A collegial body called the Public Procurement Authority (Autoridad de Contratación Pública) is created, which shall be composed of the Minister of Finance (Hacienda), who shall chair it; the Minister of National Planning and Economic Policy (Planificación Nacional y Política Económica); and the Minister of Science, Technology and Telecommunications (Ciencia, Tecnología y Telecomunicaciones). These functions may be delegated to the vice ministers, and participation shall not generate any per diem. For the knowledge of specific topics, the Authority may invite heads of other public institutions, who may attend with voice but without vote.
(Thus amended the preceding paragraph by Article 1 of Law No. 10659 of March 10, 2025, "Amendment to the General Public Procurement Law, in order to equate the participation of Cooperatives with SMEs in public procurement matters") The Public Procurement Authority (Autoridad de Contratación Pública) shall act as the steward (rector) exclusively for procurement matters for the entire Public Administration; it shall render accounts annually to the President of the Republic and to the Special Permanent Commission for the Control of Public Revenue and Expenditure (Comisión Permanente Especial para el Control del Ingreso y el Gasto Públicos) of the Legislative Assembly, and shall be responsible for the following powers:
(Thus amended the preceding paragraph by Article 1 of Law No. 10659 of March 10, 2025, "Amendment to the General Public Procurement Law, in order to equate the participation of Cooperatives with SMEs in public procurement matters") a) Approve the proposal for the National Public Procurement Plan (Plan Nacional de Compra Pública, PNCP), prepared by the Directorate of Public Procurement (Dirección de Contratación Pública), which shall be in force for six years; it may be adjusted annually and must have as its axes the generation of efficiency in public procurement, with high standards of quality, probity, transparency, and satisfaction of the public interest.
- b)Approve, as applicable, the proposal for pertinent regulatory improvements made by the Directorate of Public Procurement (Dirección de Contratación Pública) and order the simplification of procedures in public procurement matters.
- c)Propose directives to the Executive Branch, after hearing the opinion of the various stakeholders, as well as the citizenry, in accordance with the provisions of Articles 99 and 100 of Law 6227, General Law of Public Administration (Ley General de la Administración Pública), of May 2, 1978, at least for the following:
(Thus amended the preceding subsection by Article 1 of Law No. 10659 of March 10, 2025, "Amendment to the General Public Procurement Law, in order to equate the participation of Cooperatives with SMEs in public procurement matters") i) To establish the link between the procurement plan and the budget, with the National Plan and institutional plans, as applicable.
- ii)To seek the standardization of goods and the promotion of consolidated purchasing to generate savings through economies of scale.
- iii)To foster regional development, innovation, inclusion, sustainability, and the promotion of SMEs (pymes) and cooperatives, all of the foregoing as public value of procurement.
(Thus amended the preceding subsection by Article 1 of Law No. 10659 of March 10, 2025, "Amendment to the General Public Procurement Law, in order to equate the participation of Cooperatives with SMEs in public procurement matters") iv) For the professionalization, certification of competence, and continuous training of personnel dedicated to public procurement, and the accreditation of procurement units.
- d)Issue guidelines for private subjects, as provided for in Article 1 of this Law, which shall be mandatory for them.
- e)Prepare and publish, in official communication media, the list of technologies and methodologies that meet the criteria established in Article 22 bis of this Law, allowing contracting administrations to learn about existing technologies, their costs, and characteristics, for which purpose they may consult professional associations, universities, business chambers, and any other organization expert in matters of public works, methodologies, and technology.
(Thus added the preceding subsection by Article 2 of the Law for the Technological and Methodological Improvement of Public Works Procurement, No. 10654 of March 10, 2025) f) Design public policies to guarantee effective citizen participation in procedures for the procurement of goods and services in accordance with this Law.
(Thus modified the numbering of the preceding subsection by Article 2 of the Law for the Technological and Methodological Improvement of Public Works Procurement, No. 10654 of March 10, 2025, which transferred it from former subsection e) to subsection f)) g) Issue the formulas for maintaining the financial equilibrium of contracts.
(Thus modified the numbering of the preceding subsection by Article 2 of the Law for the Technological and Methodological Improvement of Public Works Procurement, No. 10654 of March 10, 2025, which transferred it from former subsection f) to subsection g)) h) Other functions established in this Law.
(Thus modified the numbering of the preceding subsection by Article 2 of the Law for the Technological and Methodological Improvement of Public Works Procurement, No. 10654 of March 10, 2025, which transferred it from former subsection g) to subsection h)) Article data sheet