20 Mayo 2019 07:50 AM
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The National Procurement Commission (CNMP) is the body charged by the law already mentioned to enforce the legal framework. It has both a mission control and regulation of public procurement. As a regulatory body, it has been the driving force that led to the law and regulations currently in force. As an organ of control, it shall ensure compliance with the standards prescribed by the new law. It also has the power to impose administrative sanctions in case of irregularities in the award and execution of public contracts.

Two other institutions also exert some control in procurement. These are the approval authorities who are responsible for approving public procurement. Approval authority confirms the availability of credit for the execution of a contract. The Superior Court of Auditors and Administrative Disputes proceeds with the registration of the contract.

Procedures for the award of public procurement
Tender is the general rule for procurement. Other procedures such as the restricted tendering and contracts by mutual agreement are subject to restrictions

Strategy of market development;

The economic importance of public procurement has not escaped to the legislators. The June 10,2009 provides opportunities for the development of public procurement:

• Incentives to facilitate the entry of Small and Medium Enterprises (SMEs) in the competition for the award of public contracts.
• Preferential treatment in the evaluation of bids;
• Facilities for bidding by grouped companies;
• Authorization given to the Contracting Authority to use allotment in order to have a greater participation of companies of different sizes;
• Regulation allowing subcontracting by the successful negotiation of a part of a contract with another company for its realization.

Finally, the list of awarded contracts are to be published on the website of the CNMP as required by law.

A no less important final aspect of the Law on Public Procurement is the mode of resolving conflicts that may arise during the award of a contract and its execution. Redress mechanisms are clearly described. A Settlement of Disputes Committee (CRD) near the CNMP is established as an entity for amicable settlement in case of failure of the administrative appeal before the Contracting Authority. In case of dispute of the decision of the CRD, the aggrieved party may submit the dispute to the Court of Auditors and Administrative Disputes.

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Organización de los Estados Americanos Banco Interamericano de Desarrollo International Development Research Centre
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