Vall d'hebron Institut de Recerca INSTRUCTIONS FOR CONTRACTS TO BE MADE BY RESEARCH INSTITUTE FOUNDATION HOSPITAL VALL D'HEBRON

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1 Vall d'hebron Institut de Recerca INSTRUCTIONS FOR CONTRACTS TO BE MADE BY RESEARCH INSTITUTE FOUNDATION HOSPITAL VALL D'HEBRON 1

2 (Statement adopted under Article 175 paragraph b) of Law 30/2007 of 30 October, Public Sector Contracts). INTERNAL CONTRACTING I. PRELIMINARY PROVISIONS The Foundation Research Institute Vall d'hebron University Hospital (hereinafter HUVH FIR) is a nonprofit foundation, subject to the laws of the Generalitat of Catalonia, which has legal personality and full capacity to act, contract and bind according to the laws. The FIR HUVH generic aims to encourage, promote and encourage research, scientific and technological knowledge, teaching and training in the Hospital Vall d'hebron and their areas of influence and Autonomous University of Barcelona. II. PURPOSE OF THE PURCHASE OF INSTRUCTION Is the subject of these guidelines regulating procurement procedures of the FIR HUVH, which has the status of the contracting authority without meeting the character of public administration in accordance with Article 3.3.b) of Act 30 / 2007 of 30 October, Public Sector Contracts (hereinafter, LCSP). Therefore, the recruitment of the FIR HUVH conform to these instructions, the principles that guarantee the effectiveness of advertising, competition, transparency, confidentiality, equality and non discrimination as stated in the letter a) of Article 175 of the LCSP and the guideline that each contract is awarded to those who submit the most economically beneficial. These instructions will be available to all interested parties to participate in procedures for the award of contracts covered by them. The same will be published in "Contractor profile of the Foundation, under the provisions of the letter b) Article 175 of the LCSP. III. SCOPE These guidelines, approved by Board of Governors on 17 December 2008, modified on 30 November 2009, and again on 8 July 2010, 22 February 2012, 12 June 2013 and 25 June 2015, apply to all contracts that hold the FIR HUVH. However, outside the scope of these instructions the following business and legal relationships: 2

3 a) contracts subject to labor legislation. b) to sign agreements that the Foundation with public administrations and public entities dependent on them, provided that its object is not covered by the contracts covered in the LCSP or administrative rules apply. c) supply contracts relating to direct activities of the Foundation, whether the goods, focusing on which have been acquired for the purpose of returning them, with or without processing, trafficking legal heritage, according to their particular purposes. d) contracts for financial services related to the issuance, sale and transfer of securities or financial instruments, treasury operations and aimed to raise funds for the Foundation, as well as services rendered by the Bank of Spain. e) All contracts of sale, donation, exchange, lease and other similar legal business real estate, securities and properties capability, except those which fall on computer programs and must be qualified as contracts for supplies or services. f) contracts for arbitration and conciliation services. g) All contracts in which the Foundation agree to provide goods or rights or provide a service. h) The contracts purported to providing educational activities in schools of public sector developed in the form of ongoing training or upgrading of personnel as well as seminars, symposia, roundtables, lectures, collaborations or other similar type of activity, always that these activities are carried out by individuals. i) contracts subject to harmonized regulations, preparation of which is governed by the provisions of article of the LCSP, with preparation of specifications and special technical specifications and their allocation by the provisions of Article 174 of the LCSP. j) The remaining contracts and businesses excluded from the LCSP. IV. Those who submit PRINCIPLES OF TRADING The award of contracts referred to this Statement will be subject to the principles of advertising, competition, transparency, confidentiality, equality and non discrimination. a) Principles of advertising and competition. 1) Advertise 3

4 Notwithstanding the Sets in section X of these Guidelines under contracts, the Foundation will broadcast seeking contracts held by the publication of his tender in "Profile Contracting Foundation" in the same website ( The announcement of the tender, must contain at least the following mentions: 1) Description of the essential features of the contract maximum bid. 2) Deadline for submission of tenders and the remaining phases of the procedure. 3) Method and award criteria. 4) Scheme of outsourcing, where appropriate. 5) Invitation to get in touch with the foundation contractor. 2) Exclusion of advertising. Request for bids. Not subject to advertising, if properly justified by the contracting authority, the following contracts: a) Those in which, after having followed an open procedure or restricted, has not made any offer or bid or bids are not appropriate, provided that the initial conditions of the contract are not substantially altered. If the contract is subject to regulation harmonized, it will send a report to the Commission of European Communities, if so requested. b) Those who, for technical or artistic reasons or for reasons connected with protection of exclusive rights, can only be entrusted to a particular employer. c) Those pressing for an emergency resulting from unpredictable events for the contracting body and not attributable to it, demand a speedy execution of the contract can not be achieved through the implementation of emergency procedures regulated Article 96. d) Those who have been declared secret or reserved, or when its implementation is accompanied by special security measures in accordance with current legislation, or when required to protect the interests essential state security and thus has been declared in accordance with the provisions of Article 13.2.d). e) In works contracts, in case of additional works not included in the project or contract, or award the project and its initial contract, but due? unforeseen circumstances happen be required to perform the work as it was described in the project or the without modifying the contract and the execution of which is entrusted to the contractor's work or the main dealer of public works in accordance with prices governed by the contract early or if s? appropriate contradictorily be fixed, provided that the works may not be technically or economically separated from the contract early without cause great inconvenience to the administration or even resulting separable, strictly necessary for their improvement and the accumulated amount of Additional works not exceed 50 per 100 original contract price. The other complementary works that do not meet the requirements indicates should be independent contracting. 4

5 f) For works contracts, when they consist in the repetition of similar awarded by open procedure or restricted to the same contractor to the contracting authority, provided they adhere to a basic project that has been the object of the contract allotted for these initial procedures, the possibility of making use of this procedure is specified in the tender notice and that the initial contract amount of new works has been computed to establish the total contract amount. The exclusion of advertising only acceptable result for a period of three years from the contract Intel. g) supply contracts when it comes to the acquisition of movable members of the Spanish Historical Heritage, after its review by the Board of Classification, Valuation and Export of Spanish Historical Heritage Assets or recognized body for the purpose of Autonomous Communities, which are intended for museums, archives or libraries. h) For supply contracts, when the products are manufactured exclusively for purposes of research, experimentation, study or development, this condition does not apply to mass production aimed at establishing the commercial viability or to recover the costs of product research and development. i) supply contracts, in the case of additional deliveries made by the original supplier which constitute either a partial replacement of supplies or facilities in current use, or a extension of existing supplies or installations, if the change of supplier forced the contracting authority to acquire equipment with different specifications, resulting in incompatibility or technical difficulties of use and maintenance disproportionate. The exclusion of advertising only acceptable result for a period of three years from the contract early. j) supply contracts when it comes to the acquisition in stock markets or commodities traded on the supplies themselves. k) supply contracts when it is a particularly favorable supply conditions agreed with a provider who ceases permanently in their business, or the administrators of a competition, or through a legal agreement or procedure of the same nature. l) For service contracts, when it comes to additional services not listed in the project or the contract but because of that? an unforeseen circumstance to become necessary to run the service as it was described in the project or contract without changing it, and the implementation of which trust that the employer was awarded the main contract under the prices that apply to this or that, if s? possibly be fixed contradictorily, that the services provided cannot be separated or technical economically contract early without cause great inconvenience to the administration or even resulting separable, are strictly necessary for its improvement and that the accumulated amount of additional services does not exceed 50 per 100 of the original contract price. The order complementary services that meet the requirements indicated should be independent contracting. 5

6 m) service contracts, when they consist in the repetition of similar awarded by open procedure or restricted to the same contractor to the contracting authority, provided they adhere to a basic project that has been the object of the initial contract allotted for these procedures, the possibility of using this process is specified in the tender notice and that the initial contract amount of new services has been computed to establish the total contract amount. The exclusion of advertising only acceptable result for a period of three years from the contract early. n) When the service contract in question is the result of a contest and in accordance with applicable rules, s? has to? awarded to the winner. If there are multiple winners must be invited to participate in all negotiations. o) In any case, when the estimated value of contracts for works, supplies and services is less than 50,000 euros. p) When due to the characteristics of the benefit, especially in contracts that are intended to benefit from their intellectual and included in the category 6 of Annex II of the LCSP not possible to establish the conditions with the precision required to award him the procedure prescribed in this Instruction. In contracting procedures which apply in some cases exclusion of related advertising before, you will need to request bids at least three companies qualified to perform the object of the contract, provided that this is possible. In any case, interested companies may collect additional information at the address given in the last section of this Instruction. b) The principle of transparency This principle implies: 1) The possibility that all participants be familiar with the bidding rules applicable to the contract award is intended, and be sure that these rules apply just as all companies. 2) The setting appropriate deadlines for submission of tenders, which should be sufficient to allow companies to make a proper assessment to resolve the documentation presented for evaluating and raise the bids and award proposal to formulate this. The deadlines will be determined case by case, in the tender notice. 6

7 3) The fixing and accurate prior to the tender notice, apply objective criteria for evaluating bids and awarding the contract, and may not take into account the characteristics of bidders or experience, nor level of media or characteristics that have to be used for execution contract. For the evaluation of proposals and determining the most economically beneficial should atendre's criteria directly linked to? Object of the contract, such as quality, price, term of execution or delivery of benefits the cost of use, or environmental characteristics associated with the satisfaction of social demands, profitability, technical value, aesthetic or functional features, availability and cost of spare parts, maintenance, technical support, service or similar aftermarket. When using a single criterion for the award, this will necessarily be the price of low. 4) The clear and precise determination of the organ that corresponds to making the proposal and award the contract award. c) Principles of equality and non discrimination These principles involve the following requirements: 1) The description of the discriminatory purpose of the contract should not refer to a specific origin or manufacture or refer to a brand, a patent, a type, specific origin or production, unless a reference this type is justified by the contract and accompanied by the mention? or equivalent?. 2) Equal access for economic operators in all Member States of the European Union. The Foundation shall not impose any condition that involves a direct or indirect discrimination against bidders, such as the requirement that companies interested in the contract are set out in the territory of the same Member State or the same region as the contracting authority. 3) The mutual recognition of diplomas, certificates and diplomas. If bidders are required to the presentation of certificates, diplomas or other supporting documentation, should accept the documents from other Member States which offer equivalent guarantees. 4) The prescription to facilitate, in a discriminatory manner, information that may provide certain advantages compared to other bidders. d) The principle of confidentiality The Foundation will not disclose information provided by those bidders who have declared confidential. Confidentiality concerns, particularly the technical or commercial secrets and confidential aspects of bidding. 7

8 Meanwhile the contractor must respect the confidentiality of that information they have access during the execution of the contract to which he had given the character referred to in the contract or that by its nature must be treated as such. V. BODY OF PROPOSAL AND AWARD Contracting. The contracting body shall consist of: 1. Operations below 50,000 : Manager 2. Operations of 50,000 to 207,000 Director 3. Operations of 207,000 to 5,186,000 : Secretary or Chairman of the Board of Governors 4. More than 5,186,000 : Board Membership of relevant records and contracts, including the extension if it were provided, amendment, interpretation and suspension resolution. When it is the responsibility of the Board Chairman of the Board of the signing of contracts on behalf of the FIR HUVH. Contracting Authority may establish in the case of contracts, which are not subject to regulation harmonized, a Bureau of Contracting for review of the documentation submitted by the bidders and to assist the Council in the body Contract award. The Bureau will consist of a President who is the Manager of the Foundation for a minimum of two vowels and a maximum of 5 members and a Secretary. Its composition will materialize in his case by Contracting. VI. CONDITIONS OF FITNESS OF THE CONTRACTOR Contractors will apply the requirements of capacity, reliability and hiring bans regulated in Articles 43 to 68 of the LCSP. About bans hiring, must be taken into account shall only be applicable to the FIR HUVH referred to in paragraph 1 of Article 49 of the LCSP. The classification of employer demand in the Official Records of Tender and Business Divided, which certifies the qualifications of the employer, will potestativa for the FIR HUVH. However, the classification certificates proving registration in official lists of authorized employers to hire laid down by Member States of the European Union, sit a presumption of fitness employers include them in the cases referred to the Article 73 of the LCSP. 8

9 VII. OBJECT OF THE CONTRACT Applicable rules of Articles 74 and 75 of the LCSP on the object and price contracts, respectively. The estimated value of contracts, which depend on the harmonized regulatory thresholds of contracts or not, the system of advertising and the requirement of specifications or not, shall be the total contract amount, excluding Value Added Tax, considering any form of option and any possible extensions, in the manner provided for in art. 76 of the LCSP. VIII. CONTRACTS AND CHARACTER OF COMPETENT JURISDICTION The contracts will hold HUVH FIR always the consideration of private contracts under Article 20.1 of the LCSP. Knowledge of all litigation matters that affect the preparation, award, effects, compliance and termination of such private contracts, pursuant to Article 21.2 of the LCSP will correspond to the civil jurisdiction. Notwithstanding the provisions of the preceding paragraph, the appeal must admetre's special employment of Article 37.1 of the LCSP only with respect to service contracts covered by categories 17 through 27 of Annex II of the same amount or than 193,000 euro s, being responsible for the contentious jurisdiction to hear the appeals that have been lodged against the decision to resolve this special resource. IX. PROCUREMENT PROCEDURE The award of all contracts for works, supplies and services shall be subject to procedures that are regulated as follows: a) Preparation of contract The record contract initiate a letter of request by the Principal investigator of the research group or unit responsible for that feel the need, to the Department of Purchases Entity in which is include the following terms: Nature and extent of the needs covered by the relevant contract, as well as the suitability of the subject and content. Description of the main conditions of the contract. Justification of Object of the contract and its conditions to satisfy the needs described. Project cost center or assume that the deadline for spending and justification of expenditure. The Purchasing Department will ask the head of the Economic Management Unit of the FIR HUVH the corresponding authorization for contracts Amount over 50,000 euros. For contracts under 50,000, Understand the approved expenditure budget and accounting signing the bill. 9

10 b) Decision to hire The contracting body or unit that has attributed this power, adopt a decision on the proceedings. c) technical requisites and conditions of certain service contracts In contracts of services included in Category 17 to 27 of Annex II of the LCSP amount exceeding 193,000 euro s, should be observed the rules laid down in Article 101 of the LCSP for the definition and establishment of technical requirements, the application also being provided for in Articles It also should develop a few specifications that contain the covenants and conditions defining the rights and obligations of the parties to the Agreement and the other mentions required by the LCSP and its implementing rules. d) Preparation of specifications In the case of contracts for amounts above 50,000 euro s, the FIR HUVH produce a specification that is published in the profile of the contractor and be part of the contract, which should include: 1. The basic features of the contract 2. The system of admission of variants 3. The arrangements for receipt of tenders 4. The award criteria 5. The guarantees to be, if Appropriate 6. The penalties to seek, if Appropriate, for alleged breach of the contractor 7. Information on conditions of subrogation of the contractor working on certain cases that surrogacy is mandatory under Article 104 of the TRLCSP. e) Publication 10

11 Publication of tender notice for a minimum period of ten days, unless the urgency required a shorter contract. The ad will appear in Profile of the Contractor FIR HUVH?, At the same website ( being potestativa additional ad insertion gazettes, or local publications in the Official Journal of the European Union. f) Opening of tenders Tenders or requests to participate shall be secret and s'arbitraran the means to have such character to the point of public tendering. The opening and evaluating bids will be made by the contracting body. You may request the technical information deemed relevant on the bids submitted, if Appropriate, require the companies to resolve the defects which are found in the documentation submitted. g) Award of contract The award of the contract agreed by the contracting authority in favor of the most economically beneficial, motivated by that resolution shall be notified to candidates or tenderers in and running Profile of the contractor Foundation. In the event that no tenders have been submitted or are inadequate, irregular or unacceptable, the procedure will be declared void. h) the contract Unless they are already included in the specifications, contract hold FIR HUVH should include, necessarily, mentions the following: 1) The identification of the parties. 2) The accreditation of the ability of signatories to sign the contract. 3) The definition of the object of the contract. 4) Reference to law applicable to the contract. 5) The enumeration of the documents comprising the contract. 6) The true price, or how to determine it. 7) The contract or the estimated dates for the beginning of its execution and its completion, as well as the extension or extensions, if they were provided. 11

12 8) The conditions for receipt, delivery or acceptance of benefits. 9) The terms of payment. 10) The assumptions that the appropriate resolution. 11) The program or section of accounting by which the price paid, if Appropriate. 12) The objective and temporary extension of the duty of confidentiality that if Any, imposed to the contractor. The specifications approved by the Contracting Authority and published in? Profile Contracting Foundation? will always be part of the contract. X. UNDER CONTRACT The award of works contracts of less than 50,000 euros and amount of supplies and services amount to less than 18,000 euros, will be awarded directly to any employer with the capacity to act and has the skills training necessary for make provision. However s? Directly awarded contracts of supplies and services amount to less than 18,000 euros and 50,000 euros, request such effect? Least three quotes. Its handling requires only the approval of spending and the introduction of the bill and the draft budget and work on contracts of this class. In any case, interested companies may collect additional information at the following address: 12