The Contractor Profile described on EMT's website www.emtmadrid.es is split into 4 sections:
1.- The calls for bids to procure works, services and supplies that are regulated by Act 31/2007 of 30 October on procurement procedures in the water, energy, transport and post services sectors, and which EMT requires owing to its corporate activity, shall be processed if they meet the thresholds indicated below in accordance with the procedures laid down in the aforementioned Act, observing the following advertising levels:
The current thresholds, in force since 1 January 2016 to which the processing of the procurement procedures are subject under Act 31/2007 of 30 October are as follows:
Negotiated procedures without a prior tender process are exempt from the aforementioned publicity. With respect to such cases a transparency notice must be published.
The transparency notice, whether for tender or adjudication, is published in cases where tender announcements are not compulsory, and in general is voluntary.
2.-Calls for bids to procure works, services and supplies that are not regulated by Act 31/2007 are subject to EMT Procurement Instructions and, only insofar as applicable, to the provisions of the Consolidated Text of the Public Sector Procurement Act (Additional Provision 8 of Royal Order in Council 3/2011 and Additional Provision 4 of Act 31/2007). Such calls with an estimated value for below the thresholds of Act 31/2007 and greater than €18,000 for supplies and services, and over €50,000 for works, shall be subject to the following publication levels:
The EMT web site www.emtmadrid.es (contractor profile) in any event, except for unpublished negotiated procedures, if a transparency notice is not published.
Official Gazette of Madrid City Council (BOAM), Official Gazette of the Spanish State (BOE) or the Official Gazette of the Community of Madrid (BOCM), or daily newspaper, only when legally obligatory, or optionally pursuant to a company decision.
Moreover, notices may be published in the media optionally for either of cases 1 and 2 above
B.- MINOR CONTRACTS.
Until Act 19/2013 of 9 December on transparency, access to public information and good government came into force, publication of minor contracts was not compulsory. As soon as it comes into force (11/12/2015 for organisations and companies belonging to Local Administrations) it becomes compulsory to publish the awarding of minor contracts, providing essential information quarterly as stipulated by the Act or, if applicable, as often as required by Madrid City Council
EMT has been making its minor procurement public since before the application of Act 19/2013, and will continue to do so once the law has come into force in the same ways, which are as follows::
C.- CONTRACTS NOT GOVERNED BY PUBLIC PROCUREMENT REGULATIONS.
The remaining calls for bids and other contracting procedures not subject to public procurement regulations will follow the same principles (transparency, equal treatment, proportionality, etc.)
D.- CONDITIONS THAT MUST BE MET BY FINANCIAL OPERATORS CONTRACTING WITH EMT.
Any bidder who wishes to supply or be contracted by EMT must fulfil the conditions that are set out in the tender specifications and, whatever the case, the following minimum requirements:
Be up to date with respect to tax and Social Security contribution payments.
Not be subject to any legal incompatibilities or prohibitions to contracting that are provided for in any public or private legal regulation.
Bidders must hold sufficient legal capacity to act, must be doing business in the activity to be procured and must meet the financial, economic and technical solvency requirements indicated in the tender specifications or in the announcement.
The aforementioned requirements shall be understood as met whenever the bidder (supplier or contractor) is classified in the EMT classification system (PROTRANS) www.achilles.com.
Comply with that which is provided for in the Disabled Persons Social Integration Act (LISMI), currently the Consolidated Text of the Disabled Persons Social Inclusion Act adopted by Royal Order in Council 1/2013 of 29 November, Article 42.1, which establishes that public and private companies with a staff of 50 employees or more are obliged to hire a number of disabled employees numbering no less than 2% of the staff, or to have established and approved measures as regards the exceptions to this provision provided for in the aforementioned Act. In the manner established in the tender specifications and in the announcements.
EMT may require accreditation of these requirements at any given time. Failure to meet them shall be just cause to rescind the awarding of the tender or contract in question.
The Tender Specifications that regulate each contract can be downloaded from this web site.
E.- AWARDS, FORMALISATIONS AND DECLARATION OF VOID TENDERS.
Announcements of tender awards, void tenders, tender waiver or abandonment shall be published in the Contractor Profile (www.emtmadrid.es), and shall remain posted there for two months. Moreover, the obligatory award announcements shall be published, particularly those subject to Act 31/2007 in the OJ, and optionally in the BOE and BOCM.
The formalisation date of the contracts shall be published on this web site.
F.- CHANGES TO CONTRACT EXTENSIONS OTHER CONTRACTING PROCEDURES.
Changes and extensions to non-minor contracts will be published once approved under the tab Active tenders / Changes and Extensions.
Other contracting procedures that may be published voluntarily will be shown under the tab "Various files".
G.- REMOVAL OF PUBLISHED PROCEDURES.
After two months have elapsed since the publication of the award, waiver or abandonment announcement in the Contractor Profile, information on that profile will be removed from the "Active tenders" list and can thereafter be consulted on the "Tender record" tab, where it will remain for this purpose.
H.- PROCUREMENT BODIES.
2015 Empresa Municipal de Transportes de Madrid, S. A.