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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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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DECREE NO 990

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That by Legislative Decree No. 868, dated April 5, 2000, published in Official Journal No. 88, Volume No. 347, dated May 15 of the same year, the Law of Acquisitions and Contracts of the Public Administration.

II.-That Art. 71 of the aforementioned Law establishes the figure of the contracting direct, through which an institution contracts directly with a natural person

or legal, without following the procedure laid down in that Law, but maintaining the criteria of competition and taking into account the conditions and technical specifications, previously defined; decision to be entered

in reasoned resolution, issued by the institution's holder.

III.-The Ministry of Justice and Public Security requires, in some cases, acquire goods or services relative to their needs, to comply with

functions

IV.-That these goods and services, in some cases, are of high confidentiality,

because it is a fight against crime, so it is not convenient to advertise or that third persons have knowledge of the security plans to implement.

V.-That for the reasons set out above, it is necessary to reform the Law referred to in the first recital of this Decree, so that when the Ministry

Justice and Public Security requires the purchase of goods or services for the fight against crime. Through the figure of direct recruitment.

BY TANTO,

in use of its Constitutional powers and at the initiative of the Deputies José Antonio Almendariz Rivas, Misael Mejia Mejia, Hortensia Margarita López Quintana, Carlos Mario Zambrano Campos, Sigifredo Ochoa Perez, Adan Cortez and José Gabriel Murillo Duarte.

DECRETA the following:

REFORMS TO THE PROCUREMENT AND PROCUREMENT LAW OF THE PUBLIC ADMINISTRATION.

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Art. 1.-Reform Article 72 as follows:

Conditions for Direct Hiring

Art. 72.-Direct procurement may be agreed upon in any of the following situations:

a) For the purposes of patents, copyrights, artistic specialties or highly specialized services that are not provided in the country;

(b) Where the state of emergency, calamity, disaster, war or serious disturbance of the order dictated by competent authority is in force;

c) When the supplier is the sole supplier of goods or services, or where equipment, system, or specific details of the support needs that the institution, it is essential to buy from a certain brand or a certain

supplier, thus to suit the technical and economic needs and interests of the public administration;

d) S i is about inputs, machinery or specialized equipment, or spare parts and accessories

of these, to be used for scientific research or technological development;

e) S i shall be issued as a matter of urgency in accordance with the criteria

set out in this Act;

f) If a tender or contest is declared deserted for the second time;

g) In case of early termination of the contract arising from a purchasing process, for reasons attributable to the contractor;

h) If it were a equipment or war material, qualified in that manner by the Minister of Defense and approved by the President of the Republic;

i) If the acquisition of weapons, equipment and specialized equipment for the fight against crime, previously qualified by the Minister in charge of the Ramo

of Justice and Security, were dealt with;

j) Professional services provided by specialized auditors, accountants, lawyers,

mediators, reconciliators, arbitrators, advisors and experts, among others; when in consideration of the nature of the service that is required, trust and confidentiality are relevant elements for their procurement;

k) for the procurement of preventive works, goods and services to address the needs in states of emergency or calamity; and,

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l) The procurement of medicinal products for the supply of the public health system, the acquiring entity must publish on its website, the amounts, prices, deadlines

and other contractual terms of acquisition. "

Art. 2. This Decree shall enter into force eight days after its publication in the Official Journal

.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the sixteen days of the month

of April 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, LORENA GUADALUPE PEÑA MENDOZA, THIRD VICE PRESIDENT. FOURTH VICE-PRESIDENT.

CARLOS ARMANDO REYES RAMOS,

FIFTH VICE PRESIDENT.

GUILLERMO FRANCISCO MATA BENNETT, MANUEL VICENTE MENJÍVAR ESQUIVEL,

FIRST SECRETARY. SECOND SECRETARY.

SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA,

THIRD SECRETARY. FOURTH SECRETARY.

IRMA LOURDES PALACIOS VÁSQUEZ, ERNESTO ANTONIO ANGULO MILLA,

FIFTH SECRETARY. SIXTH SECRETARY.

FRANCISCO JOSÉ ZABLAH SAFIE, JOSÉ SERAFIN ORANTES RODRÍGUEZ,

SEVENTH SECRETARY. EIGHTH SECRETARY.

CASA PRESIDENTIAL: San Salvador, at twenty-seven days of the month of April of the year two thousand fifteen.

PUBESQUIESE,

Salvador Sánchez Cerén, President of the Republic.

Juan Ramón Carlos Enrique Cáceres Chávez, Minister of Hacienda.

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D. O. No. 74 Took No. 407 Date: April 27, 2015

SP/pch 20-05-2015

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