The National Public Procurement Service – SERCOP, with the objective of promoting efficiency and transparency in public procurement procedures, through Resolution No. RE-SERCOP-2023-0134 published in the Official Registry Supplement 367 of August 3, 2023 , issued the Secondary Regulations of the National Public Procurement System (hereinafter, “Secondary Regulations”).

The Secondary Regulations of the National Public Procurement System complement and develop the provisions provided for in the Organic Law of the National Public Procurement System and its General Regulations of application, regulating various fundamental aspects of the public procurement system, with the purpose of ensuring the effectiveness and clarity in procedures.

Among the most notable and innovative aspects of the Secondary Regulations are:

1. Hours of operation:

Article 5 indicates the operating hours for public procurement procedures, establishing that the activities and procedures carried out by the contracting entities must be carried out between the first and last business day of the week, not including weekends and holidays. . It will have hours from 8:00 a.m. to 8:00 p.m., with the exception of the last business day of the week, which will have hours from 8:00 a.m. to 5:30 p.m.

Exceptions from this schedule will be contracts that have as their objective the organization and development of electoral processes, referendum processes, popular consultations, revocation of mandate or other similar, that are subject to regulations on electoral matters, as well as acquisitions abroad and emergency hiring.

2. Prohibition of withdrawing offers:

Article 42 makes it clear that, once an offer is submitted, it is prohibited to withdraw said offer or desist from participating in the public procurement process.

3. Proformas in Minimum Amounts:

Article 198 establishes that once the need for a small amount is published on the COMPASPÚBLICAS portal, the entity will have the power to continue with the process even if it has received only one proforma.

4. Special Regime for scientific research:

Pursuant to Article 294, universities, polytechnic schools, technical and technological institutes that belong to the public sector may use the special direct contracting regime to acquire services and goods related to responsible scientific research, pedagogical training and technological development. This is in accordance with the provisions of the Organic Code of the Social Economy of Knowledge, Creativity and Innovation, and its General Regulations.

5. Small Amount Exceptions:

Exceptions are expanded to carry out recurring processes of very small amounts.

6. Error validation:

• The casuistry for the validation of errors in offers is expressly established. Article 116 details the specific cases that will be understood as errors of form or of a valid nature, which will be, among others, the following:

• A certain condition may be clarified or expanded when it is considered incomplete, unclear or even contradictory with respect to other information within the same offer, including the information detailed in the forms;

• Any offer presented with a digitized handwritten signature, its annexes or certificates may be validated in those procedures in which SERCOP has established the obligation to use an electronic signature. Validation will consist of the offeror proceeding to sign their offer, its annexes or certificates with an electronic signature;

• That the documentary information for the verification of a fact, circumstance or condition has existed prior to the deadline for submitting the offers, provided that any of the documents presented with the offer contain the information that is requested to be validated.

The National Public Procurement Service will hold training sessions scheduled between August 8 and 14, in which suppliers, entities and citizens will be able to understand these new regulatory provisions within the field of public procurement.

The First Repealing Provision provides for the express repeal of the Codification and Update of Resolutions Issued by the National Public Procurement Service issued by External Resolution No. RESERCOP-2016-0000072 of August 31, 2016. The Secondary Regulations, in order to promote efficiency and transparency in processes, will come into effect in 5 days from the date of publication of the Resolution in the Official Registry; That is, it will be valid from Friday, August 11, 2023.

For more information contact:

Maria Rosa Fabara  | Partner Bustamante Fabara | mrfabara@bustamantefabara.com