Cristosal believes that both special and exception purchasing guidelines are unconstitutional and that purchasing by email limits transparency.
“The mechanism is not transparent and we are carrying out the contract process through email, which violates international conventions,” said Jonathan Sisko, an administrative attorney in Christosal’s anti-corruption and justice division. I’m here.
This guideline indicates that the Agency Acquisition Contracting Department (UACI) or requesting department may request bids or quotations by physical or electronic means and be notified of the results by such means.
Lawyers argued that it was an arbitrary process and that information that should have been made public cannot be accessed if the acquisition is done by email.
“They are unconstitutional because the procedures and purchasing mechanisms are unclear, arbitrary, and entirely dependent on governmental decisions,” Cisco said.
He pointed out that according to Article 234 of the Constitution, the law regulates the contracting mechanism and the general rule is open bidding.
They also criticize addendums that allow contract extensions.
“Here they just extend the contracts they have already signed. LACAP does not apply here and there are no prohibitions. It benefits funders,” he said.
Last year, the organization filed an unconstitutional appeal against this special purchase scheme within the framework of the Exceptions Scheme.
Source: Diario Elmundo