On September 5, 2015, Royal Decree 773/2015, of August 28, was published in the BOE, which modifies certain precepts of the General Regulations of the Law on Public Administration Contracts, approved by the Royal Decree 1098/2001, of October 12.
In summary, by means of this Royal Decree, the entry into force of which, on November 5, 2015, will also entail that of Articles 65.1, 75 to 78 and 79 bis of the Consolidated Text of the Law on Public Sector Contracts, to the wording given by Law 25/2013, of December 27, on the promotion of electronic invoicing and creation of the accounting register of invoices in the public sector, the mandatory business classification in service contracts is eliminated, which goes to be an optional means of creditworthiness for the service contracts listed in Annex II; business classification categories are modified and classification subgroups are reduced in service contracts; the period for proving experience is extended, from 5 to 10 years for works contracts and from 3 to 5 years for service contracts; the solvency to be required in the different types of contracts is determined, in the absence of its establishment in the respective specifications, as well as the means for its accreditation; and the possibility of exemption from the requirement to certify economic and financial and technical or professional solvency is introduced for works and service contracts whose estimated value does not exceed €80.000 and €35.000, respectively .
With regard to the transitional regime of the modification, in accordance with DT 1a of the Royal Decree, the procurement files initiated (published or, in the case of negotiated procedures, the specifications approved) before its entry into force, will be governed by the previous regulations. On the other hand, in accordance with DT 4a, the classifications granted in accordance with the previous regulation will lose their validity and effectiveness on January 1, 2020, the date until which the justification for maintaining economic and financial solvency and technical or professional of the companies that obtained the business classification prior to the entry into force of this Royal Decree 773/2015 will be governed by the previous regulations; and the review of the classifications of files that begin after the entry into force of this Royal Decree 773/2015 will be governed by the provisions in force on the date of the start of the file, except for procedures initiated from office in which the maintenance of solvency is verified. Finally, in accordance with DT 5a, the provisions of this Royal Decree 773/2015 will apply to the new classification files from the approval and publication by the Consultative Board of Administrative Contracting of the State of the new application forms.
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You will find the text of the decree published in the BOE by accessing the following enllaç.
