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PUBLIC PROCUREMENT LAW
[/vc_column_text][us_separator][vc_column_text] Last January 2023, the Legislative Assembly approved the PUBLIC PROCUREMENT LAW, which will come into force eight days after its publication in the Official Gazette. With a total of 195 articles, the rules that will regulate the acquisitions and contracts of works, goods and services are set forth, when the institutions of the Public Administration intervene to fulfill their purposes, as well as the processes stated in the same Law. As a first point and in relation to the aspects to be considered, is that, through this new regulatory body, issues such as the agility of processes, the use of new technologies have been modernized and, consequently, it has been precisely the bureaucracy that has been reduced, as provided for in Art. 30 of this Law. On the other hand, special procedures for the selection of contractors are incorporated, among these we must mention online purchases; electronic catalog derived from a framework agreement; and the electronic reverse auction. Likewise, this new Law implements the submission of electronic verifications, replacing the submission of physical documents. Furthermore, the contracting period and the deadline for appeals have been reduced. Regarding new developments, we must also mention the creation of the National Public Procurement System (SINAC), comprised of the National Directorate of Public Procurement (DINAC) and the other units established in Article 6 of the same Law, including the Institutional Procurement Unit (UCP), which will replace the UACI, according to Article 8 of the new regulatory framework. Likewise, the establishment of the National Registry of Public Administration Procurement and Contracting, which will serve as an element of COMPRASAL, which, incidentally, will be administered by DINAC (mandatory use, according to Article 10 of the Law; where information on government contracts and acquisitions will be recorded, in addition, it will allow the exchange of information in real time and will automate and manage the contracting processes for works, goods and services). It contains the Single Registry of State Suppliers; Registry of Sanctions; Process information and everything related to public procurement, making it easier to understand the market for bidders and the opportunity for their participation.Special Rules for Micro, Small and Medium-Sized Enterprises.According to Article 31, it will be a priority to evaluate bids for products manufactured within the country; also, to acquire or contract with national companies, at least 25% of their annual budget allocated for the procurement of goods and services, depending on their type, as long as their quality is guaranteed. Likewise, efforts will be made to contract with national, regional, and local companies located in the area where these contracts and acquisitions are made; Furthermore, efforts will be made to ensure that at least 10% of the budget allocated for these purposes is with companies owned, majority-owned, or legally represented by women. Furthermore, the Law we are now analyzing establishes that tools will be used to establish control and audit measures. In this regard, oversight bodies and the use of external audits are introduced for the sake of transparency, controls, and sanctions.New recruitment methodsThis new law incorporates a series of contractors who operate only in contracts for works, goods, and services that do not involve consulting, including:
- Competitive Bidding;
- Price comparison;
- Direct Contracting;
- Low amount – no appeal allowed.
For its part, the collegiate body endowed with functional and technical autonomy from DINAC will be the Public Procurement Appeals Tribunal (TACOP), which is also created by this new Law. Furthermore, we must take into consideration the mandatory anti-bribery and official compliance certification for all public institutions with international credibility. This will ultimately allow for the prevention, detection, and response to potential bribery.Deadlines for evaluating offersThe evaluation of bids for Competitive Bidding and Consulting Services will be conducted within a maximum of 15 business days, starting the day after the bids are received. Price comparisons, direct contracting, and electronic reverse auctions will be conducted within a maximum of 8 business days. [/vc_column_text][us_separator][vc_column_text]Written by: Lic. Valeria García [/vc_column_text][/vc_column][/vc_row]
