Public procurement reforms

March 25th, 2021

The National Public Procurement Service with Resolution No. RE-SERCOP-2021-0114, amended Resolution No. RE-SERCOP-2016-0000072, of the Codification of Resolutions, by means of which it introduces rules relating to:

Submission of tenders with electronic signature

  • Not sumilladas or foliated.

Linked offers

  • The Organic Law Reforming the COIP on Anticorruption Matters will be approved.

Claims and complaints

  • A contracting entity may not award or conclude the contract until the control action has been completed.
  • The interested party must inform the contracting entity of the initiation of the claim.

Procedure of Small Amount

budget:

  • Budget equal to or less than 0.0000002 of the Initial State Budget (PIE) (less than USD 6,416.07) in the year.
  • They shall not be used as a means of circumvention of contractual procedures.
  • The provider does not need ORs.
  • It may or may not be in the PAC.
  • It does not apply to consulting.

GOODS AND SERVICES:

  • Standardized and non-standardized goods and services.
  • That they do not appear in the Electronic Catalog and Inclusive Dynamic Catalog.
  • Minimum consolidated or separate, in one or more purchases, may not exceed the annual amount.

LOCAL PROVIDER:

  • Purchases in foreign virtual stores or by Courier, by Higher Education Institutions, must have verification of non-existence of production and national supply.
  • Execution of repair work, renovation, adaptation, construction maintenance, less than the annual budget.

It may exceed the annual sum in contracting of the small amount:

  • Food and beverages intended for human and animal food, from civilian, police or military units, located in rural or border districts.
  • Purchase of fuels in operations of the entity, whose monthly amount may not exceed the coefficient of 0.0000002 of the PIE.
  • Acquisition of spare parts or accessories,provided that for reasons of opportunity it is not possible to use.

Procurement of drugs in electronic reverse auction:

  1. In the case of drugs, other strategic goods in health or other goods other than drugs may not be included in the procurement.
  2. It may be contracted for individual, fully identifiable and independent items
  3. Drugs of the same active ingredient, with different concentrations and pharmaceutical forms, may be grouped together;
  4. Drugs may be grouped by therapeutic group.

In the cases provided for in subparagraphs c and d, drugs with a single supplier with a health registration in force in the country shall be excluded from the group.

Acquisition of strategic health goods by electronic reverse auction:

  1. The additional contracting of drugs may not be included in the same procedure.
  2. Medical devices that are not on the list of strategic health goods will not be covered by the regulations of this Transitional Provision, nor of Chapter II of Title VIII.
  3. It may be contracted for individual, fully identifiable and independent items.
  4. Strategic health assets may be grouped whose first five digits of the Single Medical Device Code – CUDIM – (ECRI Code) are the same.
  5. It can be grouped by specialty according to the Portfolio of Services.
  6. Exceptionally, strategic health goods that are of transversal or common use in several specialties may be grouped, provided that the market study shows that there is an optimization of public spending, without affecting the principle of concurrence.
  7. It will be possible to group the strategic goods in health that are with technological support, or at the same time that there is compatibility with the equipment of the entity.

To learn more, do not hesitate to contact us.  

AUTHOR

AVL Abogados

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