The new General Law on State Contracting—2024 (Law No. 32069), enacted on June 24, establishes a regulatory framework to guarantee the timely procurement of goods, services, and works, regulating the actors’ participation in the public procurement process within the National Supply System. In addition, it seeks to maximize the use of public resources in State contracting, ensuring effectiveness, efficiency, and economy, with the objective of timely compliance with public purposes and improving the living conditions of citizens.
This Law includes essential measures that will streamline processes. For example, it includes standardized engineering and construction contracts at the international level, which will facilitate work execution and avoid paralysis. In addition, project management is simplified, and the role of the Dispute Prevention and Resolution Board is strengthened with a more preventive approach.
But that is not all. The new Law establishes new procurement mechanisms, such as public procurement for innovation and centralized purchasing, which will undoubtedly result in a more strategic use of resources. It also contemplates specific tools for the prevention and timely response to emergencies, including rehabilitation and reconstruction in the event of disasters.
Other important resources to consider are the National Registry of Suppliers (RNP), the Electronic System of State Contracting (SEACE), and the Electronic Catalogs. These systems provide valuable information on public procurement processes, registered suppliers, and available bids. Familiarity with these channels is crucial for effectively navigating the state procurement landscape.
The RNP, for example, is the official registry where suppliers must register to participate in public procurement processes. Consulting this registry will help you determine who meets the necessary requirements. On the other hand, the SEACE is the digital platform that centralizes all information on contracting procedures. Here, you can access calls for tenders, terms and conditions, results, and other relevant details.
Finally, the Electronic Catalogs are tools that gather the offers of goods and services that the State has standardized and previously approved. Using these catalogs can streamline your procurement processes and ensure compliance with regulations.
The main requirements to become a government supplier are:
– To be registered in the National Registry of Suppliers (RNP) according to the requirements and conditions established in the regulations.
– Not to be subject to any impediment to contract with the State.
– Maintain the information registered in the RNP up to date, under penalty of temporary suspension of registration.
– For the execution of works, priority is given to evaluating the supplier’s technical capacity.
– The regulation establishes performance measurement tools for registered suppliers and incentivizes the best-qualified ones.
– Equal treatment between domestic and foreign suppliers in registration and performance measurement is guaranteed.
– Suppliers participating in contracting processes must sign the integrity pact established in the regulations.
Selection procedures
Procuring entities carry out competitive selection procedures, such as public bidding for goods and works and public bidding for services, to cover their procurement needs in accordance with the applicable principles and regulations. In addition, the regulations establish abbreviated and differentiated modalities to adapt to the specific characteristics of the contractual objects. Exceptions to competitive selection procedures are stipulated in the Law.
The regulations also establish the conditions for procurements subject to non-competitive selection procedures (direct contracts) in emergencies. These shortages prevent the operation of the contracting entity, sole supplier, or very personal services of natural persons, among other cases specified by Law.
Direct contracting may be approved by the administrative management authority or the head of the entity, as established in the regulations. If the approval is by the administrative management authority, this power cannot be delegated. The rules establish the conditions for configuring the requirements and formalities of the direct contracting assumptions and for approving the non-competitive selection procedure.
Declaration of no bids and cancellation
A selection procedure is declared void when no bid is validated. The regulations establish the procedure to be followed after this declaration. Additionally, the contracting entity may cancel the selection procedure at any time prior to the award for reasons of force majeure, fortuitous events, when the need to contract disappears, or when the budget must be used for other emergency purposes. The entity notifies the reasons for the cancellation through Pladicop and does not incur any liability for it.
The new Law No. 32069 will take effect 90 days after its regulations are published. However, such regulations must be approved within 180 days of the Law’s publication.