INFORMA D&B S.A.U. (S.M.E.) (Hereinafter, INFORMA) is a state-owned trading company created in 1992, entirely participated by La Compañía Española de Seguros de Crédito a la Exportación, S.A. Cía de Seguros y Reaseguros, (SME) (CESCE), whose social capital belongs to the Spanish Government in a 50.25%.
INFORMA is part of the National and Institutional Public Sector according to articles 84 and 111 of the Law 40/2015, under the Public Sector’s Legal System. Therefore, all contracts signed by the Company will be considered private contracts, even though its contracting system will meet these Contracting Rules in its condition as a “non-contracting authority”, according to its private legal nature and its mercantile activity, in accordance with articles 3, 321 and 322 of the Law 9/2017 (LCSP), of the 8th of November, about Public Sector Contracts, which enforce the European Parliament and Council Directives 2014/23/UE and 2014/24/UE (from the 26th of February 2014) into the Spanish Law, and Instruction nº 3/2018, from the 6th of March, by the General State Law - State Legal Activities Direction about “contracting public sector entities that are not considered contracting authorities”.
Taking into account that:
The Company has established some Internal Rules based on the mentioned legal basis with a general and objective procedure for contract awarding that respects the following principles specified in article 321 of the LCSP law:
In addition to these principles, others apply, such as transparency, equal treatment and non-discrimination, all of them according to the obligations of the entities qualified as “non-contracting authority” in the LCSP and the applicable rules and principles derived from Law 19/2013, of the 9th of December, about Transparency, Access to Public Information and Good Governance.
All relevant information of the Company about contracting is constantly updated in the website of the Company, through the Public Sector Contracting Platform.
According to article 321.2. of the LCSP and under Instruction nº 3/2018 of the 6th of March of the General State Law - State Legal Activities Direction about “contracting public sector entities that are not considered contracting authorities”, the application of these Internal Instructions will be optional. The Company will be able to proceed with contracting without applying the instructions but always respecting the principles mentioned before and the rules in article 321.2., as long as the Company justifies it properly in the Contracting Dossier, and the Company’s executive committee authorises it.
In order to ensure transparency on the contracting activity and public access to information and without detriment of other advertising media voluntarily decided, the Company is spreading its Contractor Profile in the National Contracting Platform and through the corresponding links in:
a) the website of the Company.
b) the contracting advertisements that it could eventually perform and the awarding thereof.
These are Profile Contact points:
Applicable Internal Procedure Instructions for Contract Awarding. INFORMA uses this website to publish its Internal Rules for Contracting.