By means of Resolution No. RE-SERCOP-2024-0143, the General Director of the National Public Procurement Service issued the Annex containing the minimum and specific rules of participation that will be required from suppliers to participate in the procurement procedures established in Article 2, numeral 2 of the Organic Law of the National Public Procurement System (LOSNCP).
Before explaining the new annex, it is necessary to understand the purpose of the LOSNCP. In this regard, this regulation governs public procurement procedures for the acquisition or lease of goods, execution of works and provision of services. This law applies to all agencies and dependencies of the Ecuadorian government, and therefore it is prohibited for these institutions to contract outside this regulatory framework.
In view of the above, this resolution annexes to numeral 2, article 2 of the LOSNCP, new rules of participation for suppliers in contracting procedures under the Special Regime. The numeral in question states the following: “those qualified by the President of the Republic as necessary for the internal and external security of the State, and whose execution is in charge of the Armed Forces or the National Police”, such as the purchase of armament, ammunition or other objects directly related to the security of the country.
These rules are more of a statement on certain aspects that could affect the stages of contracting. Therefore, the subscriber is requested to make a statement on the following aspects:
- Not to be in interdiction or fraudulent insolvency, not to be a debtor in bankruptcy proceedings or in arrears with public sector entities.
- Be accredited in the RUP (Registro Único de Proveedores).
- Not having been convicted of embezzlement, extortion, bribery, extortion, bribery, illicit enrichment, crimes against public order or customs offenses, drug trafficking, money laundering, sexual exploitation, human trafficking, illicit trafficking or rape.
- Not having received credits that contravene the legal system.
- Certificate issued by UAFE.
In the event that the bidder is awarded the contract, this resolution requires the bidder to submit the following documentation prior to signing the contract:
a. Certificate of criminal record.
b. Affidavit stating that the economic activities carried out are lawful.
c. Those requested by the contracting entity in the specifications.
Finally, the resolution states that in case of failure to submit the required documentation or having altered or falsified the documentation or information in the declaration, it will be grounds for declaring the awarding of the contract as failed or non-compliant contractor and the penalties set forth in the Organic Law of the National Public Procurement System will be applied.
If you need legal assistance on the stages and processes of public procurement, do not hesitate to contact one of our professionals. You can write to us at ace@iurenovum.com or call us at 0990938575 or 0990552880. We will be happy to help you.
