In El Salvador, a new Public Procurement Law has been in force since March 10, after being published in the Official Gazette on March 2.
Current public procurement will be governed by the repealed Administrative Procurement and Contracts Act (Lacap) until its conclusion, but agencies will adapt from the 2024 Budget Bill.
The new National Directorate General of Public Procurement (Dinac) will gradually develop the “technical implementation” of the purchasing process, the new National Supplier Single Register (RUPE), electronic auctions and information to be registered and published.
Side note: Will they be published?
The new Procurement Law mandates the publication of requests for the purchase process, along with contract amounts, along with requests and annexes, appeals files and evaluations, in El Salvador’s electronic system of public procurement (Comprasal). Down from the weekend.
Comprasal will have an electronic monitoring and follow-up portal, managed by Dinac, that will “automate” the purchasing process across the state.
According to the law, information on planning, calling, selection, process results, contracting, monitoring and liquidation of “all special contractual methods and procedures” must be “registered and published”.
Each public authority should be responsible for integrating information into its systems. However, the law indicates that Dinac can “authorize special procedures to institutions and establish acts that must be registered and published with Comprasal.” The regulations do not detail the criteria by which Dinac decides which actions will or will not be registered and published on the Site.
The new law allows state agencies to contract directly for goods and services once the tender has been declared void. As a result of the President’s opinion, the terms of the two declarations of nullity were reduced, making way for a direct contract.
The Public Procurement Act does not apply to strategic public works projects as defined by the Council of Ministers and to all contracts executed by the Department of Local Government Works (DOM).
It also opens up the possibilities for direct contracts: expansion of unfinished work, shortages, urgency, acquisition of weapons, standardization of software, termination of contracts.
public procurement law
1.- Overrides Other Laws
Laws are of a special nature and take precedence over other laws to the contrary. The President of the Republic issues regulations.
2.- Public Procurement Department
An agency requires a Public Procurement Unit (UCP), which local governments can “link” to create.
3.- Comprasal and Observatory
The Director General of the National Public Procurement Directorate (Dinac) is appointed by the President to manage the electronic public procurement system “Comprasal”, its own registry of national suppliers and monitor the Observatory of Public Procurement (OCP).
4.- Extension: 2 times
Section 159 allows extension of the contract “only once for a period equal to or less than the originally agreed period” and, exceptionally, for “additional periods” if permitted by the “competent authority”. I admit Extensions may also apply to consulting agreements.
5.- MODIFICATIONS TO THE ORIGINAL CONTRACT
Section 158 states that the amount of the contract cannot be changed by more than 20% of the original amount, with an exception: if it affects the public interest. At the request of the Contracting Authority, an extension of the delivery date may be made for reasons not attributable to the Contractor.
6.- Concession process
It can be public works, public services, or natural resources and subsoil. It will be done by tender, by public or private initiative, and requires a feasibility resolution within six months. Bids are then made and the proposer has the right to be granted a concession or refund of the invoice. In case of non-compliance, the state can intervene in services until the situation is resolved or the contract is cancelled.
7.- Court of Appeal
The law creates the Court of Appeals for Public Procurement (Tacop), composed of four members appointed by the executive. No other complaints will be accepted.
Source: Diario Elmundo