Modifications To The Purchase Regime

On December 11, 2023, Law 21,634 was published, which modernizes the public procurement regime. Below are some interesting modifications introduced by this law:

  • New special public procurement procedures are introduced: Purchase by Quote, Dynamic Purchasing Agreement, Contracts for Innovation, Competitive Innovation Dialogue and Electronic Reverse Auction.
  • New rules of probity and transparency are introduced in public purchases (for example, the obligation to identify the final beneficiaries of legal entities registered in the Supplier Registry).
  • Incentives are introduced for the participation of smaller companies in public procurement processes (for example, as a general rule, Temporary Supplier Unions must be composed exclusively of smaller companies).
  • The obligation of State agencies to promote the participation of smaller companies, local suppliers and smaller companies led by women in public procurement processes is established.
  • The jurisdiction of the Public Procurement Court is expanded, its procedures are modified and its number of members is increased. Disabilities and prohibitions are also established regarding the latter.
  • The catalog of entities subject to Law 19,886 (Public Procurement Law) is expanded in their contracting processes. For example, corporations, foundations and associations in whose administration or direction State Administration agencies participate, which receive transfers of public funds for 1,500 UTM or more in a calendar year.
  • Entities receiving public funds subject to Law 19,862 (law that establishes registries of legal entities receiving public funds), will be subject to the provisions of Law 19,886 in the cases defined in the public procurement regulations, with respect to such money.
  • The partial application of Law 19,886 to contracts for the concession of public works and the execution of public works is established.

The provisions of this new law come into effect on a deferred basis, depending on the respective matter.c

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