At Quijano and Associates, aware of the economic and health situation our country is facing due to the CoViD-19 pandemic, we continue to update all our clients and friends of the new measures established by our authorities.
The General Directorate of Public Procurement (DGCP) approved and published a Procedure Manual for Procurement in a State of Emergency, which is parameterized with Law 22 of June 27, 2006, ordered by Law 61 of 2017, which regulates public procurement. In said Manual, the DGCP established the steps and procedures to follow in order to formalize the acquisition of goods, services or works, since contracting with traditional mechanisms and procedures has become risky and in some cases impossible, taking into account the measures promulgated by the Executive related to holding public events.
In general, we can summarize that said manual stipulates and regulates two different procedures subject to the approval or not of the corresponding consignment:
We will proceed to explain each of the indicated procedures.
a. ACQUISITIONS PROCEDURE IN A STATE OF EMERGENCY
As mentioned above, according to the manual approved by the General Directorate of Public Procurement, for the acquisition of goods, services or works in a State of Emergency situation, proceed as follows:
a.1. Procedure with approved consignment transfer:
In the event that the Ministry of the Presidency has carried out the initial transfer, the contractor selection procedures must be carried out in the following order:
a.1.1. First Assumption: Purchase by Catalog of Products and Services.
Goods and / or services from the Electronic Catalog of Products and Services must be purchased, provided that the supplier is in a condition to deliver them immediately, in order to attend to the emergency in a timely manner (Framework Agreement).
a.1. 2. Second Assumption: Purchase by Special Emergency Procurement Procedure in accordance with Article 79 of the Sole Text of the Law June 22, 2006.
If the required good or service is not found in the Catalog, or if there are reasonable reasons to acquire it outside of it, the entity will proceed as follows:
Payment to the contractor will be made after the execution of the object of the contract and thus must be established in the purchase order or contract, as indicated in article 79 of Law 22 of June 27, 2006, ordered by Law 61 of 2017.
a.2. PROCEDURE WITHOUT APPROVED CONSIGNMENT TRANSFER OR EXCEPTIONAL PROCEDURE
In the event that the contracting institution is not authorized to allocate the authorized sum for the declared state of emergency, it must use its own funds or resources included in its budget for the acquisition of the goods, services or works required to its operation through the following procedures:
a.2.1. First Assumption: Purchase by Catalog of Products and Services.
They must acquire the goods and / or services from the Electronic Catalog of Products and Services, provided that the supplier is in a position to deliver them immediately, to handle the emergency in a timely manner.
a.2.2. Second Assumption: Purchase with Contract – For less than US$10,000.00
They will be able to manage their immediate needs through the procedure for minor contracts whose amount do not exceed US$ 10,000.00, provided in article 80 of Executive Decree No. 40 of 2018, which regulates Law 22 of 2006, ordered by Law 61 of 2017.
a.2.3. Third Assumption: Purchase by Exceptional Contracting Procedure (Art. 73. Number 2 and 5).
The evaluation and approval of contracts using this procedure (depending on the amount to be contracted) will be carried out by:
Regardless of the institution at which the request for authorization of exceptional procedure is presented, the requesting institution must submit the information in a single file in PDF format.
The simplified and required information for this procedure is as follows:
OTHER RELEVANT MEASURES:
Other important measures that we can summarize from the Procedure Manual for Emergency Purchases are the following: