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Law Of Supplies For The Bouquet Of Public Health And Welfare

Original Language Title: LEY DE SUMINISTROS PARA EL RAMO DE SALUD PÚBLICA Y ASISTENCIA SOCIAL

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

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DECREE N1 1083 THE REVOLUTIONARY GOVERNING BOARD, WHEREAS: I.-That there is no specific law to regulate procurement of supplies

by the Ministry of Public Health and Social assistance; II. The Ministry needs to speed up the The acquisition of Supplies for the

greater effectiveness of the services it provides, and the current legislation on the matter does not provide the required agility;

BY TANTO,

in use of the powers conferred to it by the Decree N1 1 of 15 October 1979, published in Official Journal N1 191, Volume 265, of the same date, DECREES, SANCTIONS AND PROMULGATES, the following:

LAW ON SUPPLIES FOR THE PUBLIC HEALTH AND SOCIAL ASSISTANCE BRANCH

CHAPTER I Specific Provider

Art. 1.-Create a specific Proveeduria, dependent on the Ministry of Public Health and Social Care, which will aim to acquire goods and services for the own needs of the Ramo.

In this law, to the Proveeduria Specifies, you can simply be called Proveeduria.

Art. 2.-The Specific Provider shall be in charge of a Supplier, a Sub-Provider and the necessary auxiliary staff, in default of the Supplier, the Sub-Provider shall have the powers, duties and responsibilities of the Supplier; privileges that the Provider assigns to you. The Supplier may, if necessary, delegate its functions to negotiate, award and contract supplies within or outside the territory of the Republic, in any official or employee of the Government of preference of the Ministry of Public Health, In this case, the delegate must be given specific written instructions, the latter being subject to the Supplier's duties and responsibilities. The respective Regulations shall indicate the other powers, duties and responsibilities of the Supplier.

Art. 3.-The main function of the Proveeduria shall be to supply the Health Ramo, in a timely manner, with the goods and services needed, of the required quality and at the lowest possible price, in accordance with the procedures laid down in this Law and its regulations and the specifications of the supply.

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The Supplier to its prudential judgment will require the suppliers at the appropriate time, the

presentation of quality certificates and Laboratory test; the cost of such tests will be on account of the supply.

The Regulation of this Law will determine the goods and services that may be acquired by the branches of the Ramo, without intervention by the Proveeduria, but in any case such acquisitions must adhere to the provisions of this law. CHAPTER II Goods and Services Acquisitions

Art. 4.-The Proveeduría may carry out the acquisitions of goods and services both in plaza and abroad, in accordance with the procedures of this Law and generally accepted commercial practices, as soon as they are compatible with their official character.

Art. 5.-It is the option of the Specific Supplier to make purchases in the Department of Stores of the General Public Health Service, without subjection to the following article.

Art. 6.-Prior to the establishment of a credit reserve, a public tender shall be promoted for the purchase of goods and services and the execution of works, except in the cases excepted by this Law.

Art. 7.-THE SUPPLIER MAY MAKE THE ACQUISITIONS REFERRED TO IN THIS LAW FOR FREE MANAGEMENT, UP TO FIFTY THOUSAND COLONES (4 50,000.00), IF THE PURCHASES EXCEED FIFTY THOUSAND COLONES UP TO A HUNDRED THOUSAND COLONES (4 100,000.00) MUST MAKE THEM BY CONTEST PRIVATE. HOWEVER, IT WILL NOT BE NECESSARY FOR THE SUPPLIER TO PROMOTE COMPETITION, BEING ABLE TO MAKE THE ACQUISITIONS OF SUPPLIES FOR FREE MANAGEMENT, UP TO THE AMOUNT OF ONE HUNDRED THOUSAND COLONES (4 100,000.00) AND WITH THE CONCLUSION OF THE RESPECTIVE CONTRACT IN QUESTION:

(A) OF GOODS EXCLUSIVELY IN THE HANDS OF CERTAIN PERSONS;

(b) OF ARTICLES OF SOLE ORIGIN; BY REASON OF THEIR AUTHORS OR MANUFACTURERS OR WHO ARE TO BE CHOSEN IN THEIR PLACE OF ORIGIN AND THE LATTER IS DISTANT FROM THE SEAT OF OFFICIALS IN CHARGE OF THE PROVISION FUNCTION;

c) OF URGENT NEED AND UNDEFERRED ACQUISITION, QUALIFIED BY

THE MINISTRY OF PUBLIC HEALTH AND SOCIAL ASSISTANCE, UPON JUSTIFICATION OF THE DIRECTION CONCERNED;

d) WHEN THE ACQUISITION OF GOODS OR SERVICES PROVIDED BY

DEPENDENCIES OF THE PUBLIC ADMINISTRATION, OFFICIAL AUTONOMOUS INSTITUTIONS OR MUNICIPALITIES.

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IN THE CASES OF THIS ARTICLE, IF THE VALUE OF THE SUPPLY TO BE ACQUIRED EXCEED ONE HUNDRED THOUSAND COLONES THE PRIOR AUTHORIZATION OF THE MINISTRY OF PUBLIC HEALTH AND SOCIAL ASSISTANCE, AS WELL AS THE CELEBRATION OF THE RESPECTIVE CONTRACT. (1) (2)

Art. 8.-The award of the supplies subject to competition shall be carried out by a contracting committee composed of the Supplier, the Director or Head of the unit to which the supply is intended and a technical delegate appointed by the Minister. Public Health and Social Care or by whom it does its own times.

In the event of the absence of the Director or Chief, the person who does his or her or the person appointed by the Director General of Health must replace him with the committee.

shall chair the committee and convene its members. The Committee shall decide by a majority vote and none of its members may abstain from voting, however they may reason to vote. The Committee for awards may be made to advise the relevant technical staff, in particular where the goods or services to be acquired are of a degree of complexity, such as to ensure their quality and operation, required such advice.

Art. 9.-To make the award, all the elements of judgment that have been made in this respect must be taken into account in order to guarantee the good and functional quality of the goods or services to be acquired, without necessarily taking as the best offer the

Art.

Art. 10.-The Proveeduria, prior to the analysis, inspections or investigations of part of it and with instructions from the Minister of Public Health and Social Care or who does its times, may establish uniform specifications to determine articles intended for branch offices; in such cases the bidders will be required, presentation by their own account of quality certificates and laboratory tests, to the supplier's prudential judgment.

Quality certificates and laboratory tests, which cannot be verified in the country, must be obtained by suppliers of laboratories abroad, recognized or sponsored by international health agencies.

Art. 11.-Supplier is empowered to conclude and subscribe on behalf of the State the contracts referred to in this Law, prior to approval given in writing by the legal adviser of the Ministry of Public Health and Social Care.

All the supply contracts referred to in this law, for their validity must be approved by the Court of Auditors of the Republic and if they are in private instrument they will acquire, filling the requirement here demanded the quality of authentic instruments.

When in accordance with other laws, the hiring will need to be done in writing public, this will be granted in their respective case, to the trades of any of the lawyers who have the exercise of the notarized members of the Legal Department of the Ramo, without the right to charge for it fees of the card his payment is legally bound by the State.

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Art. 12.-For the purchase of goods for immediate delivery in a place or for services of the same nature, the value of which does not exceed 4 20,000.00 shall not be required to grant a written contract and the invoice or receipt and order of supply shall be sufficient to prove the existence of the contract, in both cases proving the delivery of the goods or the provision of the services, for the purposes of the respective payment with the corresponding prior authorization of any of the Branch, of the Directors of the different dependencies of the Ministry of Public Health and Social Care to which the supply or default of any of the latter is intended, the Director General of Health.

For the procurement referred to in the preceding paragraph, it shall not be necessary to constitute a credit reserve, but shall be constituted the internal provision of funds affecting the authorized budget account for this purpose.

In cases where the award of a public tender requires contracts to be concluded for less than 4 20,000.00, these always be in written form and will be subject to all the formalities prescribed for the contracts for amounts greater than that sum.

Art. 13.-The Supplier may, with the authorization of the Minister of the Ramo, conclude permanent contracts for the supply of specific goods or services for continuous use, for a period within the fiscal year in force at the date of the contract. In such cases, the credit reserve may be established in advance by the entire contracting party or before each partial supply order.

Art. 14. The claims of the successful tenderers may not be aired but are in accordance with the laws of the country, and this must be stated in the respective contracts.

The contract shall also be entered in the contract:

a) The full details of the contracts the conditions under which the government is to be opened, the letter of credit intended to cover the value of the negotiation, when it is agreed in this form of payment. In these cases, the approval of the Court of Auditors of the Republic to the procurement will involve obligation to the General Directorate of the Treasury so that at the request of the Proveeduria and with attachment to the contractual stipulations, it will proceed to the opening of the corresponding letter of credit; the requirement shall be accompanied by a duly approved copy of the contract.

b) That the respective specifications, plans, tenders and tender sign form

part of the contract. In case of discrepancy, the latter will prevail over the first ones.

Art. 15.-WHEN THE NATURE OF THE BUSINESS JUSTIFIES IT, THE CONCESSION OF AN ADVANCE TO THE SUPPLIER MAY BE STIPULATED IN THE CONTRACT

WHICH MAY NOT BE GREATER THAN 20% OF THE CONTRACT VALUE. THIS ADVANCE PAYMENT SHALL BE MADE SUBSEQUENTLY TO THE GRANT OF THE SECURITY TO BE GUARANTEED AND SHALL BE IN FORCE FOR SUCH TIME AS LONG AS IT HAS NOT BEEN RECOVERED OR LIQUIDATED IN ITS

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TOTAL THE VALUE OF THE ADVANCE. (1)

For the amounts to be withdrawn from the advance, the checks corresponding to the order of the suppliers ' direct suppliers, against the presentation of the supporting documentation of the contracts between the suppliers, shall be issued. Direct suppliers and the supplier, according to the destination of the advance.

Art. 16.-If the successful tenderer of a supply, favored by free management or by contest, does not submit to sign the respective contract or not to surrender within the reasonable period of time that the Supplier points out, he shall lose his right as a successful tenderer In such cases, the Ministry of the Ramo will claim the payment of the value of the corresponding caution in favor of the State, in such cases the Supplier, without further processing will adjudicate the supply among the others bidders in the order of preferences or will promote new competition to their prudential judgment.

may suspend the invitation to tender or extend the time limit of the invitation to tender, or even leave the award without effect, where, in the case of the Supplier or the Committee of Adjudications, where appropriate, it is in the interests of the State.

Art. 17. The Supplier shall be obliged to manage, to the appropriate extent, the amounts of money which are necessary for the disposal of the delegates referred to in Article 2, which are intended to cover the value of the negotiations in question. CHAPTER III Prohibition to Contry

Art. 18.-Direct or indirect negotiation with the following persons is prohibited:

1E) Those convicted of property crime.

2E) Those of conduct notoriously flawed.

3E) Fraudulent debtors in general.

4E) The insolvent debtors with the Fisco, with the Salvadoran Social Security Institute and with the Municipality of the domicile.

5E) The intermediaries of the people excluded from the business with the Proveedurias

Specific or with the Supplier General.

6E) Public officials and employees of the Ministry of Public Health and Social Assistance and those directly or indirectly involved in the process of tendering the supply or in determining the specifications of the supply to be acquired; as well as the relatives in the fourth grade second affinity, of any of the above mentioned.

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7E) The companies or companies in which they have an interest, the officials, employees and other persons referred to in the preceding number.

8E) The supplies that have cause pending with the Proveeduria Specifies or other

state agencies for provisioning.

9E) The companies or companies in which they participate or have participated in any form, any person who has a prohibition of those referred to in the preceding numerals.

10E) The suppliers who have been previously favored with an award

have refused to sign without fair cause the respective contract.

Art. 19.-The Supplier shall carry out the necessary controls on qualified or disqualified supplies to negotiate with the Ministry of Public Health and Social Care and shall, where necessary, make the investigations it considers appropriate, on any of the participants in a contest, in order to verify the existence of the prohibitions referred to in the previous article.

In any case to contract it will be necessary for the supplier to accredit to the Supplier which is solvent with the entities referred to in N1 4 of the Art.18. CHAPTER IV of the Multas and Responsibilities

Art. 20.-FOR FAILURE TO COMPLY WITH ANY OF THE CONTRACTUAL OBLIGATIONS, THE SUPPLIER WILL INCUR A FINE OF 10% OF THE TOTAL SUPPLY VALUE, BUT IF THE NON-COMPLIANCE CONSISTS OF A SIMPLE DELAY IN THE COMPLETE DELIVERY OF THE SUPPLY, THE SUPPLY WILL INCUR A FINE OF 0.5% OF THE TOTAL AMOUNT OF THE SAME, FOR EACH DAY OF DELAY, WITHOUT IN ANY CASE THIS FINE FOR DELAY EXCEEDS 10%, EXCEPT IN THE CASE OF SUPPLY OF GOODS AND MATERIALS, IN WHICH A FINE WILL BE APPLIED OF 0.5% OF THE AMOUNT OF THE DEFAULT, FOR EACH DAY OF DELAY. (1)

When the default On the part of the supplier, it causes damages for the Ministry of Public Health and Social Assistance, it will be necessary to compensate them, without prejudice to the fines that correspond.

The fine in the case of tender shall be clearly stated in the respective cartels and shall be incorporated as a Special Clause in the relevant contracts.

Art. 21.-In cases of total or partial non-compliance with the contract, for the supply of goods from abroad any money back should be made with the currency with which the merchandise was paid abroad, these returns shall enter the Credit Reserve and budgetary figures concerned and shall be intended for the purchase of the undelivered goods.

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Art. 22.-THE SUPPLIER BEFORE IMPOSING A FINE MUST SEND THE ALLEGED INFRINGER TO HEAR FOR A PERIOD OF 15 DAYS; WITHIN THAT TERM, THE SUPPLIER MAY PRESENT ALL THE EVIDENCE WHICH WAS RELEVANT; HEARING, THE SUPPLIER SHALL DELIVER THE RELEVANT JUDGMENT.

THE AFFECTED PERSON WITH THE JUDGMENT MAY INTERJECT WITHIN THE TERM OF THREE WORKING DAYS WITH ALL FROM THE DAY FOLLOWING THE NOTIFICATION OF THE SAME, THE REVIEW APPEAL TO THE MINISTER OF THE BRANCH WHO WILL NO LONGER RESOLVE IT WITH ONLY THE CASE VIEW.

THE INTERNAL AUDITOR OF THE MINISTRY OF PUBLIC HEALTH AND SOCIAL ASSISTANCE, MUST REVIEW MONTHLY THE FILES THAT THE SUPPLIER DEALS WITH IN ORDER TO VERIFY COMPLIANCE WITH THE LEGAL NORMS AND IF I FIND ANY ANOMALY, MUST REPORT FROM IT IMMEDIATELY IN WRITING TO THE MINISTER OF THE BRANCH OR TO WHOEVER DOES HIS OR HER TIMES. (1)

Art. 23.-If the partial breach of a supply contract does not cause serious harm to the interests of the State, the Supplier may reduce the amount of the fine up to 50% of its value, subject to the authorization of the Minister of the Ramo.

Art. 24.-When in the execution of a work there is a need for Orders of Change for errors in the designs or structural calculations of the same those responsible for such errors will incur jointly in a fine, that the Supplier will impose, between 25% and 100% of the amount of the respective Exchange Orders, taking into account the cause thereof.

The Supplier to determine the errors committed in the structural designs or calculations may be advised by one of several technicians. In the case of a total or partially unnecessary order of change, the Supplier shall impose a fine equivalent to the value of the unnecessary of the Order of Change, and the professionals in Architecture and Engineering shall be jointly and severally liable. authorized.

Art. 25.-The Supplier or who has given the approval referred to in Art. 12 in relation to a supply, shall be responsible each in his field, for the damages and damages irrogated to the Ministry of Public Health and Social Care as a result of recruitment in contravention of this Law. CHAPTER V Of Cautions

Art. 26. EVERY SUCCESSFUL TENDERER OF A SUPPLY SHALL BE REQUIRED TO SATISFY THE SPECIFIC SUPPLIER, IN ORDER TO ANSWER FOR THE FAITHFUL FULFILMENT OF THE OBLIGATIONS WHICH HE OR SHE CONTRACTS IN ACCORDANCE WITH THE RELEVANT CONTRACT: THE AMOUNT OF SUCH A COURSE IT SHALL NOT BE LESS THAN THE VALUE OF THE FINES IN WHICH IT MAY INCUR, ACCORDING TO ART. 20. (1)

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Art. 27.-The period of the course referred to in the preceding article shall last as long as the supply has not been fully delivered in the agreed form and the supply has not yielded the appropriate caution to ensure the hidden defects of the supply. the supply to be detected within one year of the total delivery of the supply.

Art. 28.-The Supplier, at the request of a party or of its own office, shall send to cancel the course and return the deposits if necessary, when the reason for its constitution is removed, after hearing and obtaining the opinion of a Legal Adviser of the Ministry.

Art. 29.-For the purposes set out in this Law, the different stages of a supply shall be required, in accordance with the terms of reference for each tender or supply, the following guarantees:

a) Design and Calculation Guarantee

It will cover liability for costs and damages, which will be carried out by the Ministry of Public Health and Social Care, due to errors in the design and structural calculation of works. This guarantee will be of 10% on the cost of the work established in the corresponding feasibility study and its term will last until the corresponding supply has been delivered in full to the Ministry of the Ramo and without in any case that period exceeds five years from the delivery of the respective design.

b) GUARANTEE OF SUPPLY

SHALL ENSURE THE CONCLUSION OF THE RESPECTIVE CONTRACT IN ACCORDANCE WITH THE PLANS, SPECIFICATIONS AND OTHER CONDITIONS CONTAINED IN THE RELEVANT TENDER SIGN AND THE PRICES AND OTHER SPECIFICATIONS AND CONDITIONS OFFERED BY THE BIDDER AS WELL AS TIMELY DELIVERY OF THE GUARANTEE OF FAITHFUL COMPLIANCE. THIS GUARANTEE WILL BE 5% OF THE TOTAL VALUE OF THE OFFER AND WILL LAST UNTIL IT IS REPLACED BY THE GUARANTEE OF FAITHFUL COMPLIANCE WITH THE CONTRACT, IN CASE THE CAPTIVE IS FAVORED WITH THE AWARD.

THE GUARANTEES PRESENTED BY THE OTHER BIDDERS WILL BE RETURNED AFTER THE FAVORED WITH THE AWARD HAS GIVEN TO THE SUPPLIER THEIR GUARANTEE OF FAITHFUL COMPLIANCE; (1)

c) GUARANTEE OF FAITHFUL COMPLIANCE

WILL GUARANTEE THE EXACT COMPLIANCE BY THE SUPPLIER OF THE STIPULATIONS CONTAINED IN THE AGREEMENT FOR THE SUPPLY, AND ITS VALUE WILL BE 10% OF THE TOTAL VALUE OF THE SUPPLY; (1)

d) Guarantee for Advance Concession

return of advances granted to the supplier in accordance with the

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Article 16 of this Law, and its amount will be equal to the total advance granted, will be in effect while the advance is pending and has not been settled.

e) GUARANTEE OF HIDDEN VICES

GUARANTEE THE GOOD QUALITY OF GOODS, MATERIALS, EQUIPMENT, MANPOWER OR ANY ANOTHER ELEMENT COMPRISED IN A SUPPLY. THIS GUARANTEE SHALL BE 5% OF THE VALUE OF THE SUPPLY FOR DOMESTIC AND FOREIGN SUPPLIERS. AND THE VALIDITY OF THE GUARANTEE SHALL BE ONE YEAR FROM THE DATE OF RECEIPT OF THE ENTIRE SUPPLY. (1)

f) Supervision Guarantee

It will be rendered by whoever is hired for the supervision of a supply and will cover the

responsibilities of the Supervisor for failure to meet his contractual obligations, when they give rise the incorrect execution of the supply by the person who has the obligation to carry it out. The amount of this guarantee shall be equal to 10% of the value of the supply and shall be in force for up to one year after receiving in full the Supply.

Art. 30.-May be admitted as a security.

(a) The cash deposits made to the Proveeduria.

b) Certified cheques issued against any bank of the National System.

c) Government bonds issued by the government Central.

d) The divas of the mortgage bank of El Salvador and other securities guaranteed by the State.

e) The mortgage.

f) The bonds issued by any of the banks or insurance companies

Salvadorans.

g) Personal Fiance.

The rubes mentioned in the literals "c" and "d", will be issued by the nominal value of the securities securities that match them.

Art. 31.-The guarantees provided for in this Chapter must be issued in accordance with the format that the Supplier to the Supplier will provide, otherwise they may be rejected.

Art. 32. In its prudential judgment, the Supplier, having regard to the nature and circumstances of the supply, shall fix the percentage of the posters for each quantity to be paid. The

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retained will not become interest and will be delivered to the supply to the final settlement of the contract, if the contract has fulfilled its obligations; otherwise, the sum retained will serve for the payment of fines or any claim made by the Supplier as a result of the Contract or Law. Satisfied this, the remnant if you have, will be delivered to the Supplier. CHAPTER VI Control

Art. 33.-The Court of Auditors of the Republic shall permanently maintain in the Specific Public Health and Social Assistance Office, the delegates necessary for the exercise of the control of all orders, invoices, contracts and documents they must be submitted to their knowledge.

Such orders, invoices, contracts and documents shall be submitted no later than three days after having received the offices concerned, the Ministry of Public Health and Social Care, which the make it possible for those delegates to intervene and those who will be obliged, when it is a question of setting up reserves and ordering payments, processing documents and cooperating with the relevant bodies, or returning them with observations, as the case may be, no later than three days subsequent to the hearing following the hearing in which they received them.

IF THE FINE IS NOT PAID IN TIME, THE SUPPLIER WITHIN 15 DAYS AFTER THE EXPIRY OF THE DEADLINE OF THE FINE WILL CERTIFY THAT THE TAX WILL LEAD TO THE ATTORNEY GENERAL OF THE REPUBLIC TO MAKE IT EFFECTIVE. (1)

Art. 34.-The Directorate-General of the Budget will not have any intervention in the expenditure related to the Public Health and Social Care Ramo, but any erogation must be submitted to the approval of the Minister of this Ramo or of those who do his or her times. CHAPTER VII Provisions Multiple

Art. 35.-The Circulant Funds of Fixed Amount, will be in charge of the employees that the Ministry of Public Health and Social Care will designate to the effect.

These funds will be deposited in any bank of the system and all payment against them, be made by means of checks signed by the employee in charge and endorsed by the Head or Sub-Head of the respective office.

However, the purchase of goods whose value does not exceed Cien Colones (4 100.00), may be paid in cash, For this purpose, the fund manager may keep in cash up to the sum of One Thousand Colons (4 1,000.00).

Art. 36.-Supply contracts that are concluded in accordance with this Law, even those that are formalized in public deed, will be exempt from all kinds of taxes, fees, and other contributions.

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Art. 37.-If, in order to comply with the agreed supply, the supply has a need to subcontract the services of another, it may do so, but must obtain for them, in advance, the written authorization of the supplier who after consulting with the Minister of the Ramo or whoever does his or her times, will decide on the authorization or not authorization.

In any case, there are or non-subcontractors, the direct responsible for the supply, is the Supplier Contractor and the Subsidaily the Subcontractor, if any.

The state does not contract any obligation or assume responsibility any with him or the Subcontractors if any, for the fact of granting the authorization referred to in the first paragraph of this article.

Art. 38.-It will be the supplier's power not to accept the supply:

a) When the supply has not been delivered within the stipulated period; and

b) When the supply does not fully satisfy the stipulations of the contract.

All the foregoing without prejudice to the liabilities to which the supplier has been granted for his failure to comply.

Art. 39.-When the supplier is in breach of the contract, the Supplier may take the following measures:

(a) Terminate the work by own administration of the Ministry of the Ramo or through third parties and in the latter case, having regard to the need for the supply or to what is missing to be executed; the Supplier with the authorization of the Minister of the Ramo or who does his or her times, and without further processing, may contract without the need for a public tender; and

b) In the cases referred to in the previous article, promote new contest for the

award of the supply, except when due to the need of the supply, the Supplier without further processing, qualifies it as urgent with the authorization of the Minister of the Ramo or who does its times.

Art. 40.-Without prejudice to the provisions of Art. 23, the review facility shall proceed in the

following cases:

a) Of the adjudication resolution;

b) Of the resolution of inadmissibility of a warranty;

c) Of the resolution declaring desert in contest;

d) Of the resolution that denies the return of a warranty;

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e) Of the resolution that denies the return of the hold;

f) Of the resolution declaring an estimated work estimate inadmissible.

The resource must be brought before the Supplier within the three days following the date of the notification of the respective resolution and will be resolved by the Minister of the Ramo or by whom he does his or her times with only the view of the respective file.

Art. 41.-The following terms are used in this Law in the sense that follows:

PURCHASE FOR FREE MANAGEMENT: They are those purchases that the Supplier will be able to make to the supplier directly without having to promote any contest.

PUBLIC CONTEST: It is the competition that is made between several suppliers for the acquisition of a supply, publicly becoming.

PRIVATE CONTEST: It is the competition that is made between several suppliers for the the acquisition of a supply, who are privately called to participate and in the same way

MINISTER OF THE INDUSTRY: Minister of Public Health and Social Care.

PROVIDER: Specific Supplier of the Public Health and Social Care Ramo.

Subprovider: Specific Subprovider of the Health Ramo public and Social Care.

Art. 42. THE PROVISIONS OF THIS LAW SHALL APPLY TO THE HOSPITALS WHICH ARE DEPENDENT ON THE BRANCH IN RESPECT OF THE EXECUTION OF THEIR RESPECTIVE BUDGETS. FOR THIS PURPOSE, THE DIRECTOR OF EACH HOSPITAL IS DESIGNATED AS A SUPPLIER OR WHO DOES HIS OR HER DUTIES.

THE AMOUNTS REFERRED TO IN ART. 7, IN THE CASE OF THE ESTABLISHMENTS

MENTIONED ABOVE, WILL BE APPLIED UP TO TEN THOUSAND (4 10,000.00) AND TWENTY THOUSAND COLONES (4 20,000.00), RESPECTIVELY. (2)

AUTHENTIC INTERPRETATION DECREE N1 33 THE CONSTITUENT ASSEMBLY OF THE REPUBLIC OF EL SALVADOR, CONSIDERING: I.-That by Decree N1 1083, of the Revolutionary Board of

Government, dated 14 April of the year, published in Official Journal N1 67, Volume 275 of the same date, the

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"Supply Law for the Public Health and Social Care Ramo", which is in force according to the aforementioned Decree, was initiated on 23 April;

II.-Article 42 Provisions Transient of the pre-cited law, in

express way points out that "Those in charge of the circulating funds, regional addresses and hospitals may continue to acquire the supplies, in accordance with the legal regime prior to the validity of this law, until the regulation of this law is issued";

III.-That if the mentioned article 42 Transient in express form

points out certain powers for the managers of the circulating funds, regional directors and hospitals in terms of the procurement of supplies, as stated in the previous recital, it is undoubted that it gives an unspoken to the Ministry of Public Health and Social Assistance some faculty, which it is necessary to clarify by means of an authentic interpretation, in order to cause to the legal any situation that it has verified in terms of the acquisition of drugs in compliance with the objectives and obligations imposed on it by the Constitution and applicable secondary laws;

BY TANTO,

in use of its legislative powers and on the initiative of the Deputy Jorge Alberto Zelada Robredo, DECCRETA:

Art. 1.-Article 42 Transitional provisions of the Law of Supplies for the Ramo of Public Health and Social Assistance, should be understood in the sense that, in addition to the cases expressly mentioned in it, in the form and terms that indicate them, empowers the Ministry of Public Health and Social Care to apply the relevant legal provisions prior to the Law in question, in all cases where the formalities for the acquisition of goods and services have been initiated before of the validity of the Law of Supplies, as in those cases, in which the formalities would have been

authentic interpretation is understood to be incorporated into the text of the article referred to in the preceding paragraph, without interfering with the text of the article referred to in the preceding paragraph. or modify in any way what it expressly points out.

Art. 2. This Decree shall enter into force on the day of its publication in the Official Journal.

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GIVEN IN THE ASSEMBLY HALL OF THE CONSTITUENT ASSEMBLY; PALACE

LEGISLATIVE: San Salvador, at the thirteen days of the month of July of a thousand nine hundred and eighty-two. D. O. N1 144, Volume N1 276, Date: August 10, 1982.

Art. 43. THE EXECUTIVE BRANCH IN THE FIELD OF PUBLIC HEALTH AND SOCIAL ASSISTANCE SHALL BE OBLIGED TO ISSUE THE REGULATION OF THIS LAW. (1)

Art. 44.-The provisions of this law shall prevail over those of any other than the contrarias.

Without prejudice to the provisions of the foregoing paragraph, as applicable, and which is not provided for in this law, it shall be established in The Law of General Budget and Special Budgets of Autonomous Official Institutions, Law of Supplies and other legal provisions on the matter.

Art. 45.-This Decree shall enter into force eight days after its publication in the Official Journal.

GIVEN AT THE PRESIDENTIAL HOUSE: San Salvador, at the fourteen days of the month of April, one thousand nine hundred and eighty-two. ING. JOSÉ NAPOLEON DUARTE. GRAL. E ING. JAIME ABDUL GUTIERREZ. DR. JOSÉ ANTONIO MORALES EHRLICH. DR. JOSE RAMON AVALOS NAVARRETE. D. O. No 67 TOMO No 275 Date: 14 April 1982

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

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INDEX LEGISLATIVE

15

REFORMS: (1) D.L. Nº 197, APRIL 15, 1983;

D.O. No. 73, T. 279, APRIL 21, 1983. (2) D.L. Nº 473, MARCH 4, 1993;

D.O. NO 55, T. 318, MARCH 19, 1993. AUTHENTIC INTERPRETATION:

D.L. Nº 33, JUNE 13, 1982; D.O. NO 144, T. 276, AUGUST 10, 1982.

MHSC/ngcl.