Contracts with Suppliers

The Compañía Española de Seguros de Crédito a la Exportación, S.A. Cía de Seguros y Reaseguros, (SME) (hereinafter, Cesce) is a state-owned enterprise, founded in 1971, 50.25% of whose share capital belongs to the Spanish State, which acts as a Managing Agent on behalf of the State to cover the risks of internationalisation, according to Law 8/2014, of 22 April, on State-backed cover of the risks of internationalisation of the Spanish economy, and to cover the de facto or de jure insolvency risks within the framework of the contracts signed by electricity-intensive consumers for the medium- and long-term purchase of electrical power, according to Royal decree Law 24/2020 of 26 June.  

Cesce is part of the State Institutional Public Sector according to articles 84 and 111 of Law 40/2015, on the Public Sector Legal Regime, such that the contracts the Company signs are private contract, albeit its contract system will be in accordance with the Contracting Rules, and, alternatively, where applicable due to its status as an entity that is a “Non-awarding authority” according to its private legal nature, and commercial character according to articles 3, 321 and 322 of (the LCSP) Law 9/2017, of 8 November, on Public Sector Contract, transposing to the Spanish legal system the Directives of the European Parliament and of the Council 2014/23/EU and 2014/24/EU, of 26 February 2014, and in Instruction no. 3/2018, of 6 March, on the Government Legal Service - Directorate of State Legal Services about “contracting of Public sector bodies that are not awarding authorities”.

Given that:

• The majority of its capital is public.
• Its commercial activity is of general interest, being as it is an instrument for offering technical assistance, cooperation, promotion and fostering of exporting on behalf of the Spanish State.
• It is subject to public control.

The Company has established, on the aforementioned legal basis, Internal instructions with a general and objective contract awarding procedure, which respects and is in accordance with the following principles set out in article 321 of the law LCSP:
:

• The principle of open competition, the purpose of which is to ensure that all interested persons can participate in the contract award procedure, by submitting a bid or proposal.
• The principle of publicity, which requires that knowledge of the launch of a contracting procedure must reach a sufficient number of potentially interested parties. The call for tenders shall preferably be published on the Public Sector Procurement Platform, and may also be published on the Company’s website, in the OJEU, the OSG and in national or local newspapers or publications, depending upon the type and scope of the contracts.
• The principle of confidentiality, which is set out in article 133 of the LCSP in its dual aspect as the Contracting Body and confidentiality of the contractor, and guarantees that the award will apply the criteria of utmost discretion and prudence without the required publicity undermining the interests of the awardee. The information provided by the businesspeople that they have designated as confidential when the tenders are submitted may not be disseminated. The contractor’s duty of confidentiality extends to the information to which it has access due to the execution of the contract that had been processed as described in the specifications or in the contract or which by its nature must be treated as such. This duty shall persist for five years as from when this information becomes knowing, except where the specifications set out a longer period. The confidentiality of the information and data that make up the Company’s business must, likewise, be kept, and business secrets respected in the contracting and advertising.

Other principles are applied in addition to these, such as transparency, equal treatment and non-discrimination, all in accordance with the provisions regarding the obligations of entities classified as “Non-awarding authorities” in the LCSP and the applicable rules and principles derived from Law 19/2013, of 9 December, on Transparency, Access to Public Information and Good Governance.

Relevant information about the Company’s procurement is constantly updated on the Company’s website, through the Public Sector Procurement Platform.

According to article 321.2. of the LCSP and in virtue of Instruction no. 3/2018 of 6 March of the Government Legal Office - Directorate of State Legal Services on “contracting of Public sector bodies that are not awarding authorities,” the application of these Internal Instructions shall be optional; the Company may, so long as it is adequately explained in the Procurement File and authorised by the Company's Executive Committee, proceed with the procurement without applying the Instructions, at all times the foregoing principles and the rules set out in the aforementioned article 321.2.

In order to ensure transparency in drawing up, executing and enforcing contracts and public access to information and notwithstanding other means of publicity that may be used voluntarily, the Company is disseminating its Contractor profile on the State Procurement Platform and through appropriate links on:

1. The Company’s website.
2. The contracting advertising announcements it may make and in awarding them.
3. Access through public insurance distribution records.

The Profile’s Contact Points are:

Internal Procedural Instructions Applicable to the Awarding of Contracts.

Cesce publishes the Internal procurement instructions on this website.