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August 5, 2014In force

Law on Efficient and Transparent Purchases through Electronic Means

Congreso Nacional

  • Decree: 36-2013
  • Published: August 5, 2014
  • Issuing body: Congreso Nacional
  • Gazette: 33,497
  • Category: Administrative

Summary

AIThis summary was generated by AI and may contain errors. Always verify against the original law text below. Not legal advice. Learn how we use AI

This law creates an electronic system (Honducompras) that allows the government to purchase goods and services efficiently and transparently. It establishes three purchasing methods: Framework Agreements (agreements with selected suppliers), Joint Purchases (multiple institutions buy together), and Reverse Auctions (the supplier offering the best price wins). It aims to reduce costs, increase competition, and ensure that public money is used correctly.

Considerations

Whereas the Law for the Establishment of a Vision for the Country and the adoption of a National Plan for Honduras has as one of its purposes to guide the Public Administration through a process of planned development, aimed at achieving its objectives. Likewise, the Government of the Republic, through the Regulatory Office for State Contracting and Acquisitions (ONCAE), initiated in 2012 the preparatory acts to implement Electronic Catalog Purchases in the country.

Whereas for the benefit of the State in the matter of public contracting and acquisitions, the modernization thereof is considered a priority, through the regulation of new procedural forms, aimed at promoting the objectives of maximizing economy and efficiency in acquisitions; stimulating and encouraging participation in the management of acquisitions by suppliers and contractors regardless of regulatory requirements and thereby promoting international commerce; promoting competition among suppliers and contractors for the supply of the object of the acquisition; ensuring fair, equal, and equitable treatment of every supplier and contractor; fostering integrity, equity, and public confidence in acquisition processes, and finally achieving transparency in procedures related to acquisitions.

Whereas on March 13, 2011, the Regulatory Office for State Contracting and Acquisitions (ONCAE) became ascribed to the Secretary of State in the Office of Finance through Executive Agreement Number 011-2011, published in the Official Journal La Gaceta on April 15, 2011.

Whereas the Law on State Contracting, contained in Decree No. 74-2001 of June 29, 2001, does not contemplate the modality of Electronic Catalog Purchases; therefore it is imperative to establish its regulation and scope through a regulation that facilitates its application in an efficient, effective, and transparent manner.

Articles

Article 1.-

PURPOSE AND OBJECTIVE OF THE LAW. This Law is of public order and regulates the purchases of goods or services through Electronic Catalog, which includes the following modalities: Framework Agreement, Joint Purchase, and Reverse Auction, which shall be entered into by the organs of the Centralized and Decentralized Public Administration.

Article 2.-

CONCEPTS. For the purposes and effects of this Law, the following terms shall have the meaning expressed below:

  • 1)

    Framework Agreement: It is a contracting modality by which the State, through the Normative Office of Contracting and State Acquisitions, hereinafter ONCAE, shall select one or more suppliers, as provided in the Terms and Conditions Documents, to be incorporated within the Electronic Catalog. The modalities and characteristics of Framework Agreements are regulated in the Regulations of this Law and in the Manual that ONCAE shall issue for such purpose;

  • 2)

    Joint Purchase: It is a contracting modality by which two (2) or more organs or entities group together, through the execution of an Agreement, to contract goods or services jointly, through a single bidding process and with the supplier or suppliers that are selected;

  • 3)

    Reverse Auction: It is a selection modality by which a state entity carries out the acquisition of goods or services of common use incorporated in an Electronic Catalog, which are offered through a public bid and in which the winning bidder shall be the one that offers the lowest price or cost under equal commercial and service circumstances, through a process of offering better price downward, competing among all participants. This selection modality may be conducted in person or electronically;

  • 4)

    Cataloging: It is the process of entering into the Catalog the information resulting from the execution of a Framework Agreement, Joint Purchase, Reverse Auction, or other information regarding the awarded bidders and the characteristics and conditions of the goods or services offered by them, which shall be summarized and consolidated according to the Regulations of this Law and administered and managed by ONCAE;

  • 5)

    Purchases through Electronic Catalog: Electronic mechanism administered by ONCAE, which allows the development of the contracting modalities of Framework Agreement, Joint Purchase, Reverse Auction, and any other modality that is considered and implemented by ONCAE;

  • 6)

    Awarded Bidders: It is understood as such that bidder who has been incorporated into the Electronic Catalog, selected by a state acquiring entity and chosen for the corresponding issuance of Purchase Order in their favor. For which purpose it shall be a requirement to have complied with participation, including their economic and financial solvency, technical or professional competence;

  • 7)

    Functions of the Acquiring Entity: They are the functions described expressly in this Law and those tacitly required in order to carry out the modalities within the Electronic Catalog, including: prior activities, selection, adjudication, administration and evaluation of contracting, as well as the functions derived in accordance with the State Contracting Law to the organs responsible for the procedures. Likewise, said functions shall be determined in the Regulations of this Law.

Article 3.-

SCOPE OF APPLICATION. This Law is applicable to all purchase contracts through Electronic Catalog of Goods or Services entered into by the entities of the Centralized and Decentralized Public Administration. It is equally applicable to similar contracts entered into by the Legislative and Judicial Branches; Public Ministry or any other state organism that is financed with public funds, with the modalities characteristic of its structure and budgetary execution. Compliance with this Law shall be mandatory in all those processes where the goods or services previously established are found within the Electronic Catalog. Purchases of goods or services already incorporated within the Electronic Catalog may not be made except through the modalities of Framework Agreement, Joint Purchase, and Reverse Auction, in accordance with this Law. Purchases of Goods or Services incorporated within the Electronic Catalog that are made outside of it shall be null, except in those special cases that ONCAE may qualify.

Article 4.-

PRINCIPLES. The following principles are applicable to the contracting modalities referred to in this Law:

  • 1)

    Principle of Transparency and Publication: It is the guarantee of transparency in all acts of Public Administration, as well as all information related to the bidding processes to which this Law refers, which shall be of public access. Likewise, its availability is guaranteed for all those interested in participating in them, without prejudice to the data that are protected by confidentiality established in other laws;

  • 2)

    Principle of Planning: It refers to the fact that all processes regulated by this Law must have as their objective satisfying needs framed within the goals established by the acquiring entities or organs;

  • 3)

    Principle of Effectiveness and Good Governance: It refers to the fact that all processes regulated by this Law must be initiated, programmed, and executed in order to achieve the objectives and goals established; making optimal use of the assigned resources;

  • 4)

    Principle of Best Value for Money: It refers to the fact that in every process subject to this Law, additional factors to price must be observed that allow the selection of the offer that presents the optimal combination of costs and advantages of quality and lifecycle of the good or service. The application of best value for money should not be confused with selecting the lowest price option, but rather the offer that presents the best comprehensive evaluation of technical aspects, price factors, and supplier qualifications; and,

  • 5)

    Principle of Simplification and Economy in the Process: It shall be understood that in all contracting, the criteria of simplicity, austerity, concentration, and savings in the use of resources must be applied, in the stages of the selection processes and in the agreements and resolutions issued thereon, and in the bases and in the contracts, costly and unnecessary requirements and formalities must be avoided.

Article 5.-

NORMATIVE HIERARCHY. Regarding Purchases through Electronic Catalog, the hierarchy of application of norms shall be as follows:

  • 1)

    The Constitution of the Republic;

  • 2)

    International Treaties or Agreements;

  • 3)

    This Law;

  • 4)

    The Regulations of this Law;

  • 5)

    The Terms and Conditions Documents, Manuals and Circulars established by the Normative Office of Contracting and State Acquisitions (ONCAE) for the modalities of Purchases through Electronic Catalog;

  • 6)

    The General Law of Public Administration; and, 7) The State Contracting Law, in a supplementary manner.

Article 6.-

FUNCTIONS OF ONCAE. It corresponds to the Normative Office of Contracting and State Acquisitions (ONCAE) the following functions:

  • 1)

    Issue the regulations, agreements, circulars, manuals, terms and conditions documents and other normative instruments necessary for the application of this Law;

  • 2)

    Conduct all prior activities related to the execution of the modalities within the Electronic Catalog;

  • 3)

    Select the suppliers that will disseminate their prices and products in the Electronic Catalog;

  • 4)

    Incorporate into the Electronic Catalog the selected suppliers, as well as any other information that is considered relevant;

  • 5)

    Execute, administer and evaluate Framework Agreements, Joint Purchases, and Reverse Auctions; and,

  • 6)

    Any other that is attributed to it by this Law or the Regulations. In addition to the functions and responsibilities granted to ONCAE in Articles 30 and 31 of the State Contracting Law, this entity shall have functional and administrative independence and shall have all the functions described expressly in this Law and those required in order to carry out the modalities within the Electronic Catalog. CHAPTER II FORMS OF CONTRACTING

Article 7.-

CONTRACTING MECHANISMS. The Electronic Catalog is the means of contracting for the procedures established in this Law. CHAPTER III ELECTRONIC CATALOG

Article 8.-

ELECTRONIC CATALOG. It is the electronic means that contains an organized list, in which suppliers, products, prices and any other relevant information or data are included and described individually.

Article 9.-

PURPOSE OF THE CATALOG. The Electronic Catalog shall be administered by ONCAE, and shall have the following purpose:

  • 1)

    Make purchasing processes transparent;

  • 2)

    Simplify purchases by selecting suppliers through an open process;

  • 3)

    Expand the participation of bidders;

  • 4)

    Promote commercial activity; and,

  • 5)

    Establish greater control of the public purchasing function.

Article 10.-

CONTENT OF THE ELECTRONIC CATALOG. The Electronic Catalog shall include, at a minimum, the following information:

  • 1)

    Selected and classified suppliers;

  • 2)

    Products, photos and their description;

  • 3)

    Prices; and,

  • 4)

    Conditions. The cataloging shall be carried out by ONCAE and shall occur when agreements have been executed with the awarded bidders and acquiring entities.

Article 11.-

SELECTION OF SUPPLIERS. The selection of a supplier within the process of incorporation into the Electronic Catalog does not represent a commitment or economic or contractual obligation for the State of Honduras and its organs. CHAPTER IV PROCEDURE SECTION FIRST CONDITIONS OF THE BIDDERS

Article 12.-

CAPACITY, SOLVENCY AND COMPETENCE OF BIDDERS. All Bidders that are registered in the Registry of Suppliers and Contractors of the State, which for such purpose is administered by ONCAE, may contract under these modalities. For the processes of data updates, awarded bidders are obligated to present every six (6) months the Data Update Form for Registration, which ONCAE shall provide; the foregoing with the aim of considering and evaluating aspects of the bidders that may be subject to change in the short term, such as financial statements, change of corporate names, acquisition of new equipment in their businesses, separation or admission of new partners, new legal representatives and others. In case there are no changes, the Update shall consist of a Simple Declaration, expressly stating that their condition as a Bidder has not changed or been modified.

Article 13.-

EVALUATION POLICIES ON THE COMPETENCE OF SUPPLIERS AND CONTRACTORS. ONCAE shall evaluate the competence and capacity of suppliers or contractors in accordance with the criteria and procedures established in the Terms and Conditions Documents. The Regulations of this Law shall regulate the criteria, requirements or procedures, legalization and verification of information from documents presented by suppliers or contractors. No criterion, requirement or procedure with respect to the qualifications of suppliers or contractors that are not provided for in this Law, its Regulations, Terms and Conditions Documents, Manuals and respective Circulars may be imposed.

Article 14.-

PROHIBITIONS AND INELIGIBILITIES. For the application of this Law, the ineligibilities and prohibitions established in Articles 15 and 16 of the State Contracting Law shall be observed.

Article 15.-

NULLITY OF CONTRACTS ENTERED INTO BY PUBLIC OFFICIALS OR NATURAL OR LEGAL PERSONS INELIGIBLE. Contracts entered into by public officials or employees or by natural or legal persons, nationals or foreigners, who are within any of the prohibitions and ineligibilities set forth in the Law shall be null. The persons included within such ineligibilities or prohibitions shall be held administratively responsible for their actions, without prejudice to the civil and criminal responsibility that may correspond. SECTION SECOND PURCHASES THROUGH ELECTRONIC CATALOG

Article 16.-

PROCEDURE. Efficient and Transparent Purchases through Electronic Means shall consist of the selection by each acquiring entity that has interest in obtaining any of the goods or services that are offered in the Electronic Catalog. The acquiring entity, once enabled by ONCAE, shall manage directly, but through the Electronic Catalog, the Purchase Order to the chosen provider in accordance with the criteria set forth in this Law and its Regulation. The Electronic Catalog shall be available in the Information System for State Procurement and Acquisitions of Honduras "Honducompras"; organized, directed and administered by ONCAE. CHAPTER V OF THE COMMON PROCEDURES FOR THE DIFFERENT CONTRACTING MODALITIES INCLUDED IN THE ELECTRONIC CATALOG -- FIRST SECTION OF THE PROCEDURES

Article 17.-

MODIFICATIONS DURING THE OPERATION OF FRAMEWORK AGREEMENTS. During the execution of a Framework Agreement, no change to the description of the object of the acquisition shall be authorized. Changes to other terms and conditions of the acquisition, including the criteria and procedures for the awarding of the contract, may occur only to the extent expressly permitted in the Framework Agreement.

Article 18.-

GOODS AND SERVICES THAT MAY BE SUBJECT TO FRAMEWORK AGREEMENT. On its own initiative or at the suggestion of one or more acquiring entities, ONCAE shall determine, after prior study and evaluation, the incorporation or exclusion of the goods or services that shall be the object of a Framework Agreement.

Article 19.-

DESCRIPTION OF THE OBJECT OF CONTRACTING. The description of the object of the contracting must be objective, functional and generic, establishing the corresponding technical and quality characteristics. Therefore, it must include, among other things, the specifications, plans, photos or drawings, designs, requirements, tests and methods, packaging, marking or labeling or certification, symbols and terminology.

Article 20.-

RESPONSIBILITIES OF THE SUCCESSFUL BIDDER. The Successful Bidder is obligated to comply with all conditions of the good or service offered in the Electronic Catalog, as well as those contained in the respective Terms and Conditions.

Article 21.-

RESPONSIBILITIES OF THE ACQUIRING ENTITY. The acquiring entity shall be obligated to purchase according to the requirements of its needs those products, goods or services that are included in the Electronic Catalog in observance of the requirements, criteria and conditions of this Law. Failure to comply with the foregoing shall result in the application of the administrative, civil and criminal sanctions as appropriate. In the case of Joint Purchases, state entities are obligated to comply with this Law, its Regulation, Manuals and Terms and Conditions for this modality, and other applicable laws. SECOND SECTION OF PRELIMINARY ACTIVITIES

Article 22.-

MANDATORY NATURE OF THE PROCESS. ONCAE shall assign and enable the officials who meet the procedure profile, with the respective credentials and users, a procedure that shall be regulated in the Regulation of this Law.

Article 23.-

BUDGETARY ALLOCATION. All processes whose goods and services are offered within contracting by Electronic Catalog shall have the pertinent availability in the General Budget of Income and Expenses of the Republic. The State Secretariat of Finance shall ensure prompt payment and simplification of the process.

Article 24.-

MARKET RESEARCH. Prior to the call to participate in public processes of Efficient and Transparent Purchases through electronic means or Catalog Purchases, a Market Research shall be conducted that provides sufficient information about the needs of the State and the different options for satisfying the same. At a minimum, the Market Research must contain an analysis that justifies the inclusion of the products to be subject to the process, technical specifications, delivery requirements, suppliers and their characteristics. THIRD SECTION OF THE INITIATION OF THE PROCEDURE

Article 25.-

PRELIMINARY ACTIVITIES. In application of the powers of ONCAE, it shall carry out, at a minimum, the following preliminary activities:

  • 1)

    Design, execute and implement the guidelines related to the initiation of Efficient and Transparent Purchases through electronic means, regardless of the contracting modality. These shall include the preparation of the process, invitation and receipt of bids, evaluation of bidders and incorporation in the Electronic Catalog;

  • 2)

    Develop the modules and tools necessary for the development of the Electronic Catalog;

  • 3)

    The processing, management, development, analysis, evaluation, maintenance and updating of the Electronic Catalog; and,

  • 4)

    Those required for development within all modalities by Electronic Catalog. Without prejudice to the activities of ONCAE, the bodies responsible for contracting and for the commitments arising from Purchase Orders shall be each of the acquiring entities that generate the same.

Article 26.-

INVITATION. The invitation to submit bids shall be made through notices that shall be published in Honducompras and social networks, with the frequency and notice that shall be determined in the Terms and Conditions established for each contracting modality, thereby promoting the principles of transparency, participation and competition. Through the Manuals, each of the characteristics of the invitation stage shall be regulated for the different Contracting modalities.

Article 27.-

DOCUMENTARY RECORD OF THE CONTRACTING PROCESS. ONCAE shall maintain a record of the public contracting procedures that are carried out through the modalities established in this Law. The content of said record shall be regulated through the corresponding Manual, and must be electronic or digital.

Article 28.-

CANCELLATION OF THE ACQUISITION PROCESS. ONCAE may cancel the Acquisition Process at any time prior to the submission of bids, accrediting the reasons that originate the impediments for its realization or future execution. In the Regulation of this Law the grounds for canceling a process and the acts to be performed for its invocation, formalization and publication shall be determined. FOURTH SECTION OF THE TERMS AND CONDITIONS

Article 29.-

TERMS AND CONDITIONS. The terms and conditions shall be prepared by ONCAE, specifying the general and special conditions of each contracting modality and, where applicable, the model of the Agreement, Contract or Purchase Order intended to be executed; it shall also include the deadline and place for the submission of bids and the deadline for the execution of the services. Said Terms and Conditions shall not cause any cost and shall be provided through the Information System for State Procurement and Acquisitions Honducompras. The Terms and Conditions shall include the following minimum content:

  • 1)

    Description of the needs to be satisfied with the required goods or services and invitation to submit bids;

  • 2)

    Precise indication of the required goods or services, including their technical specifications, quantities, quality standards and special conditions or characteristics;

  • 3)

    Object of the contracting;

  • 4)

    Date and time limit for submitting bids, with indication of the place, day and time scheduled for their opening in public hearing;

  • 5)

    Forms and formal requirements for submission of bids, including the documents that shall accompany them and other instructions to bidders;

  • 6)

    Errors and subsanable defects and deadline for such purpose;

  • 7)

    Period of validity of the bids;

  • 8)

    Admissibility or inadmissibility of partial bids or of one or more alternatives to the bid;

  • 9)

    Determining causes of the inadmissibility of bids;

  • 10)

    Criteria for the evaluation of bids and for deciding the awarding of the contract;

  • 11)

    The way in which the price shall be expressed, indicating whether or not it shall include transportation, insurance, port services, customs and delivery expenses;

  • 12)

    The right of the contracting authority to reject all bids in the cases provided in the pertinent provision of the State Procurement Law;

  • 13)

    The way to request clarifications and methodology for its response;

  • 14)

    The technical sheets of each of the goods and services included in the same; and,

  • 15)

    Any other clause that ONCAE deems appropriate.

Article 30.-

PROMOTION OF COMPETITION. Any act of the Public Administration is totally prohibited, that through the Terms and Conditions limits or restricts the participation of bidders under equal conditions, as well as the use of technical specifications in the sheets, that directly or indirectly favors one of the participants, to the detriment of the Principles of Transparency, Efficiency, Publicity, Equality and Free Competition. Non-compliance shall be sanctioned.

Article 31.-

STANDARDS RELATING TO EVALUATION, CRITERIA AND PROCEDURES. The evaluation criteria related to the object of the procurement may include: 1) Price; 2) The cost of operation, maintenance and repair of goods or services, the delivery period of the goods, the provision of services, the characteristics of the object of the procurement, such as the functional characteristics of the goods or services and the environmental characteristics of the object, the payment conditions and guarantees in relation to what will be contracted; and, 3) When pertinent, in purchases made in accordance with the experience, reliability and capacity, professional and administrative of the providers or contractors and the personnel to participate in providing the object of the procurement. The evaluation of the technical proposal shall be made considering, among other factors, the following:

  • 1)

    Compliance with the conditions established in the Terms and Conditions;

  • 2)

    Capacity to participate in the process; and,

  • 3)

    Those established by the Terms and Conditions in each process.

Article 32.-

CRITERIA FOR INCORPORATION INTO THE ELECTRONIC CATALOG. To incorporate economic offers in the Electronic Catalog, the following criteria shall be evaluated:

  • 1)

    Availability of goods or services;

  • 2)

    Related services;

  • 3)

    Useful life;

  • 4)

    Performance of the good or equipment;

  • 5)

    Better value for money;

  • 6)

    Base price;

  • 7)

    Lowest price; and if applicable, in the Terms and Conditions the incorporation of the cost-benefit criterion shall be determined; and,

  • 8)

    Other criteria established in the Terms and Conditions in accordance with the goods or services to be acquired. CHAPTER VI OF THE SPECIFIC PROCEDURES FOR EACH OF THE CONTRACTING MODALITIES INCLUDED WITHIN THE ELECTRONIC CATALOG FIRST SECTION OF THE FRAMEWORK AGREEMENT

Article 33.-

SPECIFIC PROCEDURES. For those aspects and activities concerning the regulation of the contracting modalities that, due to their qualities and nature, are not developed in this Law, as they are not common among them, they shall be regulated through its Regulations, Terms and Conditions, Manuals and respective Circulars. The Manuals shall include matters related to the presentation and opening of offers; the evaluation of proposals; standards relating to the criteria and procedures for the evaluation of technical and economic offers.

Article 34.-

VALIDITY OF FRAMEWORK AGREEMENTS. The validity of Framework Agreements shall be established in the Terms and Conditions of the corresponding process, and may be extended during its execution; however, any extension of a Framework Agreement must be made following a public call via electronic means for participation by all possible interested parties in adhering to it.

Article 35.-

MICROENTREPRENEUR MARKET. In order to encourage the economy and strengthen local production, as well as increase the participation of microenterprises in state purchases, ONCAE shall design specific Framework Agreements for this purpose, through the issuance and regulation of the criteria for selection and execution of purchases through this modality. The design of these agreements must contain simple procedures that promote efficiency in purchases. ONCAE, in coordination with other local state entities, shall be responsible for calling at the local or national level to interested parties, to carry out the selection of those who may supply the State with the goods or services it requires. The results of these calls shall be disseminated through a Catalog called the Microentrepreneur Market; organized, directed and administered by ONCAE. SECOND SECTION OF JOINT PURCHASES

Article 36.-

PURPOSE OF JOINT PURCHASES. This modality is intended to achieve better prices and delivery and quality conditions, through larger purchase volumes. This type of modality shall be coordinated and directed by ONCAE. Likewise, this type of modality shall be developed properly in the Regulations, Terms and Conditions, Manuals and respective Circulars. THIRD SECTION OF REVERSE AUCTION

Article 37.-

IN-PERSON REVERSE AUCTION. This modality is conducted in a public act by means of which the bidders may submit their price proposals either in written form or through the exchange of verbal offers in the act of submission of offers.

Article 38.-

ELECTRONIC OR VIRTUAL REVERSE AUCTION. It is conducted through the use of information technology resources, in accordance with the procedures established in its Regulations, Terms and Conditions, Manuals and respective Circulars.

Article 39.-

TEMPORALITY OF IMPLEMENTATION. ONCAE and other state entities shall gradually manage the actions to incorporate the Reverse Auction procedure, in any of its modalities, while the conditions of training and technology required for its implementation are being prepared. CHAPTER VII OF SANCTIONS FIRST SECTION OF SANCTIONS AND THEIR APPLICATION PROCEDURE

Article 40.-

SANCTIONS PROCEDURE. ONCAE is the entity responsible for imposing the sanctions established in this Law, which shall be developed in its Regulations. SECOND SECTION OF SANCTIONS ON SUCCESSFUL BIDDERS AND THEIR GRADUALITY

Article 41.-

SUSPENSION. Depending on the infraction committed by the successful bidders selected, ONCAE shall apply a suspension sanction, which shall range from one (1) month to one (1) year. Said suspension implies the exclusion of the selected providers from the Electronic Catalog, with all the effects that result from it.

Article 42.-

CRIMINAL AND PATRIMONIAL LIABILITY. The application of sanctions by ONCAE against the successful bidders for breach of contracts does not exclude them from possible criminal sanctions and others established in applicable laws, for conduct of such nature in which they may have incurred and which are imposed by the Competent Entities for such purpose. This liability shall also fall upon public officials and employees who fail to comply with what is established in this Law. THIRD SECTION OF REMEDIES MECHANISMS

Article 43.-

REMEDIES PROCEDURE. In accordance with what is provided in this Law and its Regulations, regarding remedies mechanisms, the provisions of the Administrative Procedure Law shall apply and in judicial proceedings, the Law of Administrative Contentious Jurisdiction, except when the processes are financed with funds from a loan contract, in which case the mechanisms established therein shall apply.

Article 44.-

GENERAL PRINCIPLES AND SUPPLEMENTARY APPLICATION. For the resolution of matters not expressly provided for in this Law, the General Principles of Administrative Law, Doctrine and, as a supplement, the State Contracting Law and its Regulations shall apply, provided they are not incompatible with the regime established therein. SECOND SECTION OF SPECIFIC PROVISIONS

Article 45.-

INSTITUTIONAL AGREEMENTS. Without prejudice to the standards and procedures established in the pertinent laws, ONCAE is authorized to recommend the conditions and negotiations for the execution of institutional agreements that could be of interest to the State, whether for collaboration between institutions similar to the Normative Office of Contracting and Acquisitions of the State (ONCAE), as well as for international agreements whose object and nature of approval is the purchase of goods or services under modalities that would benefit the State in economy or any other benefit.

Article 46.-

OPERATIVE MANUAL. In addition to the provisions of this Law and its Regulation, ONCAE is authorized to issue operative manuals, instructions, or other acts related to the procedures established in this Law.

Article 47.-

REQUEST FOR GUARANTEES FROM AWARDED BIDDERS. Due to the nature of the Framework Agreement procedure, the presentation of Offer Maintenance Guarantees or Performance Guarantees shall not be required from Bidders. In this case, only the respective Quality Guarantee shall be requested at the time the respective purchase order is generated, for goods that require it. In the case of non-compliance with the commitment to ensure the proper process for the delivery of goods or services, as well as their quality, the sanctions established in Chapter VII of this Law shall be imposed, insofar as they are applicable to the particular case.

Article 48.-

STATE RESPONSIBILITY IN PURCHASE MANAGEMENT. Under no circumstances shall the selection or incorporation of awarded bidders within the Electronic Catalog imply a commitment on the part of acquiring entities to purchase goods or services from them. Should the purchase proceed, the obligation shall rest with the acquiring entities in the duty to select one of the suppliers within the Electronic Catalog. The public official or employee who purchases goods or services included in the Electronic Catalog outside the scope of this Law shall incur in responsibility. THIRD SECTION OF FINAL PROVISIONS

Article 49.-

EXPRESS EXCLUSION. In accordance with the provisions of this Law, the contracting processes under the modalities established in the State Contracting Law, Law for the Promotion of Public-Private Associations, and other applicable laws, shall be governed by the pertinent special regulations.

Article 50.-

REGULATIONS. The Executive Branch, through the Normative Office of State Contracting and Acquisitions (ONCAE), shall issue the Regulation of this Law within a period not exceeding forty-five (45) business days from its effective date.

Article 51.-

This Decree shall enter into effect as of the day following its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, Municipality of the Central District, in the Session Hall of the National Congress, on the twenty-first day of the month of March of two thousand thirteen. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY ELISEO NOEL MEJÍA CASTILLO SECRETARY To the Executive Branch. Therefore: Let It Be Executed. Tegucigalpa, M.D.C. July 1, 2014. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF FINANCES WILFREDO CERRATO RODRÍGUEZ _______ BIDDING NOTICE MUNICIPALITY OF SAN ANDRÉS, DEPARTMENT OF LEMPIRA HONDURAS, C.A. PUBLIC BIDDING No. 001-2014 ACQUISITION OF VEHICLE FOR ADMINISTRATION, MANAGEMENT AND SUPERVISION OF MUNICIPAL INFRASTRUCTURE, HEALTH AND EDUCATION PROJECTS

  • •

    The Municipality of San Andrés, Lempira, invites properly and legally constituted companies interested in participating in the Bidding: LPB-MUNI: S.A.L-2014. To submit sealed bids for the acquisition of a vehicle for use in administration, supervision and management of municipal infrastructure, health and education projects. Financed with budgeted national funds.

  • •

    Interested parties may obtain the documentation for this bidding from August 6, 2014, to August 21, 2014, through written request or by email sent to José René Pérez Molina. Municipal Mayor, with telephone number: 9533-7905. Email: reneperez92@yahoo.es.

  • •

    Bids must be submitted in the city of Gracias Lempira, rooms of the ANTIGUA NORMAL DE GRACIAS, LEMPIRA. On the 22nd day of August 2014. Before 1:00 P.M. Bids received after the deadline will be rejected.

  • •

    Bids shall be opened in the presence of bidders who wish to attend in the established location. On the 22nd day of August at 1:00 P.M. San Andrés, department of Lempira, August 5 of the year 2014. Lic. José René Pérez M. Municipal Mayor

Notes

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