Ley Reformatoria Organic To The Organic Law Of The National System Of Public Contracting

Original Language Title: Ley Orgánica Reformatoria a la Ley Orgánica del Sistema Nacional de Contratación Pública

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Read the untranslated law here: http://www.asambleanacional.gob.ec/es/system/files/ley_reformat.pdf

CONSIDERING: That the constituent Assembly issued the organic law of the national system of public contracting, published in the supplement of the registry official No. 395 of August 4, 2008; That, by means of Decree Executive No. 1700, published at the registry official Supplement No. 588 of May 12, 2009, was issued the General Regulation of the law organic of the system national of public procurement;

That, the Constitution of the Republic, in its article 288 sets that "them shopping public shall comply with criteria of efficiency, transparency, quality, responsibility environmental and social." Is will prioritize them products and services national, in particular those from of the economy popular and solidarity, and of the micro, small ymedianas units productive; That is attribution and duty of the National Assembly, issued, encode, reform, repeal and interpret laws on a mandatory basis; That, it is necessary to introduce reforms to the current organic law of the national system of public contracting to deepen the transparency in procurement processes, include popular and solidarity economy actors and generate benefits to the whole society; and, in exercising the powers provided for in the Constitution of the Republic, issued the following: law organic reform to the law organic of the system national of hiring public article 1-article 6, the following reforms: 1.-after the numeral 9, inserted the following definition: "9a.-delegation-is the translation of certain powers and duties of a superior to another lower body" , through the maximum authority, in the exercise of its competence ypor a time certain. All the faculties and powers provided for in this law to the highest authority of the organizations and agencies that are part of the national system of public contracting are delegable. The resolution issued by the highest authority to the effect may be implemented in decrees, agreements, resolutions, trades or memoranda and will determine the content and scope of the delegation, without prejudice to its publication in the official record of the case. The highest authorities of the legal persons of private law acting as contracting entities, will grant powers or issued delegations, as appropriate, in accordance with the rules of private law that is applicable to them. In the field of responsibilities deriving from actions, product of the delegations or emitted powers, will be to the regime applicable to the matter." 2. replace paragraph 15 with the following: "15. "Local.-it refers to the territorial district, parish is rural, cantonal, provincial, regional, where it will execute the work or goods and services subject to government procurement will go." 3.-replace is the numeral 16 for the following: Second Supplement-registration official No. 100-Monday 14 of October of 2013-3 "16." Authority: Who exercised administratively the legal representation of the entity or contracting agency. For the purposes of this law, in decentralized, autonomous governments the highest authority is the Executive of each one of them." 4.-replace is the paragraph 21 by the following: "21." "National origin: for the purposes of this Act, refers to works, goods and services that incorporate a component of Ecuadorian in the percentages that sectors are defined by the national public procurement SERCOP, in accordance with the parameters and methodology set out in the regulation of this law". 5 replace the paragraph 22 with the following: "22. Local participation: Means one or those participants in the single registry of suppliers who have their domicile, at least six months, in the rural parish, canton, province or region where takes effect the object of the contract. All change of address of the eligible participants, shall be duly notified to the national service of hiring public SERCOP." Article 2.-in article 10, be made the following changes: 1. replace the first paragraph with the following: "national service of public procurement (SERCOP)-created the national service of procurement, as a body governed by public law, technical regulatory, with legal personality and administrative, technical, operational, financial and budgetary autonomy." Its maximum representative and legal representative shall be the Director-General or the Director, who shall be appointed by the President of the Republic." 2 replace the second subparagraph with the following: "the national procurement service will exercise the stewardship of the national system of public procurement in accordance with the following responsibilities:" 3. paragraphs 15, 16, 17 must be replaced by the following paragraphs: 15. Develop and publish statistics of the national system of public contracting;

16 train and certify, according to the regulation, to servers and employees appointed by the contracting entities, as operators of the national system of public contracting;

17 advising contracting authorities and training providers of the national system of public procurement on the intelligence or application of the rules governing the procedures of recruitment of such a system;

4 of paragraph 17, add the following paragraph: 18. Others established in this Act, its regulations and other rules applicable."

Article 3.-to article 11, be made the following reforms: 1. replace paragraph 1 with the following: "1. the Minister in charge of the production, employment and competitiveness, who will preside over it and will have a casting vote" 2. after paragraph 5, add the following paragraph: "6. the highest authority of the body responsible for economic inclusion."

Article 4.-Replaced article 25 by the following: 'article 25.1. "" Participation national-sheets will contain assessment criteria that encourage and promote local and national participation by a margin of preference for suppliers of works, goods and services, including consulting, local and national origin according to parameters determined by the entity responsible for public procurement. "" Vivian lo 25.2. Preference to goods, works and services of Ecuadorian origin, and the actors of the Popular and solidary economy and Micro, small and medium-sized enterprises-in all the procedures under this Act, is preferred to the supplier of goods, works or services that incorporates major component of Ecuadorian origin or the actors in Popular and solidary economy and Micro , Small and medium-sized enterprises, through the application of mechanisms such as: proportional preference margins on offerings from other vendors, market reserve, preferential subcontracting, among others. For the acquisition of goods, works or services not considered of Ecuadorian origin according to the corresponding regulation is r querira previously verification of absence in the offer of Ecuadorian origin, through Agile mechanisms that do not delay hiring. The entity in charge of government procurement through the corresponding regulation will include an obligation of transfer of technology and knowledge in all recruitment of non Ecuadorian origin. For the implementation of the measures of preference will be used the following order of priority: 1. actors of the popular and solidary economy; 2. micro-enterprises; 3. small businesses; and, 4. Medium-sized enterprises.

4 second supplement - official record No. 100 - Monday, October 14, 2013 these measures of preference will be awarded provided that its offer is considered as of Ecuadorian origin in accordance with the corresponding regulation." Article 5.-Replace article 33, with the following: "Art 33-Declaration of procedure desert-the highest authority of the contracting entity or its delegate, be declared void the procedure in full or partially, in the following cases: a. for having failed to offer any;" b. by having been disabled all offers or the only one presented, in accordance with the law; c. considering inconvenites to national or institutional interests all offers or the only one presented. The Declaration of inconvenience must be supported by reasons economic, technical or legal;

d. If once the contract has been awarded, it finds that there is inconsistency, simulation or inaccuracies in the information submitted by the successful tenderer, detected by the contracting entity, the highest authority of this or his delegate, there is no other qualified offers agreed between technical and economically to national or institutional interests be declared void without prejudice to the initiation of actions that apply against the unsuccessful tenderer; and, e. By not the agreement is due to attributable to the successful tenderer, whenever it is not possible to award the contract to another bidder.

Once declared desi rto procedure, the maximum authority, or his delegate, may have its file or its reopening. The Declaration final of desert will cancel the process of recruitment and therefore is filed the record. Can declare is the procedure desert partial, when is has convened to a process of engagement with the possibility of awards partial or by items. The Declaration of wilderness or cancellation will not lead to any type of repair or compensation to bidders." Article 6.-in article 35, carried out the following reforms: 1. in the first paragraph, replace the sentence: "the bidder or bidders" by the phrase "to the successful tenderer or tenderers;"

2 added after the second subparagraph, the following: "with the Declaration of failed bidder, the authority or its delegate, award the contract offering following l according to an order of priority, to agree to the national or institutional interests."

If not is possible to award the contract to the offeror according to the order of priority, the procedure will be declared desert by offer failed; "such a declaration must include form motivated the supporting for the award to the second place."

Article 7.-In the second subparagraph of article 37 replace the words: "thirty (30) days" for "eight (8) days". Article 8.-in the last paragraph of article 40, delete the word "entity" that is repeated. Article 9.-Replace the paragraph 2 of article 41 with 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 included as third paragraph the following: "exist a single technical offer qualified or if after this one enabled supplier presents its initial economic offer on the portal will not be bid and instead will take place the u ica's negotiation session between the offeror yel contracting entity." The sole objetive of the session will be to improve the economic offer. "If after the session of negotiation is Gets an offer final favorable to them interest national or institutional, the entity will proceed to hire with the only offeror." Article 11.-in chapter IV, before "quote and minor, add"Section I". Article 12.-Replace article 50, with the following: "article 50.-quote-this procedure, procedure will be used in any of the following cases: 1. If it is impossible to apply the dynamic procedures provided for in chapter II of ste title or, in the case that once applied these procedures, these had been declared desert;" whenever the budget referential oscillate between 0,000002 and 0,000015 of the budget initial of the State of the corresponding exercise economic;

2. the contract for the execution of works, which referential budget oscillate between 0,000007 y0, 00003 of the initial budget of the State of the relevant financial year; and, 3. The contract for the acquisition of goods and services non-standardised, except consulting s l, which referential budget oscillate between 0,000002 and 0,000015 of the initial budget of the State of the corresponding fiscal year.

In any of the cases provided for in the preceding paragraphs, will be invited to submit tenders to all providers enrolled in the single registry of suppliers.

"Second supplement - Registro Oficial Nº 100 - Monday 14 October 2013 - 5 specifications shall be approved by the authority or the competent official of the contracting entity, and will be adapted to compulsory models issued by the SERCOP as the national body responsible for public procurement". Article 13.-in the article 51, replace is the penultimate subparagraph by the following: "in them cases of them numerals 1 and 3 is can hire directly;" for the effect, it will be at least three proformas, except in the case of manifest impossibility. In the case referred to in paragraph 2, the contract shall be awarded to a registered supplier in the RUP chosen by public draw from those interested in participating in the procurement. Providers who maintain current work contracts, awarded through the procedure for small claims, whose individual or cumulative amounts igualaren or exceeds the ratio established in paragraph 2 of this article, the date of the publication of the procedure may not participate in minor works procedure until they have formally signed the provisional acceptance of the existing contracts. "If for purposes of delivery receipt of one or more contracts executed by other contracts amount is less than the coefficient before stated, the supplier will be invited and will participate in minor works procedures." Article 14.-Replace article 52 with the following: "article 52.-preferential hiring.-in the procurement of goods and services that are acquired by contribution and minor, except for the consulting services, procedures are will favor hiring with micro and small enterprises, craftsmen or professional, popular and solidarity, economy of individually or associative sectors, preferably residing in the territorial constituency that will execute the contract who must prove their respective conditions in accordance with the regulations governing them. For contracting of work that is selected by quote and minor procedures, it will favor hiring with professionals, micro and small enterprises or sectors of the popular and solidary economy, individual or associative way that are enabled in the RUP to pursue this activity, and preferably domiciled in the territorial constituency that will execute the contract. Only in case that did not exist in the territorial district of the corresponding Government, offer suppliers to credited the conditions referred to in the preceding subparagraphs, the highest authority of the contracting entity, duly motivated act, it may contract with providers of other territorial district or of the country in the same procedure, which shall be informed through the corresponding portal." Article 15.-then Article 52, add the following section: "section II negligible amount article 52.1.-hiring of negligible amount.-may contract under this system in any of the following cases: 1. contracts for procurement of goods or services not standardized l, excepting Advisory, whose amount is inferior to multiply the coefficient 0,0000002 of the initial budget of the State of the relevant financial year;"

2. appointments to l acquisition of goods or provision of services standard, excepting Advisory, which not contained in the electronic catalogue and whose amount is inferior to multiply the coefficient 0,0000002 in the initial budget of the State of the corresponding fiscal year; and, 3.-contracting of works relating to only repair, renovation, remodeling, adaptation, maintenance or improvement of construction, or existing infrastructure, which referential budget is less than multiply the coefficient 0,0000002 in the initial budget of the State of the corresponding fiscal year. For these cases, it may not be retained on an individual basis each intervention, but that the amount will be calculated on the basis of all the activities is to be carried out in fiscal year on construction or existing infrastructure. In the event that the object of the contract is not indicated in this paragraph, the small claims procedure applies.

The contracts referred to in this article shall be directly with a vendor selected by the contracting entity, without requiring it to be enabled in the single registry of suppliers. These contracts may not be used as a means of circumvention of pre-contractual procedures; for the effect, contracting entities shall transmit quarterly to the national body responsible for public contracts, a report on the number of contracts made by tiny amount, as well as the names of the contractors. If the national body responsible for public procurement changes to detect a subdivision of contracts or any breach of this article, it shall inform of the supervisory bodies so that they initiate the relevant actions. The regulations under this law shall establish the procedures for the application of this modality. Article 16.-Reform article 58 of the following way: 1. change the text of the second subparagraph by the following: 6 - second supplement - official record No. 100 - Monday, October 14, 2013 "perfected the Declaration of public utility or social interest, will seek a direct agreement between the parties, up to the maximum period of ninety (90) days; without prejudice to the immediate seizure of the property."

2. change the text of the seventh subparagraph by the following: "in the event that it is not possible a direct agreement will proceed to the trial of expropriation in accordance with the procedure laid down in the code of Civil procedure. The judge in its resolution is obliged to submit to the valuation established by the direction of appraisals and cadastre of the municipality, notwithstanding that the owner start actions that passed you the law with respect to an eventual damage emrgente."

Article 17.-below of it section added by the article previous of this law, add is the following chapter: "chapter VI fair inclusive Art. 59-1.-fair inclusive.-the fair inclusive is a procedure that is used preferentemnte by all entity contracting, to acquire works, goods and services of production national, catalogued or standardized, not catalogued or not standardized." This procedure only may participate, in quality of suppliers individual producers, organizations of Popular and solidary economy, popular economic units, artisans, micro and small productive units." Article 18.-Added after the final paragraph of article 73 the following paragraph: "(...) In the event of breach, the Bank, financial institution or insurance company, it will be disabled in the national system of public procurement by the responsible body, to comply with its obligation. In case of recidivism will be disabled for two (2) years." Article 19.-in the second subparagraph of article 74, replace the word "corrected" by the word "allocated"; and in the penultimate paragraph, replace "0.000003" by "0,000002". Article 20.-in the last paragraph of article 81, after the phrase "at the request of the contractor shall", agregues the word: "mandatory"; and, after the phrase "that such reception occurred" insert the phrase: "; the refusal of the civil servant will be caus l sanctioned by the Council of the judiciary. "It reception alleged final will produce as only effect the termination of the contract, leaving to except them rights of them parts to it liquidation technical economic corresponding" article 21.-in the article 81, add is the following text as subsection end: "it entity Contracting will declare it reception alleged to your please, with regard to them contractor of works, acquisition of goods or services, included them of consulting" in the event that they explicitly refuse to sign the minutes of delivery intended reception, or if not they signed them in term of ten days, counted des the formal request by the contracting entity. Alleged to be received by the contracting entity, it will be the highest authority or its delegate by a reasoned ruling, which shall be notified to the contractor in accordance with the procedure laid down in the regulations under this law." Article 22.-In article 95 incorporated the following texts: 1. the second subparagraph shall indicate the following: "If the contractor does not justifies the mora or not remediare non-compliance, the term granted, the contracting entity will be able to unilaterally terminate the contract, by a resolution of the highest authority of the contracting entity, which shall be communicated in writing to the contractor and will be published on the portal of the national public procurement SERCOP. Resolution of unilateral termination will not be suspended by the filing of claims or administrative resources, administrative contentious claims, arbitration or any type or actions of amparo on the part of the contractor. "Nor is admitted actions constitutional against them resolutions of termination unilateral of the contract, because is have mechanisms of defenses adequate and effective to protect them rights derivatives of such resolutions, expected in the law."

2. the final paragraph of article 95 shall order: "once declared the unilateral termination, the contracting entity may turn to immediately hire the contract that was t rminado, directly, in accordance with the procedure established in the rules of application of this law." Article 23.-Reformed articles 87 and 88 of the following way: 1. replaced the pr imer article 87 paragraph by the following: ' article 87.-rules for the application of complementary contracts.-the sum total of the amounts of complementary contracts may not exceed of thirty-five percent (35%) of the value updated or redesigned from the main contract. " In the case of works, indicated total be computed in the following manner: 1. in the case of difference of quantities will be used Article 88 of this law. 2. in the case of new products will be used article 89 of this law.

Second Supplement - Registro Oficial Nº 100 - Monday 14 October 2013 - 7 3. If it exceeds the percentages provided for in articles listed in the paragraphs preceding will be necessary to deal with complementary contracts required, provided that these do not exceed of thirty-five percent (35%) of the value updated or redesigned from the main contract.

The total sum of supplementary contracts, orders work and difference in amounts referred to in this chapter, for the case of bras, in no event exceed of the seventy percent (70%) of the value updated or redesigned from the main contract.

"The value of them contracts complementary of consulting not may exceed of the seventy per cent (70%) of the value updated or redesigned of the contract main" 2. Delete is it following fr ase of the article 88: "If is exceeds the mentioned percentage will be necessary to process a contract complementary.".

Article1 the 24.-Article 99 be introduced the following reforms: 1. replace the penultimate subparagraph by the following: "the highest authority of the entity, as well as officials, or servers which have been involved in any of the stages of precontractual of preparation, selection and recruitment procedures as well as in the execution of contracts will be personal and pecuniary manner liable for any breach of the provisions of this law ", without prejudice, where applicable, of criminal liability to any place." 2. replace the last paragraph by the following: "the contracting entity, must continue to the corresponding action against it or the officials or employees by whose action or omission the entity must compensate contractors or suppliers, for breach of their contractual or legal obligations." It will be causal of cessation of functions by dismissal or separation without any compensation, both in the common system and the special, the public servant, employee or worker of a public company, or whoever has a working relationship with the State through institutions refers to which article 1 of this law, after the relevant due process by accepting invitations travel of observation, promotional tours, hospitality, institutional or promotional invitations, or any other type of event resolved by the offeror or contractor, for himself, for members of his family or others on behalf of the public servant, employee or worker of a public company or who has working relationship with the State, which shall be punished in accordance with the applicable law. The contracting entities are prohibited in the referential budget and the price of the contract include any meeting work, tour, inspection costs,

reception, training, transfer of knowledge, among others. Is except of this provision them events of transfer of knowledge that is in factory or for events of high specialty technological or of the knowledge that will be planned in the regulation of application to this law, in all case them costs of these activities them will cover the entity contracting through the application of the normative corresponding. Article 25.-Replace article 102 and 103, by the following: 1. Article 102.-claims-for all purposes of this Act, those who have vested interests, which are considered to be affected by the activities carried out by contracting entities referred to in article 1 of this law may submit a motivated claim to the national procurement service, who in case of considering the existence of evidence of non-compliance of this law , its rules and regulations, technical standards and other regulations issued by the national public procurement SERCOP, shall notify this individual to the highest authority of the contracting entity, who shall have the suspension of the proceedings for the period of seven working days, which shall submit the evidence and relevant technical arguments. At the end of the period provided for in this article, the highest authority of the contracting entity may implement the corrections that apply, or continue with the process. The national service of hiring public SERCOP may suggest necessary measures to ectificar the process and, if applicable, the definitive suspension of the pre-contractual procedure and shall notify the competent control bodies. The claim that this article, may exercise without prejudice to the administrative appeal provided in this law that may be lodged against administrative acts issued by public entities; and the proceedings provided for in the regulations. All of this without prejudice to a claim to the same contracting entity, so if anyone with a direct interest. Will operate the preclusion of rights, a time after three days working after completed each phase of the process of hiring public. Them processes of hiring public not sonsusceptibles of actions constitutional because have mechanisms of Defense appropriate and effective to protect them rights derivatives of such processes provided in the law. The suspension of the process will not lead to any kind of repair or compensation to providers. 2 art. 103.-the appeal-appeal may be brought exclusively administrative acts issued by contracting authorities. Those who have a direct interest in the procurement process will benefit from the term of three (3) 8 - second supplement - official record No. 100 - Monday 14 October 2013 days from the notification of the administrative act to formulate your resource. The entity contracting must issue their resolution, of way motivated, in a term not greater to seven (7) days counted from the interposition of the resource. The appeal does not suspend the execution of the contested administrative act. However not resolved the appeal in the term provided for in the preceding paragraph, hiring public SERCOP national service suspended in the institutional portal the continuation of the procedure until the resolution interposed resource; without prejudice to the administrative and civil liability to any place. Article 26.-then the article 105, add the following title: "Title VI infractions and sanctions article 106-infringements of suppliers.-more than those provided for in the law, classified as infractions made by a supplier, the following conduct: a. does not update the information in the single registry of suppliers within ten days of produced the amendment;"

b. participate in one or more contracting procedures, without being enabled in the single registry of suppliers, unless it is exempted from this requirement procedure;

c. providing information or making a wrong statement regarding their quality of national producer; and, d. use the portal for purposes different from those established in the law or the regulation. Article 107-Planned offences shall be punished with suspension in the single registry of suppliers for a period between 60 and 180 days.

Recidivism shall be punished with suspension in the same record of 181 to 360 days, without prejudice to any other sanctions, which for each violation, be established in regulations.

The application of them ancion established in the present article, is governed by the regulation and other regulations issued for the effect.

Article 108.-When the national procurement service has knowledge of the Commission of one or more offences referred to in this title, ex officio or upon request of a party, it shall notify the appropriate vendor so that at the end of ten days, produced facts justify and attach the supporting documents deemed relevant.

Overcome the expected term, public procurement SERCOP national service will solve that apply in ten days, by a reasoned ruling shall be notified through the institutional portal." Article 27.-Incorporate the following general provisions: "seventh-in either Contracting modalities provided for in this law, suppliers companies, at the time of submitting its tender, must submit the roster of partners or shareholders to verify that the majority are not disabled to participate in procurement." The proportion of the participation of them partners or actions that will constitute inability to intervene in processes of hiring public will be defined in the regulation of application to this law. THE EIGHTH. "- Public action.-is granted public to denounce when action is detec are or have knowledge of acts of corruption by both the contracting entity and the contractor, through the General Comptroller of the State or other institutions of civil society, and control which will be punished according to the procedures of administrative, civil or criminal check is your responsibility". Article 28.-Add the following transitional provisions: "transitional provisions first. -The goods and services that are sold in the public market will be standardized p r the competent entity responsible for Standardization, in his absence, responsible for temporarily establish guidelines and parameters that must be observed in the recruitment process, are the Servicio Nacional de SERCOP public procurement and contracting, in the order listed and exclusive way entities. SECOND.-the national body responsible for the system of procurement, where applicable, and within one period not greater than thirty days from the entry into force of this law, updated models of sheets or pre-contractual documents according to the new provisions. THIRD.-replace the name of the National Institute of public procurement by the national service of public procurement that are contained in the organic law of the national system of public contracting, other laws, regulations, rules or regulations; any reference to the national service of procurement as "Institute", "NCPI" or "In INCOP", shall be replaced by the new name and the initials "SERCOP", respectively. -FOURTH. -Starting from the entry into force of this Act, at the end of 30 days, the national procurement service, encode and updated all the issued resolutions so that they are in accordance with the provisions of this law.

Second Supplement - Registro Oficial Nº 100 - Monday, October 14, 2013 - 9 fifth.-the institutional portal, will incorporate mechanisms of intercultural bilingual broadcasting. In the text of the organic law of the national system of public procurement, where it says: "Portal www.compraspúblicas.gov.ec", be replaced by the phrase "institutional portal".

"Sixth.-within the period of ninety (90) days from the publication of the law in the Official Gazette presnte, the President of the Republic shall issue the General Regulation to the organic law of the national system of public contracting, adapting it with the constant in the present reform provisions."

Article 29.-Incorporate the following provisions Reformatorias: first REFORMATORIAS provisions. -Reforming article 42 of the General Law of insurance, in the following manner: 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 the words: "mediate in of the operations" will include the following text: "... Breach of this provision will result in the establishment of sanctions r spectivas by the Superintendency of banking and insurance, without prejudice to the immediate suspension of operations in the national system of public contracting. Recidivism of an insurance company regarding the non-payment of a policy which instrument one of the guarantees in the field of public procurement, within the planned term, shall be punished with the registration of non-compliance by the national service of public procurement, by two years, from the formal requirement of the procuring entity".

SECOND.-Reforming paragraph 7 of article 34 of the law of public companies in the following manner: "7. prohibitions-nominadoras authorities of the members of the Board, the members of the Board, managers, Assistant managers, servers, free appointment and removal, career and workers in public enterprises, public servants are disabled to intervene personally in negotiations and in any procedure for dealing with the public companies" by itself or by interposed person, through his spouse, people in union fact or their relatives up to the third degree of consanguinity and second of affinity. Not to hire with the public company which provide their services, through legal persons that are shareholders or partners. If you done, more than the respective disqualification of the offer, they will be sanctioned and are subject to civil and criminal actions to any observing the right to due process."

"Article end: the present law shall enter into force after its publication in the official registry." Given and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha province, the twenty-six days of the month of September of two thousand thirteen. f.) GABRIELA RIVADENEIRA BURBANO, President. f.) Dr. Libya RIVAS ORDÓÑEZ, Secretary General.

Council national of GEOINFORMATICS-CONAGE not. 003-CONAGE-2013 considering: that, the Constitution of the Republic in the article 18, numeral 2, sets "access freely to the information generated in entities public, or in them private that manage funds of the State or made fu tions public." Not there is book of information except in those cases expressly established in the law. In the event of violation of human rights, any public entity denied the information"; That, the Constitution in article 66, paragraph 25, establishes "EI right to access goods and services public and private quality, efficiency, effectiveness and good treatment, as well as to receive adequate and accurate information about its content and features"; Law of transparency and access to public information, in article 1, which States: "the access to public information is a right of individuals that guarantees the State". He article 5, points out: "is considered information public to all document in any format, that is find in power of them institutions public and of them people legal to which is refers this law, content, created u obtained by them, that is are low its responsibility or is have produced with resources of the State"; That, by means of Executive Decree No.2250, of November 11, 2004, published in the official registry No.466 of 22 November 2004, creates the National Council of geoinformatics (CONAGE) as a technical body under the Presidency of the Republic, whose objective is to promote the creation of the infrastructure Ecuadorian data geospatial (IEDG); That, through Executive Decree No. 1577, published in r. o. No. 535, February 26, 2009, establishing that the National Ministry of planning and development will make the times the Secretariat technique of the system national decentralized participatory planning;