By: LatinAlliance
Since December 1, any public procurement procedure in Costa Rica that totally or partially involves the use of public funds for the acquisition of goods, services and works, is governed by the new provisions of the General Public Procurement Law, No. 9986; likewise in the case of private subjects who manage or guard public funds or when they are recipients of free or no-cost patrimonial benefits from the Public Treasury, as long as the contracting exceeds 50% of the lower limit of the threshold set for the minor tender. of the ordinary regime; as well as for non-state public entities whose financing comes from more than 50% of their own resources, contributions or contributions from their members.
It is important to mention that all public procurement activity regulated in this Law must be executed through the unified digital system (currently the Public Procurement System, SICOP); otherwise the contract will result in its absolute nullity, except in situations of fortuitous event or force majeure.
Additionally, this new Law establishes that in the event that it is verified that the appellant acted recklessly, in bad faith, or abuse of procedural rights, he will be fined 0.5% of the amount of the threshold of the largest tender and the upper threshold of the lower tender, as appropriate to work, goods or services; while, for filing reckless appeals and revocation, there will be a fine of 1% of the amount of the higher tender threshold and the upper threshold of the lower tender and the reduced tender, as appropriate to work, goods or services. These fines are the responsibility of the Comptroller General of the Republic or the Administration, according to the resources that correspond to know.
The new system establishes an Official Registry of Suppliers within the platform and it is estimated that its application will allow annual savings of ¢540.000 million, equivalent to 1.55% of the Gross Domestic Product (GDP).