The second provision of Law 31/2007 of 30 October 2007 on procurement procedures in the water, energy, transport and postal services sectors includes in its scope, as in the case of: contracting entities of the field of the marine ports, to the ports of the State and to the Harbour Authorities.

Regarding this class of contracting entities subject to Law 31/2007, provided that they do not have the character of Public Administrations, the 11th additional provision of Law 30/2007, of October 30, of Contracts of the Sector It provides that contracts excluded from the application of Law 31/2007, to be concluded in these sectors, shall be governed by the relevant provisions of Law 30/2007, without any applicable rules concerning them. contracts subject to harmonised regulation.

For its part, the additional twenty-fifth provision of Law 30/2007 provides that the regime of contracting of the Ports of the State and the Harbour Authorities is the one established in that Law for the business public entities. As a result, the port bodies, for the purposes of the Public Sector Contracts Act, are set up as contracting authorities in the public sector without having the character of public administration.

Article 175.b) of Law 30/2007 requires contracting authorities not to have the status of Public Administrations to approve internal instructions for the enforcement in which they are regulated. procurement procedures applicable to the award of contracts not subject to harmonised regulation which they conclude, in order to ensure the effectiveness of the principles of advertising, competition, transparency, confidentiality, equality and non-discrimination, as well as the contract being awarded to the most economically advantageous tender. On the other hand, the additional twenty-fifth provision of that Law provides that the Regulatory Instructions of the procedures of contracting of the State Ports and the Harbour Authorities will be elaborated and approved by the Minister of Development, prior to the report of the State Advocate. This Ministerial Order is hereby approved under these provisions.

This Order is also covered by Articles 24 and 35 of the Law of Ports of the State and the Merchant Navy, according to which Ports of the State and the Port Authorities " will adjust their activities to the private legal order, including in the case of property acquisitions and procurement, except in the exercise of the functions of public authority attributed to them. In the case of recruitment (...), the principles of advertising, competition, safeguarding the interest of the Agency and the homogenisation of the procurement system in the public sector must be subject to the principles of public procurement. Law 48/1998 of 30 December 1998 on procurement procedures in the water, energy, transport and telecommunications sectors when they conclude contracts falling within the scope of the contract ".

From the above it follows the specificity of the regime of contracting of the ports of the state and the port authorities: submission to the private legal system, although this order will have to be applied present the principles of Article 175.b) and other provisions of the law on public sector contracts.

Order FOM/4247/2006, of December 28, which approved the general rules and conditions for the contracting of Ports of the State and the Harbour Authorities, meets the requirements of the background and form required in the new Law 30/2007 for the Instructions referred to in Article 175.b) and the additional provision twenty-fifth of that standard.

However, it is appropriate to approve a new Order which, by repealing the previous Order, will be fully adapted to the new public sector procurement regime. It deserves to be stressed that in this Order some legal institutions of the Public Administrations have been taken as references, this being compatible with the submission to the private legal system, since these institutions do not produce "ex lege" effects, but "ex contractu".

In accordance with the provisions cited in the preceding paragraphs, the scope of these Instructions has been defined in Rule 1 concerning the legal status of contracts to be concluded by port bodies. The contracts subject to these Instructions are those of works, supplies and services, defined as such by Law 31/2007, which are concluded by Ports of the State and the Port Authorities, excluded by their amount from the scope of the Law and governed by the provisions of the Law on Public Sector Contracts relating to contracts not subject to harmonised regulation.

Also, the contracts to be concluded by the port authorities outside the scope of the Law 31/2007 are subject to these Instructions provided that they do not meet the thresholds of the harmonised regulation. The Instructions provide for this exceptional case, taking into account the extent of the concept of the maritime ports sector given by Law 31/2007 and the Doctrine of the Court of Justice of the European Communities. In this way, this sector comprises all the contracts concluded by the Port Authorities and Ports of the State aimed at making it possible to carry out the activity defined in Article 12 (b) of the Law 31/2007, that is, the contracts which take part in the framework of this activity, as well as the contracts that serve the performance of the activity.

In its virtue, prior to the report of the State Advocate, and in accordance with the provisions of Article 175.b) and in the additional provision twenty-fifth of Law 30/2007, of October 30, of Public Sector Contracts, Available:

First. Object.-The Regulations of Regulations of the Contracting of the State and the Harbour Authorities are approved, of enforced compliance in the internal field of the same, contained in the Annexes I, II and III of the present Order.

Second. Scope of the obligation.-The contract documents or documents of the contracts of works, supplies and services that will be held by the State Ports and the Harbour Authorities will necessarily include the mention to which the contract is celebrated with Attachment to these Instructions.

The remaining contracts to be held by the State Ports and the Port Authorities shall be subject, in whole or in part, to these Instructions when it is established in the relevant contractual documents.

Third. Transitional arrangements.

1. The procurement files initiated before the entry into force of Law 30/2007 of Public Sector Contracts shall be governed by the above rules.

2. The procurement files initiated prior to the entry into force of this Order shall be governed by the above rules in that they do not contravene Law 30/2007.

3. For the above purposes, it shall be understood that the procurement files have been initiated if the relevant call for the contract award procedure has been published. In the case of negotiated procedures, in order to determine the time of initiation, account shall be taken of the date of approval of the corresponding documents and, in the absence of such documents, the approval of the expenditure.

Fourth. Repeal provision.

The Regulatory Instructions of the Contracting Procedures of Ports of the State and the Port Authorities that are approved by this Order replace and leave without effect the Order FOMO/4247/2006, of December 28, The General Conditions and Conditions for the Contracting of Ports of the State and the Harbour Authorities are approved.

Fifth. Entry into force. This Order shall enter into force on the day following its publication in the Official Gazette of the State.

Madrid, July 22, 2008. -Minister of Development, Magdalena Alvarez Arza.

ANNEX I

REGULATORY INSTRUCTIONS FOR PROCUREMENT PROCEDURES

Title I. General provisions

Rule 1. Legal regime.

1. The legal system of contracts for works, supplies and services to be held by Ports of the State and the Port Authorities, which fall within the scope of Law 31/2007 of 30 October on procedures for Procurement in the water, energy, transport and postal services sectors will be the one established by this Law, and these instructions are provided in an additional way.

2. Contracts for works, supplies and services, which are excluded from the scope of Law 31/2007 of 30 October on procurement procedures in the water, energy, transport and postal services sectors, to be concluded in these sectors, they shall be governed by the relevant provisions of the Public Sector Contracts Act without any applicable, in any event, the regulatory standards of contracts subject to harmonised regulation, as well as instructions.

The rules of harmonised regulation will apply to contracts that will be concluded by the harbour authorities for purposes other than the development of the activities corresponding to the field of the marine ports. In these cases, where the amount of the contracts does not reach the thresholds of the harmonised regulation, these Instructions shall apply.

3. Contracts concluded under this Order shall be considered as private contracts in accordance with the provisions of Article 20 of the Public Sector Contracts Act.

Rule 2. Hiring file.

1. The award of contracts shall be preceded by the processing of a file which shall be integrated, at least, with the following documents:

(a) The report justifying the need or appropriateness of concluding the contract, including the calculation of its amount and the proposed award procedure.

(b) The certificate certifying the existence of credit or commitment of sufficient expenditure to meet the expenditure arising from the contract, issued by the economic-financial officer of the contracting entity. If the expenditure cannot be determined in advance, this certificate shall be joined to the file before the award.

(c) The specification and, where appropriate, the specification of technical requirements, together with the relevant legal report.

(d) The procurement order, adopted by the contracting authority, in which the approval of the expenditure and the documents is implied, without prejudice to the technical approval provided for in Rule 7.

(e) In the works contracts with a tender budget of more than EUR 300,000, the project shall also be included with its technical approval and, if necessary, the technical report of the State Ports.

(f) Depending on the complexity of the investment, in contracts with a value of less than EUR 300 000, the drawing up of technical specifications may not be necessary and this document may be replaced by the with the appropriate technical specifications.

In the contracts falling within categories 17 to 27 of Annex II to Law 30/2007 of 30 October of Public Sector Contracts of a value equal to or greater than EUR 206,000, it will be necessary, in any event, to draw up a specification of technical requirements.

2. Once awarded, the contracts shall be formalised in writing within the time limit laid down in the contract or, failing that, within 30 days of the award.

3. Contracts with a value of less than EUR 50 000 shall be referred to as minor contracts. The processing of the file of these contracts will only require the approval of the expenditure and the incorporation of the corresponding invoice. In the minor contract of works, the budget of the works must also be added, without prejudice to the need for the corresponding project. Such contracts may not be longer than one year, nor shall be the subject of an extension, price review or amendment as a result of which the maximum amount is exceeded.

4. Where there is an immediate need for catastrophic events or situations of serious danger, the contracting authority, without prior obligation to comply with the above procedures, may order the implementation of what is necessary for the remedy the event produced.

Once the emergency is over, the procurement file will be completed as far as possible.

Of the contracts concluded in this way, according to the contracting entity concerned, an immediate account shall be given to the Council of the Ports of the State or to the Board of Directors of the Port Authority.

5. The cases of contracts, the need for which is to be deferred or the award of which must be speeded up for reasons of public interest, may be dealt with as a matter of urgency. For such purposes, the file shall contain the declaration of urgency made by the contracting authority and duly substantiated.

In cases where the processing has been declared urgent, the deadlines will be reduced by half, provided that the minimum time limits laid down in Law 31/2007 of 30 October on procurement procedures are respected. the areas of water, energy, transport and postal services, in cases where it is applicable.

Rule 3. Contracting authorities.

1. The President of Ports of the State and the Presidents of the Port Authorities are contracting authorities, within the scope of their respective competences, in accordance with the provisions of Articles 29 and 41 of Law 27/1992 of 24 November 1992. Ports of the State and the Merchant Navy.

The competence of these organs is without prejudice to the powers that the Council of State Ports and the Boards of Directors of the Harbour Authorities recognize, respectively, the articles 28.4.h) and 40.5.o) of Law 27/1992 of 24 November, of Ports of the State and of the Merchant Navy. The Governing Council and the Boards of Directors, as the case may be, shall be regularly informed of the procedural acts relating to contracts of particular relevance.

2. It is for the contracting authority to subscribe to the procurement order referred to in Regulation (2) (d) of the

.

3. Contracting authorities may delegate the contracting authority in the case of contracts the amount of which does not exceed EUR 50 000. Such limitation shall not apply to the assumption of delegations in favour of the Director of the Port Authority.

Rule 4. Hiring tables.

1. For contracts the amount of which exceeds EUR 200 000, the contracting authority shall be assisted by a contracting bureau, which shall examine the documentation submitted by the tenderers, and shall, where appropriate, open the tenders to the public. and formulate a reasoned award proposal.

In contracts that do not exceed that figure, and in those of any amount that are awarded for the negotiated procedure, the constitution of the hiring table will be a potestative for the contracting authority. In this case, the procurement table shall have the composition and functions to be determined by the body itself.

2. The hiring tables, as to their composition, will be subject to the following rules:

(a) It is for the contracting authority to designate the components of the procurement table, which shall be composed of a President, three vowels and one secretary, all of whom shall have a voice and vote.

b) One of the vowels will necessarily be a legal adviser to the corresponding entity. In no case may the contracting authority itself be part of the contracting authority.

(c) Members of the bureau may delegate, in other members, in writing and for each session, their representation and vote.

d) It may be incorporated into the specialized advisory tables that are necessary according to the nature of the matters to be dealt with, which will act with a voice but without a vote.

3. With regard to its operation, the procurement tables shall be governed by what, in general, can be agreed by the President of Ports of the State or the President of the Port Authorities for the respective entities and shall be adjusted to the following rules:

(a) For the valid constitution of the tables, the presence, at least, of three of its members shall be accurate.

Agreements establishing the composition of the procurement tables may include the designation of an alternate for the alleged failure of the initially appointed, without prejudice to the possibility of delegation of the representation.

The documents will govern how the functions of President and Secretary will be exercised in the event of their absence.

(b) It is for the President of the contracting bureau to agree to the call, to direct the deliberations and to exercise any functions that are inherent in his condition. You would say with your vote in tie cases.

c) The meetings of the recruitment tables shall be drawn up, which shall be signed by all its members.

d) The members of the bureau must decide on the proposal to be made to the contracting authority, without the possibility of abstaining in the appropriate vote. Those who disagree with the agreement adopted by the majority may record their particular vote at the time of signature in the minutes.

Rule 5. Responsible for the Contract.

The Director of the Port Authority or the Director of Ports of the State shall designate a person responsible for the contract to which it is responsible to supervise its execution and to take the decisions and to issue the necessary instructions for the purpose of ensure the correct implementation of the agreed benefit. The person responsible for the contract may be a natural or legal person, linked to or outside the contracting authority.

In the works contracts, the powers of the contract officer shall be without prejudice to those corresponding to the optional director in accordance with Rule 31.

Rule 6. Supporting report.

1. The supporting report shall state the reasons for determining the need or appropriateness of the contract, the calculation of the amount and the proposed award procedure.

2. The compilation and signature of the supporting report shall be:

(a) The person responsible for the service involved in the conclusion of the contract, for amounts not exceeding EUR 150 000.

(b) to the Director of the Port Authority or person designated by him, in the case of amounts exceeding EUR 150 000 or of contracts whose budget has not been previously established. In the case of Ports of the State, to the person designated by its President.

Rule 7. Technical approval.

The procurement order shall not be adopted without the technical approval of the specification of the technical specifications, the ratio of units or, where appropriate, the relevant project.

Title II. Procurement documents

Rule 8. Specifications of type.

May be approved by the Board of Ports of the State or by the Board of Directors of the Port Authority, depending on the respective fields of competence in relation to the contracting entity concerned, Type-condition specifications for the procurement of the different types of contracts, which shall comply with the provisions laid down in these Instructions.

Rule 9. Specifications and technical specifications.

1. The contract documents shall be drawn up by the relevant service and approved by the contracting authority's prior report of the legal adviser of the institution. It will not be necessary to reiterate this requirement when using type specifications.

The contract documents shall regulate the procedure and the form of award as well as the covenants and conditions defining the rights and obligations of the parties to the contract. They shall include at least the particulars referred to in Chapter II of this Title, subject to the provisions of this Title, as well as the arrangements for the receipt of tenders, the award criteria and the information on the conditions of the contracts of the employees in cases where the successful tenderer is required to be subrogated as an employer.

In addition, the specification shall specify the remaining documents to be submitted by the tenderers as an integral part of their offer, including a model for which they shall make their proposal.

The proposition model will be signed by the bidder or its representative and must include:

(a) A declaration in which they unconditionally accept the content of the contract and make it clear that they have not submitted more than one proposal to the same invitation to tender, either individually or in temporary union with another employer.

(b) The price offered by the tenderer indicating the part of the same corresponding, for the purpose of the contract, to the value added tax.

2. The technical specifications shall contain the specifications and special technical requirements to govern the performance of the supply. In the contracts covered by Law 31/2007 of 30 October on procurement procedures in the water, energy, transport and postal services sectors, the wording of that law shall be as set out in that Law.

Rule 10. State Ports Technical Report.

In the case of contracts of which the budget exceeds EUR 3,000,000 or which are financed by funds from the European Union or other international bodies, the Port Authorities shall, prior to the invitation to tender, to obtain from the State Ports a technical report on the corresponding project. In the case of an invitation to tender which supports variants, the report shall also cover the corresponding specification of regulatory technical requirements for such variants.

This report should be issued within two months of receipt of the draft and, where appropriate, of the specification of technical specifications, in a favourable sense if such a period has elapsed without the report being expressed in express form.

Rule 11. Definition of the contract object.

1. The contract documents shall define the subject matter of the contract in a complete and precise manner. They may use the CPA-2002 nomenclature (Royal Decree 331/2003 of 14 March 2003), CPV (Commission Regulation 2151/2003 of 16 December 2003) or CCP (Annex II of Law 31/2007 of 30 October 2003 on procurement procedures) for this purpose. in the water, energy, transport and postal services sectors.

2. For the purposes laid down in Law 31/2007 of 30 October 2007 on procurement procedures in the water, energy, transport and postal services sectors, in cases where this is applicable, the contract documents They shall define and quantify separately each of the benefits.

Rule 12. Procedures and forms of award.

The procedure and form of award shall be determined in the contract documents subject to the provisions of Law 31/2007 of 30 October on procurement procedures in the water, energy, transport and transport sectors. postal services, in cases where the postal services are applicable and in the case of Rules 40 et seq. of this Annex.

Rule 13. Requirements to hire.

1. The tenderers shall be required to provide evidence:

(a) That they have full capacity to act in accordance with the provisions of Article 61 of the Public Sector Contracts Act. The contract documents may provide that the temporary unions of employers who are in effect shall be admitted to the invitation to tender, without the need for formalisation of the same in public deed until the date of the tender. award in their favour.

Such employers shall be jointly and severally bound by the contracting entity and shall appoint a single representative or proxy of the union with sufficient powers to exercise the rights and fulfil the obligations of the the contract is derived until the termination of the contract, without prejudice to the existence of joint powers which may be granted for charges and payments of significant amounts.

The duration of the temporary joins of companies will be matched with that of the contract until its extinction.

b) That they have the required solvency to execute the contract. To this end, the specifications may use the means of proof of solvency provided for in Articles 64 to 68 of the Law on Public Sector Contracts, or fix other means of proof deemed appropriate, or require the the certificate of the classification as appropriate.

For cases where the classification is required and a temporary union of companies with national, non-Community or foreign Community entrepreneurs is required, the first two must prove their classification and the (a) its economic, financial and technical or professional solvency.

c) That they are not incourses in the prohibitions to hire in Article 49.1 of the Law on Public Sector Contracts and that they are aware of their tax obligations and social security. For this purpose, the presentation of a duly signed responsible declaration by the tenderer or his representative shall be required.

(d) The above documentation may be replaced by the entry in the records of tenderers and companies classified in accordance with the implementing rules.

e) That they have constituted the provisional guarantee, where it is payable. In the restricted procedure and in the advertising negotiated procedure, the provisional guarantee shall only be required of the guests to participate in the invitation to tender.

(f) Statement stating that the tenderer does not belong to any group of undertakings, in the understanding that they are in any of the cases referred to in Article 42.1 of the Trade Code, or, where appropriate, the list of companies which are part of the group of undertakings of which the tenderer is a party.

(g) In respect of foreign companies, they must be subject to the Spanish jurisdiction for all disputes arising out of the contract, with the waiver of the foreign jurisdiction which may correspond to them, condition to be collected in the specification.

2. Undertakings which have participated in the preparation of the technical specifications or the preparatory documents for the contract shall not be allowed to tender provided that such participation is liable to cause restrictions on the free movement of goods. (a) concurrency or a privileged treatment vis-à-vis the rest of the bidding companies.

Rule 14. Provisional, definitive and complementary guarantees.

1. The specifications may require tenderers or candidates to provide a provisional guarantee and a final guarantee to the successful tenderer, made available to the contracting authority in any of the forms laid down in Article 84 of the Law on Public Sector Contracts. Unless otherwise specified in the contract, the endorsement shall be deemed to be provided with a waiver of the excision benefit referred to in Article 1,830 of the Civil Code, at first request, and that the insurance must be provided with the waiver of the Insurer to object to the insured for any exceptions that may be appropriate against the taker.

In any case, the guarantee or the insurance must be presented in a document sufficient for the legal services of the State or intervened by the public purse.

2. Except as may be available in the contract, the provisional guarantee, provided that it is payable, shall not exceed 3% of the tendering budget and the final guarantee shall be 5% of the amount of the award excluding Value Added Tax.

3. The provisional guarantee shall be responsible for maintaining the proposals submitted by the tenderers. It shall be returned to them immediately after the award of the contract. The guarantee shall be withheld from the successful tenderer until the final guarantee is lodged and the undertakings which unjustifiably withdraw their proposal before the award are lodged. The successful tenderer may apply the amount of the provisional guarantee to the final or a new constitution of the latter, in which case the provisional guarantee shall be cancelled at the same time as the final date.

4. The final guarantee shall be lodged within 15 days of the notification of the award and shall be liable to the contractor in full compliance with the obligations assumed under the contract itself. It shall be repayable within 15 days of the date on which it was executed in whole or in part. It shall be returned to the contractor once the performance has been completed or the warranty period has been completed.

When, as a result of a modification of the contract, you experience variation in the price of the contract, the guarantee must be readjusted, so that you keep the due proportion to the new modified price within the 15-day period. from the date on which the employer is notified of the modification agreement.

5. Under the circumstances of the contract, the contracting authority may exempt the successful tenderer from the obligation to provide a definitive guarantee, justifying it properly in the contract documents. This exemption will not be possible in the works contracts.

6. It may be laid down in the specifications, where it is deemed necessary to take account of the unique characteristics of the contract, a supplementary guarantee, in addition to the final guarantee, for a maximum of up to 5% of the contract award amount.

7. The guarantees shall be lodged with the corresponding Port Authority or Ports of the State, unless, as an indication of any of them, it must be deposited in the General Deposit Box of the Ministry of Economy and Finance.

Rule 15. Duration of the contract.

1. The time limit for the contract shall be entered in the contract, taking into account the criteria laid down in Article 23.1 of the law on public sector contracts. the contract may provide for one or more extensions provided that its characteristics remain unchanged during the duration of the contract and that the concurrency for its award has been made taking into account the maximum duration of the contract. contract, including extension periods.

The extension shall be agreed by the contracting authority and shall be compulsory for the employer, unless the contract expressly provides otherwise, without the consent of the parties to the contract.

2. Service contracts may be concluded for an initial period of up to four years, renewable up to a maximum of six years.

However, service contracts which are complementary to works or supply contracts may have a period of validity higher than that indicated, but this period shall in no case exceed the time limit for the duration of the service. main contract, except in contracts comprising works related to the settlement of the main contract, the final period of which shall exceed that of the main contract within the time necessary to carry them out. the initiation of the supplementary contract shall be suspended, unless justified by reason of its object and content until the implementation of the relevant main contract begins.

Rule 16. Modification of the contract.

1. Once the contract has been perfected, the contracting authority may only make amendments to it for reasons of public interest and to deal with unforeseen causes, duly justifying its need in the file. These amendments shall not substantially alter the terms of the contract, or exceed, in isolation or in conjunction, 20% of the award price.

They shall not have the consideration of modifications to the contract the extensions of their object that cannot be integrated into the initial project by a correction of the same or that consist in the realization of a susceptible benefit (a) to use or make use of, or use for, new purposes not covered by the preparatory documentation of the contract, which must be contracted separately, and the arrangements provided for in the contract may be applied; recruitment of supplementary benefits if the requirements for this are met.

2. The possibility of amending the contract in accordance with the provisions of the preceding paragraph shall be provided for in the documents and in the contract document.

3. The amount of the modification may be determined by the contracting authority itself in the case of units of work or of benefits, the price of which may be individualised with the project data or the tender submitted by the contractor.

Outside of the case referred to in the preceding paragraph, to calculate the amount of the modification shall be at the validly stipulated by the parties. In the absence of an agreement, the contract shall be deemed to be incourable as a result of a decision.

4. The amended file to deal with the effect will only require the following actions to be incorporated:

(a) a reasoned technical proposal made by the person responsible for the contract or optional director where the approximate amount of the amendment and the basic description of the contract shall appear.

b) credit existence certificate

c) audience to the contractor.

d) the status port report when this is required.

e) the entity's legal advisor report.

f) approval of the contracting authority.

5. Where the processing of a change requires the temporary suspension, partial or total, of the execution of the works and that cause serious damage to the public interest, the contracting authority may agree to continue provisionally the works, as provided for in the technical proposal which provides the optional address, provided that the maximum amount envisaged does not exceed 20% of the original contract price and there is adequate and sufficient credit for its financing. the order of the contracting authority agreeing to provisionally start the works will involve the approval of the expenditure. the processing of the amended file in such cases shall be in accordance with the previous paragraph.

6. In no case may the contract be amended in respect of which the contractor assumes the performance of benefits which, in accordance with the requirements arising from the principles of advertising and competition, should be put out to tender. independent.

Rule 17. Payment scheme and, where applicable, price review.

1. The payment to the contractor shall be made within the time limits and conditions laid down in the contract or contract, in accordance with, in any event, the 30-day period laid down by Law 3/2004 of 29 December laying down measures to combat late payment in commercial transactions, unless there are customary practices or practices of trade which, without being abusive, allow for another period.

2. Where the payment method chosen is that of the final price, the document certifying the partial compliance shall be issued with the frequency to be determined by the contract and, in the absence of any indication, in the first 10 days of each month.

3. The payment to the imprest contractor for preparatory operations may be provided for in the contract, but a guarantee shall be required to ensure that such amounts are refunded.

4. The contractor shall be entitled to the price review only where the contract is established by the contract, in which the official index or formula to be taken as a reference shall be determined. In any case, the price review will be subject to the following rules:

(a) The revision shall not be carried out as long as the contract has not been executed at 20 per cent of its amount and one year has elapsed since its award; so neither the 20 per cent nor the first year of execution, counted from the award, will be reviewed.

(b) Except if the specification has established that there will be no price revision in the case of the contractor's default, the price indices to be applied in this case shall be understood to be those which would have been the date of the date of the date of the date of the date of the date of the date of the date provided for in the contract to perform the benefit; unless the indices for the actual execution period were lower, in which case the latter shall apply.

(c) The amount of the revisions shall be made effective by payment or discount on the settlement of the contract. However, the contracting authority may choose to anticipate its payment or discount on partial payments made in advance to the contractor.

Rule 18. Penalties to be imposed on the contractor for cases of delay or breach of contract.

1. Where the contracting authority considers that the delay in the execution period is attributable to the contractor, and unless the contract documents establish otherwise, it may, without distinction, opt for the termination of the contract or for granting the contract. extension of the contractual period, which may impose on the contractor in the latter case, the daily penalties in the amount to be established in the contract and, in the absence of a forecast in this respect, in the proportion of 0,20 per thousand euros of the price of the contract for each natural day of delay.

2. The contract documents may regulate the imposition of penalties in other cases of non-compliance which do not constitute a cause of termination of the contract.

3. Penalties shall be made effective by deduction of the payments to be made to the contractor and, where this is not possible, by the guarantee which would have been lodged.

Rule 19. How to credit the performance of the contract and, where appropriate, the guarantee period.

1. It is for the contracting authority to verify that the performance performed by the contractor is in line with the agreed terms, which shall be recorded in the form set out in the contract.

2. In the absence of an indication in the contract documents, the contract shall be certified by the contractor and the contracting authority after a report by the person responsible for the contract or the optional director. The contracting authority may be represented for that act, which shall be recorded in the document itself.

3. The Minutes shall be accompanied, where appropriate, by the fact sheet for permanent incorporation into the fixed assets, including the identification, breakdown of items, period of depreciation and, if possible, the service to which they are attached.

4. Except where the contract is set out in a separate contract, a guarantee period of one year from the date of receipt shall be defined in all contracts, during which time the contractor is obliged to carry out the maintenance work or conservation and to respond to damage or deterioration attributable to the damage or damage to the damage or damage caused by the normal use of the object of the contract.

5. Parts of the contract which may be executed in phases and which may be delivered to the contracting entity may be partially received, as agreed in the contract. In this case, only the contractor may request the refund or cancellation of the proportional part of the guarantee if it is expressly authorised in the specification.

Rule 20. Settlement of contracts.

Within a period of one month, from the date of the receiving act, the relevant settlement of the contract must be agreed and notified to the contractor and the resulting balance shall be paid, if any, to the contractor.

Rule 21. Subcontracting and cession.

1. In the case of contracts concluded by ports of the State and port authorities, the subcontracting of the benefits covered by those contracts shall be in accordance with Article 210 of the law on public sector contracts, but the reference to the prohibitions on hiring that are carried out in paragraph 5 of this Article should be understood to be limited to those listed in Article 49.1 of that law.

2. The rights and obligations arising out of the contract may be transferred by the successful tenderer to a third party provided that the technical or personal qualities of the transferor have not been the determining reason for the award of the contract.

In order for the successful tenderer to give up his rights and obligations to third parties, the following requirements must be met:

(a) The contracting authority shall, in a prior and express manner, authorize the transfer.

b) That the transferor has at least 20 percent of the contract amount executed.

(c) The transferee meets the capacity and solvency requirements which were required for the award and which is not in place because of the prohibition on the contracting of those provided for in Article 49.1 of the law on public sector.

d) That the cession is formalized between the successful bidder and the transferee in public writing.

3. The specification may provide that the successful tenderer shall not be allowed to transfer or subcontract.

Rule 22. Conditions for the execution of contracts.

1. The performance of the contract shall be carried out at the risk and venture of the contractor.

2. The contractor shall be responsible, for the duration of the performance of the contract, until the period of security has elapsed, the damage caused to third parties, the contracting entity itself or the staff of the contractor.

3. The contract shall be executed with strict application to the stipulations contained in the specifications and technical requirements and/or project approved by the contracting entity.

4. It shall extend the period of execution for reasons not attributable to the contractor where provision is made that the benefit may not be fulfilled within the period laid down in the contract. the extension may take place only by agreement of the parties or by the award of the contracting authority.

5. The contracting authority may at all times exercise the powers conferred on it by the laws in relation to the protection of the public domain.

Rule 23. Causes of contract suspension.

If the contracting authority agrees to suspend the contract on grounds of public interest, or where the contract has been concluded pursuant to Rule 16 (5), the minutes shall be drawn up in which the circumstances shall be entered. have been motivated and the situation in fact in the execution of that. The suspension shall be automatic, without prejudice to the payment to the contractor, where appropriate, of the damage and damage actually suffered by the contractor.

Rule 24. Causes of resolution, effects of resolution, and how to apply them.

1. The reasons for the decision are those laid down in the contract and, in any case, the following:

(a) Failure to comply with essential contractual obligations.

(b) The delay in meeting the time limits attributable to the contractor, without the need for intimation and unless the contracting authority agrees to an extension of the time limit.

c) The lack of agreement on the modifications to the contract, when they do not conform to the provisions of Rule 16.

d) The mutual agreement with the contractor on the grounds of public interest reasons which render the continuity of the contract unnecessary or inconvenient.

e) The withdrawal or suspension of works for a period exceeding eight months agreed by the contracting entity.

2. Where, after the contractor's hearing, the contracting authority gives reasoned agreement to the contraa for the concurrence of any cause of non-compliance with the contraaor, it shall seize the final guarantee. (i) the supplementary and, where appropriate, the supplementary, giving a preliminary hearing to the guarantor or insurer. The foregoing shall be without prejudice to the right of the contracting authority to claim from the contractor the amount of the damage which such guarantees shall not cover and the right of the contractor to take the actions which he or she correspond.

Rule 25. Withdrawal

The contracting authority may withdraw from the procedure for the award of an initiated contract, prior to its award, provided that there is cause to justify it and be determined in the decision taken to that effect. end, and must communicate such a decision to the tenderers or candidates.

Title III. Content of the specifications according to the award procedure and type of contract

Chapter I. Award procedures

Rule 26. Award criteria and terms of negotiation.

1. Where several criteria are taken into consideration for the award of the award to the most economically advantageous tender, the specifications shall indicate these objective criteria, taking into account the considerations set out in Annex III to the present order, with an indication of the weighting for each of them.

2. In the negotiated procedure, the specification shall determine the economic and technical aspects which, where appropriate, are to be negotiated.

Rule 27. Offers with abnormal or disproportionate values.

1. The specifications shall determine the objective criteria to be taken into account in determining whether a proposal cannot be accepted as a result of the inclusion of abnormal or disproportionate values.

2. Where the price, in order to assess the abnormal or disproportionate nature of the tenders, is to be taken into account exclusively in the award, the provisions of the General Rules of the Law on the Law on Contracts shall apply. Public, or standard to replace it, unless the specification establishes otherwise.

3. Where more than one criterion is taken into account for the award, the objective parameters shall be expressed in the specifications according to which, where appropriate, the proposal cannot be fulfilled as a result of the inclusion of the abnormal or disproportionate values. If the price offered is one of the parameters, the specification shall be as set out in Annex III to these Instructions.

4. In the procedure for admitting or rejecting offers incurred in the presumption of abnormality, the tenderers concerned must be heard.

Chapter II. Works contracts

Rule 28. Project and work contracts.

1. The joint procurement of project development and the execution of the relevant works shall be exceptional and may only be applied in the following cases:

a) When the constructive system could be decisive for the essential characteristics of the project.

b) When the characteristics of the works allow to anticipate various treatments of layout, design and budget.

2. In any event, the prior drafting by the contracting entity of a preliminary draft or of the technical bases to which the project is to be adjusted shall be necessary for the tendering of such contracts.

3. The award of the work will be conditioned to the prior technical approval, supervision and review of the plan by the Harbour Authority or Ports of the State. To this end, the contracting authority may require the contractor to remedy the defects in the project.

Rule 29. Repose.

Approved the plan and prior to the processing of the file for the contracting of the works will proceed to carry out the repose, which will consist in checking the geometric reality of the same, the availability of the precise grounds and the concordance of all this with the basic elements of the project. of this action shall be recorded in the file itself.

Rule 30. Repose check.

1. Unless otherwise specified in the contract, the performance of the works contract shall begin with the review report.

2. The review of the review shall be carried out within the month following the formalisation of the contract. For its practice, the contractor is to be quoted, who must sign the relevant act in which the result of the procedure is recorded.

Rule 31. Optional Director.

The contracting authority shall appoint an optional director responsible for directing the contractor to the instructions which, in the technical interpretation of the project, result from the proper performance of the contract. It may also assume the duties of the contract officer if one has not been designated for that purpose.

Chapter III. Supply contracts

Rule 32. Delivery and transportation expenses.

Unless otherwise provided in the contract, the contractor shall be responsible for the costs of delivery and transport of the goods to be supplied to the place fixed for delivery.

Rule 33. Defects or defects during the warranty period.

The Specifications shall regulate the liability of the supplier for defects or defects which during the warranty period are detected in the goods by establishing at least that:

1. Ports of the State or the Port Authorities may require the contractor to replace those which are unsuitable or to repair them if it is sufficient.

2. During this period of warranty, the contractor shall be entitled to know and be heard about the application of the goods supplied.

3. If the contracting authority considers, during the period of the guarantee, that the goods supplied are not fit for the purpose intended as a result of the defects or defects observed in them and imputable to the contractor and there is a presumption that the replacement or repair of such goods shall not be sufficient to achieve that purpose, may, before the expiry of that period, reject the goods leaving them to the contractor's account and be exempt from the obligation to pay or be entitled, where appropriate, to recovery of the satisfied price.

4. After the expiry of the period of guarantee without any of the objections or complaints referred to in paragraphs 1 and 3 of this rule, the contractor shall be exempt from liability on the grounds of the goods supplied.

Chapter IV. Service contracts

Rule 34. Errors and defects in works projects.

In the case of contracts for the production of works projects, the specification shall govern the liability of the contractor in respect of errors, compensation for deviations in the budget or liability for defects or errors in the project, and may be referred to in Law 30/2007 of 30 October of Public Sector Contracts in this field.

Rule 35. Contracts for surveillance, supervision, control and management of works.

Contracts which have as their object the supervision, supervision, control and management of the execution of works and installations shall not be awarded to the same undertakings awarded for the relevant works contracts or to undertakings to which they are linked, in the sense that they are in any of the cases referred to in Article 42 of the Trade Code.

Title IV. Advertising of tenders

Rule 36. Advertisements and other means of advertising.

1. Contracts falling within the scope of Law 31/2007 of 30 October 2007 on procurement procedures in the water, energy, transport and postal services sectors shall have the advertising which is established therein. The notices shall also be published in the contractor's profile of the contracting authority.

2. The remaining contracts referred to in this Order shall be subject to the following advertising scheme:

(a) The information relating to the tendering of all contracts in the profile of the contractor shall be inserted. Contracts the amount of which exceeds EUR 50 000 shall include the identification of the contractor, the subject-matter of the contract, the type and amount of the contract, the date of the invitation to tender and a contact address with the contracting entity. For contracts of less than EUR 50 000, the nature of which requires advertising, the subject-matter of the contract and a contact address shall be indicated.

(b) In addition to the above, those contracts the amount of which is greater than 200,000 euros in supplies or services and 400,000 euros in works, but which do not reach the amount that would subject their advertising to the provisions of the Law On 30 October 2007, on procurement procedures in the water, energy, transport and postal services sectors, they will be published by means of the announcement of the BOE.

c) The ads will conform to the models set according to their scope.

(d) The contracting authority may, for information purposes, agree to any further publicity it deems appropriate.

(e) Unless otherwise specified in the contract, the advertising costs shall be understood to be borne by the contractor. In no case may the costs referred to in paragraph 2.e of this Rule be laid down in the contract of the successful tenderer.

Rule 37. Access to the specifications and to these Instructions.

1. All communications and exchanges of information may be carried out by computer, electronic or telematic, without restrictions of access, and will be subject to Law 31/2007 of 30 October, on procurement procedures in the water, energy, transport and postal services, where applicable.

2. These Instructions and the procurement documents shall be made available to all interested parties to participate in the procurement procedures and to be published in the contractor's profile.

Rule 38. Confidentiality.

1. Without prejudice to rules 36 and 37, the contracting authority may not disclose the information provided by the business owners whom they have designated as confidential; this character shall, in particular, concern the technical or commercial and confidential aspects of the offers.

2. The contractor must respect the confidential nature of that information to which he has access on the occasion of the performance of the contract to which he was given the character in the documents or in the contract, or which by his own nature must be treated as such. This duty shall be maintained for a period of five years from the knowledge of that information, unless the specifications or the contract provide for a longer period.

Title V. Procedures for the award and formalisation of contracts

Rule 39. General issues.

1. Tenderers shall submit their documentation in the form set out in the specification, which shall in any event ensure the secret nature of the tenders.

When the award is made to the most economically advantageous tender, and unless the contract expressly provides otherwise, the technical aspects of the tender shall be included in a closed envelope other than that contained in the contract. the economic proposition.

2. In the procedures for the contracting of ports of the State and the Port Authorities if the table will observe defects in the documentation provided, and these are subsable, it will grant to the tenderers a period for this that, at least, will be of 3 business days.

3. The procurement table shall make its award proposal on the basis of a report signed by the technician or by the technical committee appointed by the contracting authority. That report shall be annexed to the minutes to the procurement file.

A technical commission consisting of two members shall be constituted in those contracts whose amount exceeds EUR 200,000.

In contracts with a value of more than EUR 3,000,000 concluded by the Port Authorities, the technical commission shall be integrated with two additional members appointed by the President of Ports of the State.

In no case can you subscribe to the technical report by the contracting authority itself.

Only the opening of economic proposals shall be made when the technical assessment of the tenders by the technical or technical committee is held by the contracting bureau.

4. At the place, day and time designated in the notice or in the invitation, shall be carried out in public act, at the opening of the economic proposals, giving reading to them. The procurement table shall make its proposal taking into account the economic score and, where appropriate, the technique achieved by each offer.

Rule 40. Open procedure.

1. In the open procedure any interested employer may submit a proposal, leaving out any negotiation of the terms of the contract with the tenderers. contracts shall normally be awarded for this procedure.

2. The stages of the open procedure shall be laid down in the specifications, subject to the following deadlines:

(a) The time limit for submission of proposals shall not be less than 15 days from the publication of the contract notice. in the case of works contracts, the period shall be at least twenty-six days.

(b) The opening of the proposals for valuation shall be made within the maximum period of 40 days from the date of the end of the period for the submission of tenders.

(c) The maximum period for the award from the opening of the economic tenders shall be three months.

Rule 41. Restricted procedure.

1. In the restricted procedure, only those employers who, at their request and in consideration of their solvency, are selected by the contracting authority may submit proposals. In this procedure, any negotiation of the terms of the contract with the applicants or candidates shall be prohibited.

2. The nature of the contract may be used, the restricted procedure may be used, the choice of the objective criteria relating to the solvency of the undertakings to be applied for the purposes of the invitations to tender may be justified in the file. participate. the specification shall establish the minimum number of candidates to be invited to submit tenders, which may not be less than three.

In any case, the number of invited candidates must be sufficient to ensure effective competition.

3. The stages of the restricted procedure shall be laid down in the specifications, subject to the following deadlines:

(a) The time limit for the submission of requests for participation shall be at least ten days from the publication of the notice.

(b) The time limit for submission of proposals shall not be less than 15 days from the date of dispatch of the invitation. in the works contracts the period shall be at least 26 days.

(c) The time limit for the opening of the proposals for the purpose of their assessment and the maximum award period shall be those indicated in the open procedure.

Rule 42. Negotiated procedure.

1. In the negotiated procedure, the award shall lie with the tenderer justifiably chosen by the contracting authority, after consulting with several candidates and negotiating the terms of the contract with one or more of them.

2. The negotiated procedure may be used provided that there are any of the causes which, in accordance with Articles 154, 155, 157 and 158 of Law 30/2007 of 30 October of Contracts of the Public Sector, enable this to be as regards the amounts. The negotiated procedure may be used without advertising in works contracts of less than EUR 400 000 or supply contracts or services of less than EUR 200 000, without prejudice to the fact that it is inserted in the profile of the contractor the information relating to these contracts when their amount exceeds EUR 50 000.

3. The time limits for the restricted procedure shall apply to the negotiated procedure, in cases where the publication of the notice of invitation to tender is made.

4. Where the negotiated procedure is used, it is necessary to request the offer of qualified undertakings for the purpose of the contract, without their number being less than three, provided that this is possible.

5. During the negotiation, the contracting authority shall ensure that all tenderers are treated equally. In particular, information which may give advantages to certain tenderers in respect of the rest shall not be provided in a discriminatory manner.

6. The file must be kept on record of the invitations to tender, the tenders received and the reasons for their acceptance or rejection.

Rule 43. Perfection and start of execution.

1. The contract is improved by the award, made by the contracting authority, which must be notified to the successful tenderer and to all those who have attended the invitation to tender.

2. In the procedures for the procurement of services falling within categories 17 to 27 of Annex II to Law 30/2007, of Public Sector Contracts, of an amount equal to or greater than EUR 206,000, the provisional award shall be agreed.

3. The award of contracts shall be published in the profile of the contractor, except in the case of minor contracts whose publication shall be the subject of the contract.

4. The commencement of the execution may take place only after the conclusion of the contract, which shall take place within 30 days of the notification of the award. However, for reasons of urgency, implementation may be initiated after the award, without waiting for the conclusion of the contract, where it has been established in the contract or in the notification of the award.

Rule 44. Formalization document.

1. The formalisation document shall be drawn up by the Registrar or legal adviser of the relevant entity and shall be signed by the contracting authority and the contractor, including the minimum content provided for in Article 26 of the Law. 30/2007, of October 30, of Public Sector Contracts.

2. In no case may the particulars of rights and obligations of the parties which contravene the provisions of the documents which have served as a basis for the invitation to tender be entered in the formalisation document, without prejudice to their possible concreteness of the proposal of the successful tenderer or of the act of award of the contract, if there are no documents.

Title VI. Claims and resources

Rule 45. Claims and resources.

1. In the case of contracts falling within the scope of Law 31/2007 of 30 October 2007 on procurement procedures in the water, energy, transport and postal services sectors, the complaints which may arise in the the procedure for the tendering and award of the contract shall be processed and resolved in accordance with the provisions of the law, corresponding to the jurisdiction for its resolution to the Minister of Public Works.

2. In the other contracts not covered by the said scope, the civil court shall have jurisdiction to resolve disputes relating to the preparation, award, effects, enforcement and termination of contracts. The administrative complaint to the contracting authority shall be a prerequisite for the exercise of the civil action.

3. They shall be subject to the special procurement procedure laid down in Article 37 of Law 30/2007, to Public Sector Contracts, to the decisions referred to in paragraph 2 of this Article and to be adopted in the procedures for the award of service contracts falling within categories 17 to 27 of Annex II to that Act, provided that their value is equal to or greater than EUR 206,000.

4. In any event, the dispute settlement may be submitted to arbitration if it is provided for in the documents and in the contract document.

ANNEX II

Other rules

First. Calculation of the estimated value of the contracts.

1. The calculation of the estimated value of the contracts shall be carried out in accordance with Article 76 of Law 30/2007 of 30 October of Public Sector Contracts.

2. The amount of the contract shall be calculated in accordance with the provisions of Law 31/2007 of 30 October on procurement procedures in the water, energy, transport and postal services sectors, in cases where they are applicable.

3. In the quantities set out in this Order, the amount corresponding to the value added tax shall be deemed to be excluded.

Second. References to the Value Added Tax. -References to the Value Added Tax shall be construed as being made to the Indirect General Tax or to the Tax on Production, Services and Import in the territories in those who govern these tax figures.

Third. Calculation of time limits. -All the time limits set forth in this Order shall be construed as referring to calendar days, unless stated to be business days.

Fourth. List of private companies enjoying a special or exclusive right referred to in Article 3.2.c of Law 31/2007 of 30 October on procurement procedures in the water, energy, transport and services sectors postal. -Ports of the State may elaborate a list of private companies that enjoy a special or exclusive right in whose virtue they are reserved the activity consisting in the making available of the marine carriers of marine ports or other transport terminals. This list shall be formed solely for the purpose of facilitating the knowledge of the contracting entities referred to in Law 31/2007 of 30 October on procurement procedures in the water, energy, transport and transport sectors. postal services and will be accessible to those who have an interest in contracting with them.

Ports of the State will be able to request from the Harbour Authorities the information that you need for the purposes of making the mentioned list.

Fifth. Contracts of common interest for Ports of the State and the Harbour Authorities. -When the contracting of a benefit is of interest to Ports of the State and for all or some of the Harbour Authorities, it can be established by convention of collaboration that Ports of the State or some Harbour Authority assume the condition of contracting authority, having the contract effects with respect to all the signatories of the convention.

The contract co-financing scheme and the procedure to ensure the participation or hearing of the signatories of the contract in the award or other actions of the contract will be established in the relevant convention. procurement file.

In the case of agreements of this type to be concluded between several Port Authorities, with at least fifteen days prior to the time provided for the signature, the agreement must be submitted to Ports of the State.

Sixth. Mixed contracts. -Where a contract contains benefits corresponding to another or a different kind, it shall in any event be considered for the determination of the rules to be observed in its award, the nature of the benefit it has more important from an economic point of view.

Seventh. Associated companies.

1. Under the conditions laid down in this rule, these Instructions shall not apply to contracts awarded by the Port Authorities or Ports of the State to an associated undertaking, being understood as such for the purposes of this Order. pursuant to Article 42 of the Code of Commerce, present consolidated annual accounts with the abovementioned port bodies. It shall also be understood as an associated undertaking, in the case of entities not included in that provision, the one on which the contracting authority may exercise, directly or indirectly, a dominant influence by the fact that:

1. Have the majority of the subscribed capital of the associated company, or

2. number of the majority of the votes corresponding to the shares issued by the company, or

3. to be able to designate more than half of the members of the company's management, management or supervisory body.

Also, it is understood as an associated undertaking that it can exercise a dominant influence on the contracting entity, or that, as the contracting entity, it is subject to the dominant influence of another company by reason ownership or financial participation, or under the rules governing them. For these purposes, it is understood that the Port Authorities and Ports of the State are associated companies because they are subject to the dominant influence of the General Administration of the State, as well as, among others, INECO and TIFSA.

2. The above paragraph will apply:

(a) To service contracts, provided that at least 80 per 100 of the average turnover which the associated undertaking has made in the last three years in the field of services comes from the provision of services; services to the port body with which it is associated.

(b) To supply contracts, provided that at least 80 percent of the average turnover that the associated undertaking has made over the last three years in the supply of supplies comes from the supply of these supplies to the port body with which it is associated.

(c) To works contracts, provided that at least 80 percent of the average turnover that the associated undertaking has made in the last three years in the field of works comes from the provision of these works to the port body with which it is associated.

Where the turnover of the last three years is not available, due to the date of creation or commencement of the activities of the associated undertaking, it will be sufficient for that undertaking to demonstrate that the volume of the required business is credible, especially through activity projections.

When more than one company associated with the contracting port body provides works, services or supplies, identical or similar, the percentages mentioned shall be calculated taking into account the resulting total turnover respectively of the performance of works, the provision of services or supplies by such associated enterprises.

ANNEX III

Award criteria to determine the most economically advantageous tender

1. The assessment criteria shall be linked to the subject-matter of the contract, shall not relate to the company's experience or characteristics, nor to the level and characteristics of the means to be used for the performance of the contract.

2. In tenders convened by Ports of the State and by the Port Authorities for the procurement of services or supplies of more than 150,000 euros, the award criteria relating to the present may be used. Annex, in which case they must be attached to it, or others.

3. For tenders called for the procurement of works of more than EUR 150 000, the award criteria set out in this Annex shall be taken into account.

4. The award criteria for service and supply contracts shall be:

A) Price of the contract. -In order to obtain the economic scores, PE, of the offers you will be able to proceed as follows: you will be assigned 100 points to the most economical offer and the remaining offers will be assigned the score obtained by the following expression:

Low of the most economical

Score (PE) =	70 × Offer Low	+ 30

The difference between the tender base budget and the corresponding bid budget is understood to be low in an offer. The lowest bid offer is considered to be cheaper than the offer, but it is definitely not an abnormality because of its low amount.

The economic score will be rounded to the second decimal.

Presumption of low-amount abnormality of an offer

Being:

BO: Low of economic offering (%).

BR: Reference Low, calculated as follows (%).

BM: Low Media (%), calculated as follows.

They shall be understood as incurs in presumption of abnormality for their low amount, those whose corresponding BO exceeds the following values:

For a number of "contemplable" economic offers greater than or equal to five (5):

BO BR + 4

For a number of "contemplable" economic offers less than five (5):

BO BM + 4

They are referred to as "contemplable" economic offers, to the offers admitted administratively and technically, once excluded those corresponding to the proposals located in the interval of technical quality unacceptable, as well as those that, for these purposes, should not be considered as belonging to the same group.

Lower Media (BM) and Lower Reference (BR) calculations will be performed as follows:

Ofj = Amount of the generic offer "contemplable" j (included in the set of the aforementioned "contemplable" offers) and

PB = Tender Base Budget, which is listed in the Statement of Product Characteristics.

You will get, for any number, n, of offers:

Here are several images in the original. See the official and authentic PDF document.

B) Deadline for execution of the benefit under the contract.

C) Improvement over general warranty periods.

D) Other objective criteria, regardless of price, that will be valued to determine that an economic proposition cannot be fulfilled by being considered abnormal or disproportionate.

E) Technical quality of the proposal, determined in accordance with the criteria set out in the specifications, which must allow an objective assessment of the proposal.

5. The award criteria for works contracts shall be:

A) Evaluation of the technical offer. -In order to assess the technical quality of a proposal, the aspects of the proposal will be analyzed and will be evaluated below:

a) Memory and Work Program.

b) Quality.

c) Environmental action programme.

d) Security and Health Memory.

e) Technology and R & D + i.

f) Proposed technical solution (tenders with variants only).

To get the scores for a particular proposition will add up the scores reached in each of the items listed. The maximum score to be achieved in each of the aspects will be in general the following:

		No variants	With variants
Memory and Work program	55	55
Quality	10	10
Program Environmental performances	15	10
Security and Health Memory	15	10
Technology and I + D + i	5
Technical Solution		10
		100
100

a) Constructive Memory and Work Program. -For the Constructive Memory and the Work Program of each proposal, the following aspects will be assessed:

The overall conception of the work and justification of the methodology for the execution of the work.

The description of all important or complex units of work (dredging of large volumes and/or special in rock or close to spring lines, dock or dock structures, special foundations and/or improvements of ) and the proposed constructive processes.

The coherence of the planning of the work with the material and human equipment attached to each of the units, and must justify the expected average yields that justify the execution period and the partial deadlines intended.

The relationship of materials supply sources and validation of materials, if any.

Analysis of the needs of fixed and auxiliary facilities, accommodation and planned areas for loans and landfills.

The study of the means of transport and the production of materials.

The analysis of the external conditioning and climatological conditions (conditions of the average climate in relation to the state of the sea).

Interim deviations and service repositions with their intended signage and security measures.

Interference and/or reciprocal conditions between port exploitation and execution of works.

Signaling and beacon of works and maritime media in their successive phases of execution.

The ratio of the units or parts of the work to be performed under subcontracting, indicating the companies with which the subcontracting is intended to be subscribed.

The list of activities, sufficiently representative, that allows to analyze the development of the works, including network of multiple precedence between activities, estimated duration of each activity and holguras. Space-time chart in linear-type works or temporary forward schemes for the successive phases in which the construction is broken down.

The total period of the work, which shall be the maximum of the time in the Statement of Characteristics of the Pliego.

The partial deadlines you propose in your work program, if any.

b) Quality to be obtained. -For each offer, the following aspects will be valued:

The measures proposed to control and ensure the quality to be obtained in the execution of the work.

Quality certification procedures to be provided; in particular, it will be assessed that the execution of the work is carried out in a quality management framework in accordance with the ISO 9001 standard.

The quality controls that you propose to perform during the execution of the work; the quality control plan specific to the work will include at least the following aspects:

Specific aspects of the work units to be controlled during the implementation of the applicable technical work and regulations.

Assessments prior to suppliers of materials or possession of product quality seals.

List of Inspection Point Programs for different units of work.

Technical sampling and acceptance and rejection criteria.

Organization dedicated to quality control.

b) Environmental action programme. -For each offer, the following aspects will be assessed:

The adjustment of the proposed Environmental Action Program to the content of the project and the Environmental Impact Statement, if any.

The proposals for environmental management measures and the products to be used in the work, including certificates and other evidence of these requirements. In particular, they shall be qualified as:

The accuracy in identifying work units that can generate impacts.

The availability of work instructions.

The physical organization of the work.

The location of quarries.

The identification of legal requirements.

The location of landfills.

The proposed good environmental management systems.

The integration of subcontractors into the environmental management system of the tenderer.

With a specific character and depending on the type of work, some of the following measures may be evaluated:

Environmental management of land and materials.

Landscape restore.

Reduction in waste generation.

Decreased pollution by discharges, acoustics, atmospheric or soil.

Reducing visual, cultural or sociological impact.

Limiting impact on local fauna and flora.

Decreasing the use of fossil fuels or the use of renewable energy.

The proposed environmental monitoring programme, the scope and content of which will be able to present improvements in environmental performance with respect to the content of the project. This programme shall indicate the actions of monitoring and monitoring of the resources of the environment for units of work or groups of similar units and for the operations of:

Repose.

Location and exploitation of loans and landfills.

Location and control of plant areas and machinery park.

Control of temporary accesses.

Machine movement control.

Decommissioning of installations and site of works.

Waste management and pollution control system.

The environmental management framework in which the execution of the work is carried out; in particular: Community Regulation 1836/93, as amended by 761/2001, or to the international ISO standards (ISO14000 series) in Europe UNE (77/801-94 and 77 /802-94).

c) Memory of Safety and Health. -For the Safety and Health Memory of each proposal, the internal system of Safety and Health that is proposed to be applied in the work, in particular:

The organization of prevention and safety in the work: preventive organization, preventive resources, functions, coordination with subcontractors and self-employed workers.

The systems for the participation of contractors and subcontractors.

The training and information processes to develop.

Interference and/or reciprocal conditions between port exploitation and execution of works.

Review of the Safety and Health Study of the Project under the perspective of its execution and its interference with other port activities, proposing the improvements that are considered convenient in reference to the own execution as a contractor, as well as coordination with other activities.

Analysis of possible emergency situations: Measures to be taken, relationships to ornize with external services to ensure their speed and effectiveness.

The certifications of having established an internal system of Work Safety of the tenderer and the proposed subcontractors, with an indication of their content.

e) Technology and R & D + i. -The quality and suitability of the technologies that the contractor proposes for the execution of the work will be assessed.

In this sense, the use in the work of technologies that have been developed by the contractor in the framework of R + D + i projects that involve an improvement in the quality and technical value of the work will be valued in particular. the justification for which can be duly documented.

f) Technical solution proposed (only for tenders with variants).-The technical improvements, if any, which introduce the solution (s) offered by each tenderer in comparison with the solution, will be assessed. the technical basis of the basic project Each variant will receive a score in this criterion higher than the score given to the base project if it offers technical improvements on it, in the opinion of the Technical Commission responsible for technically analyzing the offers; variant whose technical solution is lower than the base project, you will receive a score below that base project in this criterion.

The tenderer shall describe and justify the technical modifications proposed in its variant with regard to the solution of the basic project; such modifications shall in any event be limited and strictly comply with the requirements which Set out the Technical Prescriptions of the Specifications accompanying the Statement of Conditions.

The assessment of the total technical quality (VT) of each proposal shall be that resulting from the sum of the scores obtained for the various aspects of the proposal, according to the above criteria and rounded to the second decimal place.

The method to follow to determine the technical score for each offer (PT) will be as follows:

(a) The tenders of the tenderers admitted administratively will be framed in two intervals:

Offers with unacceptable technical quality: those whose technical assessment (VT) is less than 60 points.

Offers with sufficient technical quality: those whose technical assessment (VT) is greater than or equal to 60 points.

(b) The tenders located in the technical quality range unacceptable shall not be taken into consideration for the calculation of the abnormally low tenders or for the determination of the most advantageous tender, so that, in the case of in the absence of tenders at the other interval, the invitation to tender shall be declared as a matter of failure, unless sufficient technical quality has been offered.

In the following, no reference is made to the offers located in the unacceptable technical quality range, nor to those definitively qualified as abnormally low ones that are not already taken into consideration.

For bids whose valuation is 60 points, they are assigned a technical score of 30 points, and the rest of the offers according to the following expression:

Technical Score (PT) =	70 × (Offer Technical Assessment-60)	+ 30
	(Highest technical rating-60)

The technical score will be rounded to the second decimal.

All criteria must be sorted in descending order of importance, in consideration of their relative weighting in the assessment to be practiced.

B) Evaluation of the economic offer. -To obtain the economic scores of the offers will be carried out in the form indicated in paragraph 4A of this Annex.

C) Overall assessment of bids. -Overall score of the bids in the range of technical quality sufficient shall be calculated according to the following expression:

I. TECHNICAL QUALITY OF THE PROPOSAL

(with a weight of X%, being 50 X 60)

II. -ECONOMIC OFFER OF THE PROPOSAL

(with a weight of Y%, being 50 AND 40)

The values of X and Y, the sum of which shall always be equal to 100 (X + Y = 100), shall be as set out in the Statement of Characteristics of the Statement.

The overall score, PG, relative to any proposal will be as follows:

PG =

X	+ PT	Y	PE
100		100

Being PT the "technical score" and PE the "economic score".