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Informa D&B, S.A.U. (S.M.E.) Profile

Awarding procedures and ways

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:

  • Its capital is mainly public.
  • It is subject to public control.

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:

  • The competition principle, which aims to ensure that all persons interested can participate in the awarding process of a contract by submitting an offer or proposal.
  • The publicity principle that requires that it is made available to a sufficient number of possible parties interested in the call for the awarding procedure. The public tender announcement will be preferably published in the Public Sector Contracting Platform, but it can also be published in the Company's website, the Official Journal of the European Union, the Official State Gazette (BOE) and in newspapers or national or local publications, depending on the typology and scope of the contracts.
  • The confidentiality principle, which is specified in article 133 of the LCSP law in the Contracting Body and Contractor Confidentiality sections, guarantees that the award applies higher discretion and prudence criteria with the required advertising not violating the interests of the successful bidder. The information provided by the companies that is labelled as “confidential” at the offers presentation will not be disclosed. The confidentiality obligation of the contractor is also applied to the information to which the contractor has access during the execution of the contract and that had been labelled as confidential in the specifications and conditions or the contract, or that must be treated as such due to its nature. This obligation will be kept for a period of five years, starting at the acknowledgement of this information, except in the case that the specifications and conditions establish a longer period.

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:

Internal rules for contracting

Applicable Internal Procedure Instructions for Contract Awarding. INFORMA uses this website to publish its Internal Rules for Contracting.

Contracting Instructions

Link to the national contracting platform (PLACE)