ANNEX


                                      MODEL OF ECONOMIC OFFER


Mr./Mrs./Ms. ....................................................................................................., of full
age, residing in the city of .........................................................................,
on .......................................................... street, number ......................, with DNI
(national identity card number) ........................ (in his/her own name or representing
the company ..................................................... with TIN .............................), aware of
the conditions and requirements for participation in procedure number ..........................,
is taking part as a bidder in the aforementioned contracting procedure.

With this aim, it is hereby stated that he/she is familiar with the Specific Administrative
Clauses and the Technical Specifications Document that state the basic rules and
regulations of the call to tender. Furthermore, it is stated that he/she accepts the
clauses and specifications unconditionally, which unite all of the conditions for entering
into a contract with the Administration and agrees, in his/her own name or on behalf of
the company he/she represents, to execute the supply with strict adherence to the
expressed                requirements                   and            conditions        for     the     amount
of .......................................................... euros, VAT excluded (in words)
(€............................................................................., VAT excluded (in numerals)), the
amount of Value Added Tax (VAT) is €......................... (in words and numerals).



Date and signature of applicant

								
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