Socially responsible procurement

Solvency criteria are required to establish the minimum capacity requirements of bidders to properly execute the contract for which they are competing. The requirements are regulated by the TRLCSP[1] and implemented by the RGLCAP[2]. However, compliance with certain quality assurance and environmental management standards may be required. Thus, in the contracts in which it is relevant, it the following are requested:

• In accordance with Article 80 of the TRLCSP, a certificate issued by an independent accredited body must be provided as proof that the company complies with quality management standard OHSAS 18001 or equivalent.
• A certificate issued by an independent accredited body as proof that the company complies with the environmental management standard ISO 14001 or equivalent

1.2.1. Only bid assessment criteria related to the object of the contract can be used, in accordance with the TRLCSP.

Among other criteria, and always with the limitation that there is a direct relationship with the object of the contract, the following will be taken into account:

• “A description of the training of the operators assigned to the contract and the planning of their training concerning recycling: up to a maximum of X points.

The highest score will be awarded to the one offering the most courses with the most appropriate content to the specific characteristics in terms of the assigned tasks established in the technical specifications. The tender presenting the best training plan will obtain more points; the rest will be scored proportionally with respect to the best one.

•  “Waste management – maximum score: X points.

A description of the proposal for the management of waste generated by the different campuses and buildings, justified provision of means for its management and due recycling, as well as the frequency of the emptying of containers.

For each of the sections set out below, the highest score will be awarded to the removal of waste being carried out outside the hours of greatest presence of people in the different buildings, which guarantees to a greater extent that there is no accumulation of waste for its removal and that to a greater extent it does not represent an easement area of spaces for the use of UPF.”

• In the health surveillance contract, the following was assessed as an additional improvement:

“Health promotion programme: definition of the specific objectives and establishment of the associated operational activities to be carried out in the health promotion programme, indicating the specific contents and the regularity with which they must be applied. X points will be awarded to the best proposal, understood as the one that includes the most aspects of health education and 0 to the one that does not contribute to this health promotion programme. The following, at least, must be included: Mental health, tobacco, alcohol, other drugs, physical activity, food.
The tender that best meets this criterion will receive the highest score and the rest of the tenders will receive the proportional score with respect thereto.”

• Composition of the menus and their variety: up to 5 points broken down as follows:

The tender that includes the most varied menus during the week and during the different seasons, and that include meals from different cultures, will be scored higher. Up to 3 points
Over and above the established minimums, the tender that offers the highest daily number of first courses, main courses and desserts will be scored highest. Up to 2 points

• Description of the nutritional criteria when preparing menu organization and planning: The tender that offers the most balanced and healthy menus will be scored highest. Up to 10 points

• Quality of the products served: up to 10 points.

The tender that most clearly describes its methodology for the selection of raw materials, and that proposes, to a greater extent, the use of the following products: fresh, organic, fair trade, local, seasonal, for fruit, greens and vegetables.

• Service provision for customers with special needs (gluten intolerance): up to 15 points

Description of their tender: Variety and composition of dishes: The most varied weekday menus and menus that vary seasonally will be scored higher. Up to 5 points
Dissemination of information within the facilities: The tender that proposes poster designs and informative panels that are easily understandable and do not contain clichés or sexist messages, as well as information on the spaces where such dissemination would be made, will be scored higher. Up to 5 points
Operation at the Poblenou campus to offer sandwiches and set menus for people with gluten intolerance. Up to 4 points Tenders that present higher quality food will be rated higher, understood as providing hot dishes, not only pre-cooked and packaged dishes.
Description of operations at the Ciutadella campus (Jaume I), for the provision of sandwiches for users with gluten intolerance. Up to 1 point. Tenders whose operation allows the Jaume I cafeteria to provide a greater variety of sandwiches will be scored higher.”

• “Provision of ethical, sustainable and healthy food: up to 10 points

Description of their tender: variety and composition of dishes: The most varied weekday menus and menus that vary seasonally will be scored higher. Up to 5 points
Dissemination of information within the facilities: Tenders that propose poster designs and informative panels that are easily understandable and do not contain clichés or sexist messages, as well as a proposal concerning the spaces where such dissemination would be made, will be scored higher. Up to 5 points”

• “Provision of ecological and/or regenerated products that can complement the catalogue at the time of commencement of the contract in the areas set out below and for the maximum score set out for each area, up to a maximum total of 5 points:

Group 1: Paper and stationery. Up to a maximum of 2 points
Group 2: Writing style and correctness. Up to a maximum of 1 point
Group 4: Classification and archiving. Up to a maximum of 2 points
Tenders that at the time of commencement of the contract can offer a greater amount of ecological and/or regenerated products for each area and with a level of quality that is equivalent to the products of these same areas that appear in the tender will be scored higher. The rest of the tenders will be assessed proportionally with respect to the one that obtains the highest score.”

• “Improvement of the existing installation in the Rectoral building with the replacement of the current block of 5 SE-65A modules Atmospheric heating boiler Hydrotherm Stiebel Eltron model SE-325 manufactured in 1992 with another gas condensing boiler.”

• “Improvement of the existing lighting installation in the University buildings with the replacement of 58w fluorescent tubes with LED-type tubes.”    

• The following must be taken into account in the supply of desktop computers: “Environmental criteria: The maximum score that bidders can obtain is 1.5 points broken down as follows:

Power consumption: maximum 0.5 points taking into account the Reference/standard ENERGY STAR Program Requirements for Computers version 5.2). This data must be documented and included in the tender. It will be scored as follows:
      Score =   0.5  x   (C.min/C.a)
Where C.min is the electrical consumption of the equipment with the lowest consumption and C.a is the electrical consumption of the equipment being assessed.
Noise from power supply at rest Sound pressure level LpAm (DB) idle mode: maximum 0.5 points (Reference/standard ISO 9296, ISO 7779) This data must be documented and included in the envelope with the criteria to be assessed automatically. It will be scored as follows:
       Score =   0.5  x   (LpAm.min/LpAm.a)
Where LpAm.a is the noise level of the equipment being assessed and LpAm.min is the noise level of the least noisy equipment.
Operating power source noise: Sound pressure level LpAm (DB) operating mode (HDD accessing): maximum 0.5 points (Reference/standard ISO 9296, ISO 7779). This data must be documented and included in the envelope with the criteria to be assessed automatically. It will be scored as follows:
       Score =   0.5  x   (Lwa.min/Lwa.a)
Where Lwa.a is the noise level of the equipment being assessed and Lwa.min is the noise level of the least noisy equipment”

1.2.2. Additionally, in open procedures tie-breaking criteria are used that give preference in the award to companies that employ people at risk of exclusion, that have more people with disabilities and that have an equality plan between men and women:

In the event of a tie, preference will be given in the award of the contract to proposals submitted by public or private companies that, at the time of proving their technical solvency, have in their workforce a number of disabled workers greater than 2%, or that have adopted any of the alternative measures provided for in Article 2 of Spanish Royal Decree 364/2005, of 8 April, provided that the terms of these proposals match the most advantageous from the point of view of the criteria that serve as the basis for the award. If several bidding companies can prove that they have an employment relationship with people with disabilities at a percentage greater than 2%, in the event of a tie as to the most advantageous proposal, the bidder who has the highest percentage of permanent workers with disabilities in its workforce has preference in the award of the contract.
Proposals presented by companies that can prove they have created in recent years greater employment opportunities for people in a situation of social exclusion or at serious risk thereof, who are unemployed and have significant difficulties to enter the ordinary labour market, and that are included in some of the following groups will also have preference in the award of the contract, provided that they match in their terms the most advantageous from the point of view of the criteria that serve as the basis for the award:

• People with physical, mental or sensory impairment or with a mental illness who have the possibility to enter the working world.
• Recipients of the minimum integration income.
• Persons who are not eligible for the minimum integration income, because they do not meet the requirements established by Article 6.1 of Law 10/1997, of 3 July, on the minimum integration income.
• Young people over the age of 16 and under the age of 30 from child protection institutions.
• People with problems of drug or alcohol addiction who are in the process of rehabilitation and social reintegration.
• Inmates of prisons whose situation allows them to access employment, people on probation and former prisoners.
• Persons who are not eligible for the minimum integration income but, in the opinion of the competent social services, are at risk of exclusion.
• Long-term unemployed people over the age of 45.

The creation of employment opportunities for the aforementioned groups can be accredited by presenting employment contracts, employment workshops, training plans and tutorial monitoring programmes, among other means.
Likewise, natural and legal persons who have a plan for equal opportunities between women and men will have preference in the award of the contract, provided that their proposals match in their terms the most advantageous from the point of view of the criteria used as the basis for the award.
These additional award criteria may be cumulative so that in the event of a tie from the point of view of the criteria that serve as the basis for the award, preference will be given, where appropriate, to the company that meets the highest number of additional award criteria. If, despite the application of these additional award criteria, the tie persists, lots will be drawn.

1.2.3. In the event that among the bids submitted to a tender one or more are of a very low monetary amount thus potentially jeopardizing the fulfilment of the contract, companies are requested to justify this amount.

In order for UPF to assess this justification, one of the criteria to be taken into account in service contracts is that of respecting the minimum wage costs that are established by the applicable regulations.
Besides the total financial bid, it is also determined whether there are any abnormal or disproportionate values in the prices for overtime in order to avoid pools of free hours that negatively affect the staff providing the service.

In the clause of contractor obligations in service contracts that are labour intensive, it is specified that the contractor remains obliged to comply with the social clauses that are set out in a separate point in order to unify all obligations of this type in a single section and thus give it greater visibility in the specifications:

30.1.

The successful bidder is obliged, in the execution of the contract, to apply measures aimed at promoting equal opportunities for women and men in the labour market, in accordance with the provisions of Spanish Organic Law 3/2007, of 22 March, on the effective equality of women and men.

30.2.

The successful bidder is obliged to comply with labour regulations and the applicable collective agreement. It will be responsible for the labour obligations established by the legislation in force at any time in terms of salaries, Social Security, work accidents, union membership, training, safety and hygiene, etc. Failure to comply with any of these labour-related obligations will entitle UPF to terminate the contract. This Institution will be exempt from any liability in this matter.

30.3.

The contractor must fulfil all the obligations that as a company, regardless of its contractual relationship with UPF, are applicable to it in terms of occupational health and safety in accordance with the Law on the Prevention of Occupational Hazards and implementing regulations. In general, the successful bidder is obliged to fulfil the provisions of Articles 17 and 24 of the Law on the Prevention of Occupational Hazards in relation to the coordination of business activities.
It must identify and assess the occupational risks associated with the activity covered by the contract and establish and adopt the preventive measures and establish and facilitate the means of protection necessary for their correct implementation, as well as inform UPF, in accordance with the provisions of Article 24 of the Law on the Prevention of Occupational Hazards and Spanish Royal Decree 171/2004, of 30 January, implementing Article 24 of Law 31/1995, of 8 November, on the prevention of occupational hazards, in relation to the coordination of business activities. Likewise, it must be aware of the measures adopted by UPF in terms of first aid, firefighting and evacuation of workers and act accordingly in existing buildings and those that may exist in the future. In particular, the contractor shall:

• •    Submit to the University the document corresponding to the generic assessment of the risks of the work posts.
  •    Inform Pompeu Fabra University of working conditions that the personnel of the awarded company may perceive as inadequate for the safety and health of people in the exercise of their functions. It shall also report the measures it deems appropriate to remedy them, which it will implement in each case of the need for urgent action.
  •    Inform the appropriate UPF officer as to labour-related accidents or incidents that may affect the personnel who carry out their tasks in any unit of Pompeu Fabra University.
  •    The successful bidder must take into account in the performance of its daily activity the general and local environmental standards and those that are approved by UPF.
  •    Identify and assess the occupational risks associated with the activity covered by the contract and establish and adopt the preventive measures and establish and facilitate the means of protection necessary for their correct implementation, as well as inform UPF, in accordance with the provisions of Article 24 of the Law on the Prevention of Occupational Hazards and Spanish Royal Decree 171/2004, of 30 January, implementing Article 24 of Law 31/1995, of 8 November, on the prevention of occupational hazards, in relation to the coordination of business activities. The successful bidder must also be aware of the measures adopted by UPF in terms of first aid, firefighting and evacuation of workers and act accordingly in existing buildings and those that may exist in the future.
  •    Provide UPF with: the nominal list of workers who will be involved in the activity contracted at each work centre of the University, with an indication of the assigned functions; information on the specific risks of the contracted activity that may affect the workers of the other companies present at the work centre and on the preventive and protective measures that these workers should adopt; the assessment of the risks resulting from the contracted activity and the planning of the preventive activity; and a certificate of accreditation of the qualifications of the workers who will be involved in the contracted activity.
  •    This documentation must be updated whenever the workers or working conditions that were subject to assessment vary and, in any case, on an annual basis.

The successful bidder must at all times fulfil all the obligations that as a company, regardless of its contractual relationship with UPF, are applicable to it in terms of occupational health and safety in accordance with the Law on the Prevention of Occupational Hazards and implementing regulations.

30.4.

If the company subcontracts part of the service, it must require subcontractors to provide proof of compliance with their labour-related obligations and submit them to the University in accordance with Clause 32.6 of these Specifications.

30.5.

The company must comply with the obligation to hire, where appropriate, two percent of workers with disabilities or adopt the alternative measures legally provided for.

30.6.

The contractor must take measures to prevent, control and eradicate sexual harassment, as well as harassment based on sex. In the works carried out during the performance of the contract, the obligations in terms of taxation/obligations in terms of environmental protection/provisions in force in terms of employment protection, working conditions and prevention of occupational hazards will apply.

30.7.

Any hiring of new personnel by the successful bidder of this contract will be carried out preferably with people who are legally in a situation of unemployment in accordance with the provisions of Article 208 of Spanish Royal Legislative Decree 1/1994, of 20 June, approving the consolidated text of the General Law on Social Security and, where possible, with groups with particular difficulties to enter the labour market set forth in Law 27/2002, of 20 December, on legislative measures to regulate social and labour insertion companies, or holders of a certificate of disability.

30.8.

The contractor and, where appropriate, the subcontractor, must establish measures that favour the reconciliation of the personal and/or family life of the workers assigned to the performance of this contract.

30.9.

The contractor must organize vocational training in the workplace that improve people’s employment and adaptability, as well as their skills and qualifications.

30.10.

The contractor shall be obliged to comply with the principle of equal opportunities for people with disabilities, avoiding direct or indirect discrimination, on the basis of disability, in its activity.

The conditions governing the performance of the contract are the obligations of the contractor set out in the specifications and are a minimum requirement in the performance of the contract. Such conditions include some whose non-compliance is of greater importance because they involve the direct termination of the contract, the so-called essential contractual obligations.

1.4.1. Essential contractual obligations that are grounds for termination of the contract:

• “The successful bidder is obliged to comply with labour regulations and the applicable collective agreement. It will be responsible for the labour obligations established by the legislation in force at any time in terms of salaries, Social Security, work accidents, union membership, training, safety and hygiene, etc. Failure to comply with any of these labour-related obligations will entitle UPF to terminate the contract. This Institution will be exempt from any liability in this matter.”

• “Failure by the contractor to comply with its obligations with respect to the subcontracting and payment of subcontractors in accordance with the provisions of the clause of the Specification on subcontracting:

32.2.

The conclusion of subcontracts is subject to compliance with the requirements set forth in Article 227.2 of the TRLCSP and prior authorization by the University.

32.3.

Breach of the conditions set forth in Article 227 of the aforementioned TRLCSP to proceed with subcontracting, as well as the lack of accreditation of the subcontractor’s suitability or the circumstances determining the emergency situation or that render subcontracting urgent, may result in the imposition on the contractor of a penalty of up to 50% of the amount of the subcontract.

32.4.

Subcontractors will be bound only to the main contractor who will therefore assume full responsibility for the performance of the contract to the University. The knowledge that University may have of the subcontracts concluded or the authorization it grants do not alter the exclusive responsibility of the main contractor.

32.5.

In no case may the contractor arrange the partial execution of the contract with persons disqualified from contracting in accordance with the legal system or included in any of the cases set forth in Article 60 of the TRLCSP.

32.6.

The contractor must inform the workers’ representatives of the subcontracting, in accordance with labour legislation. It is also the obligation of the contracting company, when subcontracting to others, to check prior to the start of the subcontracted activity, the affiliation and registration with the Social Security of the workers of the companies it subcontracts, and to notify the University of compliance with this obligation.

32.7.

Payment to subcontractors and suppliers is governed by Article 228 of the TRLCSP.

32.8.

In accordance with Article 228 bis of the TRLCSP, the University may verify the payment that the contractor must make to the subcontractors participating in the performance of the contract. For this purpose, the contractor will send to the University, at its request, a detailed list of subcontractors when their participation in the performance of the contract takes effect, together with the subcontracting conditions of each of them that have a direct relationship with the payment term. Likewise, the contractor must provide, at the request of the University, proof of compliance with payments to subcontractors once the subcontracted service has been completed within the payment terms legally set forth in Article 228 of the TRLCSP and Law 3/2004, of 29 December, establishing measures to combat late payment in commercial operations as applicable. These obligations are considered essential conditions of performance, the breach of which implies the termination of the contract.” 

• “The successful bidder will be obliged to assign to the performance of the contract the personal means undertaken in accordance with Article 64.2 of the TRLCSP and Clause 5.b.3) of this Specification. Failure to meet this obligation, which is essential, will result in the termination of the contract in accordance with Article 223 of the TRLCSP and Clause 33.3 of this Specification.”

• For the concession of the operation of the cafeterias:

a) Compulsory special conditions of performance:

     - The products and services supplied must meet healthy eating guidelines, in accordance with the recommendations of the public health agencies.
     - Drinks will be served closed and without refilling.
     - Alcoholic drinks of more than 20 degrees may not be served.
     - No tobacco, recreational, gaming or similar machines may be installed.

b) Compulsory special conditions of performance for the cafeteria – dining room service:

     - The food served will be healthy, in accordance with the so-called “Mediterranean diet”, and in accordance with the recommendations of the agencies responsible for public health. Oil  used will be virgin olive oil. 

c) Compulsory special conditions of performance for vending machines

     - The products supplied must be healthy and good quality. The machines must ensure the proper conservation of food and beverages, and keep them duly chilled.

       - 1.4.2. Further conditions of performance

• “The contractor must subrogate the personnel providing the service under the conditions legally established. In this sense and in accordance with Article 120 of the TRLCSP, Annex IV of this Specification lists the personnel who provide the service.” Or “In the event that, in accordance with the applicable labour regulations, the subrogation of the personnel who currently provide these services were mandatory, note that the number of workers, seniority, categories and remuneration are as set forth in Annex III of this Specification, in accordance with the information provided by the current service company.”

• “It will be the obligation of the successful bidder to supply uniforms, at its own expense, to the personnel assigned to the service, as well as to supply the necessary personal protective equipment.”

• “During the provision of the service, it will be necessary to ensure and guarantee at all times the safety of the users of the campuses, and to carry out the maintenance work with the least possible impact for them and for the environment, in terms of noise, emissions, waste generation and management, the use of recyclable or ecological materials, the saving and efficient use of water and energy, the environmental cost of the life cycle, etc.”

• “Take into account in the performance of its daily activity the general and local environmental standards and those that are approved by UPF.”

• “The cafeteria spaces have been issued with the AMED certificate. The concessionaire must renew and maintain it throughout the term of the contract. Failure to maintain or renew this certification during the term of validity will be sufficient reason not to extend the contract.”

• “The concessionaire must obtain, within a maximum period of one year, a certificate, for each cafeteria space, from an independent certifying body that certifies that it implements an environmental management system (EMS) for the kitchen service in accordance with ISO 14001, EMAS or equivalent standards.”

• “The successful bidder must promote the consumption of fair trade products such as coffee, sugar, etc., as well as fresh produce and the regular use of local and seasonal products.”

• “Beverages and food to take away must be sold in compostable packaging.”

• “The successful bidder undertakes to periodically collect the casings and empty cartridges of computer consumables, as well as computer and audiovisual media, in order to reuse, recycle or deposit them in specialized dumps legalized for this purpose by the Waste Agency of the Government of Catalonia. UPF will request from the successful bidder the certificates corresponding to the proper recycling of these materials in the corresponding legalized dumps.”

Obligations included in the specifications in accordance with the Law on Transparency:

ETHICAL PRINCIPLES AND RULES OF CONDUCT GOVERNING BIDDERS AND THE CONTRACTOR

In accordance with Article 55.2 of Law 19/2014, of 29 December, on transparency, access to public information and good governance, the ethical principles and rules of conduct to which bidders and the contractor must adapt their activity in their contractual relationship with Pompeu Fabra University are as follows:

• Bidders and the contractor must behave in an ethically exemplary manner, refrain from carrying out, fomenting, proposing or promoting any manner of corrupt practice, and inform the competent authorities of any manifestation of said practices that, in its opinion, may occur or affect the procedure or the contractual relationship. They shall, in particular, refrain from any action that may violate the principles of equality of opportunities and free competition.

• Generally, in the performance of their activities, the bidders and contractor shall undertake the following obligations:

Uphold the principles, rules and ethical standards of their professional activity corresponding to the provision of the service covered by the contract.
Not carry out actions that put the public interest at risk in the area of the contract or the services to be tendered.
Report irregular situations that may occur in public contracting processes or during the performance of the contract.

• In particular, the bidders and the contractor undertake the following obligations: 

- To immediately notify the contracting authority of any possible situations of conflict of interest.  In all cases, the situations set forth in Article 24 of Directive 2014/24/EU shall constitute conflicts of interest.
- Not to request, directly or indirectly, that any public official or employee influence the awarding of the contract. 
- Not to offer or facilitate to public officials or employees benefits for themselves or for third parties with the aim of influencing a contractual procedure.
- To respect the principles of the free market and competitive tendering and refrain from conduct aimed at or that may give rise to preventing, restricting or faking competition, such as collusive behaviour or fraudulent competition (cover bids, bid suppression, market allocation, bid rotation, etc.). 
- Not to use confidential information, known as a result of the contract or during the tender process, to obtain, directly or indirectly, any advantage or benefit. 
- Collaborate with the contracting authority in the actions carried out by the latter for monitoring and/or evaluating the fulfilment of the contract, in particular by providing the information requested of it for these purposes.
- To comply with information disclosure obligations imposed upon successful bidders by legislation on transparency and public sector contracts with regard to the relevant administration(s), without prejudice to compliance with transparency obligations directly binding upon them by law.
- To report any acts of which they may become aware and which may entail violation of the obligations contained in this clause.

• Breach by the contractor of the obligations contained in the preceding section shall be deemed cause for termination of the contract, without prejudice to any other possible consequences contemplated in the applicable legislation.