For a better understanding of these regulations, the following definitions are provided:
Final act: Administrative act by which the awardee is selected, in accordance with the terms established in the tender (cartel), an act also called award (adjudicación).
Awardee: Natural or legal person who has been selected in an administrative procurement procedure for the acquisition of goods or services.
Award Committee: Committee designated by the Board of Directors of FONAFIFO according to Agreement Sixth of Session No. 04-2013 of July 11, 2013, to analyze and carry out the award of administrative procurements (Direct Procurements, Abbreviated Bids, Public Bids).
Initial Decision: Administrative decision that initiates the procurement procedure. This decision is embodied in the document called "Procurement Request," which must be signed by the respective Director.
Fruitless: Administrative act issued when, for a procurement or line item(s) of a procurement, no offers are received or those received did not conform to the essential elements of the competition.
Deserted: Administrative act issued when eligible offers are received, but for reasons of protecting the public interest, no award is made.
Contract Manager: Official designated internally within each Directorate, as the manager of each contract, who will have the general responsibilities established in Article 8 of the Regulations to the Administrative Procurement Law and specifically the following:
a. Prepare (following the guidelines or instructions of their Superior) the technical specifications of the good or services required for the Institutional Supply Unit to incorporate them into the respective procurement.
b. Prepare the "Procurement Request" both at the documentary level and on the public procurement IT platform being used, incorporating the documents and authorizations necessary according to current regulations.
c. Request the UPSG to make requests for technical correction to the offerors, when appropriate.
d. Carry out the technical analysis of the offers and remit it within a period not exceeding 8 business days to the Institutional Supply Unit, and incorporate into the electronic file the criteria, documents, or information required according to the regulations or the contractual procedure. In justified cases, the period may be extended at the discretion of the Institutional Supply Unit, provided that the procurement is resolved within the periods stipulated in the Administrative Procurement Law and its Regulations.
e. Provide technical criteria (when appropriate) for attending to appeals filed in the administrative procurement processes under their charge, within a period not exceeding 8 business days, except in those cases where the volume or complexity of the need for more extensive analysis justifies a longer period, in which case the Institutional Supply Unit will grant said period, always within what is permitted in the Administrative Procurement Law.
f. Issue the start order for works or services contracts, when the contract so establishes, within a period not exceeding 8 business days after contractual formalization, except in justified cases communicated as such to the Institutional Supply Unit.
g. Verify the completion of prior acts by the contractor that are necessary to guarantee the correct execution of the contract (for example, tax exemptions, permits, and/or licenses).
h. Carry out objective control of the contractual execution, which means that the contractual object must be fulfilled in its entirety.
i. Verify that the good conforms to the quality and requirements established in the procurement.
j. Apply quality control measures efficiently in the processes involved.
k. Exercise technical control of the procurement and ensure that the contractor conforms to the conditions and deadlines established in the contract.
l. Indicate to the Contractor the need to correct any misalignment or non-observance regarding the fulfillment of the contractual object.
m. File a declaration of assets before the General Comptroller of the Republic, in contracts exceeding 6 months in duration, in accordance with what is established in article 56, subsection 2, paragraph g) of the Regulations to the Law Against Corruption and Illicit Enrichment in Public Office.
n. Immediately communicate to the contractor any adjustment to the schedule timelines or non-compliance therewith, so that the pertinent measures are taken for its correction.
o. Verify that the modifications presented in the procurement conform to the conditions of the contract and to the technical criteria evaluating them.
p. Ensure compliance with the general manuals for contractual execution of the SICOP System or any other that must be used, and with the procurement processes of the respective unit that have been assigned.
q. Create a file containing the documents recording all the vicissitudes of the contract execution (for example: start order, deliveries, extensions, suspensions, etc.), and report them to the Institutional Supply Unit for the corresponding procedures and the updating of the procurement file in a timely manner.
r. Advise the Director of the Budget Program or Subprogram of the advisability of introducing modifications or corrections to the contract, when required for its correct execution, in accordance with articles 200 and 201 of the Regulations to the Administrative Procurement Law.
s. Recommend the application of penal clauses, fines, execution of guarantees, rescission, or resolution of the contract when a basis for doing so is observed, according to the Administrative Procurement Law and its Regulations.
t. Require that the performance guarantee be made effective, and immediately inform the Institutional Supply Unit of manufacturing defects, before its expiration.
u. Verify that the contracted good has authorized service workshops when appropriate.
v. Ensure that in cases of contract term extensions, the contractor complies with the extension of the performance guarantee and the legal stamps.
w. Receive, through a "Certificate of Conforming Receipt," the goods, works, or services under the quality conditions and deadlines agreed in the contract, or reject them if the agreed terms have not been met.
x. Advise the Director of the Budget Program or Subprogram of presumed administrative faults committed by the contractor during the execution of the contract, so that the competent body is notified, for it to adopt the corresponding legal measures.
y. Establish efficient communication mechanisms between the parties involved in the procurement.
z. Issue reports to the Director of the Budget Program or Subprogram that appointed them, on the fulfillment of the assigned contract.
aa. Request the technical criteria necessary for better oversight of the contracts, when required by the nature of the subject matter or specialty. Also, issue the respective report of all the relevant facts of the contract execution and incorporate it into the contractual final settlement (finiquito) or Certificate of Conforming Receipt (as appropriate).
bb. Verify that, in the case of contracts where the awarded company requires the hiring of personnel for the fulfillment of the contractual object, the directives issued by government authorities are complied with, in relation to compliance with labor rights regarding the payment of minimum wages, work risks, and other provisions relating to the social and occupational security of workers.
cc. Request the collaboration of the different units of Fonafifo for an adequate decision-making process and to optimize the proper contractual execution.
Procurement Request: Document generated —electronically— by the SICOP system and containing the initial decision to contract. Additionally, in cases where procedures are linked to a financial system, the reservation of the corresponding budgetary resources for the acquisition of goods, services, or works is generated.
Requesting Unit: Unit, Department, or Directorate of FONAFIFO that processes a procurement request before the UPSG, with the purpose of acquiring goods or services necessary for the fulfillment of its objectives.
Specialized Technical Unit: Unit that, depending on the object to be procured, has the necessary knowledge, experience, or legal authorization to issue a specialized technical criterion (Information Technology Unit, Occupational Health Unit, Archive Unit, Human Resources Unit, or another determined at the appropriate time).
Participants in the administrative procurement processes