Advanced Search

Reformed The Procurement Act Public Administration, Sundries, Arts. 1, 2, 4, Among Others.

Original Language Title: Refórmase la Ley de Adquisiciones y Contrataciones de la Administración Pública, varios artículos, Arts. 1, 2, 4, entre otros.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 1

DECREE NO 725

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 of May 15 of the same year, was approved

the Law of Acquisitions and Contracts of Administration Public (LACAP), which contains the rules governing the Procurement and Contract System The Public Administration.

II.-That the relations between the suppliers and the institutions that make up the Public Administration demand an update in some provisions

of the aforementioned Law, for the purpose of to create legal certainty and clarity in the application of the same, for both parties.

III.-That the functions and responsibilities of both the regulatory body and the operational units must be strengthened so that interpretation and application of the public procurement rules, far from affecting third parties, facilitate the processes of acquisitions of works, goods and services, addressing the principles

of competence, transparency and probity of action.

IV.-That the Salvadoran State, demand of the officials and employees

related to the processes " acquisitions and hiring a good performance in their actions, based on the proper planning of acquisitions and good management in the administration of contracts, for

avoid onerous costs on public purchases.

V.-That for the reasons outlined above, it is necessary to reform the Law to that

refers to the first recital of this Decree.

BY TANTO,

in use of its constitutional powers and on the initiative of the President of the Republic, through the Minister of Finance and the Deputies Othon Sigfrido Reyes Morales, Francisco Roberto Lorenzana

Duran, Norma Fidelia Guevara de Ramírios, Lorena Guadalupe Peña de Mendoza, Irma Lourdes Palacios Vásquez, Orestes Fredesman Ortez Andrade, Yohalmo Edmundo Cabrera Chacón, Dario Alejandro Chicas Argueta, Norma Cristina Cornejo Amaya, José Álvaro Cornejo Mena, Carlos Cortez Hernández, Luis Alberto

Corvera Rivas, Nery Arely Diaz de Rivera, Antonio Echeverria Veliz, Emma Julia Fabian Hernandez, Ricardo Bladimir Gonzalez, Jorge Schafik Handal Vega Silva, Gladis Marina Landaverde Paredes, Benito Antonio Lara Fernandez, German Gregorio Linares Hernandez, Hortensia Margarita Lopez Quintana, Guillermo

Francisco Mata Bennett, Rolando Mata Fuentes, Saul Anselmo Mendez, Guillermo Antonio Olivo Mendez, Gaspar Armando Portillo Benitez, Zoila Beatriz Quijada Solis, Inmar Rolando Reyes, Gilberto Rivera Mejia, David Rodriguez Rivera, Sonia Margarita Rodriguez Siguenza, Karina Ivette Sosa de Lara, Maria Margarita Velado Puentes and Ana Daysi Villalobos de Cruz.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 2

DECRETA the following:

REFORMS TO THE PROCUREMENT AND PROCUREMENT LAW PUBLIC ADMINISTRATION, ISSUED BY LEGISLATIVE DECREE No. 868 OF APRIL 5, 2000, PUBLISHED IN THE OFFICIAL JOURNAL No. 88, TOO No. 347 OF 15 MAY OF THE SAME YEAR

Art. 1.- Reform Art. 1, as follows:

Object of Law, Principles and Values

" Art. 1.- This Law is intended to lay down the basic rules governing actions

concerning the planning, awarding, hiring, monitoring and settlement of acquisitions of works, goods and services of any kind. nature, which the Public Administration must celebrate in order to achieve its aims.

The procurement and procurement of the Public Administration shall be governed by principles and values such as: non-discrimination, advertising, free competence, equality, ethics, transparency, impartiality,

probity, Regulatory centralization and operational decentralization, as defined in the Government Ethics Law. "

Art. 2.- Reform Art. 2, as follows:

Subject to Law

" Art. 2.-Subject to this Law:

a) Natural or legal persons, national or foreign, who offer or contract with

the Public Administration. Such persons may participate individually or jointly in the procurement and procurement processes carried out by the institutions;

b) The acquisitions and hiring of the institutions of the State, their dependencies and (c) The auxiliary agencies of the autonomous state institutions and enterprises,

including the Executive Commission Hydroelectr of the Lempa River and the Salvadoran Social Security Institute;

c) institutions that commit public funds in accordance with the provisions of the Constitution and respective laws, including those from special activity funds;

d) acquisitions and hiring financed with municipal funds;

e) Contracts in the Stock Market that make the institutions in legally established Bags operations, where appropriate to the public interest, which in respect of the procurement, award and settlement process shall be governed by their specific laws and legal rules;

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 3

f) Private Public Partnerships, as a mode of investment participation private; the participation and subjection of such associations in relation to this Law.

To the organs, dependencies, auxiliary agencies and entities referred to, henceforth they may be called the institutions of the Public administration or only the institutions. "

Art. 3.- Reform Art. 4, as follows:

Exclusions

" Art. 4.- They shall be considered excluded from the application of this Law:

(a) Procurement and procurement financed by funds from Conventions or Treaties held by the State with other States or with International Organizations,

in which the procurement and procurement processes will be established to continue in their execution. In cases where there is a need for a contribution to the counterpart by the State, it will also be considered excluded;

b) The conventions to be concluded by the State institutions;

c) personal who perform the institutions of the Administration

Public, in accordance with the general provisions of the budgets, the law of wages, the contract, the labor contract, the labor contract on the basis of the Labor Code, and applicable regulations or regulations;

d) Banking and financial services, other than insurance, held by the Public Administration;

e) The granting of image rights, patents and the like that are the property of the State;

f) The operations of placement of securities on the international market;

g) acquisitions and procurements that the Foreign Service (Foreign Service) will carry out in its respective headquarters

abroad, for its proper functioning. The Minister of the Ramo shall make the knowledge of the Council of Ministers the acquisitions and procurements made at least three times a year;

h) The service of distribution of electricity and public service of drinking water;

i) Construction works under the management system of municipal councils. "

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 4

Art. 4.- Reform Art. 7, as follows:

UNAC attributions

" Art. 7.- The UNAC will depend on the Ministry of Finance and its powers will be as follows:

a) Propose the Minister of Finance, the annual policy of the Procurement and Contracts of the Institutions of the Public Administration within of the limits established in the

article 6, literal a) of this Law; in addition it shall propose annually the guidelines of participation in the processes of bidding and adjudication of the micro, small and medium enterprises;

b) Emitir the general policies and guidelines for the design, implementation, operation and Coordination of the Integrated Procurement and Procurement System

of the Public Administration that may be abbreviated (SIAC), as well as the administration of the electronic public procurement system;

c) Issue instructions, manuals and other instruments that facilitate the achievement of the objectives set out in this Law;

d) Advise and train the Institutional Procurement and Procurement Units, which

may be abbreviated (UACI) in the elaboration of the technical documents that are required to comply with the policies and guidelines issued;

e) Capacity, promote, provide technical assistance and follow up with the UACIs for compliance with all the regulations contained in this Law;

f) Support the implementation of measures of a general nature that it considers appropriate for the improving SIAC, in its administrative, operational, technical and economic aspects;

g) Review and update general policies and technical instruments according to this Law;

h) Manage and normalize the electronic purchasing system public, which must be

available to the Institutions of the Administration Public, bidders, suppliers and contractors. This component shall contain all the documents and actions to be recorded under this Law. Confidentiality regarding

the information of the bidders, which by its nature corresponds to a private interest and is not mandatory its advertising, will be maintained in any case;

Also, the UNAC, representing the institutions of the Public Administration subject to this Law, shall publish through an institutional electronic means of public access, an Information Bank containing the data of all projects,

acquisitions and contracts carried out, running and pending, the suppliers of such services and works, audits carried out by the competent institutions. This bank in that electronic medium will be kept permanently updated to the public;

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 5

i) Reply in writing to the consultations held by the institutions, bidders, successful and successful contractors and contractors with respect to the application of this Law, and other

provisions applicable to procurement and procurement processes;

j) Issue the policy framework to be met by the institutions of the Administration

Public subject to this Law, to facilitate the participation of the micro, small and medium-sized national enterprises, as well as national enterprises according to the economic activity they develop, seeking a greater opportunity in the procedures of

adjudication;

k) Other activities assigned to it by the higher authority, oriented to the

compliance with this Law;

l) All those functions determined by this Law.

However, the municipalities, without prejudice to their autonomy, will have to carry out their procurement and procurement in accordance with the provisions of this Law. They will also have to create

records compatible with those of the Ministry of Finance on their annual investment plans, which are financed with resources from the allocations of the General Budget of the State. "

Art. 5.- Reform the first part of Art. 8, as follows:

" Art. 8.- The UNAC shall be in charge of a Chief, who shall be appointed by the Minister of Finance, who shall meet the following requirements: "

Art. 6.- Reform Art. 10, as follows:

Head of Procurement and Institutional Contracts

" Art. 10.- The UACI shall be in charge of a Chief, who shall be appointed by the holder of the institution;

who shall meet the same requirements as required by Article 8 of this Law, and their privileges shall be as follows:

a) Comply with the policies, guidelines and technical provisions that are established by UNAC, and execute all procurement and procurement processes that are the subject of this Law;

b) Running the procurement and procurement processes. of this Law; for which it will carry a file of all its actions, of the process of hiring, from the

requirement of the requesting unit to the liquidation of the work, or service;

c) Constituir the link between the UNAC and the institution's dependencies, as regards the

technical activities, flows and information records and other aspects arising from procurement and procurement management;

d) Elaborate in coordination with the Institutional Financial Unit UFI, the programming

___________________________________________________________________ LEGISLATIVE INDEX

ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 6

annual purchases, acquisitions and hiring of works, goods and services, and to monitor the implementation of such programming. This annual programming should

be compatible with the annual procurement and procurement policy of the Public Administration, the institutional work plan, the budget and the programming of the budget implementation of the financial year

e) To verify the budgetary allocation, prior to the initiation of any purchasing process;

f) To jointly with the applicant unit the bidding or competitive bases, terms of the reference or technical specifications;

g) Performing the reception and opening of offers and lift the respective act;

h) Request advice from suitable experts or technicians, when required by nature

of procurement and procurement;

i) Allow access to the procurement file to the persons involved in the process,

after notification of the result and the contract managers;

j) Keep the required information in the Registry modules up to date; and take control and update of the bank

institutional data from suppliers and contractors agreement to the size of the company and sector economic, in order to facilitate the participation of these in the procurement policies;

k) Require, receive and return the required guarantees in the processes that are required; as well as manage the increase of the same, in the the extent to which the value and term of the contract increases. These guarantees will be sent to the custody of the Institutional Treasury;

l) Prequalify the potential national or foreign bidders, as well as review and update the pre-qualification at least once a year;

m) Report in writing and quarterly to the holder of the institution of the hiring to be carried out;

n) To provide to the commission of evaluation of offers, or to the high level commission the assistance that requires for the fulfillment of its functions;

o) Qualify national or foreign bidders;

p) Provide UNAC in a timely manner all of the information required by this one;

q) Fulfill and enforce all other responsibilities set forth in this

Act.

The UACI Chief may designate the staff within his Unit to carry out the above duties. "

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 7

___________________________________________________________________ INDEX LEGISLATIVE

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 8

Art. 7.- Intercalese between Arts 10 and 11, Art. 10 Bis, as follows:

Integrated Public Administration Procurement and Procurement System

Art. 10a.- Create the Integrated Procurement and Procurement System, which

be referred to

"SIAC", which will include all the necessary elements for administration, implementation, operation, coordination and monitoring of State purchases.

The SIAC will be integrated by the Regulatory Unit for Procurement and Contracts of Public Administration (UNAC), Procurement and Institutional Procurement Units (UACIS), the legal and technical, and the electronic system of public procurement, the which

will contain the National Registry of Procurement and Contracts of Public Administration.

The SIAC will be related to the Integrated Financial Management System that establishes

the Organic Law of State Financial Administration.

Art. 8.- Reform Art. 11, as follows:

UACI-UFI Relationship

" Art. 11.- The UACI will work in coordination with the Institutional Financial Unit UFI of the System

of Integrated Financial Administration SAFI, established in the Organic Law of Financial Administration of the State in relation to acquisitions and hiring of works, goods and services, especially with regard to the scheduling of acquisitions and hiring, and availability

budget. "

Art. 9.- Reform Art. 13, as follows:

National Register of Procurement and Contracts of Public Administration

" Art. 13.- The information of the Contractors, Contractors and Documents relating to the procurement and public procurement processes will be contained in the National Register of Procurement and Contracts of the Public Administration, which henceforth may be referred to as the Register, with

basic information on potential bidders and contractors; for the purpose of the institutions having the information to facilitate the recognition of the market for bidders and the Contractors defaults.

In the Register the consolidated file will be handled the procurement and procurement of the Public Administration; it shall be the obligation of each Holder to determine within the institution, the

conformation and administration of a consolidated file of the acquisition process or procurement, in addition to each area involved in the process for its operations, monitoring and specific monitoring.

These records will correspond to each other, the following information:

a) Consultants;

___________________________________________________________________ INDEX LEGISLATIVE

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 9

b) Suppliers of Goods;

c) Service Providers;

d) Contractors

By way of derogation from the foregoing, in order to participate in the tenders or in the

public contests, it will not be necessary for the bidder to be registered with the corresponding data bank.

In the Regulations of this Law the structure and content of the Register will be established, thus as the mechanism for each of the bidders to sign up for it. "

Art. 10.- Reform Art. 15, as follows:

Institutional Expedients and Defaults Records

" Art. 15.- The UACI shall keep a record of all the contracts made in the last ten years, allowing the evaluation and audit to be carried out by the competent authorities and bodies. It will also take a register of bidders and contractors, in order to incorporate information

related to the non-compliance and other situations that are of interest to future hiring or exclusions.

may be produced in electronic form and shall be of a public nature. "

Art. 11.- Intercalese between Arts 20 and 21, Art. 20 -Bis, as follows:

Responsibilities of Applicants

Art. 20-Bis.- For the purposes of this Law, applicants, units or internal dependencies of the institution that require the UACI to acquire works, goods or services shall be understood. These shall carry out the preparatory acts in accordance with the following responsibilities:

a) Ensure that the needs of works, goods and services are incorporated in the Annual Procurement and Procurement Programming;

b) Develop the request for acquisitions and hiring of works, goods or services, which shall be accompanied by the specifications or technical characteristics of the

, as well as any information specified by the contractual object and to facilitate the formulation of the bidding bases;

c) To determine the needs of works, goods and services; also to carry out market research that will allow it to make the necessary analyses and studies to verify the technical, economic, financial, social or environmental feasibility, necessary for the acquisition to take place;

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 10

d) Send requests for acquisitions and procurements to the UACI, according to the

Annual Procurement and Procurement Programming;

e) Adecuating jointly with the UACI, the tender or contest bases, taking into

account of the provisions of this Law, according to the type of procurement to be performed;

f) Give timely response to queries on technical specifications or

administrative that you perform the UACI;

g) Integrate and keep the application's administrative file updated, so

that it is made up of the collection of the required set of documents that are generated by the actions taken from the identification of the need to the request for the acquisition;

h) Any other liability established by this Law. "

Art. 12.- Reform Art. 25, as follows:

Ability to Contry

" Art. 25.- They may offer and contract with the public administration, all natural or legal persons, national or foreign, who have legal capacity to be bound; and the following situations do not exist:

a) Haber has been convicted before, by means of a firm sentence, for crimes against the Public Finance, corruption, active co-fact, influence peddling and those referred to

in the Law Against Money Laundering and Assets; as long as they have not been entitled to their rights by the commission of those illicit;

b) Haber has been declared in status of suspension of payments of his or her obligations or declared bankrupt or tender of creditors, provided that he is not rehabilitated;

c) The contract concluded with one of the contracting institutions shall be extinguished by the contracting institution. institutions, due to the imputable cause of the contractor, during the last five years counted from the said extinction;

d) Being insolvent in the fulfilment of the tax, municipal and social security obligations;

e) To have engaged in material or ideological falsehood by providing the required information according to this Law;

f) In the event that it is a foreign legal person and is not legally constituted in accordance with the rules of its own country, or has not complied with the provisions of the national legislation, applicable to its exercise or operation;

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 11

g) Having evaded the responsibility acquired in other hires, by any means

artifice.

Contracts concluded in contravention of the provisions of this Article are void, without

prejudice to the civil, administrative and criminal liability incurred.

The situations referred to in the literals (a), (b) and (e) shall be declared in judicial headquarters.

When the institutions of the public administration are aware of the above situations, they shall inform the UNAC, for the consequent legal effects, through the official

competent. "

Art. 13.- Reform Art. 26, as follows:

Imorders for Telling

" Art. 26.- Notwithstanding the provisions of the previous article, they may not participate as bidders:

a) The President and Vice-President of the Republic, the Owners and Substitutes of the Legislative Assembly and of the Parliament Central American, the members of the

Municipal Councils " and the Council of Ministers, the Public Ministry, the President and the Magistrates of the Supreme Court of Justice and the Court of Auditors of the Republic, the members of the the Board of Directors of the Salvadoran Institute of Insurance

Social, of the Executive Committee Hydroelectric of the Lempa River (CEL), members of the Board of Directors of the Financial Institutions and Public Credit such as: Central Bank of El Salvador, Social Fund for Housing (FSV), National Fund

Popular (FONAVIPO), Banco de Fomento Agroario (BFA), Banco Mortgage, Banco Multisectorial de Inversiones (BMI), as well as the members of the Civil Service Tribunal, of the National Council of the Judiciary, of

Supreme Court

of the National Register of Natural Persons, the members of the Board of Governors or Boards of Directors of the Autonomous Institutions and all other holders of the public institutions, nor the legal entities in which they are held

the quality of owners, partners, shareholders, administrators, managers, managers, directors, counsellors or legal representatives, may not offer in any institution of the Public Administration;

b) Public and municipal officials and employees, in their own institution; nor legal persons in the that those have the quality of owners, partners,

shareholders, administrators, managers, directors, directors, counsellors or legal representatives. This provision shall also apply to members of the Boards or Directors;

c) The spouse or survivor, and persons who have a relationship of kinship to the second degree of affinity and fourth of consanguinity, with the public officials and public employees mentioned in the previous literal, as well as legal persons

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 12

in which those who have the quality of owners, partners, shareholders, managers, managers, directors, directors, councilors or legal representatives;

d) Natural or legal persons who have been sanctioned, either administratively or judicially, in connection with procurement or procurement processes; or disabled by

any institution of the public administration, by the the duration of the disablement;

e) Natural or legal persons who have had control relationship by administration or property, with the persons referred to in the literal preceding the time of their non-compliance.

The restrictions foreseen for the legal persons established in this article, will not be applicable in the cases that the State is the shareholder or when the participation of a particular partner or shareholder to which the same article relates, does not exceed zero zero point zero five percent

(0.005%).

The hiring in which the provisions of this article are infringed are null and void.

Offerors, adjudicators or contractors are prohibited from concluding agreements between themselves or with third parties, in order to establish practices that restrict in any way free trade. The official or any person who is aware of such practices shall notify the

Superintendency of Competition for the corresponding effects. "

Art. 14.- Reform the name of Chapter III and Art. 27, as follows:

CHAPTER III OF PRECALIFICATION

Prequalification

" Art. 27.- Pre-qualification " means the prior stage of a Tender or Contest, conducted by the UACI to pre-select the bidders, proceeding in cases where the contracting institution needs to know the market options with respect to the acquisitions or hiring of

works, goods or services.

In the prequalification the participant will present the documents that check the following:

a) Experience and results obtained in works similar, including the background of subcontractors, where recruitment leads to subcontracting; also,

quality certifications if any;

b) Suitable personnel, installed capacity, machinery and equipment available in optimal conditions to perform the works, deliver the goods or provide services;

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 13

c) Legally Proven Sound Financial Situation;

d) The existence of other contractual obligations and the state of development thereof.

The pre-qualification made by the UACI shall take effect even with respect to the other institutions of the public administration, and shall be reviewed and updated at least once a year.

Art. 15.- Reform Art. 28, as follows:

Razonated Agreement to Prequalify

" Art. 28.- The pre-qualification will generally be carried out as the acquisition or hiring of works or goods of great magnitude or complexity, or services that require knowledge

highly specialized, such as: works hydro-electric, geothermal, motorways, airports, ports, communication services of great technological advancement, specialized studies as ecological and others.

To use the mechanism of the prequalification the holder of the institution The contracting party shall issue a reasoned agreement. The pre-qualification mechanism shall be entered in the relevant bases. '

Art. 16.- Reform Art. 31, as follows:

Required Guarantees

" Art. 31.- To proceed with the acquisitions and procurements referred to in this Law, the contracting institutions shall, in due time, require that the bidders or contractors present the guarantees to ensure:

a) The Guarantee Offer Maintenance;

b) Good Advance Investment;

c) Contract Compliance;

d) Good Work;

e) Warranty of good service, performance, and quality of goods.

At the bidding bases or contest may be determined any other event that must

be guaranteed, as the case may be, even if it is not mentioned above.

In the same tender or contest bases, the requirement for these guarantees must be indicated,

the deadlines in which they must be surrendered or presented and, as much as is necessary for the bidders are fully informed, all in accordance with the purpose of the obligations to be secured.

Fulfilled the obligations guaranteed and the deadline expired, the UACI must be in no longer term

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 14

of twenty business days, return documents that match the guarantees of: good investment of advance, contract, good work, good service, performance and quality of goods

and all those specially requested in the procurement.

They will be accepted as guarantees, those established in the Law The Reciprocal Warranties System of

the Micro, Small and Medium Rural Enterprise and Urban. ' Art. 17.- Reform Art. 32, as follows:

Fiances, Insurance, and Mechanisms to ensure Compliance with Obligations

" Art. 32.- Any contracting institution shall require the necessary guarantees to the successful tenderers

and contractors in correspondence with or after the stage of the procurement procedure, which shall be such, sureties or insurance. In addition, other instruments may be used to ensure compliance with obligations when this Law or the Regulation authorizes it, or other modalities that will in a way

UNAC establish by means of instructions, as long as there are settlement mechanisms that ensure compliance with the obligations, or other elements that permit the efficient use of the obligations.

The contracting institution may request other instruments to ensure compliance with the obligations. of the obligations, such as: acceptance of payment orders, certified cheques, certificates of deposit and bond of pledge for the case of goods deposited in storage storage.

In the text of the tender or tender bases, terms of reference, technical specifications or contracts, the institution may to request the type and wording determined for such guarantees,

complying with the minimum conditions laid down in the regulation of this Law. Such guarantees may not be subject to conditions other than those required by the contracting institution, shall be granted with a quality of solidarity, irrevocable, and shall be of immediate execution as a guarantee to the first

requirement.

The Banks, the Insurance and Foreign Holding Companies, the Company of Guarantees

Reciprocal (SGR), will be able to issue guarantees, as long as they do so through some of the institutions of the Financial System, acting as a confirmation entity for the issue.

Companies issuing such guarantees must be authorized by the Superintendence of the Financial System and be accepted by the contracting institutions. "

Art. 18.- Reform the literal (a) of Art. 33, as follows:

" a) If the bidder, for reasons imputable to it, does not compete to formalize the contract

within the time limit set;

Art. 19.- Reform Art. 34, as follows:

Good Investment Guarantee of Anticipate

" Art. 34.- For the purposes of this Act, Good Investment Guarantee of Anticipate will be understood,

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 15

that which is granted in favor of the contracting institution, to ensure that the advance effectively applies to the initial allocation and execution of the project of a work or to the consultancy services or to

acquisition of goods. The submission of this guarantee shall be a requirement for the delivery of the advance. The amount of the amount shall be 100% of the amount of the advance.

The advance may not be greater than 30% of the amount of the contract, according to the terms established and in accordance with the tender or contest bases, terms of reference or related documents.

The validity of this guarantee will last until fully paid or offset the advance,

according to the form of payment established in the contract.

The contracting institution may verify the use correct of the advance granted and in the case of

verify or check the misuse of this, must be made effective the guarantee of good advance investment.

Art. 20.- Reform Art. 35, as follows:

Contract Compliance Warranty

" Art. 35.- For the purposes of this Law, the Contract Compliance Guarantee, which is granted in favor of the contracting institution, shall be understood to ensure that the contractor complies with all the clauses established in the contract and that the work, the good or the contracted service, be delivered

and received to complete satisfaction. This guarantee will be increased in the same proportion as the value of the contract will be increased, if any.

In the case of works, this guarantee will remain in force until the contracting institution has verified the absence of faults or defects in the construction or that they are not imputable to the contractor, without which the respective finiquito cannot be granted. If the repair cost of the failures

or damage is greater than the value of the contract compliance guarantee, the contractor will answer for the corresponding costs.

The term of this guarantee will be incorporated into the contract respective. In the case of works, the amount of works will not be less than ten percent, and in the case of goods and services it will be up to twenty percent.

In the bidding or contest bases, the deadline and time of presentation of the works will be established. this guarantee. "

Art. 21.- Reform Art. 37, as follows:

Good Work Guarantee

" Art. 37.- For the purposes of this Law, the "Good Work Guarantee" will be understood, which is

grants to the contracting institution, to ensure that the contractor will answer for the failures and flaws that are imputable to him during the period to be established in the contract; the term of validity of the guarantee shall be counted from the final receipt of the work.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 16

The percentage of the guarantee will be ten percent of the final amount of the contract, its term and moment of presentation will be established in the bidding bases, which in no case can be less

of a year. "

Art. 22.- Intercalese between Arts 37 and 38, Art. 37 -Bis, as follows:

Guarantees of Good Service, Operation or Quality of Goods

Art. 37 -Bis.- For the purposes of this Law, guarantees of Good Service, Operation or Quality of Goods shall be understood, which is granted when it comes in favor of the contracting institution, to ensure that the contractor will respond for the good service and good performance or

quality that is imputable to you during the period that is established in the contract; the term of validity of the guarantee will be counted from the final receipt of the goods or services.

The percentage of the guarantee will be ten percent of the final amount of the contract, its term and time of presentation will be established in the bidding bases, which in no case can be for a period of less than one year.

Art. 23.- Reform Art. 39, as follows:

Hiring Forms

" Art. 39.- The forms of procurement to proceed with the conclusion of regulated contracts

by this Law, shall be as follows:

a) Tender or public tender;

b) Free Management;

c) Direct Recruitment.

the different forms of procurement may involve national or foreign national and foreign or only foreign contractors, which shall be specified in each case in a timely manner. The procedure of

tender shall apply provided that it is the hiring of goods or services related to the patrimony and construction of works and, the contest for the hiring of consulting services.

For the Case of Free Management, where the value of the good or service to be acquired is equal to or less than ten percent of the maximum amount established for this form of procurement, which are required immediately and whose acquisition is not recurring, the institution may acquire them directly

and against payment, in establishments legally established, wholesale or retail, and in which the price to be paid, complies with the advertising requirements laid down in the Consumer Protection Act. Whenever purchased under these conditions, it will be assumed that it has been purchased at market prices

, this mode may be used only quarterly by the institutions.

uniform and common technical characteristics, those with the same technical specifications, regardless of their design or characteristics

___________________________________________________________________ INDEX LEGISLATIVE

ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 17

descriptive, and share objectively defined patterns of performance and quality.

Common goods and services shall be considered to be used by entities and offered on the market, under equivalent conditions for those who request them in terms of minimum and sufficient benefits for the satisfaction of their needs.

They are not considered to be uniform technical characteristics and common use of public works and consultancy services.

Those goods and services of a uniform nature cannot be individualised by the use of trade marks, unless the satisfaction of the need in question so requires, circumstance to be

credited in the previous studies prepared by the acquiring institution, without the justification being based on purely subjective considerations. "

Art. 24.- Intercalense between Arts 39 and 40, Arts 39-A, 39-B and 39-C, as follows:

Art. 39-A.- Micro, small and medium-sized national enterprises, will be able to participate in the

procurement and procurement procedures of works, goods and services, in any of the institutions of the Public Administration, including autonomous entities and municipalities, in accordance with the rules laid down in this Law.

At the request of the contracting institution, and subject to conditions to be specified in the bidding bases as provided for in this Law. Law, priority may be given in the assessment of offers to manufactured goods and/or produced in the country, when they are compared

with offers of such goods manufactured abroad.

Art. 39-B.- For the procurement and procurement procedures referred to in this Law,

micro, small and medium-sized national enterprises, depending on the economic activity they develop, will be able to associate themselves to offer an optimal and efficient supply of goods or services, in which case they must comply with the requirements already established in this Law and in the Tax Code for

the conformation of the associations.

Special Rules

Art. 39-C.- In the hiring and procurement of goods and services with micro, small and medium-sized enterprises, public authorities and municipalities should:

a) Facilitate access to micro, small and medium-sized enterprises.

b) to

or recruit at least 12% of the annual budget allocated for acquisitions and/or to purchase from national micro, small and medium-sized enterprises (SMEs);

hiring of goods and services, provided that they guarantee the quality of the

c) Procurating the hiring of micro, small and medium-sized national enterprises

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 18

regional and local where the respective hires are made and acquisitions.

Art. 25.- Reform Art. 40, as follows:

Determination of Montos for Proceed

" Art. 40.- The amounts for the application of the forms of procurement will be as follows:

a) Tender or public tender: For municipalities, for an amount exceeding the equivalent of one hundred and sixty (160) minimum monthly salaries for the commerce sector;

for the rest of the institutions of the public administration, for an amount greater than the equivalent to two hundred and forty (240) monthly minimum wages for the commerce sector.

b) Free Management: When the amount the acquisition is less than or equal to one hundred and sixty (160) monthly minimum wages for the Trade, must be put on record

if competition has been generated, having requested at least three contributions. This requirement shall not be required where the acquisition or hiring does not exceed 20 (20) minimum monthly wages for the trade sector, and where a single bidder or specific trade mark is sufficient, tender, for

which must be issued a reasoned resolution. The amounts expressed in this article must be taken as exact prices that include percentages of additional payments to be made in terms of taxes;

c) In the Direct Contract there will be no limit on the amounts for extraordinary of the causes that motivate him. "

Art. 26.- Reform Art. 41, as follows:

Preparatory Acts

" Art. 41.- To carry out any type of procurement, the institution must establish the

requirements or minimum characteristics indispensable for the good, work or service that it wishes to acquire; as well as to identify the profile of the bidder or contractor who will provide it. These instruments will be referred to as:

a) Terms of reference: which will establish the characteristics of the services that the institution wishes to acquire;

b) Technical specifications: which will lay down the requirements to be met by the works or property that the Public Administration requests;

c) Tender bases: establish the legal, financial and technical criteria to be met by the bidders and the goods, works and services that they offer to the Public Administration;

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 19

d) Contest Bases: set the criteria referred to in the previous literal for the

hiring of consultancies; the Institution must establish clearly whether the consultancy is for natural persons, legal persons, or both interchangeably.

As set out in the literals (a) and (b) of this article, they may be used for Free Management when it applies. "

Art. 27.- Reform literals l) and w), and a literal x) is added to Art. 44, as follows:

" l) The period in which after the opening of bids the award will occur, which may not exceed 60 days in the cases of invitation to tender or tender, with the holder of the institution, in exceptional cases, extending it for a further 30 days;

w) The obligation for the offeror or the successful tenderer to present the tax, municipal and social security, issued at least thirty days prior to

submission of the offering.

x) conditions, delivery time, percentage and form of amortisation of advances, in the cases it applies. '

Art. 28.- Reform Art. 47, as follows:

Convocation and Contents

" Art. 47.- The call for tenders and competitions shall be carried out on the electronic site

of public procurement enabled for this purpose and at least in one of the written media of national circulation, indicating the works, goods or services to be hired, the place where stakeholders can withdraw relevant information documents, the cost if any, as well as the time limit for

to receive offers and to open them. "

Art. 29.- Reform Art. 49, as follows:

Bases Retreat

" Art. 49.- The interested parties may obtain the bidding or contest bases free of charge by downloading them directly from the public purchasing website enabled for this purpose; they may also obtain them directly from the UACI of the institution responsible for the call, during the time period

established, in which case it will be charged for the issuance of these. "

Art. 30.- Reform Art. 52, as follows:

Offering Presentation Modes

" Art. 52.- The tender or contest bases will indicate the different modes of

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 20

the presentation of offers, both technical and economic, which will depend on the nature, complexity, amount and degree of specialization of the work, or service to be acquired. The procedures

of the modalities will be set out in the Regulations of this Law.

The bids must be submitted with the Offer Maintenance Guarantee for

the cases they apply, in the Regulation of this Law will specify the additional documentation that will accompany the offers, as the case may be.

The bidder will be responsible, that the offers will be received in time and form, in accordance with the established in the bidding bases or contest. "

Art. 31.- Reform Art. 53, as follows:

Public Opening of Offers

" Art. 53.- In the act of public opening, the representative of the UACI will proceed to open the envelopes of the technical and economic offers, in the place, day and time indicated in the bidding bases or of

contest, in the presence of the bidders that wish to attend and whose tenders have been submitted within the time limit set out in those tenders. Those tenders received ex temporaneously and those which do not present the Offer Maintenance Guarantee shall be deemed to be excluded in full.

The opening shall be terminated by a record of the tenders received and the amounts offered, as well as some relevant aspect of such act. "

Art. 32.- Reform Art. 54, as follows:

Bans

" Art. 54.- After the opening of the offers and prior to the notification of the outcome of the process, no information will be provided regarding the examination, tabulation, clarification and evaluation

of the offers and recommendations regarding the awards of the same, to any person or persons who are not related in the process of analysis and evaluation of offers. This applies to both officials or employees of the Contracting Institution, as well as to staff related to the companies

bidders. The infringement of the previous prohibition will result in the application of the corresponding penalties.

Notwithstanding the provisions of the foregoing paragraph, during the prohibition period, if the Commission of Evaluation of Offers has the The need to consult on the application of this Law and the Regulation, may be carried out to the UNAC, through the Chief UACI, without revealing

identifying data corresponding to the bidders. "

Art. 33.- Reform Art. 57, as follows:

Notification to Participants

" Art. 57.- Before the expiration of the Offer Maintenance Guarantee, the institution by

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 21

means of the Head of the UACI, will notify all participants of the resolution of the public tender or tender in accordance with the provisions of this Law.

The UACI must also publish in the electronic system of public procurement, and at least in one of the written media of national circulation, the process results, once

elapsed time for resource interposition review and no use has been made of this. " Art. 34.- Reform Art. 62, as follows:

Rendering requirements with Representation

" Art. 62.- When a bidder legally represents one or more manufacturers and offers

products from each of them, the tenders must be accompanied by the documents certifying the representation and the certificates of factory warranty for each of the products, and the Offer Maintenance Guarantee for each one. "

Art. 35.- Interact between Arts 64 and 65, Art. 64 Bis, as follows:

Tender or Public Contest for Second Time

Art. 64-bis.- Declared a public tender or contest for the first time, for any of the reasons set out in this Law; for the second call for tender or public tender,

the tender or contest bases may be modified within the framework provided for in this Law, provided that they do not involve an amendment of the contractual object previously established on the bases. Such modifications shall be authorised by the competent authority to approve bases.

When the call is declared deserted for the first time, the participating undertakings shall be entitled to attend subsequent calls, getting the new no-cost bidding bases

some.

Art. 36.- Reform Art. 68, as follows:

Free Management Definition

" Art. 68.- For the purposes of this Law, Free Management means the simplified procedure by means of which the institutions select the contractor that will provide them with works, goods, services or consultancies, up to the amount established in This Law. The calls for this mode

of hiring and its results shall be published in the Register of the Electronic System of Public Procurement. "

Art. 37.- Reform Art. 70, as follows:

Fraction Ban

" Art. 70.- The acquisition and hiring of the Public Administration may not be divided, in order to modify the amount of the same and to avoid the requirements established for the different forms of contracting regulated by this Law.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 22

In the event of fractionations, the award will be null and the offending official will be shall impose the relevant legal penalties. The Rules of Procedure of this Law will establish the

procedures for checking the fractionations.

It will not be possible to award for Free Management the acquisition or hiring of the same good or service

when the accumulated amount of the during the fiscal year, it exceeds the amount stipulated in this Law for this modality. "

Art. 38.- Reform Art. 71, as follows:

Definition of Direct Hiring

" Art. 71.- For the purposes of this Law, Contracting shall mean the form that an institution contracts with one or more natural or legal persons, maintaining the criteria of jurisdiction

when it applies, except in cases that are not possible due to the causal cause of the hiring, taking into account the conditions and technical specifications previously defined. This decision must be entered by reasoned resolution issued by the head of the institution, board of directors, board

municipal council, as the case may be, and must also be published in the Electronic Purchasing System. Public, invoking the corresponding causal that sustains it. "

Art. 39.- Reform Art. 72, as follows:

Conditions for Direct Hiring

" Art. 72.- The Direct Contract may only 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) When the State of Emergency, Calamity, Disaster, War or Grave Disturbance of the Order dictated by a competent authority is in force;

c) When it is a single supplier of goods or services, or the 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, to suit the needs and technical and economic interests of the Public Administration;

d) If it is input, machinery or specialised equipment, or parts and accessories thereof, which are used for scientific research or technological development;

e) If an emergency qualification agreement is issued in accordance with the criteria laid down in this Law;

f) If you declare a bid or contest a second time,

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 23

g) In case of early termination of the contract arising from a purchasing process, by

causes imputable to the contractor;

h) If it were equipment or war material, qualified in that manner by the Minister of

the Defense and approved by the President of the Republic;

i) 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 elements relevant to their procurement;

j) If the contract is to be works, goods and services of a preventive nature to meet the needs in states of emergency or calamity;

k) The acquisition of medicines for the supply of the public health system, owing the acquiring entity to publish in your website, the amounts, prices, deadlines

and other contractual terms of acquisition. ** DECLARED UNCONSTITUTIONAL

Art. 40.- Reform the last paragraph of Art. 73, as follows:

" Notwithstanding the provisions of the foregoing paragraph, where appropriate, the institution may request offers from natural or legal persons, meet the requirements. "

Art. 41.- Intercalense between Arts 73 and 74, Arts 73-A and 73-B, as follows:

Contracting of Works, Goods and Preventive Services or Later in State of Emergency

Art. 73-A.- The hiring of works, goods, and preventive services to address needs in states of emergency, will proceed in the face of situations of vulnerability previously determined and for

hiring of works, goods and services, be these preventive or later, to address the needs referred to in the literal j) of article 72 of this Law.

The holder of the institution, board of directors, board of directors or council (a) municipal, as the case may be, which promotes a purchasing process in a preventive manner; to make direct contracts with a technical justification of the need for the work, or service. The hiring process

will have its effects during the fiscal year of the year in which it is contracted, being able to be extended according to the criteria set out in this Law or its Regulation.

The contract that arises from this process will establish the form of payment, obligations for both parties, term and contractual object, without prejudice to other clauses established by law.

Each institution shall carry out the market assessment to determine the undertakings to contract under this figure, in terms of technical aspects required by work, good or service. joint purchases

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 24

Art. 73-B.- Public Administration institutions will be able to group together to make their acquisitions and hiring, in order to obtain better prices, competitive advantages, and achieve economies

of scale and better benefits. In such cases, the competent authorities to approve bases and to award, by reasoned agreement, shall, before the start of the process, authorise the competent authority of the coordinating institution responsible for conducting the process through its UACI, so that you can

approve the tender or contest bases and their modifications, as well as to adjudicate, declare deserted or leave the process without effect. The subscription of contracts resulting from this process will be made individually between the selected contractors and each institution.

Art. 42.- Reform the first paragraph of Art. 74, as follows:

Form

" Art. 74.- Any administrative act involving notification and affecting rights or interests

of the bidders and contractors must be notified within two working days of being provided. This shall take effect from the day following that of its notification, which shall be made by the delivery of the full copy of the act, personally to the person concerned or by post with a receipt or by any

other means to be recorded (f) the reception. '

Art. 43.- Reform Art. 76, as follows:

Resource by Issued Resolutions

Art. 76.- Of any resolution of adjudication or declaration of desert pronounced in the

procurement procedures regulated by this Law, which will affect the rights of the individuals, the review appeal will proceed, time and form. "

Art. 44.- Reform the second and fourth paragraphs of Art. 77, as follows:

" The appeal shall be resolved by the same official within the maximum period of ten working days

after admission of the appeal, such official (a) it shall be determined on the basis of the recommendation issued by a special high level commission appointed by it, for that purpose. Against the resolved there will be no more recourse.

Translate the ten working days after the admission of the resource and no resolution has been issued, will be understood to have been resolved favorably. "

Art. 45.-Reform Art. 79, as follows:

Formalization of Contracts

" Art. 79. The contracts are perfected and formalized with the subscription of the corresponding

instruments, by the contracting parties or their duly accredited representatives.

For the acquisitions of goods or services in the Free management processes, Purchase Order or Contract may be issued.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 25

The invoice or equivalent document must be required for any payment processing in the transactions governed by this Law. "

Art. 46.-Reform Art. 81, as follows:

Deadline for Formalization of Contract

" Art. 81.- formalization or award of the contract must be made within a maximum period of time

of 5 working days after the expiration of the period referred to in Art. 77 of this Law, except fortuitous case or force majeure. "

Art. 47.- Intercalese between Arts 82 and 83, Art. 82 -Bis, as follows:

Contract Administrators

Art. 82 -Bis.- The applicant unit shall propose to the holder for appointment, the administrators of each contract, who shall have the following responsibilities:

a) Verify compliance with the contractual clauses; processes of free management, compliance with the requirements of purchase orders or contracts;

b) Timely development of progress reports on the execution of contracts and inform both the UACI and the Responsible Unit to make payments or default to report defaults;

c) Report to the UACI, to the effect of the report being managed on the Holder to initiate the procedure for applying the sanctions to the contractors, for the non-compliances

of their obligations;

d) Conforming and keeping the record of the monitoring the execution of the

contract in such a way that it is made up of the set of documents needed to support the actions taken since the order of start is issued to the final receipt;

e) Elaborate and jointly with the contractor, the minutes of the total or partial receipt of the acquisitions or hiring of works, goods and services, in accordance with the

established in the Regulation of this Law;

f) Rissuing to the UACI within a maximum of three working days after receipt of

the works, goods and services, in whose contracts there are no non-compliances, the respective act; in order to ensure that the contractor is required to return the corresponding guarantees to the contractor;

g) Managing the exchange orders or modifications to the contracts with the UACI; once identified such need;

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 26

h) Manage claims to the contractor related to failures or damage to works, goods or services, during the period of validity of the guarantees of good work, good

service, operation or quality of goods, and inform the UACI of the defaults in case of not being taken care of in the agreed terms; as well as inform the UACI about the expiration of the same in order for it to be returned in a period not

greater than eight business days;

i) Any other liability that is established by this Act, its Regulations, and the Contract.

Art. 48.- Reform Art. 83, as follows:

Extension of the Supplies and Services Contracts

" Art. 83.- for the supply of goods and services may be extended only once, for a period equal to or less than that initially agreed, provided that the conditions of the agreement remain favourable to the institution and that there is no better option. The holder of the institution

shall issue the duly reasoned and reasoned decision to proceed with such extension. "

Art. 49.- Intercalense between Art. 83 and 84, Arts 83-A and 83-B, as follows:

Modification of Contracts

Art. 83-A.- The contracting institution may amend the contracts in execution governed by

this Law, regardless of its nature and before the expiry of its period, provided that unforeseen circumstances are present and checked. In the case of contracts for the execution of works, it may be modified by orders of change, which shall be of the knowledge of the Council of Ministers

or of the Municipal Council, not later than three working days after the agreement has been reached the modification; the notification to the Council of Ministers shall not apply to the Legislative and Judicial Bodies.

For the purposes of this Law, it shall be understood by unforeseen circumstances, that fact or act which cannot be avoided, provided for or that corresponds to fortuitous case or force majeure.

The verification of these circumstances, will be responsibility of the institution holder.

Any excess of twenty percent of the original amount of the contract, one

only or several modifications, will be considered as a new contract, so that must undergo a new process, in accordance with the procedure laid down in this Law, under the penalty of nullity of the corresponding modification.

In the contracts of public works, goods or preventive services and/or to attend to the Emergency State needs will not be set to any limit as to the percentage of modification of the

contract, that is to say that they will be able to be modified in a greater percentage than that which is established in the incisos precedents, all in attention to the modifications that are required in order to meet the needs generated by the State of Emergency or those that are right for them to continue to be generated.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 27

The exception above the modification percentage limit will also apply for the contracts for the execution of works where the lack of the work or the non-execution in the appropriate time generates a

affectation to the public interest, or it is more onerous for the institution to carry out a new contract. The holder may authorize such modification, supporting it financially and issuing the appropriate reasoned resolution, which shall be published in the Electronic System of Public Procurement.

Prohibition of Modification

Art. 83-B.- Contracts may not be modified when they are intended for any of the following purposes:

a) Alter the contractual object;

b) Favor situations that correspond to a lack or inadequate planning of

acquisitions, or to validate the contractor's lack of diligence in the performance of its obligations.

The modification to be made against the provisions of the foregoing paragraph shall be void, and the liability shall be holder of the institution. '

Art. 50.- Reform Art. 85, as follows:

Multa by Mora

" Art. 85.- Where the contractor incurs a default in the performance of his contractual obligations for reasons attributable to him, the contract may be terminated or the payment of a fine for each day of delay may be imposed, in accordance with the next table:

In the first thirty days of delay, the amount of the daily fine will be zero point one percent of the total value of the contract.

In the following thirty days of delay, the amount of the daily fine will be zero point one hundred and twenty-five percent of the total value of the contract.

The following days of delay, the amount of the daily fine will be zero point fifteen percent of the total value of the contract.

When the total value of the amount accumulated by fine, represents up to twelve percent of the total value of the contract, the expiration will proceed of the same, and must make the warranty of

contract compliance effective.

The percentage of the fine previously set, will be applicable to the total amount of the contract

including the increments and additions, if they were done.

The fine set out in the preceding points will be fixed proportionally the total value of the corresponding advance within the respective schedule of execution of the obligations

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 28

contracts, provided that they can be scheduled at various stages.

supply contract, the percentages previously fixed for the fine, will be applicable only on the value of the supplies that have been left to be delivered for the partial breach of the contract.

Previous fines determine with the contractor's hearing, and require payment of the same, once are declared firm.

In any event, the minimum fine to be imposed on non-compliances related to the hiring of works, goods or services purchased by tenders or contests, shall be for the equivalent of a minimum wage

trade. In the case of Free Management the minimum fine to impose will be ten percent of the minimum wage of the trade sector. "

Art. 51.- Reform Art. 86, as follows:

Delays not Imputable to the Contractor

" Art. 86.- If the delay of the contractor is due to the fact that it is not attributable to the same duly established, it shall have the right to request and to be granted an extension equivalent to the time lost, and the mere delay shall not entitle the contractor to to claim additional economic compensation. The

request for extension must be made within the agreed contractual period for the corresponding delivery. "

Art. 52.- Reform Art. 88, as follows:

Price Adjustment

" Art. 88.- In contracts where the execution period exceeds 12 calendar months, the adjustment of the agreed prices shall proceed, provided that, in the markets, price changes affecting the costs and only the non- executed of the work, goods, or

services not received. These adjustments should be made public knowledge.

In addition to the above, the UNAC must issue the instructions, in order to establish the

different price adjustment mechanisms, which, if any, should be included in detail in the Tender Bases.

The revision of this item will be carried out in the form provided for in the relevant contract. In the Regulation of this Law the different criteria and mechanisms of price adjustments will be established, which will be different according to the type of contract. "

Art. 53.- Reform Art. 97, as follows:

Special Cases

" Art. 97.- In the case of mergers of companies in which the contracting company participates, the contract with the acquiring entity or resulting from the merger may continue, which shall be subrogated in

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 29

all rights and obligations resulting from it, as long as the new company by the contractor.

In cases of division of companies, it may continue the contract with that resulting company that retains the object of the contractual obligations within its purposes.

When a person natural subscriber of a contract, constitutes a company, may be subrogated to all rights and obligations resulting from it, as the contractor is

agreed and the new partnership is accepted by the contractor. "

Art. 54.- Reform Art. 104, as follows:

Work Contract Concept

" Art. 104.- For the purposes of this Law, the term "public works contract" means a contract which is held by an institution with the contractor, who for the payment of a sum of money is obliged to carry out works or constructions of general interest or administrative, be it by altering the

land or subsoil, either by building, remodeling, repairing, demolition or conservation, or by any other means.

This contract will also include works public preventive and/or to address the

needs in case of State of Emergency, which seek to mitigate risks, restore road connections, or perform any work or construction necessary to reduce vulnerability to natural phenomena.

Obligations arising from a Public Works contract will be governed by the clauses of the same contract, the specific documents referred to as contractual documents, the provisions of

this Law and those contained in the Common Law that are applicable to them. "

Art. 55.- Reform Art. 105, as follows:

Requirements for the Contract of Work

" Art. 105.- The works that the public administration must construct or repair must have at least three components, which shall be: a) the design; b) the construction; and c) the supervision. Such components shall be executed by natural or legal persons different for each stage.

Exceptionally, the holder of the institution may reason by a resolution, that the work by its nature or complexity, be designed and built by the same contractor. This resolution

must be known, as the case may be, by the Council of Ministers, the City Council, the Boards of Directors of the State Institutions and State-owned Enterprises, including the Rio Hydroelectric Executive Committee. Lempa (CEL) and the Salvadoran Social Security Institute (ISSS), the Board of Directors

of the Legislative Assembly and the Supreme Court of Justice, before proceeding to call the corresponding tender.

In the contracts to which it refers the previous paragraph shall be agreed at the firm price all the work or in

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 30

very complex cases, superstructure and price can be established at firm price unit the substructure or the works to be executed in the sub-soil. In the "firm price" the

introduction of change orders and price adjustments is prohibited, the execution period will not be subject to modifications except in cases of force majeure or fortuitous case. The unit price will be paid for executed work, which can be modified by order of change and will not exceed 20% of the

agreed upon unit price.

The contracts for the construction of works that the Administration Public must formalize, be

of design, construction or supervision, must include in their respective contractual instruments, in addition to the mentioned in the previous article the following:

a) The environmental authorization, of health, municipal or any other that by its nature the work needs before starting its construction;

b) The previous study that was carried out and which demonstrated the feasibility of the work. If the builder has no intervention in the design, or the supervisor of the work, manifests its disagreement with the design provided by the institution, may within the tender process

present a more favorable option for the work to be hired. The period and stage for such presentation shall be regulated in the tender bases;

c) The contractor or contractors ' statement, which is known and agreed with the design

provided by the institution, being feasible to perform it. with the materials, price and time agreed upon;

d) Any other that is established in the Regulation of this Law, bases of tender or technical specifications. "

Art. 56.- Reform Art. 108, as follows:

Precautions and Suspension

" Art. 108.- The holder of the institution, after the opinion of the administrator of the contract referred to the UACI, may agree by reasoned decision, communicated in writing to the contractor, the suspension

of the work or part thereof, until a period of time of 15 working days without responsibility for the contracting institution. If the time limit is extended to more than 15 working days, the contractor and the supervisor shall be recognised for the costs incurred by the subsequent days of suspension.

In case of public calamity, disasters, force majeure or fortuitous case, the holder of the institution may extend the period for a rational time, at no additional cost to the contracting institution.

In case of suspension of the work, either ex officio or at the request of the contractor, the contractor must carry out the actions necessary to prevent the deterioration of the executed work and to stop the failure

producing damage to the contracting institution or to third parties. Such suspension shall be incorporated in the Register. '

Art. 57.- Reform Art. 110, as follows:

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 31

Tracking the Execution

" Art. 110.- Without prejudice to the agreement of public works supervision contracts, the institutions shall additionally appoint the contract managers to check the good progress of the work and the performance of the contracts. "

Art. 58.- Reform Art. 112, as follows:

Retentions and Return

" Art. 112.- In the works contracts, the Contracting Institutions must retain at least

five percent of the total amount of the contract, both the contractor and the supervisor, in order to guarantee any liability arising from the contract. total or partial non-compliance with contractual obligations. The form of retention will be established in the bidding bases.

The return of the amount retained will be made within the fifteen working days after the final reception and to the entire satisfaction of the work. These withholding taxes shall not bear any interest. '

Art. 59.- Reform Art. 113, as follows:

Work Termination by Fiator

" Art. 113.- When a contract with responsibility for the contractor is terminated, the contractor's guarantor may ask the contracting institution to complete the work, for which it must be signed

a new contract with the guarantor, who In addition, it will have to provide the same guarantees to which the contractor was forced.

The guarantor may subcontract another company to complete the work, and the contracting institution must be approved by the contracting institution.

In any case, the technical and quality conditions of the work, established in the relevant tendering bases.

If the guarantor refuses to comply with the conditions set out in this Article, the guarantee of performance of the contract shall be made effective. "

Art. 60.- The second paragraph is added to Art. 116 as follows:

Definitive Reception

" Art. 116.- After the maximum period of sixty days from the provisional reception without any defects or irregularities found in the work, or under-healed by the contractor

, the final reception shall be made by officials appointed in accordance with the terms of the contract and contract terms. Such receipt shall be made by the corresponding record.

When a contract for revocation or revocation is terminated, the settlement act of the

___________________________________________________________________ INDEX LEGISLATIVE

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 32

project to be subscribed by the parties or unilaterally by the institution The contract shall be equivalent to the receipt of the work, in order to manage the completion of the work. "

Art. 61.- Reform Art. 117, as follows:

Return of Guarantees

" Art. 117.- The final reception of the work is performed, the contracting institution will return to the

contractor the guarantee of performance of the contract, upon presentation of the guarantee of good work. If the period of the guarantee of good work has been completed, without any defects or irregularities in the guarantee or under-healed by the contractor, the corresponding liquidation shall be notified to it and the guarantee of good work shall be returned to it

"

Art. 62.- Reform Art. 119, as follows:

Elements

" Art. 119.- By the Contract of Supply the institutions acquire or lease movable goods or services through one or more deliveries, in the place agreed upon for the account and the risk of the contractor. This contract shall include technical, professional and maintenance services in general, related to the assets, as well as surveillance, cleaning and similar services.

In the case of contracts for a Only delivery and immediate, will be at the discretion of the Contracting Institution, require warranty of contract performance. Delivery immediacy will be defined in

the respective purchase order or contract, which may not be greater than fifteen business days. "

Art. 63.- Reform Art. 122, as follows:

Vicians or Deficiencies

" Art. 122.- If during the period of the guarantee granted by the manufacturer or contractor of the goods or services supplied, any vice or deficiency shall be observed, the administrator of the contract shall make in writing the supply of the claim and will ask for the replacement of the goods, or the

corresponding provision of the service.

Before the expiration of the period of the guarantee indicated in the previous paragraph and verified that the goods

and services cannot be repaired, replaced or lent, the contract administrator, shall make the necessary arrangements for to make the guarantee of good service or the proper functioning of the good, as long as it is for reasons attributable to the contractor. The contracting institution shall be exempt from

any outstanding payment and shall require the return of any payment made to the supplier. "

Art. 64.- Reform Art. 135, as follows:

Competition and Prerequisites

" Art. 135.- The conclusion of the concession contracts referred to in this Law will be made prior to

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 33

compliance with the following minimum requirements:

a) The elaboration and approval technical and administrative of the project to provide the service and the works that are required;

b) The elaboration of the provision clauses to be subject to the service in their

administrative, operational, legal, economic and technical;

c) Establish procedures for the inspection and acceptance of the respective works,

where appropriate;

d) Establish the respective tariff structure, as well as the formulas of the readjustments

tariffs and their review system, after approval of the authority grant;

e) Set the time by which the concession will be granted;

f) Determine the subsidy to be granted by the State, if any;

g) Determine the payments offered by the concessionaire to the State, in the event that deliver goods and rights to be used in the concession;

h) Determine the degree of risk commitments assumed by the concessionaire during the

construction or exploitation of the work, or management of the public services, such as fortuitous case and force majeure and the risks to be assumed by the State;

i) procedures to qualify any other useful and necessary additional services.

Art. 65.- Reform Title VII, Chapter I, and Art. 150, as follows:

TITLE VII

Violations and Sanctions

CHAPTER I

Sanctions on Public Officials or Employees

Infractions

" Art. 150.- The offences committed by the officials or employees of the different institutions of the Public Administration, for the purposes of this Law, are classified as: mild, severe and

very serious. "

Art. 66.- Reform Art. 151 as follows:

Minor Violations

" Art. 151.- The following minor violations are considered:

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 34

a) Failure to timely incorporate the relevant documentation into the administrative file corresponding;

b) Do not allow access to the hiring file unjustified to the persons involved in the process; post-award of the process;

c) Skip in reports, opinions and minutes, data relevant to the study of the offers, when it is determined that they knew them with prior to the submission of the report or

opinion;

d) Do not forward or not provide the UNAC with the information that you have required in a timely manner.

Art. 67.- Reform Art. 152, as follows:

Serious Infrastructures

" Art. 152.- The following are considered as serious infringements:

a) Reoffending in any of the offences of the typified in the previous article, after having been sanctioned;

b) Receiving or giving for received works, goods or services that do not conform to the agreed or contracted, or have not been executed;

c) Recommend the hiring with a natural or legal person within the regime of the prohibitions to contract, provided that he has met this circumstance before the recommendation;

d) Receive the design of works that its execution results material or legally infeasible;

e) Unjustifiably delay the processing of payments to be covered by the institution to its suppliers or contractors;

f) Unjustifiably delay the receipt of works, goods and services.

Art. 68.- Reform Art. 153 as follows:

Very Serious Infrastructures

" Art. 153.- The following are considered to be very serious infringements:

a) Reoffending in any of the offences listed in the previous article, after having been sanctioned;

b) Providing information to any bidder who represent advantage over the rest of

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 35

potential bidders or contractors;

c) Receive or request handouts, commissions or royalties of the offerors or ordinary or potential contractors of the institution in which it works;

d) Causing a duly proven property damage, provided that the action is carried out with dole, fraud, impericiousness, negligence or bad faith in the procedure for hiring or controlling its execution;

e) To encourage or dispose of the fragmentation of acquisitions and procurements in contravention of the provisions of this Law, dealing with contracts that for their unit amount

would involve a more rigorous procedure than the one followed by the fractionation;

f) Participate in training activities organized or sponsored by the bidders

or contractors, inside or outside the country, that will not be part of the training commitments, legally or contractually acquired;

g) Participating directly or indirectly in a procurement procedure subject to the prohibitions to hire contemplated in this Law.

Art. 69.- Reform Art. 154, as follows:

Imposition of Sanctions

" Art. 154.- The imposition of the penalties referred to in the preceding articles shall be made in accordance with the nature of the offences, as follows:

a) For minor offences: a written warning of the superior shall be made hierarchical;

b) For serious violations: unpaid suspension will be imposed for up to a

maximum of three months;

c) For very serious infractions: termination or termination of employment

without liability to the institution, without prejudice to civil and criminal liability for 'place'.

Art. 70.- Reform Art. 155, as follows:

Criteria for Application of Sanctions

" Art. 155.- For the application of the penalties referred to in the preceding articles, the holder of the institution, the board of directors, board of directors or municipal council; it shall take into account as

main criteria for the (a) the nature of the infringement, the nature of the damage caused and the circumstances in which the offence is committed, except in the case of serious and very serious infringements. '

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 36

Art. 71.- Reform Art. 156, as follows:

Procedure

" Art. 156.- Prior to the imposition of any of the penalties determined in this chapter,

the corresponding infringement must be checked, with the audience of the official or public employee to whom it is attributed.

For this purpose the head of the institution, the board of directors, board of directors or municipal council, shall commission the Head of the Legal Unit or office to do its times, to the General Manager, or in his defect to the Head of Human Resources, who shall instruct the actions based on reports, complaints, or

documents in which the infringement and the person to whom the information is attributed.

Received the information above will be ordered to be notified, with precise indication of the violation

to the person charged, who will have three working days from the following to the notification, for

If the alleged infringer does not use the term for his or her defence, keep silent or confess, the matter will be ready to be resolved, unless by the nature of the facts the opening to evidence, which shall not exceed four working days following its notification to the data subject. Likewise, the person to whom the fault will be attributed will be requested

the production of tests.

The probative term is concluded or if the test has not taken place, it must be resolved in

definitive in accordance with this Law. The decision can only be brought before the holder in writing, within three working days of the notification.

The time and form of the recall will be challenged, the official will decide what is to be done.

All prohibitions and violations sanctioned by this Law shall apply without prejudice to the provisions of the Law of the Court of Auditors of the Republic, the Rules of Procedure of each Institution, and other provisions issued by it in its area of competence, without prejudice to liability

civil or criminal to occur. "

Art. 72.- Reform Chapter II, and Art. 158, as follows:

CHAPTER II Penalties to Particular

Disablement to Participate

" Art. 158.- The institution shall disable to participate in administrative procurement procedures, to the offeror or contractor who incurs any of the following conduct:

I. Disabling for a year:

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 37

a) Haber was fined by the same institution two or more times within

of the same fiscal year; *DECLARED UNCONSTITUTIONAL

b) Haber was sanctioned pursuant to Article 25 literal c) of the Act of

Competition.

II. Disable for two years:

a) Reinfluence the conduct referred to in the previous Roman literals;

b) If you repeatedly affect the procurement procedures in which you participate;

c) Failure to supply or supply a either service or work that does not comply with

technical specifications or terms of reference agreed in the contract or purchase order.

III. Disablement for three years:

a) Reoffending in any of the behaviors typified in literals (b) and (c) of the previous Roman;

b) Do not subscribe to the contract within the given or stated time limit, without justified or proven cause;

c) Illegally obtain confidential information that puts it at the advantage of other competitors.

IV. Disablement for four years.

a) Reoffending the conduct referred to in the previous Roman literal b);

b) Supply handouts, directly or through third person intermediate, to the

officials or employees involved in an administrative procurement procedure;

c) falsely crediting the execution of works, goods or services to the detriment of the contracting institution.

V. Disabling for five years:

a) Reoffending in any of the conduct referred to in literals (b) and (c) of the previous Roman

;

b) Invoking false facts to obtain the award of the procurement;

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 38

c) Participate directly or indirectly, in a procurement procedure, despite being excluded by the prohibition regime of this Law.

The disqualifications referred to in this article will take effect in all the institutions of the public administration, and must be done by reasoned resolution, and all the actions taken UACI must

incorporate the information into the Register and report to the UNAC such disqualifications, for their corresponding disclosure.

If a provider enrolled in the Register has a cause of inability to do so after registration, it shall be left without effect until its inability to cease. "

Art. 73.- Reform Art. 160, as follows:

Procedure

" Art. 160.- The procedure for the application of the penalties to individuals established in this Law, will be carried out as follows:

The person responsible for the stage in which he is located; he will send the Holder through the UACI of the institution, the reports or documents in which it will indicate the defaults and the name of the contractor to whom it will be attributed.

The Holder will commission the Legal Unit or whoever does the same, to initiate the process of application of the established sanctions.

To this effect the Head of the Legal Unit or whoever makes the of this, it will proceed to notify the contractor of the non-compliance, giving it a period of three working days from the next to the

notification, so that it responds and to exercise its defense if it considers it appropriate.

If the contractor will not use the term for its defense or making use of it will accept, the

subject will be ready to be resolved by the Holder. If in its defence the contractor requests the production of evidence, the Legal Unit shall issue a self-testing opening, granting a period of three working days counted from the respective notification.

The term is concluded If the evidence has not taken place, it must be settled in accordance with this Law. The resolution may only be brought in writing by

within three working days of the notification. "

Art. 74.- Reform Title VIII, Chapter I, Section I, and Art. 161 as follows:

TITLE VIII Dispute Settlement

CHAPTER I Direct Fix and Arbitration

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 39

Section I

Direct Fix

Dispute Resolution

" Art. 161.- To resolve any differences or conflicts that arise during the execution of the contracts, it shall be subject to judicial headquarters, except express agreement of submission to alternative methods of

resolution of conflicts, in which case shall observe the law of the matter, with the exceptions set out below. "

Art. 75.- Reform Art. 165, as follows:

Arbitration

" Art. 165.- direct arrangement without finding a solution to the differences, some of the differences, may be used for arbitration in law or for technical arbitration, subject to the provisions

that are applicable to them in accordance with to the relevant laws, taking into account the modifications laid down in this chapter.

The arbitration agreement shall be drawn up at least with the following elements:

a) Designation of the type of arbitration;

b) Number of arbitrators and their form of choice;

c) Election of the arbitral proceedings, which may be institutional or ad-hoc. In the first

case the name of the institution whose rules will be submitted to the arbitration will be clearly defined, being either national or international institutions;

d) Place to be developed;

e) In case of arbitration ad-hoc, must also include maximum deadlines for developing the

arbitration, and determination of who pays the remuneration of the arbitrators.

The arbitrators must meet the following requirements:

a) Broad moral consideration;

b) Recognised in legal sciences, in the case of arbitration in law; or in science, art or specialized trade concerning the merits of the dispute, for the case of technical arbitration;

c) Independence and impartiality of judgment.

In the ad-hoc arbitrations it will be the obligation of the arbitrators to inform the or parts that

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 40

names, in advance of their designation, about the concurrency in their person qualities or situations that may in some measure compromise such independence and impartiality; who

will decide whether or not the elements are relevant to their designation. "

Art. 76.- Reform Art. 168, as follows:

Recorder in Arbitration

" Art. 168.- In the application of arbitration only the points raised in the direct treatment that have not been resolved may be introduced. The defendant may enter into its defence new facts or arguments, and still to sue, provided that the counter claim has direct relation

with the facts raised in the complaint. "

Art. 77.- Reform Art. 169, as follows:

Arbital Laute

" Art. 169.- In the case of institutional arbitrations, against the arbitral award issued by the arbitrators, no recourse shall be made; except for the annulment. "

Art. 78.- Transitional Provision

As long as the Registry referred to in this Law is not implemented in all its functionality, the UNAC may request the Members of the Institutions to publish on the official website of Purchasing of the

State (PURCHASE), the calls and resolutions of all the processes of acquisition and contracting of works, goods and services that they execute, and inform the UNAC of the facts that this Law sends to refer in the Register.

Art. 79.- Defeat the following provisions of the Law on Procurement and Contracts of Public Administration: Articles: 3; final paragraph of Art. 9; 12; 14; 30; 58; 66; 67; 109, 142; 157;

166 and 167.

Art. 80.- 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 eighteen days of the month

May of the year two thousand eleven.

OTHON SIGFRIDO REYES MORALES, PRESIDENT.

CIRO CRUZ ZEPEDA PEÑA, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.

JOSÉ FRANCISCO MERINO LÓPEZ, ALBERTO ARMANDO ROMERO RODRÍGUEZ,

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 41

THIRD VICE PRESIDENT. FOURTH VICE-PRESIDENT.

FRANCISCO ROBERTO LORENZANA DURAN, FIFTH VICE PRESIDENT.

LORENA GUADALUPE PEÑA MENDOZA, CESAR HUMBERTO GARCIA AGUILERA, FIRST SECRETARY. SECOND SECRETARY.

ELIZARDO GONZÁLEZ LOVO, ROBERTO JOSÉ D' AUBUISSON MUNGUÍA, THIRD SECRETARY. FOURTH SECRETARY.

IRMA LOURDES PALACIOS VÁSQUEZ, FIFTH SECRETARY. SIXTH SECRETARIAT.

MARIO ALBERTO TENORIO GUERRERO, SEVENTH SECRETARY.

CASA PRESIDENTIAL: San Salvador, at the twenty-fifth day of May of the year two thousand eleven.

PUBESQUIESE,

Carlos Mauricio Funes Cartagena, President of the Republic.

Juan Ramón Carlos Enrique Cáceres Chávez,

Minister of Finance.

D. O. No. 102 Took No. 391

Date: June 2, 2011.

ROM/adar 14-06-2011

UNCONSTITUTIONALITIES:

*THE CONSTITUTIONAL ROOM OF THE SUPREME COURT OF JUSTICE, BY WAY OF SENTENCE No. 21-2012, PUBLISHED IN D. O. No. 45, T. 406, OF MARCH 6, 2015, DECLARES UNCONSTITUTIONAL THE ART. 158 ROMANO I (A), THE LAW OF ACQUISITIONS AND HIRING OF THE PUBLIC ADMINISTRATION, FOR THE TRANSGRESSION OF ART. 11 INC. 1 ° FINAL PART CN., IN SO FAR AS IT ALLOWS TO IMPOSE THE SANCTION OF DISABLEMENT TO PARTICIPATE IN THE PROCEDURES FOR ADMINISTRATIVE PROCUREMENT FOR A YEAR AT ANY BIDDER OR CONTRACTOR FINED BY THE SAME INSTITUTION TWO OR MORE TIMES WITHIN THE SAME FISCAL YEAR, BASED ON SUCH INABILITY IN ALREADY SANCTIONED FACTS. (JQ/13/04/15)

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 42

** THE CONSTITUTIONAL CHAMBER OF THE SUPREME COURT OF JUSTICE, BY MEANS OF A RULING No. 61-2011, PUBLISHED IN D. O. No. 78, T. 407, OF MAY 4, 2015, DECLARES UNCONSTITUTIONAL THE LETTER "K" OF THE A RT. 72, FOR INFRINGEMENT OF ARTICLE 234 INC. 1 OF THE CONSTITUTION, IN RESPECT OF THE GENERAL CHARACTER OF THE TENDER AS A MECHANISM OF PROCUREMENT OF PUBLIC ADMINISTRATION, AS THE AFOREMENTIONED LEGAL PRECEPT ALLOWS THE USE OF THE CONTRACT DIRECT AS A NORMAL PROCUREMENT MECHANISM FOR THE SUPPLY OF MEDICINES FOR THE ENTIRE PUBLIC HEALTH SYSTEM. (JQ/08/06/15)

JQ 13/04/15

JQ 08/06/15

___________________________________________________________________ LEGISLATIVE INDEX