Key Benefits:
SUMMARY:
Pags.
LEGISLATIVE FUNCTION
LAW:
NATIONAL ASSEMBLY:
-Expose the Organic Reform Law to the Organic Law of the National System of Public Procurement .................................................... 1
EXECUTIVE FUNCTION
RESOLUTIONS:
NATIONAL GEOINFORMATICS COUNCIL:
003-CONAGE-2013 Reform the document "Policies
Geospatial Information Nationals" .......... 9
TRANSPARENCY AND SOCIAL CONTROL FUNCTION
COUNCIL OF THE JUDICIARY:
097-2013 Create the judicial units: Criminal; Civil; and
Family, Women, Children and Adolescents of the province of Santo Domingo de Los Tachilas based in the canton La Concordia ................ 10
REPUBLIC OF THE ECUADOR
NATIONAL ASSEMBLY Of. No. SAN-2013-1232 Quito, October 1, 2013 Engineer Hugo Del Pozo Barrezueta Director of the Official Register In your office Of my considerations:
The National Assembly, in accordance with the powers conferred upon it by the Constitution of the Republic of Ecuador and the Law
S E G U N D O S U P L E M E N T O
Ano I r Nº 100
Quito, lunes 14 de
October de 2013
Value: US$ 1.25 + IVA
ING. HUGO ENRIQUE DEL POZO
DIRECTOR #3;
Quito: Avenida 12 de Octubre
N 16r90 y Pasaje Nicolas Jimenez
Address: Telf. 2901 r629
Officias centrales y sales:
Telf. 2234 r540
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Al service del pais
from el 1st de julio de 1895
2 -- Second Supplement -- Official Registration No. 100 -- Monday, October 14, 2013
Legislative Function Organic, discussed and approved the ORGANIC REFORM LAW TO THE ORGANIC LAW OF THE NATIONAL SYSTEM OF PUBLIC PROCUREMENT. In session on September 26, 2013, the plenary session of the National Assembly met and gave a statement on the partial objection presented by the Constitutional President of the Republic. As stated in article 138 of the Constitution of the Republic of Ecuador and article 64 of the Organic Law of the Legislative Function, the text of the ORGANIC REFORM LAW TO THE ORGANIC LAW OF THE SYSTEM NATIONAL PUBLIC PROCUREMENT , to be used to publish it in the Official Register.
Atcreen, f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat.
REPUBLIC OF ECUADOR
NATIONAL ASSEMBLY
CERTIFICATION In my capacity as General Secretary of the National Assembly, I allow myself to CERTIFY that the National Assembly discussed and approved the " ORGANIC REFORM OF THE ORGANIC LAW OF THE NATIONAL PUBLIC PROCUREMENT SYSTEM " , in the first debate on 6 October 2011; in the second debate on 26 January and 8 August 2012, 6 June and 30 July 2013, and on the objection Part of the Constitutional President of the Republic on 26 September 2013. Quito as of October 1, 2013 f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat.
REPUBLIC of Ecuador
NATIONAL ASSEMBLY
THE PLENO
CONSIDERING: That the Constituent Assembly issued the Organic Law of the System National of Public Procurement, published in the Supplement to the Official Register No. 395 of 4 August 2008; That, by Executive Decree No. 1700, published in the Official Register Supplement No. 588 of 12 May 2009, the Regulation was issued General of the Organic Law of the National Public Procurement System;
Constitution of the Republic, in its Art. 288 states that " Public purchases will meet criteria of efficiency, transparency, quality, environmental and social responsibility. National products and services will be prioritized, in particular those from the popular and solidarity economy, and from micro, small and medium productive units; that, it is the attribution and the duty of the National Assembly, to issue, to codify, reform, repeal and interpret the laws as mandatory; that, it is necessary to introduce reforms to the current Organic Law of the National System of Public Procurement to deepen transparency in the procurement processes, include the actors of the popular and solidarity economy and bring benefits to society as a whole; and, In exercise of the powers provided for in the Constitution of the Republic, it issues the following:
ORGANIC LAW REFORMING THE ORGANIC LAW OF THE NATIONAL SYSTEM OF
PUBLIC PROCUREMENT Article 1.- 6, make the following reforms: 1.-After the numeral 9, insert the following definition: " 9a.-Delegation.-It is the translation of certain faculties and attributions of an organ superior to a lower one, through the maximum authority, in the exercise of their competence and for a given time. All the powers and powers provided for in this Law are delegated to the maximum authority of the entities and bodies that are part of the national public procurement system. The resolution which the highest authority shall issue for the purpose may be used in decrees, agreements, resolutions, trades or memoranda and shall determine the content and scope of the delegation, without prejudice to its publication in the Official Register, be the case. The maximum authorities of legal persons governed by private law acting as contracting entities shall grant powers or issue delegations, as appropriate, in accordance with the rules of private law applicable to them. In the field of responsibilities arising out of the actions, the product of the delegations or powers issued, the arrangements applicable to the matter shall be applicable. ' 2.-Replace the number 15 by the following: " 15. Local.-It refers to the territorial district, whether it is a rural parish, cantonal, provincial, regional, where the work will be carried out or the goods and services that are the subject of public procurement will be used. " 3.-Replace the number 16 by the following:
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" 16. Maximum Authority: Who administratively exercises the legal representation of the contracting entity or body. For the purposes of this Law, in decentralized autonomous governments, the highest authority will be the executive of each one of them. " 4.-Replace the numeral 21 by the following: " 21. National origin: For the purposes of this law, it refers to the works, goods and services that incorporate an Ecuadorian component in the percentages that are sectorially defined by the National Service of Public Procurement SERCOP, in accordance with the parameters and methodology set out in the Regulation of this Law. ' 5.-Replace the numeral 22 by the following: " 22. Local participation: This means that those participants who are entitled to the Single Register of Suppliers who have their registered office, at least six months, in the rural parish, canton, province or region where the object of the procurement. Any change of domicile of the participants entitled must be duly notified to the National Service of Public Procurement SERCOP. " Article 2.- In Article 10, make the following changes: 1.-Replace the first indent with the following: " The National Public Procurement Service (SERCOP).- Create the National Public Procurement Service, as public law, regulatory technical body, with its own legal personality and administrative, technical, operational, financial and budgetary autonomy. The Director General or the Director shall be the Director General, who shall be appointed by the President of the Republic. " 2.-Replace the second paragraph with the following: "The National Public Procurement Service shall exercise the authority of the National Public Procurement System in accordance with the following powers:" 3.-Replace the numerals 15, 16, 17 by the following numerals:
15. Develop and publish the statistics of the National Public Procurement System;
16. Train and certify, in accordance with the provisions of
the Regulation, the servers and employees appointed by the contracting entities, as operators of the National Public Procurement System;
17. Advise contracting entities and train
the National Public Procurement System providers on the intelligence or application of the rules governing the procurement procedures of such a system;
4. from number 17, add the following numeral:
18. Other rules laid down in this Law, their rules of procedure and other applicable rules. '
Article 3.- To Article 11, highlight the following reforms: 1.-Replace the numeral 1 with the following:
" 1. The Minister responsible for Production, Employment and Competitiveness, who will preside over it and will have a vote "
"2.-After the number 5, incorporate the following number:
" 6. The highest authority of the body responsible for economic inclusion. "
Article 4.- Remple item 25 for the following: " Article 25.1. National Participation.- The specifications will contain assessment criteria that encourage and promote local and national participation, by a margin of preference for the suppliers of works, goods and services, including consultancy, local and national origin, according to the parameters determined by the entity in charge of public procurement. " " Articu lo 25.2. Preference to goods, works and services of Ecuadorian origin, and to the actors of the Popular and Solidarity Economy and Micro, small and medium-sized enterprises.- In all the procedures provided for in this law, the offeror of goods will be preferred, works or services that incorporate a greater component of Ecuadorian origin or the actors of the Popular and Solidarity Economy and Micro, Small and Medium Enterprises, through the application of mechanisms such as: margins of preference proportional to offers from other suppliers, market reserve, preferential subcontracting, among others. For the acquisition of goods, works or services not considered of Ecuadorian origin according to the corresponding regulation, the verification of non-existence in the offer of Ecuadorian origin will be previously sought, through mechanisms Agile that do not delay hiring. The entity in charge of public procurement by means of the appropriate regulation shall include the obligation to transfer technology and knowledge in all non-Ecuadorian procurement. For the implementation of the preference measures the following order of precedence will be used: 1. Actors of the popular and solidarity economy; 2. Microenterprises; 3. Small Enterprises; and, 4. Medium-sized Enterprises.
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These preference measures will be granted whenever your offer is considered to be of Ecuadorian origin in accordance with the regulations " Article 5.- Replace Article 33, by the following: " Art 33.- Desert Procedure Declaratory.- The maximum authority of the contracting entity or its delegate, shall declare the procedure wholly or partial, in the following cases: a. For not having submitted any offer; b. For having been disabled all offers or the only
presented, in accordance with the law; c. To be considered inconvinites for the interests
national or institutional all the offers or the only one presented. The declaration of inconvenience shall be based on economic, technical or legal reasons;
d. If once the contract has been awarded, it will be found that
there is inconsistency, simulation or inaccuracy in the information presented by the successful tenderer, detected by the Contracting Entity, the maximum authority of this or its delegate, of no other qualified tenders, which are technically and economically appropriate to the national or institutional interests, shall declare the procedure without prejudice to the initiation of the action against the unsuccessful successful tenderer; and,
e. Because the contract is not to be held for reasons attributable
thesuccessful tenderer, provided it is not possible to award the contract to another offeror.
Once the procedure has been declared, the maximum authority or its delegate may have its own file or its reopening. The final declaration of the desert shall cancel the contracting process and the file shall therefore be filed. The partial desert procedure may be declared, where a contracting process has been convened with the possibility of partial awards or items. The declaration of desert or cancellation shall not give rise to any kind of reparation or compensation to the offerors. " Article 6.- In Article 35, make the following reforms: 1. In the first indent, replace the phrase: "to the offeror or to
the bidders" for the phrase "to the successful tenderer or to the successful tenderers";
2. Add the following
:
" With the declaration of the unsuccessful successful tenderer, the maximum authority or its delegate, it shall award the following contract the following offeror according to an order of precedence, to agree to the national or institutional interests.
If it is not possible to award the contract to the offeror according to the order of precedence, the procedure shall be declared deserted by failed offer; in that declaratory it shall state in a reasoned manner the supporting documents for the non-award of the second place. "
Article 7.- In the second paragraph of Article 37 replace words: "thirty (30) days" by "eight (8) days". Article 8.- In the last paragraph of Article 40, remove the word "entity" that is repeated. Article 9.- Replace the numeral 2 of Article 41 by the following: " 2. Credit background and experience in carrying out similar work, according to the magnitude and complexity of the procurement. " Article 10.- In Article 47, include the following third indent: " If there is a single qualified technical offer or if after this only one enabled provider presents its initial economic offer on the portal, the bid and the In its place, the negotiation or negotiation session shall take place between the contracting entity and the offeror. The only bjective of the session will be to improve the economic supply. If, after the trading session, a definitive offer is obtained in favour of the national or institutional interests, the entity shall contract with the sole offeror. " Article 11.- In Chapter IV, before "QUOTATION AND LOWER AMOUNT, add" Section I ". Article 12.- Replace Article 50, by the following: " Article 50.-Quote Procedure.- This procedure, will be used in any of the following: 1. If it is impossible to apply the dynamic procedures
provided for in Chapter II of this Title or, in the case that after such procedures have been applied, these have been declared deserts; provided that the reference budget oscillate between 0.000002 and 0.000015 of the initial budget of the State of the corresponding economic year;
2. The procurement for the execution of works, whose
benchmark budget oscillates between 0.000007 and 0.00003 of the State's initial budget of the corresponding economic year; and,
3. Procurement for the acquisition of goods and
non-standard services, except consultancy services, whose benchmark budget is between 0.000002 and 0.000015 of the initial budget of the State of the relevant economic year.
In any of the cases provided for in the previous numerals, bids will be invited to all suppliers entered in the Single Register of Suppliers.
Second Supplement -- Official Record No. 100 -- Monday, October 14, 2013 -- 5
The documents will be approved by the highest authority or the competent official of the contracting entity, and will conform to the models mandatory issued by the SERCOP as a national body responsible for public procurement. " Article 13.- In Article 51, replace the penultimate indent by the following: " In the cases of numerals 1 and 3, it may be directly contracted; for the purpose, at least three pro forms shall be counted, except for the case of manifest impossibility. In the case provided for in numeral 2, the contract shall be awarded to a supplier registered in the RUP, chosen by public draw from among those interested in participating in the contract. Those suppliers who, by the date of publication of the procedure, maintain existing contracts for the execution of works, awarded by means of the smallest procedure, whose individual or cumulative amounts shall be equal to or The coefficient laid down in paragraph 2 of this Article shall not be allowed to participate in a procedure with a minor amount of works until they have formally subscribed to the provisional receipt of the contract or contracts in force. If, for the purposes of the receipt of one or more contracts, the amount to be executed for other contracts is lower than the coefficient indicated above, the supplier shall be invited and may participate in the procedures for the smallest amount of works. " Article 14.- Replace Article 52 with the following: " Art. 52.-Preferential hiring.- In the hiring of goods and services that are acquired by means of quotation and less value, except the services of consultancy, the hiring with micro and small enterprises will be privileged, artisans or professionals, and sectors of the popular economy and solidarity, individually or associative, preferably domiciled in the territorial district in which the contract will be executed, who must prove their respective conditions in accordance with the rules governing them. For the recruitment of works selected by the contribution procedures and the smaller amount, the hiring will be privileged with professionals, micro and small enterprises, or sectors of the popular economy and solidarity, individually or associative who are entitled in the RUP to carry out this activity, and preferably domiciled in the territorial district in which the contract will be executed. Only if there is no provision in the territorial division of the relevant government, supply of suppliers that demonstrate the conditions set out in the above, the maximum authority of the contracting entity, by act duly motivated, may contract with suppliers from another territorial area or the country in the same procedure, which shall be reported through the relevant portal. " Article 15.- Following Article 52, add the following Section:
" Section II INFIMA AMOUNT Art. 52.1.- Small Claims Contracts.- You may contract under this system in any of the following Cases: 1. Contracts for the acquisition of goods or
provision of non-standard services, except for consultancy services, the amount of which is less than the multiplication of the coefficient of the initial budget of the State of the corresponding economic exercise;
2.-The hiring for the acquisition of goods or
provision of standard services, except for consultancy services, which are not included in the electronic catalogue and the amount of which is less than multiplied by the corresponding initial budget of the State of the corresponding economic exercise; and,
3.-The hiring of works that have as their object
only and exclusively the repair, refaction, remodeling, adaptation, maintenance or improvement of an existing construction or infrastructure, whose Benchmark budget is less than multiplying the budget's 0.0000002 coefficient State of the relevant economic year. For such cases, each intervention may not be considered individually, but the amount shall be calculated on the basis of all the activities involved in the economic performance of the existing construction or infrastructure. In the event that the object of the procurement is not the one indicated in this number, the procedure of the smallest amount will be applied.
The hires provided for in this article will be carried out directly with a supplier selected by the contracting entity, without requiring it to be enabled in the Single Register of Suppliers. Such contracts may not be used as a means of circumvention of pre-contractual procedures; for that purpose, contracting entities shall send quarterly to the national body responsible for public procurement a report on the number of contracts made by small amounts, as well as the names of the contractors. If the national body responsible for public procurement is to detect a subdivision of contracts or any infringement of this article, it shall inform the control bodies to initiate the relevant actions. The regulation to this law will establish the procedures for the application of this modality. Article 16.- Reform Article 58 as follows: 1. Change the text of the second paragraph by the following:
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" Perfected the public utility or social interest declaration, a direct agreement between the parties will be sought, up to the maximum period of time. Ninety (90) days, without prejudice to the immediate occupation of the building. "
2. Change the text of the seventh indent by the following:
" In the event that no direct agreement is possible, the expropriation judgment will proceed according to the procedure provided for in the Code of Civil Procedure. The judge in his decision is obliged to hold on to the guarantee established by the Directorate of Avaluos and Catstars of the Municipality, without prejudice to the owner initiating the actions that the Law of the Law regarding an eventual damage to the people. "
Article 17.- Following the Section added by the previous article of this law, add the following chapter: " CHAPTER VI Inclusive Fair Art. 59-1.-Fair Inclusive.- The Inclusive Fair is a procedure that will be used preferably by any contracting entity, in order to acquire works, goods and services of national production, catalogued or standardized, not catalogued or not standard. In this procedure, only the individual producers, the organizations of the Popular and Solidarity Economy, the popular economic units, the artisans, the micro and small units will be able to participate as suppliers. productive. " Article 18.- Add the following paragraph to the final paragraph of Article 73: " (...) In the event of non-compliance, the bank, the financial institution or the insurance company, shall be disabled in the National System of Public Procurement by the responsible body, until the fulfilment of its obligation. In case of recidivism it will be disabled for two (2) years. " Article 19.- In the second indent of Article 74, replace the word "corrected" with the word "adjudicated"; and, in the penultimate paragraph, replace "0.000003" with "0.000002". Article 20.- In the last paragraph of Article 81, after the sentence "at the request of the contractor shall notify", add the word: "obligatorily"; and, after the phrase "that said reception was produced" add the sentence: "; the refusal of the The official will be given the sanction by the Council of the Judiciary. The final presumed receipt will produce as the sole effect the termination of the contract, leaving the rights of the parties to the corresponding economic technical liquidation to the same effect " Article 21.- In Article 81, add the following text as a final point:
" The contracting entity shall declare the alleged receipt in its favour, in respect of the contractor of works, acquisition of goods or services, including those of consultancy, in the event that they are expressly refused to subscribe to the minutes of the receipt provided, or if they do not subscribe to them in the end of ten days, counted from the formal requirement of the contracting entity. The presumed receipt by the contracting entity shall be made by the highest authority or by its delegate by means of a reasoned decision, which shall be notified to the contractor in accordance with the procedure laid down in the Regulation of this Law. " Article 22.- In Article 95, incorporate the following texts:
1. The second indent shall state the following: " If the contractor does not justify the default or will not remedy the non-compliance, in the term granted, the Contracting Entity may unilaterally terminate the contract, by resolution of the maximum the authority of the Contracting Entity, which shall be communicated in writing to the contractor and shall be published on the institutional portal of the National Public Procurement Service SERCOP. The unilateral termination resolution shall not be suspended because of the interposition of claims or administrative resources, administrative, arbitration or any type of action of any kind or actions of protection on behalf of the contractor. Nor shall constitutional actions be permitted against resolutions of unilateral termination of the contract, because adequate and effective defense mechanisms are in place to protect the rights derived from such resolutions, provided for in the Law. "
2. The final paragraph of Article 95 shall order: ' Once the unilateral termination has been declared, the Contracting Entity may immediately rehire the object of the contract which was directly terminated in accordance with the procedure laid down in Article 95. set out in the regulation implementing this Law. " Article 23.- Reform items 87 and 88 as follows: 1. Replace the article 87 (87) point-of-time item with the
: " Art. 87.- Rules for the application of supplementary contracts.-The total sum of the amounts of the supplementary contracts may not exceed 30% and 5% (35%) of the updated or adjusted value of the main contract. For the case of works, the indicated total sum shall be computed as follows: 1. For the case of difference of quantities the
article 88 of this Law shall be used. 2. For the case of new items, Article 89 shall be used
of this Law.
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3. If the percentages provided for in the Articles
exceededas indicated in the numerals preceding it, it will be necessary to deal with the additional contracts required, provided that they do not exceed thirty-five percent (35%) of the updated or reset value of the main contract.
The total sum of the complementary contracts, work orders and difference in amounts referred to in this chapter, for the case of bras, shall in no case exceed seventy per percent (70%) of the updated or reset value of the main contract.
The value of the Supplementary consultancy contracts may not exceed 70% (70%) of the updated or adjusted value of the main contract "
2. Delete the following item from Article 88: "If
exceeds that percentage, a supplementary contract will need to be processed."
Articu 24.-In Article 99 enter the following reforms: 1. Replace the penultimate point by the following: " The highest authority of the entity, as well as the officials or servants of the entity who have intervened in any of the stages of the pre-contractual preparation procedures, selection, recruitment as well as in the execution of the contracts shall be personally and pecuniary liable for the failure to comply with the provisions of this Law, without prejudice, if any, to the criminal liability to which it occurs. " 2. Replace the last indent by the following: " The Contracting Entity shall, compulsorily follow the action concerned, against him or the officials or employees for whose action or omission the entity has to indemnify contractors or suppliers, for failure to comply with their contractual or legal obligations. " It shall be the cause of termination of office by removal or disconnection without any right to compensation, either in the common system or in the special scheme, the public servant, employee or worker of a public undertaking, or who has an employment relationship with him. State through the entities referred to in Article 1 of this Law, after due process due to the fact of accepting invitations, observation trips, promotional tours, social attentions, institutional invitations or promotional, or any other type of event sold by the offeror or contractor, to himself, for members of their family or third parties in the name of the public servant, employee or worker of a public undertaking or who has a working relationship with the State, which shall be sanctioned in accordance with the relevant Law. Contracting entities are prohibited from including in the benchmark budget and in the contract price the costs of any working meeting, visit, inspection,
reception, training process, transfer of knowledge, among others. Except for this provision, the events of transfer of knowledge that is in the factory or for events of high technological expertise or of the knowledge that will be previewed in the regulation of application to this Law, in any case the costs of these activities shall be covered by the contracting entity by the application of the relevant rules. Article 25.- Replace Article 102 and 103, by the following: 1. Art. 102.-Claims.- For all the purposes of this Law, those who have direct interest, who are affected by the actions taken by contracting entities provided for in Article 1 of this Law, may file a complaint. motivated by the National Service of Public Procurement, who in the event of considering the existence of signs of non-compliance with the rules of this law, its regulations and the regulations, technical norms and other regulations issued by the National Service of Public Procurement SERCOP, will notify the maximum authority of this the contracting entity, which shall have the process suspended for seven working days, in which it shall submit the relevant technical evidence and arguments. At the end of the period provided for in this Article, the maximum authority of the contracting entity may implement the corresponding rectifications or continue the process. The SERCOP National Public Procurement Service may suggest necessary measures to rectify the process and, if necessary, the final suspension of the pre-contractual procedure and notify the competent control bodies. The complaint referred to in this Article may be exercised without prejudice to the administrative appeal provided for in this Law which may be brought against administrative acts issued by public entities; and, the judicial proceedings provided for in the rules in force. All this without prejudice to a complaint to the same contracting entity, so to consider who has direct interest. It will operate the precluding of rights, after three working days after the end of each phase of the public procurement process. Public procurement processes are not susceptible to constitutional actions because they have adequate and effective defense mechanisms to protect the rights derived from such processes provided for in the Law. The suspension of the process will not result in any compensation or compensation to the bidders. 2. Art. 103.-Of The Appeal.- The appeal may be brought exclusively from administrative acts issued by contracting public entities. Those who have direct interest in the public procurement process shall have three (3)
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days counted from the notification of the administrative act to formulate your resource. The contracting entity shall, in a reasoned manner, issue its judgment in a term not greater than seven (7) days from the interposition of the appeal. The appeal lodged does not suspend the execution of the contested administrative act. However, if the appeal is not resolved within the period provided for in the preceding paragraph, the National Service of Public Procurement SERCOP shall suspend the following of the procedure until the decision of the appeal lodged in the institutional portal; without prejudice to the administrative and civil liability to which it has taken place. Article 26.- Following Art. 105, add the following Title: " Title VI of the Infractions and Sanctions Article 106.-Infractions of Providers.- More than those provided for in the law, are classified as violations performed by a provider, to the following behaviors: a. Do not update the information in the
Single Registry within the ten-day term of the modification;
b. Participate in one or more procurement procedures,
without being enabled in the Single Provider Registry, unless this is a procedure exempt from this requirement;
c. Provide information or make a statement
in error regarding its quality as a national producer; and, d. Use the portal for purposes other than those set
in the law or regulation. Article 107.- The intended violations will be sanctioned with the suspension in the Single Provider Registry for a period between 60 and 180 days.
The recidivism will be sanctioned with suspension on the same record of between 181 and 360. days, without prejudice to other penalties, which for each infringement, are laid down in the respective rules.
The application of the conditions laid down in this Article shall be governed by the Regulation and other rules issued for the effect.
Article 108.- When the National Public Procurement Service has knowledge of the offence of one or more offences provided for in this Title, either on its own initiative or at the request of a party, shall notify the relevant supplier so that, within ten days, it can justify the facts produced and attach the documentation probate that you consider relevant.
Due to the expected term, the National Service of Public Procurement SERCOP will decide what corresponds within the term of ten days, by means of a reasoned resolution that will be notified through the portal institutional. " Article 27.- Incorporate the following general provisions: " SEVENTH.- In any of the procurement procedures provided for in this Law, the companies offering, when submitting their tender, must present the its partners or shareholders to verify that the majority of the majority are not disabled to participate in public procurement procedures. The proportion of the participation of the partners or actions that will constitute an inability to intervene in public procurement processes will be defined in the implementing regulation to this law. EIGHTH. -Public Action.- Public action is granted to report when the contracting entity and the contractor have become aware of acts of corruption by the contracting entity or the contractor, through the Comptroller General of the State or other control institutions and civil society, which will be punished according to administrative, civil or criminal procedures to check their liability. " Article 28.- Incorporate the following transitional provisions: " TRANSIENT PROVISIONS FIRST. - The goods and services which are placed on the public market shall be standardised, in particular, the competent authority responsible for the standardisation, in their absence, those responsible for the transitional establishment of the guidelines and parameters to be observed in the procurement process, are the SERCOP National Public Procurement Service and the contracting entities, in the order indicated and exclusionary. SECOND.- The national body responsible for the public procurement system, where appropriate, and in a term not longer than thirty days after the validity of this law, will update the models of documents or documents pre-contractual arrangements in line with the new provisions. THIRD.- Replace the name of the National Institute of Public Procurement with the National Public Procurement Service that are contained in the Organic Law of the National System of Public Procurement, other laws, regulations, rules or regulations; any reference to the National Public Procurement Service as "institute", "INCP" or " INCOP "must be replaced by the new name and" SERCOP ", respectively. FOURTH. - As of the validity of this Law, within 30 days, the National Service of Public Procurement, will codify and update all the resolutions issued in order to be found in accordance with the provisions of this Law.
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QUINTA.- The institutional portal, will incorporate bilingual intercultural outreach mechanisms. In the text of the Organic Law of the National System of Public Procurement, where it says: "Portal www.compraspublicas.gov.ec", replace with the phrase "institutional portal".
SIXTH.- Within ninety (90) days, counted from the publication of the law in the Official Register, the President of the Republic will dictate the General Regulations to the Organic Law of the National System of Public Procurement, adapting it with the constant provisions in the present reform. "
Article 29.- Incorporate the following Reformatory Provisions: REFORMATTER PROVISIONS FIRST. - Reform Article 42 of the General Insurance Act as follows: a. Replace the words: "forty-eight (48)
hours" , with the words: "ten (10) days"; and, b. In the final paragraph of the same article after
words: "in mediata of the operations" the following text will be included:
" ... Failure to comply with this provision will result in the imposition of the sanctions by the Superintendency of Banks and Insurance, without prejudice to the immediate suspension of operations in the National Contracting System. Public. The recidivism of an insurance company in respect of the non-payment of a policy which instructs one of the guarantees in the field of public procurement, within the intended term, will be sanctioned with the registration of non-compliance in charge of the National Service of Public Procurement, for two years, counted from the formal requirement of the contracting entity ".
SECOND.- Reform the numeral 7 of article 34 of the Organic Law of Public Enterprises of the next way: " 7. PROHIBITIONS.- The appointing authorities of the members of the Board, the members of the Board, Managers, Submanagers, free appointment and removal servers, public servants of the public and workers of the public enterprises, are orders to intervene in a personal capacity in negotiations and in any procurement procedure with public undertakings, in itself or by person, through their spouse, persons in association in fact or their relatives up to the third degree of consanguinity and second degree of affinity. They will also not be able to contract with the public company where they provide their services, through legal persons in which they are shareholders or partners. If they do so, to more than the respective disqualification of the offer, they shall be punished and subject to the civil and criminal actions to which they have place observing the right to due process. "
Final Article.- This law shall enter into force from its publication in the Official Register. " Given and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha Province, at twenty-six days of the month of September, two thousand thirteen. f.) GABRIELA RIVADENEIRA BURBANO, President. f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat.
NATIONAL GEOINFORMATICS COUNCIL-CONAGE
No. 003-CONAGE-2013
Considering:
What, the Constitution of the Republic in Article 18, numeral 2, establishes " Access freely to information generated in public entities, or in private entities that handle state funds or (i) public works. There shall be no reservation of information except in cases expressly provided for in the law. In case of violation of human rights, no public entity will deny the information "; Que, the Constitution of the Republic in article 66, numeral 25, establishes" the right to access public and private goods and services, with efficiency, effectiveness and good treatment, as well as receiving adequate and truthful information on its content and characteristics "; What, the Organic Law on Transparency and Access to Public Information, in Article 1, states:" Access to information public is a right of the people that guarantees the state. " Article 5 states: " Public information is considered as public information in any format, which is held by the public institutions and the legal persons referred to in this Law, contained, created or obtained by them, they are under their responsibility or have been produced with State resources "; whereas, by Executive Decree No. 2250 of 11 November 2004, published in the Official Register No. 466 of 22 November 2004, the National Council is hereby established De Geoinformatics (CONAGE) as a technical agency under the Presidency of the Republic, whose objective is to promote the creation of the Ecuadorian Infrastructure for Geospatial Data (IEDG); which, by Executive Decree No. 1577, published in R. O. No. 535 of 26 February 2009, is established that the National Secretariat of Planning and Development will sometimes be the Technical Secretariat of the Decentralized National System of Participatory Planning;
