Reformed Article 72 Of The Law On Procurement And Contracting Of Public Administration.

Original Language Title: REFÓRMASE EL ART. 72 DE LA LEY DE ADQUISICIONES Y CONTRATACIONES DE LA ADMINISTRACIÓN PÚBLICA.

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-el-art.-72-de-la-ley-de-adquisiciones-y-contrataciones-de-la-administracion-publica/archivo_documento_legislativo

1 Decree N ° 990 the Assembly Legislative of the Republic of EL SALVADOR, whereas: I.-that by Decree legislative not. 868, of date 5 of April of the year 2000, published in the daily official not. 88, took not. 347, of date 15 of mayo of the same year, is issued the law of acquisitions and engagements of the Administration public.
II.-that the article 71 of the aforementioned law sets the figure of direct recruitment, through which an institution engages directly with a natural or legal person, without following the procedure laid out in the Act, but keeping the competition criteria and taking into account the conditions and technical specifications, previously defined; decision which must be given in resolution reasoned, issued by the head of the institution.
III.-that the Ministry of Justice and public safety requires, in some cases, purchasing goods or services relating to your needs, to comply with the functions that referred to Secretary of State.
IV.-that these goods and services, in some cases, are of high confidentiality, because it is the fight against crime, so it is not suitable to advertise or third parties are aware of the safety plans to implement.
V for the above reasons, it makes necessary to reform the law referred to in recital first of this Decree, so that when the Ministry of Justice and public safety needs to acquire goods or services for the fight against crime, making it through the figure of direct recruitment.
Therefore, use of his constitutional powers and at the initiative of the members José Antonio Almendáriz Rivas, Misael Mejia Mejia, Hortensia Margarita López Quintana, Carlos Mario Zambrano Campos, Sigifredo Ochoa Pérez, Adán Cortéz and Jose Gabriel Murillo Duarte.
DECREES as follows: reforms to the law of acquisitions and contracts of the public administration.

2 article 1.-reforming article 72 in the following way: "(Condiciones para la Contratación Directa Art. 72.-La contratación directa sólo podrá acordar_se ael concurrir alguna de las situaciones siguientes: a) because it is patents, copyrights, artistic specialties or highly specialized services that are not provided in the country;"
(b) while current state of emergency, calamity, disaster, war or serious disturbance of the order issued by the competent authority;
(c) when is try of supplier only of goods or services, or when because of them equipment, system, or details specific of them needs of support with that has the institution, is indispensable buy of a determined brand or of a determined provider, by agree so to them needs e interests technical and economic of the Administration public;
(d) s i it's inputs, machinery or equipment, specialized, or spare parts and accessories thereof, which are used for scientific research or technological development;
(e) s i is obtained agreement description of urgency in accordance with the criteria set out in this law;
f) If you declare deserted for the second time a tender or competition;
(g) in the case of early termination of the contract arising from a purchasing process, for reasons attributable to the contractor.
h) if equipment or war material, described that way by the Minister of Defense and approved by the President of the Republic;
i) case of the acquisition of weapons, material and specialized equipment for the fight against crime, previously described by the Minister in charge of the field of Justice and security;
(j) the professional services provided by Auditors qualified accountants, lawyers, mediators, conciliators, arbitrators, consultants and expert reports, among others. When in view of the nature of the service that is required, trust and confidentiality are important elements for Contracting;
k) case of procurement of works, goods and services of a preventive nature to meet the needs in States of emergency or calamity; (y, 3 l) the acquisition of medicines for the supply of the public health system, and the acquiring entity publish in its website, amounts, prices, terms and other contractual terms of acquisition. "
Article 2.-this Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, on sixteenth day of the month of April of two thousand fifteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ENRIQUE ALBERTO LUIS VALDEZ SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSÉ FRANCISCO MERINO LÓPEZ, LORRAINE GUADALUPE PEÑA MENDOZA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.
WILLIAM FRANCISCO MATA BENNETT, MANUEL VICENTE MENJIVAR ESQUIVEL, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, ERNESTO ANTONIO ANGLE MILE, FIFTH SECRETARY. SIXTH SECRETARY.
FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN RODRIGUEZ ORANTES, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, twenty-seven days of the month of April of the year two thousand and fifteen.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Juan Ramon Carlos Enrique Caceres Chavez, Minister of finance.

4 D. o. No. 74 volume no. 407 date: 27 April 2015 SP/pch 20-05-2015 legislative index