Steps following the award

What happens after the award?

 

We duly communicate with the awarded companies, local entities and/or selection plants.

The awarded companies will receive, with the award communication, a standard bank guarantee to be executed and subsequently they will receive the contract signed electronically.

In addition, we will publish on our website, through the electronic publication service of the Logalty company, the names of the awarded companies and their score, as well as, anonymously, the score of the other participating companies.

The companies approved can access more information through the Recycler Portal.

 

 

 

Guarantee

 

The awarded company will provide an economic guarantee in favour of Ecoembes, in the form of a bank guarantee, to comply with the obligations arising from the Contracts that are published on Ecoembes’ website.

The bank guarantee submitted by the awarded company to Ecoembes must be a bank guarantee issued in Spain, this is, the financial entity must have banking presence in Spain.

In case said awarded company cannot provide said guarantee in favour of Ecoembes, it may be replaced by a deposit guarantee for the same amount as the bank guarantee. This amount will be given to Ecoembes as a guarantee for the payments that arise from the contracts.

The nature of these deposits is to exclusively serve as guarantee in face of a possible breach on the awarded company’s side of the payment obligations with Ecoembes shown in the Contracts. In no case will they qualify as early payment for the delivery of goods or the provision of services in the future.

Ecoembes cannot take possession or use the amounts deposited as guarantee, except in case of breach by the awarded company of the payment obligations. In any case, Ecoembes should fully return the guarantee when the payments arising from the Contracts have been completed.

The amount of the bank or deposit guarantee will be equal to three months of the invoicing volume foreseen in the contract, unless the term is less than three months, in this case, the amount will be determined taking into consideration the whole term of the contract.

For contracts with a duration of more than three months, the estimated contract invoicing (taking as reference the price offered and the estimate of kilograms/award) will be divided into the number of months of the contract and will be multiplied by three.

In the case of PET and PEAD materials, the amount will be increase by the VAT in force at the time.

No bank guarantee will be requested when the amount calculated is below €500. In any case, the guarantee will be in force for four additional months from the date the contract is terminated.

The bank guarantee or the guarantee deposit must be received by Ecoembes within a maximum of 2 days before the contract start date. In case of awards after the termination of a contract or the annulment of an award, the deadline to receive the bank or deposit guarantee will be 20 calendar days from the date the award has been communicated. In the case of not receiving it on said deadlines, the award will be annulled, as provided in the call for offers document.

 

In case there is evidence of significant deviations in the expected tonnes and/or the award price (due to reviews), Ecoembes may review the amount of the bank guarantee or guarantee deposit and determine a new amount. This new amount will be informed to the awarded company to execute a new guarantee or guarantee deposit.

Changing / Annulling / Withdrawing of the offer

 

Once the offer is submitted and the period to receive offers is over (submission deadline), offers cannot be changed.

In case a bidding company requests the change/annulment/withdrawal of an offer in the period between the submission of offers and the date before the Award Committee, the offer will be annulled.

As a result of the change/annulment/withdrawal of an offer, its offers will not be admitted, neither for material from light packaging, nor for material from mass waste from the material for which the annulment/withdrawal of the offer was requested, for the next two quarterly calls for offers (or any other additional call in this period).

In case a bidding company requests the offer to be annulled or withdrawn, in the period between the date of the Awarding Committee (included) and the date the award is communicated, the offer will be annulled or withdrawn. Additional, if it becomes the awarded offer, an economic penalty will be applied as provided in the following section and a new call for offers will be launched.

Offers from said company will not be admitted, for material from light packaging nor for material from mass waste, until the penalty for the material waived has been paid. This measure will also be applied to the company authorised in case the offering company is a trader. This measure will not be applied to calls for offers for other materials other than those said companies may submit.

Penalty

 

Due to waiver or annulment of an award

 

In case an awarded company waives an award already communicated, or cannot execute the relevant guarantee (bank or deposit guarantee), following the Procedure established, a new call for offers will be launched.

In any of the cases, a penalty will be applied as compensation. The following table states the compensation set for each award waived.

 

These amounts may be reviewed before each call for offers and will be informed in each document for the call for offers.

Offers from said company will not be admitted, for material from light packaging nor for material from mass waste, until the penalty for the material waived has been paid. This measure will also be applied to the company authorised in case the offering company is a trader. This measure will not be applied to calls for offers for other materials other than those said companies may submit.

 

Due to termination of a contract

 

A penalty will be applied as compensation as provided in each call for offers document, both in the case the awarded company requests the termination and if a contract is terminated for any of the circumstances referred to in sections a, b, c, d, e, f and g in clause eight in the sample contracts.

 

Offers from said company will not be admitted, for material from light packaging nor for material from mass waste, until the penalty for the material waived has been paid. This measure will also be applied to the company authorised in case the offering company is a trader. This measure will not be applied to calls for offers for other materials other than those said companies may submit.

 

Penalty system for violation of Identification Documents

 

The awarded company must formalize an identification document that accompanies each transfer and, to this end, the Ecoembes award contracts include in the Third Clause, section 3.2, the obligations of the recoverers/recyclers in relation to the completion of said documents of ID.

 

In the case of detecting an infraction due to the non-formalization of the identification document, or due to its inadequate completion by the successful bidder companies, the following sanctioning regime has been established:

  • 1st Incident: Notice of the incident detected.
  • 2nd Incident: Financial penalty (10,000 euros). Non-admission of bids for material with incidence, both light packaging and mass waste, until the penalty is paid.
  • 3rd Incident: Financial penalty (20,000 euros). Non-admission of bids in the next call for material with an impact, both EELL and RSU. For subsequent calls, offers will not be accepted for material with an incidence, both for light packaging and for mass waste, until the penalty is paid.
  • 4th Incident: Termination of the affected contract(s) (Plant/Zone).
  • 5th Incident: Withdrawal of the homologation of the affected material for 6 months, and resolution of all affected contracts.

 

Incidents will be cumulative for each material, regardless of the contract they affect.