The Legislative Assembly’s Economic Committee voted in favor of a new Public Procurement Act to replace the Administrative Procurement and Contracts Act (LACAP). The new law is expected to be approved at the plenary session this Wednesday.
Some of the changes include curtailing price maintenance guarantees on offers by firms to state agencies, establishing real-time processes, creating compliance officers, and new exemptions.
Among the new exemptions, it is established that the new purchase law does not apply when the state acquires or leases strategic projects of real estate, parametric insurance, memberships or public works.
For many businesses, especially micro and small businesses, establishing a supply maintenance guarantee is cumbersome. ” Mauro Jovel, Director, Procurement and Contract Regulation Unit, UNAC
It allows modification of the offer.
The bill would eliminate the need for bidders to submit bid maintenance guarantees, which are commitments to maintain the price of goods or services offered to the state.
For UNAC representatives, that means incentives for micro and small businesses.
Mauro Jovel, Director of Procurement and Contract Regulation (UNAC), said, “Suddenly, the officials, even if we had the temperament, decided that we would position ourselves in the most exquisite way. It’s going to be very secure,” he explained to the Economic Commission delegates. assembly.
The space for small entrepreneurs is not closed, but of course we are not fostering any form of corruption. ” Elisa Rosales, Representing New Ideas
family of civil servants.
Nationalist Republican Alliance (Arena) Deputy Rodrigo Avila said that the literal d in Article 25 refers to officials not included in the literal b, i.e. officials who manage the funds, directors, officials or their family members. said that It cannot be provided by the same institution. “You could interpret it that way,” asked Vice-President Avila. He proposed banning the offer “at all public institutions.”
The committee has deleted the audio of the meeting. Rep. Rodrigo Ayala, Rep. William Soriano, and Rep. Elisa Rosales spent a few minutes talking with techs to ban new letters a and b from participating in “any public institution.” I agree with the expression. However, item d remained the same.
Nuevas Ideas deputy Elisa Rosales said relatives of civil servants have the right to participate. “We are not talking about civil servants, we are talking about relatives of civil servants who are micro-entrepreneurs and who may have the right to participate in the buying process, but so to speak, their relatives working. Of course not at institutions that are doing it,” she expresses. “We are not promoting any form of corruption,” he added.
The law does not emphasize that officials can bid or establish absolute prohibitions. Arena representative Rodrigo Avila
“They try” to become MSMEs.
FMLN Deputy Anabel Veloso proposed that Article 31 would mandate a 25% quota for micro, small and medium enterprises (MSMEs) nationwide.
Although it is now mandatory, the new law stipulates that the public sector should “try” for 25%. Rodrigo Ayala, president of Nuevas Ideas, explained that there are other reforms that favor MSMEs, saying, “Time will tell.”
Public Procurement Act replaces Lacap
1.- What do you regulate?
It establishes the rules of the public purchasing cycle, from its planning, selection of contractors, and liquidation of works.
2.- Who does it apply to?
A natural or legal person who makes an offer or contract from the State and contracts with public funds.
3.- When does it not apply?
Strategic projects with funding from other states, banking services, energy, real estate, parametric insurance, memberships and public works.
4.- SINGLE REGISTRATION
The law establishes a Single Register of National Suppliers (RUPES), except for urgent, emergency or low-value purchases.
5.- Anti-Bribery Certification
Institutions are required to obtain anti-bribery regulation certification and accreditation in accordance with international standards.
6.- Compliance Officer
A compliance officer is required for institutions that are not required to obtain an anti-bribery certification.
Source: Diario Elmundo