service contract for the ticketing …...circuits de catalunya, s.l. mas «la moreneta» 08160...

Circuits de Catalunya, S.L. Mas «La Moreneta» 08160 Montmeló +34 935 719 700 www.circuitcat.com ISO 14001-2015 Certification 1

SERVICE CONTRACT FOR THE TICKETING PLATFORM OF

CIRCUIT DE BARCELONA-CATALUNYA.

SCHEDULE OF ADMINISTRATIVE SPECIFICATIONS

TYPE OF FILE: ORDINARY

TYPE OF CONTRACT: SERVICES

TENDER PROCEDURE: OPEN HARMONISED

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TENDER PROSPECTUS

A. Object Description: The object of the contract are Services for the new Ticketing Platform of Circuit de Barcelona-Catalunya. CPV Code: 72212110-3 – Software development service for sales points.

B. Economic data

B1. Price determination: Lump sum B2. Estimated value of the contract and method used to calculate it: 700,000 euros, plus 147,000 euros VAT (21%). B3. Initial tender budget: 121,000 euros, VAT included

C. Existence of credit C1. In charge of Circuits de Catalunya S. L Budget C2. File with a pluri-annual scope: YES

D. Term of the contract Term: The term of the contract shall start on the day following its execution and have a duration of four (4) years. Possibility of an extension and period: Yes, three (3) additional years (1+1+1)

E. Variations Not applicable, considering the nature of the contract

F. Processing of the file and award procedure



Type of processing: ordinary Award procedure: by means of an open harmonized procedure. Submission of offers by Digital Envelope Tool: No

G. Solvency and business classification G1. Selection criteria concerning the economic and financial, and technical or professional solvency: those specified in clause 11 of this Schedule. G2. Business classification: Not applicable G3. Dedication of material and/or personal means to the execution of the contract: Those stipulated in the Technical Prescription Schedule. G4. Certificates accrediting the compliance with the quality and/or environmental management guarantee standards: those specified in the Technical Prescription Schedule.

H. Award criteria The highest score to be achieved after applying the different award criteria will be 100 points. a) Automatically assessable criteria (ENVELOPE 3): (up to 60 points)

Improvement of the economic conditions established by Circuits: Up to 60 points.

The highest score will be awarded only to the lowest offer. For the rest of the offers, the following formula will be applied:

PE = Highest score (60 points) x Lowest offer Offer being scored



The companies the economic offer of which are higher than the maximum budget or the companies that do not submit an economic offer will be excluded from the tender. b) Criteria subject to value judgement (ENVELOPE 2): (up to 40 points) Distributed as follows:

Criteria Score

IMPROVEMENTS: Up to 40 points

Multi-channel platform

Upgrades

Dynamic prices

Own integrated BI solutions

Full time on site support

Technical dossier of the project

Maximum 6 points Maximum 9 points Maximum 4 points Maximum 5 points Maximum 8 points Maximum 8 points

I. Criteria for the determination of the existence of presumably abnormal discards

Whenever the price offered is 15% lower than the average of all offers, or if the total score of the criteria subject to a value judgement (envelope 2) is less than 25 points. If an offer achieves in the technical assessment of the criteria subject to a value judgement, a score below 25 points, it will be automatically discarded from the tender, and the economic proposal shall not be opened. If the price of an offer is 15% lower than the average of the total offers, the contracting committee will give the company whose offer is affected by this situation, a deadline of 3 calendar days in order to justify the price in the terms established in article 149.4 of the Spanish Public Sector Contracts Law (LCSP): Once the justification of the tenderer has been



received, the contracting committee will take a motivated decision on the feasibility of the justification provided by means of documents. Should the contracting committee not receive any response as regards the justification demanded from the tenderer who made the offer that was considered as abnormally low, within the time period mentioned in the above paragraph, the offer shall be automatically discarded and the award will be made to the next offer in order of precedence.

J. Other documents to be submitted by the bidding companies or by the companies proposed as contractors

No

K. Provisional guarantee No

L. Definitive guarantee Yes. 5% of the awarded contract amount, VAT excluded.

M. Special execution conditions Those specified in aside 22 of this Schedule.

N. Expected modification of the contract Not applicable, except in the legally established cases, which are stated in clause 28 of this Schedule.

O. Assignment of the contract Not included.

P. Subcontracting The contractor may subcontract the partial or occasional performance of the service that is the object of this contract. This fact must however be



notified to the contracting committee.

Q. Price revision Not included.

R. Reception and guarantee period Those specified in the technical schedule

S. The maximum amount of advertising expenses to be paid by the successful tender company or companies

Not included.

T. Work programme: The contractor or contractors will have to submit a work programme that will have to be approved by the contracting body.



I. GENERAL PROVISIONS

1. Object of the contract 1.1. The object of the contract are the new services of the Ticketing

Platform of Circuit de Barcelona-Catalunya.

CPV Code: 72212110-3 – Software development services for sales points.

1.2. The administrative needs that have to be met and the suitability of the contract, as has been explained in the resolution reasons at the beginning of this contracting file, are justified by the need to update and optimise the existing ticket sale system that works with an offline access control system. The purpose of this contracting is to operate a system that meets the specific needs of the circuit, with features and functionalities which are adequate for Circuits de Catalunya, S.L.

1.3. In order to check the schedules and other documents related with

this contracting, as well as the composition of the contracting committee, please access the contractor’s profile at the following links:

https://gestio.contractaciopublica.gencat.cat

https://www.circuitcat.com/es/circuit-de-catalunya/concursos-y-concesiones/

2. Legal Framework of the Contracting This contract is considered as private according to what is established in article 26 of Law 9/2017, of 8 November, on Public Sector Contracts (hereinafter LCSP), as it is a contract promoted by a contracting power that does not have the condition of public administration, and specifically subject to Title I of Book III of LCSP, and to this Schedule of Administrative


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Clauses, and the Schedule of Technical Prescriptions attached. Their clauses are considered as an integral part of the contract. Likewise, the parties are as well expressly subject to Royal Decree 3/2016, of 31 May, on urgent measures in terms of public contracting and all of the regulations applicable to contracts with the public sector, applicable to Catalonia. The unfamiliarity with the clauses of the contract in any of its terms, of the other contract documents that form part of it, and of the instructions or other regulations that are applicable for its execution, does not exempt the contractor from the obligation of complying with them. In addition to this Schedule of Administrative Clauses and the Technical Prescription Schedule, the following documents will also form part of the contract and shall be considered as essential. - The bid submitted by the tenderer. - The document in which the contract is executed.

3. Economic data of the contract and the credit.

3.1. The initial budget of the tender amounts to 100,000 euros, VAT excluded. The breakdown estimated under the article 100 of LCSP is as follows.

Concept Amount/year Total 7 years

Fix cost, commissioning, training and assistance. 25.990

181.930

Periodic cost of the use of the solution (*) 55.200 386.400

Material (printers, paper, etc…) 9.719 68.033

Benefit 10% 9.091 63.637

Total 100,000 700,000

(*) All commissions which may be charged by the tenderer for the provision of their service shall be considered included in this concept.



The tenderers must equal or reduce the initial tender budget in their bid, stating the VAT to be applied as a separate item. Any higher offers will be excluded from the tender procedure.

3.2. The price shall be considered as including all applicable taxes, fees and levies of any kind, as well as all expenses arising out of the obligations established in this Schedule, that must be complied with during the execution of the contract.

3.3. The estimated value of the contract, to the effects of what is

established in article 101 LCSP amounts to 700,000 euros plus 147,000 euros VAT (21%).

3.4. The expenses arising out of this contract shall be borne by charge of

Circuits de Catalunya S. L Budget.

4. Contracting body and contracting committee 4.1. The contracting body of Circuits de Catalunya, S.L. is the general

manager, according to what is established in article 18 of the articles of association of Circuits de Catalunya S.L. There is also a technical assistance body for contracts, which carries out the functions allocated by LCSP to the contracting committee.

4.2. The contracting body or contracting committee is composed of the

following members:

Post Member Alternate

President Stephane Bazire or delegate

Secretary Marius Garcia or delegate

Member Laura Serrano or delegate

Member Albert Hortal or delegate

Member Nuria Tribó or delegate

5. Term of the contract and possible extensions



The term of the contract shall start on the day following its execution and have a duration of four (4) years, with the possibility of an extension of three (3) additional years (1+1+1), after a previous written notification from Circuits de Catalunya, S.L. to the contractor.

6. Award procedure The file for the award of the service will be processed in an ordinary way, by means of the open harmonised procedure, as established in article 156 of LCSP.

7. Electronic communication media 7.1. According to the fifteenth Additional Provision of LCSP, the

processing of this tender implies the performance of the notifications and communications arising out of it exclusively by electronic means.

However, verbal communication may be used for communications which are different to those about the essential elements, i.e. the schedules and bids, but duly documenting the content of the verbal communication, for example by means of files or written/audio summaries of the main elements of the communication.

7.2. The communications and notifications made during the contracting procedure and during the term of the contract will be made by electronic means through the notifying system e-NOTUM, according to LCSP and Law 39/2015, of 1 October, on the common administrative procedure of public administrations. To this effect, the notifications about the availability of the notifications and communications will be sent to the e-mail addresses and the mobile telephones of the companies that have provided the data to this effect in the responsible statement.



8. Ability to contract 8.1. In order to be eligible to take part in this tender and sign, given the

case, the respective contract, the tenderers must be natural or legal persons, with Spanish or foreign nationality, that comply with the following conditions:

Having an own legal personality and full capacity to act, according to what is established in article 65 LCSP.

Not being involved in any of the circumstances that prohibit contracting, as established in article 71 LCSP, a fact that can be accredited by any of the means established in article 85 of LCSP.

To accredit the required solvency, in the terms established

in clause 11 of this Schedule.

Moreover, when prescribed by the applicable regulations, the tenderer is required to comply with certain conditions in relation with its organisation, destination of its benefits, funding system or others in order to be able to take part in the awarding process, these must be accredited by the bidding companies.

Likewise, it is necessary that the performances that are the object of this contract are included in the purposes, object or field of action of the bidding companies, as described in their articles of association or founding regulations. The circumstances in terms of capacity, solvency and lack of prohibition to contract must be valid on the final date of the submission of offers and continue at the moment of the execution of the contract.

8.2. Companies getting together temporarily to submit a tender are eligible as well, and the joint venture does not have to be established by public deed until the contract has been awarded.



These companies shall be severally liable in front of Circuits de Catalunya, S.L. and they must nominate a single representative or proxy person with power enough to exercise the rights and comply with the obligations arising out of the contract until its extinction, regardless of whether the company confers joint authority to pay and receive significant amounts of money.

In Joint Ventures, all companies forming part of it must prove their solvency in the terms established in clause 11.

II. PROVISIONS CONCERNING THE TENDER, THE AWARD AND THE EXECUTION OF THE CONTRACT.

9. Submission of proposals 9.1. The proposal to take part in the tender shall be submitted in THREE

closed envelopes, identified on the outside stating the tender and the batch that is being tendered, with the title of the content of each envelope, the name and surname or company name of the tenderer, and signed by the tenderer or the representing person. Inside of every envelope there must be an independent sheet stating the content in numeric order.

The envelopes shall be submitted on August 9th, 2019 from 9.00 to 14.00 hours, according to what is established in article 156.2 LCSP. The proposals of the interesting parties must necessarily and only be submitted at the address Circuits de Catalunya, S.L. Mas “La Moreneta” 08160 Montmeló. The physical submission of the envelopes must be done simultaneously with an e-mail sent to [email protected] stating the data of those interested, in order to make the control and custody of the submission easier.

9.2. The proposals of those interested must comply with the requirements stated in the Schedule and the submission shall imply the unconditional acceptance by the businessman of the complete


mailto:[email protected]


content of the clauses and conditions, as well as the Technical Prescription Schedule. The proposals shall be secret and the necessary measures will be taken in order to guarantee the secrecy until the moment they are publicly opened. Each tenderer may only submit a single proposal, without prejudice to the admissibility of improvements or variations, whenever this is expressly established. It is neither allowed to submit a proposal in joint venture with other companies if an individual proposal has already been submitted, nor to appear in more than one joint venture. The infringement of these rules will lead to a rejection of all proposals submitted. Once a proposal is submitted, it cannot be withdrawn

9.3. For a presentation of the proposals as tight as possible to the provisions of the specifications and in order to facilitate the work for those interested, it’s enabled a deadline to make, questions and clarifications about concepts and or requirements related to the object and development of the work of this contracte that will be included from the day of the publication of this specifications until the 1st of July of 2019 to 14:00h.

10. Way in which the proposals must be submitted The proposals must be submitted in any of the co-official languages of Catalonia. The proposal shall be submitted on paper and in computer format in each envelope (CD or memory stick in PDF format). ENVELOPE NO. 1. This envelope shall contain, in compliance with article 140.1 LCSP, the European Single Procurement Document (ESPD) and the responsible statement about the compliance with all the legally established



conditions to contract with the public sector, in accordance with the model attached as Appendix 1 to these administrative clauses. The conditions legally established to contract must be complied with before the end of the deadline for the submission of proposals and survive at the moment of the execution of the contract, according to article 140.4 LCSP. In accordance with article 140.3 LCSP, the tenderers commit to providing at any time before the award proposal, any documents whenever it is requested from them. ENVELOPE NO. 2. This envelope must include the documents concerning the award criteria. The quantification of the award criteria depends on a value judgement considering what is stated in the Technical Prescription Schedule of this tender, and considering also what is established in clause 12 of this Schedule of Administrative Clauses (SAC). ENVELOPE NO. 3. This envelope must include the documents concerning the automatically quantifiable assessment criteria, according to what is established in the Technical Prescription Schedule of this tender, taking into account what is established in clause 12 of this SAC, and filled-out according to Appendix 2 of this SAC.

11. Solvency and business classification 11.1. As per articles 74, 77, 87 and 90 LCSP, the companies must prove that

they comply with the following minimum solvency requirements:

As regards the economic and financial solvency, the annual turnover must be equivalent or higher than one and a half times the value of this tender.

And as regards the technical or professional solvency, it must be possible to submit a list of the main services or works provided by the company of the same or similar



nature as those that are the object of this tender in the past three years.

In accordance with article 77.1 letter b, the business classification is not demanded.

The assessment of all of the requirements described in this clause will be made taking into account article 87.4 LCSP, which establishes that the solvency must be proportional to the object of the contract and cannot be an obstacle for the participation of small and medium companies. Those companies that, due to a valid reason, are not in condition of submitting the requested references to prove their economic and financial solvency, will be allowed to prove it by means of any other document considered as appropriate by the contracting body. 11.2. Tendering companies must commit to dedicating or assigning to the

performance of the contract enough personal and material means in order to comply with the prescriptions included in the technical prescriptions schedule.

11.3. Tendering companies may resort to other entities, regardless of the

legal nature of their relationship, in order to prove their economic and financial, and technical and professional solvency, under the terms established in article 75 LCSP, provided that these entities have not incurred in the prohibition to contract, and that the tendering companies are able to prove that during the complete duration of the contract performance they will have the necessary means effectively available by means of the submission of a written commitment from the mentioned entities.

11.4. The EU certificates of businessmen authorised to contract, which are referred to in article 97 of LCSP may constitute an aptitude as regards the selection requirements stated therein.

11.5. In Joint Ventures, all companies forming part of it must prove their solvency. In order to be able to establish the solvency of the joint venture, the solvency accredited by each of the members shall be added.



12. Criteria for the awarding of the contract. Those established in aside H of the Tender Prospectus.

13. Preference criteria in case of equal proposals Should there be equal proposals, preference will be given for the award in agreement with the criteria established in article 147.2 LCSP. The supporting documents of the tiebreaking criteria shall be submitted by the tenderers at the moment the tie is established and not at an earlier time. Should any of the tenderers not submit the documents supporting the circumstances referred to in article 147.2 of LCSP within the above established deadline, the tenderer shall automatically be considered as classified in last position of those in a tie.

14. Opening of the envelopes, assessment and classification of the offers

14.1. After the end of the offer submission period, the opening, by the

contracting committee, of the envelopes containing the responsible statement and the ESPD, as well as the envelope containing the offer that will be assessed based on criteria subject to value judgements submitted by the bidding companies, will take place on the day, place and time stated in the call for tenders.

The contracting committee will qualify the European Single Procurement Document (ESPD) and the responsible statement and the rest of documents included in the envelopes, except for the content of envelope number 3, and will determine the companies that are eligible for tender and those that are excluded, as well as, as the case may be, the reason for their exclusion.



Without prejudice to the communication to the interested parties, these circumstances shall be published on the contractor’s profile. Then, the contracting committee will forward the documents dealing with the offer to be assessed by means of criteria subject to value judgements submitted by the bidding companies to the technical services of the contracting committee, to make the respective assessment within a time period of no longer than 7 days.

14.2. Then, the public act will take place, during which the admitted proposals, the rejected proposals and, in the latter case, the reasons for rejection, will be made known. Likewise, the result of the assessment will be read and then, the envelopes of the admitted companies, containing the part of the offer to be assessed through quantifiable criteria by the simple application of formulae, will be opened.

14.3. During the same session, the contracting committee shall proceed,

after the exclusion of those offers that do not comply with the requirements established in the schedule, to assess and classify the offers of the admitted companies.

The contracting committee may request for and admit clarifications or rectifications of errors in the offers, only if they are related to materials or formal aspects, which are not substantial and if they do not hinder knowing the sense of the offer. The clarification or rectification of errors in the offers will only be allowed if they do not lead to a modification or concretion of the offer with the aim of guaranteeing the principle of equal treatment of all bidding companies.

14.4. Excluded from the tender, by means of a motivated resolution, shall be all those companies, the proposals of which are not in agreement with the examined and admitted documents, that exceed the initial tender budget, that substantially change the proposal models established in this schedule, that show an evident error in the amount of the proposal, and those in which the tender company recognises the existence of an error or inconsistency that make it



unviable, as well as companies that do not comply with any of the statements made in the responsible statement.

The existence of mistakes in the economic proposals of the tendering companies will imply their exclusion from the contracting process, if it may lead to an infringement of the principle of equality, whenever the mistakes make it impossible to establish with certainty the price that is actually being offered by the companies and consequently make it impossible to assess the offers.

14.5. At a later date, the awarding proposal will be made in favour of the company having achieved the best score and sent to the contracting body.

In order to make this classification, the committee will take into account the awarding criteria stated in clause 12 of this schedule and the call for tenders.

14.6. The committee may request advice from independent technicians or experts, after being authorised to do so by the contracting body, before the formulation of their awarding proposal, in agreement with what is established in article 326.6 last paragraph of LCSP.

14.7. The awarding proposal of the committee does not imply any right

for the tendering company that has been proposed as best bidder, since the contracting body can reject the decision, if the decision is motivated.

14.8. The acts of exclusion of the tendering companies adopted in relation

with the opening of the envelopes may be contested according to the terms established in clause 37 of this Schedule.

15. Variations Tenderers are not allowed to include variations in their offers.



16. Abnormal or disproportionate proposals Whenever the price offered is 15% lower than the average of all offers, or if the total score of the criteria subject to a value judgement (envelope 2) is less than 25 points. If an offer achieves, in the technical assessment of the criteria subject to a value judgement, a score that is below 25 points, it will be automatically discarded from the tender, and the economic proposal shall not be opened. If the price of an offer is 15% lower than the average of the total offers, the contracting committee will give the company whose offer is affected by this situation, a deadline of 3 calendar days in order to justify the price in the terms established in article 149.4 of the Spanish Public Sector Contracts Law (LCSP): Once the justification of the tenderer, the contracting committee will take a motivated decision on the feasibility of the justification provided by means of documents. Should the contracting committee not receive any response as regards the justification demanded from the tenderer who made the offer that was considered as abnormally low, within the time period mentioned in the above paragraph, the offer shall be automatically discarded and the award will be made to the next offer in order of precedence.

17. Demandable guarantees 17.1. Provisional: There is no need to constitute a provisional guarantee

in accordance to what is established in article 106.1 LCSP. 17.2. Definitive: 5% of the awarded contract amount, VAT excluded.

18. Resignation and withdrawal The contracting body may renounce to the execution of the contract, due to reasons of public interest, duly justified, and with the respective notification to the tendering companies, before the awarding of the contract. The body may also cancel the procedure, before the awarding, if



there is a non-amendable infringement of the contract preparation rules or the regulations of the awarding procedure. In both cases, the companies shall be compensated for the expenses incurred. Before the compensation, the expenses must be accredited and/or justified.

19. Award 19.1. The tenderer proposed to be awarded before the award and within

a time period of 7 workdays from the date on which the electronic request established in article 150.2 LCSP was sent, will have to provide the following documents:

A) Certified copy of the identity document of the person

representing the company.

B) Certified copy of the power of attorney to represent the legal person, registered at the Company Register.

C) Certified copy of the tax identification number of the

company.

D) Certified copy of the deed of incorporation of the company and amendments or later adaptations (if any), duly registered at the Company Register.

E) Documents supporting the compliance with the specific

requirements of solvency and empowerment.

F) Documents justifying that the tenderer has complied with the obligations of the Social Security, according to what is established in article 13 and 14 of the General Regulations of the Public Contracts Law (RGLCAP):

Positive certificate of the State Agency for Tax Administration stating that the company has no outstanding payments.



Positive certificate issued by the Social Security Treasury stating that the company has no outstanding payments to the Social Security.

Positive certificate stating that the company has no outstanding tax payments to the Catalan Government.

G) In general, the rest of the circumstances stated in the

submitted statements and any other claimable document. The companies registered in the Register of Bidders of the Catalan Government and/or the General State Administration are exempt from submitting the mentioned documents which have already been submitted to these registers, providing that they submit a (valid) certificate of the registration, as well as a responsible statement stating that the circumstances reflected in the register have not changed. 19.2. Should the requested documents not be presented or amended

within the time period established by the contracting committee, it will be understood that the bidding company has withdrawn the offer and the same documents shall be required from the following bidding company, following the order of the offer classification.

19.3. The contracting body shall agree on the award of the contract on

the day following the reception of the documents, by means of a motivated resolution, published it on the contractor’s profile and notify all of the bidders.

20. Execution of the contract 20.1. According to article 153 LCSP, the contractor commits to executing

the contract by means of an administrative document within a time period of 7 workdays from the following day of the notification of the award. The execution shall be published on the contractor's profile.



20.2. The companies that submitted a joint bid shall submit, after the awarding of the contract, the public deed about the constitution of the joint venture, stating the name of the person representing it or of the single person sufficiently empowered to exercise the right and comply with the obligations arising out of the contract until its termination.

20.3. The execution of the contract shall be an essential requirement in

order to start with the performance.

21. Return of the documents to the bidding companies Once the contract has been executed and once the deadlines for the application of respective remedies, without them having been applied, have ended, the documents submitted with the proposals will be at the disposal of the bidding companies. Should the right not having been executed one year after the date of the award, always provided that the award is firm, the complete documentation included in the offers that were not awarded shall be completely destroyed.

III. PROVISIONS CONCERNING THE PERFORMANCE OF THE CONTRACT.

22. Special conditions and execution The special conditions concerning the performance, which are compulsory for the contracted company or companies and, given the case, for the subcontracted company or companies, are the following:

A) Ethical principles and rules of conduct.



Bidding companies and contractors take on the following obligations: a) To observe the principles, rules and ethical standards of the

activities, trades and/or professions which are the object of the contract.

b) Not to perform any action that may compromise the public interest.

c) To report any irregular situation that may appear during the public procurement or during the performance of the contracts.

d) To refrain from conducts with the aim of or that may produce the effect of hindering, restricting or falsifying the competence like, for example, collusive actions or fraudulent competence (protection offers, removal of offers, allocation of markets, rotation of offers, etc.).

e) To respect the confidentiality agreements and rules. f) To collaborate with the contracting body in all actions performed

to make a follow-up and/or assessment of the compliance with the contract, particularly making available all information requested to this end, as well as with the transparency legislation and the requirements imposed by the legislation on public procurement on the contractor with regard to the respective Administration or Administrations, regardless of the compliance with the transparency obligations applicable by legal provisions.

B) Fiscal transparency.

The contractors and subcontractors, including subsidiary and related companies that perform the contract, commit to performing the contract with criteria of tax fairness or transparency, and therefore all income and benefits arising out of this public contract must be completely declared and taxed, according to the applicable tax laws. In no case will it be allowed to use registered tax residences included in countries appearing on the list of tax havens established by the OCDE or the European Commission, be it directly or through subsidiary companies.

23. Performance and supervision of the services



The contract shall be performed in accordance with what is established in the clauses and schedules, and with the instructions given by the management of Circuits de Catalunya, S.L. to the contractor or contractors, based on the interpretation of the contract.

24. Work programme The contractor or contractors will have to submit a work programme that will have to be approved by the contracting body.

25. Deadline achievement and correct performance of the contract

25.1. The contractor must comply with the deadline for the performance

of the complete contract, as well as with partial deadlines (if any), according to the work programme.

25.2. If the contracted company incurs in delays with respect to the

achievement of total or partial deadlines, for causes attributable to the company, Circuit de Catalunya, S.L. may opt, given the circumstances, to terminate the contract including the loss of the guarantee, or to impose the penalties as and with the conditions established in articles 193 and 194 of LCSP.

Circuits de Catalunya, S.L. will have the same power if the contractor partially breaches the performance of the services defined in the contract for causes attributable to the company. If the delay with regard to the achievement of the deadlines is due to reasons not attributable to the contracted company, and if the company offers to comply if the initial performance deadline is extended, the deadline may be extended by, at least, a time equal to the lost time, unless the contractor requests for a shorter time period.



In any case, the fact of being in default shall not require a previous notification by Circuits de Catalunya, S.L.

25.3. In case of a faulty compliance of the performance that is the object

of the contract or in case of breach of the commitments taken-on by the contracted company or companies, or of the special performance conditions established in clause 22 of this Schedule, it may be agreed to impose the respective penalties under the terms and conditions established in article 192 of LCSP.

25.4. The amounts of the penalties imposed will be paid by means of the

deduction from the amounts that, as total or partial payment, have to be paid to the contracted company or from the constituted guarantee, if they cannot be deducted from the mentioned payments.

26. Penalties In agreement with the provisions established by article 76.2 and article 192.2 a set of penalties are established to cover certain cases of breach of the essential elements of the contract that are relevant for the contracting body. In this sense, different types of penalties are established according to the seriousness:

- Breach of the term for the start of the works or services to be provided, as well as any partial term for the delivery of the works or services.

- Breach of the level of quality or detail demanded in the technical prescription schedule or in the offer proposed by the contractor.

- Not to meet the requirements made by the responsible of the

contract, nominated by the contracting body of Circuits de Catalunya, S.L.

- The lack of communication of circumstances having arisen in relation with the contractor, which turn the bidder partially or definitely inadequate for the performance of the contracted service.



- The breach of any aspect of the human resources management plan

stated in the technical schedule. Or any other aspect that is established by the labour regulations with regard to the employees of the contractor.

- The breach by the contractor of the instructions given by Circuit de Catalunya S.L. staff or by any member of the security staff of the facilities that may give rise to a risk of any type.

- The non-authorised use by the contractor or its subcontracted staff of personal data or sales information of Circuits de Catalunya, S.L.

- The installation by the contractor or by its subcontracted staff, of malicious software or software that does not comply with the security standards.

- All incidents caused by the contractor or its subcontracted staff that hinder the normal use of the ticketing system of Circuits de Catalunya, S.L.

- The breaches by the contractor or its subcontracted staff that imply the infringement of the personal data protection regulations, of which Circuits de Catalunya, S.L. might be directly or indirectly responsible.

- The breach of any sectoral legislation in the area of action of the contractor.

The contracting body, following a proposal by the person responsible for the contract, may impose economic penalties, with a reason, valuing essential aspects of the infringement by the contractor: such as, for example, the seriousness of the breach, as well as the repetition, based on the following scale:

- Very serious breaches: Up to 15% of the amount of the contract may be withheld, or request for the termination of the contract, whenever the performance of the above mentioned conducts by the



contractor is detected, and if these conducts have created considerable risk that, regardless of whether there has been a specific damage or not, has caused Circuits de Catalunya, S.L. material harm to its reputation or of any other nature.

- Serious breaches: Up to 10% of the total amount of the contract may

be withheld whenever the performance of the above mentioned conducts by the contractor is detected and it becomes necessary to make repeated warnings regarding the same breach.

- Minor breaches: Up to 5% of the total amount of the contract will be withheld whenever the performance of the above mentioned conducts by the contractor is detected and it becomes necessary to make a warning for the first time.

Should these penalties be imposed, they will be withheld from the guarantee provided by the contractor, and if this wasn’t enough, they will be withheld from the invoices to be paid until covering the total.

27. Reception, guarantee period and responsibility for latent defects

As regards the reception and the guarantee period they will be subject to what is established in article 243.3 LCSP, and as regards the responsibility for latent defects, the criteria established in article 244 LCSP shall be applied.

28. Resolution of incidents Any incident that may arise between Circuits de Catalunya, S.L. and the contractor as regards the performance of the contract due to differences in the interpretation of what has been agreed on or due to the need to change the contractual conditions, will be dealt with by means of a contradictory file, that shall necessarily include the actions described in article 97 RGLCAP.



Except in cases, in which it is justified by reasons of public interests or due to the nature of the incidents, the resolution will not imply the standstill of the contract.

29. Resolution of interpretative technical doubts In order to solve interpretative technical doubts that may arise during the performance of the contract, a non-binding technical report, external to Circuits de Catalunya, S.L. may be requested. The contract shall only be modified due to reasons of public interest, in those cases and in the way established in articles 203 to 207 and concordant articles of LCSP and any other applicable regulations. No conventional amendment is expected.

IV. PROVISIONS CONCERNING THE RIGHTS AND OBLIGATIONS OF THE PARTIES

30. Rights and obligations of the parties. The rights and obligations of the parties shall be, in addition to those stated below, those arising out of the technical prescription schedule, the contract documents and the applicable regulations:

a) To keep secret all of the data or background information that has not been made public and are related to the object of the contract, as established in article 133 LCSP.

b) The contractor shall be responsible, during the performance of the

contract, of all damages, direct or indirect, that may be caused to any person, property or service, public or private, as a consequence of the acts, omissions or negligence of the staff under their responsibility or due to a deficient organisation of the service, according to what is established in article 196 LCSP.



c) During the performance of the contract, the contractor must comply with the applicable obligations as regards the environment, as well as social or labour issues, which are established by the laws of the European Union, the national law, the collective agreements or the provisions of international environmental, social and labour laws that are binding for the State, and particularly those established in Appendix V LCSP.

d) The contractor is required to comply with the loan conditions of the employees according to the applicable sectoral collective agreement.

e) The performance of this contract is linked to the grant of the intellectual and industrial property rights to Circuits de Catalunya, S.L.

f) The contractor commits to having a third party liability insurance policy to cover the risks arising out of the performance of the work with minimum limits of 300,000 euros. The insurance must be valid throughout the term of the contract.

31. Payment scheme The price will be paid against the submission and approval by the competent body, of the invoices issued by the contractor, in the terms established in article 198 LCSP, after the validation of the documents submitted by means of the issue of a technical report, and regardless of the fact, that the contractor may be requested to submit the documents certifying the payment of the obligations related to the Social Security of the employees that are involved in the performance of the contract.

32. Protection of personal data The contractor must comply with the prescriptions included in the applicable regulations about the protection of personal data and, especially, those included in article 28 and 29 of Regulation (EU) of the European Parliament and the Council, of 27 April 2016, on the protection



of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/16/EU, and, in accordance with article 33 of Organic Law 3/2018, of 5 December, on the protection of personal data and the guarantee of digital rights. In any case, the contractor will not be able to access documents, files, systems and support containing personal data without the express authorisation of the competent body at Circuits de Catalunya, S.L. Should the staff of the contractor have access, directly or indirectly, to personal data or information, the company shall demand from them the respect of the confidentiality obligation as regards the data and the information that they may have accessed while performing the activity or the service. The contractor shall refrain from performing any processing, including reproduction, use, keeping, of the data provided by Circuits de Catalunya, S.L. or received from third parties participating in the work, for any other purpose than the strict performance of this contract. These data are confidential according to the Organic Law on Data Protection and under no circumstances shall they be made available to third parties. Once the work has finished, the contractor must return to Circuits de Catalunya, S.L. all files, documents and, in general, any type of data received as a consequence of this contract.

V. PROVISIONS CONCERNING THE TRANSFER, SUBCONTRATING AND REVISION OF PRICES.

33. Price revision In accordance with article 103 LCSP and 9.2 of Royal Decree 55/2017, of 3 February, developing Law 2/2015, of 30 March, on the de-indexation of the Spanish Economy, the revision of the price of the contract is not planned.

34. Transfer



A transfer will not be admitted considering the nature of the contract, according to the justification stated in the file.

35. Subcontracting The contractor may subcontract the partial performance of the service that is the object of this contract. The bidding companies must state in their offer the part of the contract that will be subcontracted, stating the amount and the name or professional profile, defined by references in the conditions of professional or technical solvency, of the subcontractors that will be hired. In this case, the intention of subcontracting services must be stated in the offer.

VI. PROVISIONS CONCERNING THE TERMINATION OF THE CONTRACT.

36. Causes of termination 36.1. Causes for the termination of the contract, in addition to those

included in articles 211 and 313 LCSP, are the following:

Breach of the obligation that the contractor has as regards confidentiality with the data or background information that are not public and notorious and are related to the object of the contract.

Any change or amendment of the team assigned to the project without having the approval of Circuits de Catalunya.

If the contractor incurs in any of the causes leading to a prohibition to contract with the Public Administration stated in article 71 LCSP.

36.2. The effects arising out of the termination of the contract are those

established in articles 213 and 313 LCSP.



37. Regime of remedies The provisions of articles 26 and 27 LCSP shall be applicable, without prejudice to the appeals for reconsideration that may be put forward by legally empowered persons to the Catalan Court of Public Sector Contracts.

Should there be discrepancies between the contractual documents and the tender documents, the provisions of the Schedule of Administrative Clauses shall prevail.

APPENDIX 1. RESPONSIBLE STATEMENT AND SUBMISSION OF THE SINGLE PROCUREMENT DOCUMENT (ESPD) "Mr./Ms. .......................................... with VAT no. ................, on his/her own behalf / on behalf of the company .............., as ..., and according to the public deed signed in front of the notary of ......, on …. and with protocol number .../or document ..., VAT no. .............., with registered office in........... street ........................, no. ........., (contact person......................, e-mail address................, telephone no. ............... and fax no... ... .....................), opts to take part in the tender for the service contract for the Ticketing Platform of Circuit de Barcelona-Catalunya, SUBMITS THE SINGLE PROCUREMENT DOCUMENT (ESPD) duly filled-out and attached, AND DECLARES RESPONSIBLY

- That the power of representation is enough and valid (if acting as representative); that he/she complies with all and every legally established condition and that he/she does not incur in any prohibition to contract with the Administration as established in articles 65 and 97 LCSP.

- That all the tax payments and payments to the Social Security have

duly been made.



- That he/she is registered in the Register of Bidders of the Catalan Government and/or the General State Administration and that the data appearing in the register have not changed.

- That he/she has the business or professional qualification, as well as

the economic and financial, and the technical or professional solvency demanded in clause 11 of this Schedule.

- (If applicable) That, if they should resort to external solvency, they

have the written commitment of the respective entities in order to have the necessary resources and capacities to use them in the performance of the contract.

- (If applicable) That, being a foreign company, they submit to the jurisdiction of the Spanish Courts.

- That, if the bidder has the intention to create a joint venture, they

shall state the names and circumstances of the members, as well as take on the commitment to formally create a joint venture if the contract is awarded to them.

- The following person/s are appointed as authorised persons to

receive notifications, communications and requirements by electronic means:

Authorised person/s: ID: Business e-mail: Business mobile phone:

- (If applicable) That, if related companies do submit bids, the company group it belongs to is __________

- That, if the company is awarded with the contract, it commits to

submitting the documents established in clause 19 of the SAC with the established deadlines.



APPENDIX 2. MODEL FOR A PROPOSAL OF THE CRITERIA TO BE ASSESSED AUTOMATICALLY “I, ______________________________, with ID number ___________, as representative of the company__________________________, with VAT number _____________ and registered office at______________ in _______________, Declare 1. That I know the content of the Schedule of Administrative Prescriptions and the Schedule of Technical Prescriptions that govern the tender called by Circuits de Catalunya, S.L. to award the service contract of the Ticketing Platform of Circuits de Catalunya, S.L. and I pledge to perform it in accordance with the above-mentioned schedules for the total amount of ______________ euros, VAT not included. The amount corresponding to the VAT is ...................... €, the tax rate being .............%. 3. [If applicable] That I will include in the performance of the contract the following professionals, with the training and experience stated below:



Name Post 4. [If applicable] That the legal person I represent, has all quality management accrediting certificates for the services it usually provides, a copy of which is attached. (Place, date and signature of the bidder)."
