Actual decree-law 17/2020
Of 5 May, through which support measures are approved to the cultural sector and of tax character to address the economic impact and social of the COVID-2019
It is necessary to guarantee the survival of the cultural structures, and of the workers and companies that are dedicated to that sector; for thus to make the access right to the culture. To that aim answers the present willingness, approving a series of support measures to the cultural sector to address the situation derived from the COVID-2019.
We emphasise for its interest following aspects with regard to public sector contracts:
Continuation and beginning of procedures of contracting celebrated for companies of the Public Sector during the validity of the state of emergency (Additional condition octave)
- It remembers the uprising of the terms' suspension and interruption of the terms of procedures of promoted contracting for companies belonging to the Public Sector (article 3 of the Act 9/2017, of 8 November, of Public sector contracts), as long as its procedure is made for electronic media.
- It will afford the beginning of new contracting procedures whose procedure also is carried out for electronic media.
- This measure will be spread to appropriate special resources in both cases
Modification of the Act 9/2017, of 8 November, of Public sector contracts through which are surpassed to the Spanish legal system the Directives of the European Parliament and of the Board 2014/23/EU, of 26 February 2014 (Final disposition octave)
New draft is given to sections 2 and 3 of the article 33 (Errands of companies belonging to the public sector that they do not have the consideration of contracting authority to personified own means) of the LCSP:
«2. They will have the consideration of own middle personified with regard to a company belonging to the Public Sector that it does not have the consideration of contracting authority, those legal persons, of public law or private law, that they fulfill each and every one of following requirements:
a) That the entity that does the errand holds control, direct or indirect, in the meaning of the article 32.2.a), first and second paragraphs of this Act, on the entity recipient of the same.
b) That all the share capital or heritage of the entity recipient of the errand is of public ownership.
c) That more than 80 per cent of activities of the entity recipient of the errand are carried out in the exercise of missions that they have been him trusted by the company that it carries out the errand and that it controls or for other controlled legal persons in the same way for the company that it carries out the errand.
The effective fulfillment of the requirement established in the present letter should be reflected in the member Report of the Annual Accounts of the recipient entity of the errand and, as a result, be object of verification by the auditor of accounts in the performance of these annual accounts' audit in accordance with the regulatory regulations of the activity of account audit.
- The section 2 of the present article also will be applied in the cases in which a company of the state Public Sector carries out an errand to another of the same sector, provided that the company that carries out the errand and that which receives it are controlled, direct or indirectly, for the same company of the above-mentioned sector and, also, all the share capital or heritage of the company recipient of the errand is of public ownership. In this supposition, the requirement of the section 2.c) previous, whose accreditation should reflect in the willing way in him, compliment will be understood for reference to the collection of activities that are done in the exercise of missions that they have been him trusted by the company that it carries out the errand, for the company that it controls direct or indirectly so much to the company that carries out the errand as to that which it receives, as well as for any other company also controlled direct or indirectly for the previous one. In such cases, the compensation to be received for the company that receives the errand should be approved by the public company that it controls to the company that carries out the errand and to that which it receives, owing adapt this compensation and the other conditions from the errand to the generals of the market in such a way that the free responsibility is not distorted. The possibility that establishes the previous paragraph also will be able to be used by Autonomous Communities and Autonomous Cities within each its respective public sectors.»
Modification of the article 34 (Measures with regard to government procurement to alleviate consequences of the COVID-19) of the Actual one decree-law 8/2020, of 17 March, of extraordinary urgent measures to address the economic impact and social of the COVID-19 (Final disposition ninth)
Following modifications they have effects from the coming into force of the Actual one decree-law 8/2020, of 17 March.
- A final paragraph is added to the section 1 of the article 34:
a) «In the service agreements and of successive provision supplies that they have been suspended in accordance with it considered in this section, the body of contracting will be able to grant to application form of the contractor an advance to account of the amount estimated of the indemnity that it corresponds. The deposit of the advance will be able to carry out in a single payment or through periodic payments. Subsequently, the early amount will be discounted of the settlement of the contract. The body of contracting will be able to demand to make the advance that the same one is ensured through any of ways of guarantee considered in the Act 9/2017, of 8 November, of Public sector contracts.».
b) the latest paragraph of the section Is modified 4 of the article 34:
«The application of the willing thing in this section only will proceed when the body of contracting, to application form of the contractor, would have appreciated the impossibility of execution of the contract as a result of the described situation in its first paragraph and only with regard to the part of the contract affected by this impossibility.»
c) a final paragraph Is added to the section 7 of the article 34:
«Additionally will have the consideration of “public” contracts contracts of works, service agreements or consultancies and assistances that they are complementary a contract from main works and necessary to the correct performance of the provision, as well as contracts of granting, are already of works or services, included contracts of public service management; celebrated for the companies belonging to the Public Sector in the defined meaning in the article 3 of the Act 9/2017, of 8 November; provided that they are in force to the coming into force of this law royal decree and anyone that it is the regulations of government procurement to that which are subjects according to the document. In these contracts, will not result from application to the suspensions to that it adverts the present article, in addition to special provisions in its sections 1 and 3, the stated in articles regarding indemnities for suspensions of contracts in the regulations of government procurement prior to the Legislative Royal Decree 3/2011, of 14 November, that it is applicable to the same, nor those indemnities for suspension considered in documents of contracts in the field of the regulations of government procurement in the sectors of the water, the energy, transportations and postal services.»
Vigor: 7 May 2020.
Download the Actual one decree-law 16/2020