Search with AI

Support Leyes.HN

Leyes.HN is free for everyone. Your donation helps keep it that way.

Donate
August 5, 2014In force

Law on Efficient Purchases and Transparency 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 modernizes Honduran government purchases through three electronic modalities: Framework Agreements, Joint Purchases, and Reverse Auctions. It aims to make public procurement more transparent, simple, and cost-effective, allowing multiple state entities to buy goods and services from selected suppliers in a digital catalog, with greater efficiency and broader supplier participation.

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, oriented toward achieving its objectives. Likewise, the Government of the Republic, through the Normative Office for State Contracting and Acquisitions (ONCAE), initiated in the year 2012 the preparatory acts to implement in the country Electronic Catalog Purchases.

Whereas in the interest of the State regarding 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 the participation in the management of acquisitions by suppliers and contractors regardless of the regulations and thus promoting international commerce; fostering competition among suppliers and contractors for the supply of the object of acquisition; ensuring fair, equal and equitable treatment of every supplier and contractor; promoting integrity, equity and public confidence in acquisition processes; and finally achieving transparency in procedures related to acquisitions.

Whereas on March 13, 2011, the Normative Office for State Contracting and Acquisitions (ONCAE) became attached to the Secretariat of State in the Ministry of Finance through Executive Agreement Number 011-2011, published in the Official Gazette La Gaceta on April 15, 2011.

Whereas the State Contracting Law, contained in Decree No. 74-2001 dated June 19, 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 purchase of goods or services by Electronic Catalog, which comprises the following modalities: Framework Agreement, Joint Purchase, and Reverse Auction, which shall be entered into by 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 hereinafter:

  • 1)

    Framework Agreement: It is a contracting modality by means of which the State, through the Normative Office of State Procurement and Acquisitions, hereinafter ONCAE, shall select one or more suppliers, as provided in the Conditions of Tender, to be incorporated within the Electronic Catalog. The modalities and characteristics of Framework Agreements shall be 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 means of which two (2) or more organs or entities are grouped, through the execution of an Agreement, to contract goods or services jointly, through a single tender and with the supplier or suppliers that are selected;

  • 3)

    Reverse Auction: It is a selection modality by which a state entity makes the acquisition of goods or services of common use incorporated in an electronic Catalog, which are offered through a public proposal 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 of better price reduction, competing among all participants. This selection modality may be carried out in person or electronically;

  • 4)

    Cataloging: It is the process of entering into the Catalog the information resulting from the subscription 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 synthesized and consolidated according to the Regulations of this Law and administered by ONCAE.

  • 5)

    Purchases by 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 the bidder that has been incorporated into the Electronic Catalog, selected by an appropriate state entity and chosen for the corresponding issuance of Purchase Order in its favor. For such purpose, it shall be a requirement to have complied with registration in the Registry of State Suppliers and Contractors, which ONCAE administers for such purpose.

  • 7)

    Functions of the Awarding Entity: They are the functions expressly described in this Law and those implied functions required to carry out the modalities within the Electronic Catalog, among these: prior activities, selection, award, administration and evaluation of contracting, as well as the functions derived in accordance with the State Contracting Law and 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 shall apply to all purchase contracts by Electronic Catalog of Goods or Services entered into by 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 proper to 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 qualifies.

Article 4.-

PRINCIPLES. The following principles shall apply 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 the Public Administration, as well as all information relating to tender processes or those referred to in this Law, 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 is protected by its 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 function of achieving the established objectives and goals, making optimal use of the allocated 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 bid that presents the optimal combination of costs and quality advantages of each offer of good or service. The application of best value for money should not be confused with selecting the lowest price option, but rather the bid that presents the best comprehensive evaluation of technical aspects, price factors and qualifications of the providers, and,

  • 5)

    Principle of Simplification and Economy in the Process: It should be understood that in all contracting the criteria of simplification, 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 received thereon, being necessary to avoid in the bases and in the contracts costly and unnecessary requirements and formalities.

Article 5.-

NORMATIVE HIERARCHY. In matters of Purchases by Electronic Catalog, the hierarchy of application of norms shall be the following: 1) The Constitution of the Republic, 2) International Treaties or Agreements, 3) This Law, 4) The Regulations of this Law; 5) The Conditions of Tender, Manuals and Circulars established by the Normative Office of State Procurement and Acquisitions (ONCAE) for the modalities of Purchases by Electronic Catalog; 6) The General Law of Public Administration; and, 7) The State Contracting Law, supplementarily. 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 ordered relationship 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)

    To make the purchase processes transparent,

  • 2)

    To simplify purchases by selecting suppliers through an open process,

  • 3)

    To expand the participation of bidders;

  • 4)

    To promote commercial activity, and,

  • 5)

    To 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. Cataloging shall be carried out by ONCAE and shall be produced when agreements have been entered into 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 BIDDERS

Article 12.-

CAPACITY, SOLVENCY AND SUITABILITY OF BIDDERS. Only those Bidders that are registered in the Registry of State Suppliers and Contractors, which ONCAE administers for such purpose, may contract under these modalities. For the processes of data updates, awarded bidders are obligated to submit every six (6) months, the Data Update Form for Registration, which ONCAE provides, the above with the aim of considering and evaluating the aspects of the bidders that may be subject to change in the short term, such as financial statements, change of corporate denominations, acquisition of new equipment in their businesses, separation or admission of new partners, new legal representatives and others. In the event there are no changes, the Update shall consist of a Sworn Statement of the representative expressly that there have been no changes not modified in condition as a Bidder.

Article 13.-

EVALUATION POLICIES ON THE SUITABILITY OF PROVIDERS AND CONTRACTORS. ONCAE shall evaluate the suitability and capacity of providers in the contracted processes in accordance with the criteria and procedures established in the Conditions of Tender. The Regulations of this Law shall regulate the criteria, requirements or procedures, legalization and verification of information of the documents presented by providers or contractors. No criterion, requirement or procedure may be imposed with respect to the qualifications of providers or contractors that are not provided for in this Law; its Regulations, Conditions of Tender, Manuals and respective Circulars.

Article 14.-

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

Article 15.-

NULLITY OF CONTRACTS ENTERED INTO BY OFFICIALS OR NATURAL OR LEGAL PERSONS DISQUALIFIED. Contracts entered into by public officials or employees or natural or legal persons, national or foreign, that are within any of the prohibitions and disqualifications set forth in the Law shall be null. Persons within such disqualifications or prohibitions shall respond administratively for their actions, without prejudice to the civil and criminal liability that corresponds. SECTION SECOND PURCHASES BY ELECTRONIC CATALOG

Article 16.-

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

Article 17.-

MODIFICATIONS DURING FRAMEWORK AGREEMENT OPERATIONS. During the execution of a Framework Agreement, no changes 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 contract qualification, 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, following study and evaluation, the incorporation or exclusion of goods or services that would be the subject of a Framework Agreement.

Article 19.-

THE 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 nomenclature.

Article 20.-

RESPONSIBILITIES OF THE AWARDED BIDDER. The Awarded 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 its needs, those products, goods or services included in the Electronic Catalog in compliance with the registries, criteria and conditions of this Law. Non-compliance with the foregoing shall result in the application of administrative, civil and criminal sanctions that are 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 PRELIMINARY ACTIVITIES

Article 22.-

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

Article 23.-

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

Article 24.-

MARKET STUDIES. Prior to calling for participation in public processes of Efficient and Transparent Purchases through electronic means or Catalog Purchases, a Market Investigation shall be conducted that provides sufficient information about the State's needs and different opinions for their satisfaction. At a minimum, the Market Investigation must contain an analysis justifying the inclusion of the product to be subject to the process, technical specifications, delivery requirements, suppliers and their characteristics. THIRD SECTION INITIATION OF THE PROCEDURE

Article 25.-

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

  • 1)

    Design, execute and attend to the guidelines related to the initiation of Efficient and Transparent Purchases through electronic means, whatever the contracting modality may be. These shall include the preparation of the process, invitation-receipt of bids, evaluation of bidders and incorporation into the Electronic Catalog;

  • 2)

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

  • 3)

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

  • 4)

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

Article 26.-

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

Article 27.-

DOCUMENTARY RECORD OF THE CONTRACTING PROCESS. ONCAE shall maintain a record of the public contracting procedures carried out through the modalities established in this Law. The content of such 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, substantiating the reasons that give rise to the impediments for its execution or future performance. The Regulation of this Law shall determine the grounds for canceling a process and the acts to be performed for its invocation, formalization and publication. FOURTH SECTION 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 to be executed; it shall also include the deadline and place for submission of bids and deadline for service delivery. Such Terms and Conditions shall not incur any cost and shall be provided through the Information System of State Contracting 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 conditions or special characteristics;

  • 3)

    Object of the contracting;

  • 4)

    Final deadline and time 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 must be attached and other instructions to bidders;

  • 6)

    Correctable errors and defects and deadline for such purpose;

  • 7)

    Period of validity of bids;

  • 8)

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

  • 9)

    Grounds for inadmissibility of bids;

  • 10)

    Criteria for evaluation of bids and for deciding on contract award;

  • 11)

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

  • 12)

    Right of the contracting authority to reject all bids in the cases provided for in the relevant provision of the State Contracting Law;

  • 13)

    Methods of requesting clarifications and methodology for their response;

  • 14)

    The technical specifications of each of the goods and services included therein; and,

  • 15)

    Any other clause that ONCAE deems appropriate.

Article 30.-

PROMOTION OF COMPETITION. It is completely prohibited for any act of the Public Administration, through the Terms and Conditions, to limit or restrict the participation of bidders on equal terms, as well as the use of technical specifications in the specifications that, directly or indirectly, favor 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.-

NORMS RELATING TO EVALUATION, CRITERIA AND PROCEDURES. The evaluation criteria related to the object of contracting may include: 1) Price; 2) The cost of operation, maintenance and repair of goods or services, the deadline for delivery of goods, the provision of services, the characteristics of the object of contracting, such as functional characteristics of goods or services and environmental characteristics of the object, payment conditions and guarantees in relation to what will be contracted, and, 3) When appropriate, in purchases made in accordance with the experience, reliability and professional and administrative capacity of the suppliers or contractors and personnel to participate in providing the object of contracting. The evaluation of the technical bid shall be done 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 in the Terms and Conditions in each process.

Article 32.-

CRITERIA FOR INCORPORATION INTO THE ELECTRONIC CATALOG. To incorporate economic offers into 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)

    Best value for money;

  • 6)

    Base price;

  • 7)

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

  • 8)

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

Article 33.-

SPECIFIC PROCEDURES. For those aspects and activities concerning the regulation of contracting modalities that, due to their qualities and nature, are not developed in the present Law, because they are not common among them, they shall be regulated through its Regulation, Terms and Conditions, Manuals and respective Circulars. In the Manuals shall be included matters related to the presentation and opening of offers, the evaluation of proposals, norms related to the criteria and procedures for the evaluation of technical and economic offers.

Article 34.-

TERM OF FRAMEWORK AGREEMENTS. The term 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 carried out following a public call via electronic means inviting all possible interested parties to adhere to it.

Article 35.-

MICROENTREPRENEUR MARKETPLACE. In order to strengthen the economy and promote local production, as well as increase the participation of microenterprises in state purchases, ONCAE shall establish specific Framework Agreements for this purpose, through the establishment and regulation of selection and execution criteria for 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 convening at the local or national level to interested parties, allowing the selection of those who can provide the State with the goods or services it requires. The result of these calls shall be disseminated through a Catalog called Microentrepreneur Marketplace, organized, directed and managed by ONCAE. SECOND SECTION JOINT PURCHASES

Article 36.-

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

Article 37.-

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

Article 38.-

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

Article 39.-

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

Article 40.-

SANCTION PROCEDURE. ONCAE is the entity responsible for imposing the sanctions established in this Law, which shall be developed in its Regulation. SECOND SECTION SANCTIONS TO AWARDED BIDDERS AND THEIR GRADUALITY

Article 41.-

SUSPENSION. Depending on the infraction incurred by the selected awarded bidders, ONCAE shall apply a suspension sanction, which shall range from one (1) month to one (1) year. Such suspension implies the exclusion of the selected suppliers from the Electronic Catalog, with all the effects derived therefrom.

Article 42.-

CRIMINAL AND PATRIMONIAL LIABILITY. The application of sanctions by ONCAE, being an administrative determination regarding breach of contracts, does not exclude them from eventual criminal sanctions and others established in applicable laws; for the conduct in which they have incurred that may be challenged by the Competent Entities for such purpose. This responsibility shall also fall upon public officials and employees who fail to comply with the provisions of the present Law. THIRD SECTION CHALLENGE MECHANISMS

Article 43.-

CHALLENGE PROCEDURE. In accordance with the provisions of the present Law and its Regulation, regarding the challenge mechanisms, the provisions of the Administrative Procedure Law shall apply and in the judicial forum, the Law of Administrative Contentious Jurisdiction, except when the processes are financed with general emergency budget funds in which case the mechanisms established in the same shall be applied.

Article 44.-

GENERAL PRINCIPLES AND SUPPLEMENTARY APPLICATION. For the resolution of matters not expressly provided for in the present Law, the General Principles of Administrative Law, Doctrine and supplementarily the State Contracting Law and its Regulation shall be applicable, provided they are not incompatible with the regime established therein. SECOND SECTION SPECIFIC PROVISIONS

Article 45.-

INSTITUTIONAL AGREEMENTS. Without prejudice to the norms and procedures established in the pertinent laws, ONCAE is authorized to recommend the conditions and negotiations for the registration of institutional agreements that may be useful to the State, whether for collaboration between institutions analogous to the Normative Office of State Contracting and Acquisitions (ONCAE), as well as for international agreements whose object and nature of approach is the purchase of goods or services under modalities that will benefit the State in economy or any other benefit.

Article 46.-

OPERATIONAL MANUAL. In addition to the provisions of the present Law and its Regulation, ONCAE is authorized to issue operational manuals, instructions or other acts related to the procedures established in the present 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 to Bidders is not required. In this case, only the respective Quality Guarantee shall be requested at the moment of issuing the Purchase Order in their favor. To this end, it shall be a requirement to have complied with the registration in the Registry of Providers and Contractors of the State, and regarding the quality of the same, the sanctions established in Chapter VII of this Law shall be imposed, as applicable to the particular case.

Article 48.-

STATE RESPONSIBILITY IN PURCHASE MANAGEMENT. In no circumstances shall the selection or incorporation of awarded bidders within the Electronic Catalog imply a commitment by the acquiring entities to purchase goods or services from them. Should the purchase proceed, the obligation shall fall upon the acquiring entities to select one of the providers from 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 responsibility. THIRD SECTION OF FINAL PROVISIONS

Article 49.-

COMPANY EXCLUSION. In accordance with the provisions of this Law, procurement processes under the modalities established in the State Procurement Law, the Law on Promotion of Public-Private Partnerships, and other applicable laws, shall be governed by the pertinent special regulations.

Article 50.-

REGULATIONS. The Executive Branch, through the Normative Office of Contracting and State Acquisitions (ONCAE), shall issue the Regulation of this Law, within a maximum term of forty-five (45) business days from its effectiveness.

Article 51.-

This Decree shall become effective 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-ninth 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 FINANCE WILFREDO CERRATO RODRIGUEZ NOTICE OF BIDDING 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 duly legally constituted and registered companies with the Tax Authority to participate in the Bidding - LPD-MUNI. S.A.I.-2014-A to submit sealed bids for the acquisition of a vehicle for administration, supervision and management of municipal infrastructure, health and education projects. Financed with budgeted national funds. Interested parties may acquire the documentation for this bidding from August 6, 2014, to August 21, 2014, by written request or by email addressed to: José Rene Pérez Molina. Municipal Mayor, with telephone number: 9633-7908. Email: joseperez@?.com The bids shall be submitted in the city of Gracias, Lempira, offices of the ANTIGUA NORMAL SCHOOL OF GRACIAS, LEMPIRA. On the 22nd day of the month of August of 2014. Before 01:00 P.M. Bids received after the deadline shall be rejected. The bids shall be opened in the presence of the bidders who wish to attend at the established location. On the 22nd day of the month of August at 01:00 P.M. San Andrés, department of Lempira, August 5 of the year 2014. Lic. José Rene Pérez M. Municipal Mayor /SA 2014

Notes

Loading…