SPECIAL ADMINISTRATIVE CONTRACT
Bases for the Competition / Avenida de la Paz 11
26071 - La Rioja
SPAIN
Tel. : +34 941 277000
Fax: +34 941 246376
OBJECT: / 2nd INTERNATIONAL FIREWORKS DISPLAY COMPETITION AT THE 2008 SAN MATEO FESTIVAL
Form: / Competition
Processing: / Regular
Procedure: / Open
LEGAL COUNCIL REPORT
In conformance with article 113, rule 1 of the Revised Text on Current Regulations applying to the Local Procedures concerning the material expressed in the Eighth Additional Regulation, section e) of the Law for Regulating the Basis for Local Procedures, we hereby favourably approve the Bases for the competition for the mentioned contract, written on 17 March, 2008 by the Head of the Purchasing Section and Culture/Festivals Management.
Logroño, on , March, 2008
THE MUNICIPAL LEGAL COUNCIL
BASES FOR PARTICIPATION IN THE 2ND INTERNATIONAL FIREWORKS DISPLAY COMPETITION AT THE 2008 SAN MATEO FESTIVAL
1. PURPOSE
The object of this contract is to select the companies that will present a fireworks display in the Logroño San Mateo Festival. This year, 6 fireworks displays will be chosen (for the days 21, 22, 23, 24, 25 and 26 September). The fireworks will be launched from the La Ribera Park.
The selected companies will participate in the 2nd International Fireworks Display Competition at the 2008 San Mateo Festival. The winner chosen by the panel of judges will be awarded a prize consisting of a trophy and €6,000. The winner will also be able to display the collection at the 2009 San Barnabé Festival. A second prize of €3,000 will be awarded to the fireworks company most highly rated by the audience witnessing the display.
Characteristics:
-The fireworks displays will commence punctually at 11:00 p.m. The start of the show will be announced by three notification shots, which will go off at 10:50, 10:55 and 11:00 p.m.
-The show will last for a minimum of sixteen minutes. It will proceed without interruption, continually moving from one effect to the next without pause.
-The pyrotechnic products to be used shall all be officially approved or catalogued. No rod-containing artefacts shall be used.
2. NATURE OF THE CONTRACT
The presentation of fireworks displays can be regarded as a kind of artistic creation. Nevertheless, the need for government involvement in event preparation and choosing the participants, as well as in calling the open international competition, leads us to qualify the present document as a special public contract. Articles 7.1 and 8.1 of the Revised Text of the Government Body Contract Law state that special public contracts must be awarded in compliance with the rules laid out in Book I of that Text, notwithstanding the possibility that they may preferably follow their own regulations. Any disputes that may arise in relation to the above are to be resolved by court order for contentious administration proceedings.
3. COMPANIES
This includes all those national and international pyrotechnics companies capable of presenting this kind of show, excepting those that have been deemed as incapable or incompatible in accordance with the currently applicable laws for contracting with Government Bodies.
All those companies that have been expressly invited by the City Council may participate, as well as others that have learned of the Bases through the La Rioja Official Gazette, or by means of other sources such as the website, or from other people related to the Competition. All participants must abide by the present Bases.
4. DOCUMENTS
All proposals must come in a sealed envelope, marked on the outside with the following:
II Concurso Internacional de espectáculos pirotécnicos para las Fiestas de San Mateo del año 2008. (2nd International Fireworks Display Competition for the 2008 San Mateo Festival).
The proposals should include the following documents:
a) Participation application letter, clearly stating the company’s complete conformity with the bases described herein.
b) Credentials showing that the company holds the proper government authorisation for engaging in this type of activity.
c) A dossier about the competing company that contains as much information as possible concerning the company’s history and trajectory.
d) A descriptive report on the technical and artistic aspects of the show that the applicant plans to present in this competition. Said report should describe the different parts of the show, with its effects, along with details sufficient for the decision to accept the proposal. Required details include:
- The net weight of explosives used in the fireworks artefacts comprising the show.
- The net weight of explosives for each artefacts group that makes up a single entertainment effect, and of the units comprising this group.
- Date, homologation and cataloguing number, and manufacturer of each of the artefacts to be fired.
- Planned time in seconds for the execution and entertainment effects for each section or single group effect.
- The start-up sequence between sections, and the order to be followed in presenting each section.
- Maximum admitted calibre is 250 mm. diameter.
- A certification issued by the pyrotechnics company, showing the elements and characteristics of the artefacts to be launched, the net weight of the explosives in the fireworks material to be launched, along with the names of the person responsible and pyrotechnic operators who will be presenting the display.
- In case the company wins the prize at the 2nd international competition, it should also include a descriptive report, complete with technical and artistic aspects as well as the different display stages, for the show the applicant would present at the San Bernabé festival, for the amount of €12,000, including VAT.
e) A certified photocopy of the company’s articles of incorporation, or a validated document certifying the legal character or status of the pyrotechnic company.
f) A certification of employee insurance assigned to the firing of pyrotechnic devices (e.g.: copy of the TC1)
g) A certified copy of the insurance policy issued by the pyrotechnic company’s Insurance Company for covering any risk associated with its fireworks activity. Said policy must include at least €600,000 in general civil liability coverage, €600,000 in employer’s liability insurance, including bond, civil and penal defence, with a €150,000 sub-limit per victim, and with a maximum excess clause of €300. If the pyrotechnic company is located outside of Spain, the abovementioned policy must have international coverage, and fully comply with current Spanish regulations.
h) All documents related to the handling and use of pyrotechnic products in fireworks displays, as those required by an order of 20 October, 1988 of the Ministry of Court Relations, and by the Secretary of State, as well as those required by an order of 2 March, 1989 revising the abovementioned regulation. A sworn affidavit certifying the above shall be attached. This affidavit shall follow the model contained in Appendix I of these bases.
i) Tax identification card of the pyrotechnics company, or similar document from the home country of foreign companies.
j) Companies located outside of Spain must provide a document certifying that they consent to the following: that the fireworks display in Logroño shall be prepared, set up and fired under the supervision of a Spanish company. This shall imply the presence of said company in the pyrotechnics firing zone (according to the model found in Appendix II).
k) A document certifying which main firing system the participating company will use, as well as the primary alternative system.
l) A sworn affidavit certifying that the company is for no reason unable to enter into this contract.
m) A sworn affidavit certifying that the company has fully complied with its tax and social security payments, as well as with its safety, health and occupational hazard prevention responsibilities.
5. PLACE AND DEADLINE FOR SUBMITTING PROJECTS
All proposals shall be presented at the Logroño City Hall, General Secretary Administrative Unit (Ayuntamiento de Logroño, Unidad Administrativa de Secretaría General, 26071-LOGROÑO, Spain), or by means of the procedures shown in article 80 of the General Public Contract Law, before 2:00 p.m. on 9 May, 2008.
6. REMUNERATION FOR SELECTED COMPANIES
Companies selected to participate shall receive €19,000.00, VAT included for each group of fireworks, upon reception of an invoice.
All expenses for transportation, supervision of fireworks material during set-up, as well as lodging in Logroño for the pyrotechnics staff shall be assumed by the selected company. The City Council shall assume the supervision of the firing zone for two hours in the morning and two in the afternoon for meals.
For foreign companies, any customs tariffs or other import fees shall be assumed by that foreign company.
The City Council shall set up a safety zone around the set-up area. The selected company shall not leave the firing zone from the time that the fireworks material is in that zone until after said material has been set-off. The company shall have the responsibility of gathering up any unfired artefacts, as well as taking away any product or remains that could deflagrate or explode, along with any other remains. The company shall leave the zone and area completely clean and free of any remains from the fired artefacts. The company shall not transport or handle this material in places where people other than company employees may approach.
Environmental Services shall review and clean up the firing zone perimeter area shown on the map after the display, before re-opening said zone to the public.
The City Council shall provide the fences, marking ribbon and sand bags needed in each case.
Before 8:30 a.m., a Civil Protection expert shall mark off the firing and safety zones. He/she shall also supervise the set-up (mortars, racks, ..) and safety of the collections.
7. GUARANTEE
The selected companies must present a definitive guarantee amounting to 4% of the remuneration amount.
8. PRODUCT AND PROPOSAL EVALUATIONS
The Technical Committee selecting the companies shall be made up of the following members:
1. The Competition Technical Advisor.
2. The person in charge of supervising the firing of the pyrotechnic materials.
3. The Civil Protection expert.
4. The Festival Manager.
5. The City Promotion manager, who will act as Secretary.
Said Committee shall evaluate the presented proposals in accordance with the criteria described below. The selected proposals shall be forwarded to the contracting body, and all applicant companies shall be notified of the decision.
Evaluation criteria: -Work project up to 8 points.
-Firing systems up to 2 points.
The “Work Project” section shall evaluate the characteristics, effects and details of the collection to be fired, along with the assembly model and distribution of same.
9. PRIZES
The selected companies for the 2nd International Fireworks Display Competition at the 2008 San Mateo Festival will compete for two prizes:
1. A prize consisting of a Trophy and €6,000.00, and the opportunity to launch the collection at the San Bernabé Festival the following year (1 day for a total amount of €12,000.00, tax included), to the company most highly rated by the panel of judges.
2. A prize consisting of €3,000 to the collection most highly rated by the viewing audience.
10. PREROGATIVES OF THE ADMINISTRATION
Within the limits, and subject to the requirements and effects noted in the Contract Law, the contracting body maintains the prerogative of interpreting the public contracts, resolving any doubts as to compliance, modifying the contracts for reasons of the public interest, agreeing to their resolution and determining the effects of such changes.
11. CONDITIONS OF EXECUTION
The selected company shall assume the risk of execution of this contract, including any claims for damages caused to the Logroño City Council or third parties arising from said execution.
Should the display not be fired due to weather or other such conditions as noted in the applicable law, and the show has been completely set-up, the organization shall pay the participating company 50% of the stipulated price. All material shall remain the property of the participating company.
If the conditions behind the suspension do not allow for assembly of the collection, the organization shall pay the participating company 20% of the price stipulated for the display, in order to cover transportation of materials, employees, etc.
Should the duration of the display be less than the stipulated period, or if the pace be too slow, the organization may deduct from the pyrotechnics company invoice an amount corresponding to the difference between the actual time of the display and the sixteen-minute minimum required by the competition.
12.CONTRACT COMPLIANCE
Should the contractor either totally or partially not comply with the obligations arising from this contract, the Logroño City Council reserves the right to demand compliance or to declare the contract annulled, with payment of damages and consequences as determined by applicable law.
13.CAUSES FOR ANNULMENT
Causes for annulment, in addition to those established in article 111 of the TRLCAP (Consolidated Text of the Law on Public Contracts), include the following:
- The annulment, for reasons imputable to the government body, of the initiation of the contract within a period of more than six months from the date established in same for its commencement, except where a shorter period is indicated in the bases.
- The discontinuance or annulment of the contract within a period of over one year agreed upon with the government body, except where a shorter period is indicated in the bases.
- Any changes in the contract, although successive, that imply either separately or together, any alteration in the contract price for an amount of over twenty percent of the original price, VAT excluded, or that represent a substantial alteration of same.
Logroño, 11 March, 2008
HEAD OF PURCHASING FESTIVAL MANAGER
Signed: Luis Felipe Suárez Jorcano Signed: Elvira Marín Mazo
APPENDIX I
Sworn affidavit of strict compliance with the Order of 20 October, 1988 (B.O.E. no. 260) of the Ministry of Court Relations, and by the Secretary of State, as well as those required by an order of 2 March, 1989 revising the abovementioned regulation.
Mr./Ms.______, with National Identity or Passport no. ______in the capacity of ______of PYROTECHNICS COMPANY ______with company headquarters at ______and with Tax Identification No. ______