The suspension of contracts processed by electronic means is lifted

On May 6, 2020, the Royal Decree-Law 17/2020, of 5 May, which approves measures to support the cultural and tax sector to address the economic and social impact of COVID-2019.

This Royal Decree-Law establishes, among other issues, thelifting of the suspension of contracts that are processed by electronic means at your additional disposal eighth «Continuation and start of procurement procedures held by public sector entities during the state of alarm" establishing the following:

"For the purposes provided for in section 4 of the third additional provision of Royal Decree 463/2020, of March 14, which declares a state of alarm for the management of the health crisis situation caused by COVID-19, from the entry into force of this Royal Decree-Law, it is agreed to lift the suspension of the terms and interruption of the deadlines of the procurement procedures promoted by entities belonging to the Public Sector, in the sense defined in article 3 of Law 9/2017, of November 8, on Public Sector Contracts, which transposes Directives 2014/23/EU and 2014/24/EU of the European Parliament and of the Council, of February 26, 2014, into Spanish law, provided that their processing is carried out by electronic means.

The provisions of the previous paragraph will also allow the start of new procurement procedures whose processing is also carried out by electronic means. This measure will extend to the special resources that are appropriate in both cases.

It is also important to highlight this provision that, with regard to compensation for suspended contracts, Article 34 of Royal Decree-Law 8/2020, of 17 March, on extraordinary urgent measures to deal with the impact, is amended. economic and social development of COVID-19, to complete and clarify it.

With regard to successive service and supply contracts that have been suspended in accordance with the provisions of the Royal Decree-Law, the possibility is required that the contracting authority may make advances on account of the estimated amount of compensation that corresponds to the contractor and it is added that a guarantee may be requested if deemed appropriate.

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