Regulation No. 543-12 implementing Law No. 340-06.

CONSIDERING: That the efficiency that demand el State Dominican in matters of purchases and contracts, demanded to have a instrument legal to eliminate the shortcomings of the framework legal then valid and contribute to its harmonization with the right merchant international and the most modern methods of recruitment;

CONSIDERING: That, in this sense, the decision was issued Act No. 340-06, on Purchases and Contracts of Goods, Works, Services and Concessions, of August 18, 2006, which was later modified by the Act No. 449-06, of December 6, 2006, constituting a framework legal unique and homogeneous, incorporating the best international and national practices in public procurement and contracting;

CONSIDERING: That the System of Purchases and Contracts established by the Act No. 340-06, amended by the Act No. 449-06, is related to the System Integrated from Administration Financial of the State;

CONSIDERING: That the Act No. 340-06, amended by the Act No. 449-06, provides that the President of Republic, must dictate the respective regulations for its application;

CONSIDERING: That on August 30, 2007, the President of Republic issued the Purchasing and Contracting Regulations Goods, Services and Works, No. 490-07.

CONSIDERING: That after haber After five (5) years of the implementation of Regulation 490-07, it is appropriate to review, with the aim of including the regulations that are considered necessary for a correct and more efficient application of the Act 340-06, amended by the Act 449-06.

VISTA: The Constitution of Republic;

VISTA: The Act No. 340-06, on Purchases and Contracts of Goods, Works, Services and Concessions, of August 18, 2006;

VISTA: The Act No. 449-06, of December 6, 2006, which modifies the Act No. 340- 06;

VISA: The Regulation of Purchases and Contracts of Goods, Services and Works, No. 490-07, August 30, 2007;

En exercise of the powers conferred upon me by the Article 128, of the Constitution of Republic, I dictate the following

REGULATIONS OF THE LAW ABOUT PURCHASES AND CONTRACTS OF ESTATE, SERVICES, WORKS AND CONCESSIONS

TITULO I

TIME SYSTEM ON CONTRACTING AND ITS COMMON RULES

CHAPTER I

TIME SYSTEM AND ITS SCOPE

ARTICLE 1. The provisions of this Regulation are intended to: object regulate the application of the Act No. 340-06, on Purchases and Contracts of Goods, Services, Works and Concessions, of August 18, 2006, modified by the Act No. 449-06 of December 6, 2006.

ARTICLE 2. This Regulation shall govern the purchases and contracts of goods, services, works, consultancies, rentals with opción of purchases and leases carried out by the entities and bodies of the public sector that make up the institutional aggregates included in the Article 2 of the Act 340-06, amended by the Act 449-

06.

CHAPTER II

GENERAL RULES COMMON TO ALL ORGANISATIONS

UNDERSTOOD

SPECIAL PROCEDURES CASES OF EXCEPTION

ARTICLE 3. They will be considered cases of exception and not one violation to Act, the (situations) detailed below, provided that they are carried out in accordance with the procedures established in this Regulation

1. 1.     Security Situations National. They are related to the character of secret de State, secret military or order internal, which must be carried out by the organizations that make up the System of Intelligence National, Armed forces and Police National.
2. 2.      Situation of Emergency National. Its circumstances de Force Greater generated by serious and imminent events, such as earthquakes, floods, droughts, serious internal unrest, aggression external, war international , natural disasters, and others that come from force Most in the field national y regional.
3. 3.      Emergency situations. These are emergency situations. /// fortuitous, unexpected, unforeseeable, immediate, concrete and proven, in which the application of the Selection Procedures established in the Act, a tiempo timely.
4. 4.      Scientific, Technical, Artistic Works or Restoration of Historical Monuments. These are those that respond to the supplier's specialty related to their professional, technical, artistic or scientific knowledge; and their recognized experience in the benefit object of hiring.
5. 5.      Goods o Exclusive services. Those that can only be supplied by a limited number of natural or legal persons.
6. 6.      Single Supplier. Processes of acquisition de goods or services that can only be supplied by a certain person natural or legal. In /// of additional deliveries from the supplier original that they have for object be used as replacement parts, upgrades, or ongoing services for existing equipment, software, services, or facilities. When a cultural, of supplier forces the Entity a acquire goods or services that do not meet the requirements of compatibility with existing equipment, computer programs, services or installations, or the use of exclusive patents or trademarks or technologies that do not allow other technical alternatives.
7. 7.      Construction, Installation or Acquisition of Offices for the Service Exterior. Purchases and contracts made for the construction, installation or acquisition of offices for the the service outside of territorio of Republic Dominican.

1. 8.      Rescission of Contracts whose termination does not exceed Forty Percent (40%) of the total amount of the project, work o the service. When for the completion of a contract de execution of works or the service, no more than 40% of the total amount is required, Entity The Contractor may require a new contract for the conclusion of the same, taking into consideration the Report of Occupied Places of the bidding object of the contract, and the penalties that the Organ Rector determine in the cases of break up abusive of Contract.
2. 9.       Purchases and contracts aimed at promoting the development of micro, small and medium-sized enterprises. These are the processes that state institutions must carry out for the development of SMEs, as provided for in the Act No. 488-08, which establishes a regime regulatory for the development and competitiveness of micro, small and medium-sized enterprises, which must be carried out in accordance with the provisions of this Regulation;
3. Contracting Advertising through Social Media.

As long as the Entity Contractor makes the contract directly with the Social Communication media without making use of intermediary services.

ARTICLE 4. The cases of exception, cited in the Article No. 3, shall be governed by the following procedures:

1)     Security Cases and Emergency National: They will begin with the declaration by means of Decree of the The ability to Executive.

2)      Emergency Situation: They will start with the Litigation, Arbitration motivated by the Highest Authority Executive of the Institution, recommending the use of exception, previous report expert opinion justifying it.

3)      All other cases of exception mentioned in the Article 3 will start with the resolution motivated, issued by the Purchasing and Contracting Committee, recommending the use of exception, previous report expert opinion justifying it.

4)      For all processes, except for cases of emergency and security national, it will be necessary to have the certification of existence of fondos y cuota de was reaffirmed, issued by the Administrative-Financial Director or the financial director of the Entity Contractor, for the celebration of the corresponding contract or grant of a order of purchase or services.

5)      Case Single Supplier: In the office hour documents proving the existence of the condition single-source.

6)      Cases of Goods and Exclusive Services: In the cases of Goods and Services with Exclusivity, it must be to guarantee la participación of all the bidders benefiting from exclusivity. It should be included in the office hour supporting documents for exclusivity.

7)      Emergency Procedures: Emergency procedures will be carried out in compliance with the following: proceedings:

a) Once the Litigation, Arbitration of Declaration of Urgency, must be published on the home page or in the menu principal from the Web portal of Organ Rector and the portal institutional, the purchasing and contracting requirements, to be carried out for give response to the emergency situation.

b) Files classified as urgent will be given priority for processing. office by the various administrative bodies that participate in it processing.

c) The natural or legal persons who may be invited will be invited. comply with the request urgently, together with the advertising placed on the portal managed by the Organ Rector and the portal institutional.

d) The Contracting Entities must safeguard by all possible means the transparency, dissemination and Most participación of Bidders in urgent procedures, including publications in widely circulated newspapers national, if the amount involved exceeds the threshold of the Bidding Public National, to promote and to guarantee the due surrender of accounts to the citizenship.

e) The Entity The Contracting Party will give preference to the Offers submitted by the Offerors who have been Suppliers or Contractors of the Entity Contractor and have a good track record fulfillment, or in your default, to those who have a proven quality in the market, for to guarantee the quality of the goods to be acquired, the services to be provided and the works to be executed, by virtue of the urgency or emergency.

Or the Purchasing and Contracting Committee, as seen here al Plazo established in the call and in the invitations, you will receive the Economic Offers in properly sealed envelopes and then proceed to their opening, reading and analysis, jointly with the Purchasing and Contracting Operational Unit, in the presence of Notary Public, of the participants and of all interested parties.

g)      The Purchasing and Contracting Committee will proceed to the Award of Build your project that best suits the interests of the institution, provided that it satisfies the interest general and the fulfillment of the purposes of the mission of the administration.

h)      The Purchasing and Contracting Committee will proceed in crafts immediately to prepare the Record de Award .

i)        Contracts or purchase or service orders, as applicable, will be posted on the Portal Managed by the Organ Rector and in the portal institutional.

j) Purchases and contracts that are included in the respective Purchase and Contracting Plans and Programs of the institutions that are within the scope of application of the Regulation will not be considered as emergency cases. Act.

8)      Procedure de Emergency: Must estar based on objective and urgent reasons, which guarantee the opportunity of the same due to their urgent nature. In all cases, the purchases and contracts of emergency deben estar authorized by the The ability to Executive through Decree.

him Decree will indicate the cause of emergency and region of the country affected, if applicable. Likewise, the tiempo de duration of Emergency and institutions that are exempt from the selection procedures established in the Act.

b) The Entity Contractor once issued the Decree which declares the situation of Emergency, you must publish on the home page or in the menu principal from the Web portal of Organ Rector and the portal institutional, the purchasing and contracting requirements to be carried out for give response to the situation of emergency.

c) All person natural or legal entity that complies with the requirements established for the purchase or contracting and with the other conditions established in this regulation, will have right to present their offer, which must be evaluated for the purposes of the award, with quality and better criteria prevailing price offered.

9)      Fifteen (15) calendar days after the payment has been made. necesidad caused by the situation of emergency or Urgency, the Entity Contractor must submit a report detailed to the General Comptroller of the RepublicIn the Camera of Accounts for the corresponding purposes and disseminate it through the portal Managed by the Organ Rector and in the Portal of the Institution.

10)  La Entity The Contractor must publish the documents justifying the use of exception on the portal managed by the Organ Rector and in the portal institutional, and to guarantee the principles of transparency and publicity, by all possible means.

ARTICLE 5. Of Micro, Small and Medium Company. The Entity The Contractor at the time of making his budget formulation must Book Now the 20% that grants the Act No. 488-08, on the Development and Competitiveness of MSMEs, in the items designated for purchases and contracts of the institution, so that the selection procedures are exclusively aimed at MSMEs. The processes that are selected for the effect, will be those in which the possibility of the goods and services can be offered by MSMEs.

PARAGRAPH: In addition to the reserve Of the 20%, the possibility of presenting partial offers is established for the remaining 80%, to expand their opportunities for participación y competition.

ARTICLE 6. In addition to the dissemination and advertising on the portal managed by the Organ Rector and the portal institutional, Highest Authority Executive of the Entity Contractor must send to the Council National Promotion and Support for Micro, Small and Medium Enterprises company (Council National of PROMIPYMES), its Plan Annual of Purchases and Contracts, so that in its capacity as Organ Rector, create and promote dissemination and disclosure mechanisms that allow MSMEs to identify business opportunities with the State and the preparation for tiempo of their offers.

ARTICLE 7 In the call, Entity The Contractor will indicate that it is done in favor of MSMEs and will request expressions of interest in presenting offer, which must be delivered in a Plazo No. Most within five (5) business days. If the payment is made call respective there are not at least three (3) manifestations of interest of MSMEs, all interested parties will be invited to participate again.

PARAGRAPH: It is established that right of MSMEs to participate in selection procedures through consortia and/or associations.

ARTICLE 8. In order to understand that the percentages referred to in Articles 25 and 26 of the Act No. 488-08, will be taken into account account el value of the processes called as provided in the article 7 of this Regulation.

ARTICLE 9. The Contracting Entities must provide the MSMEs that are awarded a contract with contract, an initial advance corresponding to twenty percent (20%) of the value of the contract, to strengthen its capacity economic, against the presentation of Warranty good use of the advance, established in the Article 113 of this Regulation.

ARTICLE 10. In all purchasing and contracting processes goods, services and works, carried out by the Contracting Entities, the guidelines and policies established by the Address General of Public Procurement to ensure the participación of MSMEs, as seen here has the Act No. 488-08. Which establishes a regime regulatory for the development and competitiveness of micro, small and medium-sized enterprises (MSMEs).

ARTICLE 11. Accreditation Condition of MSMEs. For to receive the benefits derived from its condition, MSMEs must submit the certification that grants the Ministry de Industry y Stores, that it meets the conditions and requirements established to be considered an SME.

ARTICLE 12. Advertising of the Register Business and the Register of informal MSMEs. The Contracting Entities must consult the Register Business and informal MSMEs of the Ministry de Industry y Stores and the Council National Promotion and Support for Micro, Small and Medium Enterprises

(Council National of PROMIPYMES) to carry out the call and/or venue invitations.

CHAPTER III OF THE LOG-IN OR SIGN UP FROM SUPPLIERS OF THE STATUS.

ARTICLE 13. Development, administration y operación of the Register of Suppliers of the State, is cargo of Address General Public Procurement. Natural or legal persons interested in making a contract offer de goods, services or execution of works and are not within the regime of prohibitions to contract with Public Entities of the State Dominican, they must estar registered in the corresponding Register or jointly with the delivery of Build your project Technique must present copy of the registration request which must be formalized during the period of correction of Build your project Technique.

PARAGRAPH: For the procedures of Drawing of Works, Price Comparison, Auction Reverse and Minor Purchases, the Bidders must estar previously registered in the Register of Suppliers of the State.

ARTICLE 14. The Register of Suppliers of the State will aim principal manage the database of all natural or legal persons who are interested in submitting offers of goods, services and works to the Contracting Entities under the scope of application of the Act of Public Procurement and Contracting.

ARTICLE 15. Suppliers who wish to register in the Register of Suppliers of the State They must complete the registration application form, attaching the documentation required in accordance with the provisions of the Address General Public Procurement.

PARAGRAPH: The registration form must indicate the documentation necessary for the purposes of formalize el record, always respecting the principle of reasonableness.

ARTICLE 16. The Address General of Public Procurement will verify whether the documentation provided by the applicant meets the required requirements. If there is non-compliance or default, will grant a Plazo 5 business days to correct it.

'

ARTICLE 17. The Address The General Office of Public Procurement will reject the registration of applicants who, at the time of requesting it, are in any of the situations provided for in the Article No. 14, of the Act of Public Procurement and Contracting.

ARTICLE 18. Supplier Classification. The Register of Suppliers will be classified according to the type of activity, as indicated below:

a)   Provider goods, classified by type de goods offered.

b)   Service provider, classified by type of services offered.

c)   Consulting service provider, classified by type of Consulting Offered.

d)   Trade Contractor of works, classified by type of works.

ARTICLE 19. Once incorporated into the Register, interested parties will not be required to request their incorporation again, but must keep the legal-administrative documents up to date at the time of the presentation of its Build your project Technique.

ARTICLE 20. XNUMX. En el In the Register of Suppliers of the State The sanctions imposed on natural or legal persons who have failed to comply with the provisions of the law will be recorded. law, this Regulation, or the contract.

PARAGRAPH. The Contracting Entities must submit copy of the sanctions imposed on Suppliers who have failed to comply with the provisions of the law, in this Regulation, or in the contractIn the Address General Public Procurement for dissemination purposes on the portal.

ARTICLE 21. Special provisions for foreign persons.

Foreign individuals or legal entities that participate in the selection procedures for the purchase and contracting of goods, services and works will not be needed estar registered in the Register of Suppliers of the State, except for /// that they are domiciled in the Republic Dominican, without embargo, if they are awarded the contract, after signing the contract contract, they must obtain the record corresponding to the requirements determined by the Address General Public Procurement.

ARTICLE 22. Foreign individuals or legal entities that are awarded a contract in a proceedings of purchase or contracting must request their Register of Suppliers of the State in a Plazo No. Most 10 business days from the date of when and where de notification de award. past this Plazo will be excluded from the proceedings no more Procedure.

ARTICLE 23. Foreign individuals or legal entities that do not meet the requirements necessary to obtain the Register of Suppliers of the State, will be removed from the proceedings, without more Procedure, without damage of the provisions established in the Article 16 of these regulations.

ARTICLE 24. At the request of the governments of countries with which the Republic Dominican Republic has agreements reciprocity, Entity The Contractor must identify the suppliers considered as ineligible, and may exchange insights, both on the identity of the same, as well as the reasons for declaring ineligibility.

ARTICLE 25. For a person foreign physical or legal entity can participate in contracts for the execution of works or may be contracted by the State Dominican, must estar associated with a national or capital mixed.

CHAPTER IV SANCTIONS

ARTICLE 26. Procedure to Disabling of Suppliers. All Contracting Entities subject to the scope of application of the Act on Purchasing and Contracting of Goods, Services, Works and Concessions, will file before the Address General Public Procurement, the request for disqualification against the supplier(s) who engage in any of the actions indicated in Paragraph III of the Article No. 66 of the Act of Public Procurement and Contracting.

PARAGRAPH I. The request for disqualification must be carried out by written, which must be executed with all documents that support the Supplier's non-compliance, together with a exposure chronological of all the acts that motivate the request for disqualification, indicating in detail the background of the ///.

PARAGRAPH II: Once the application has been admitted, the Address General Public Procurement Office will notify the filing of the same to the supplier to whom it is attributed. lack and the Entity applicant the admission of your request, within a Plazo of five (5) business days. The supplier will be obliged to formulate your written de defense within Plazo Ten (10) business days, counted from the notification that emits the Address General Public Procurement.

PARAGRAPH III: Once the application has been submitted, disqualification, Entity The Contractor may not withdraw the application, leaving the Organ Rector fully attorney of the ///.

PARAGRAPH IV: Once the research of the done, Address General of Public Procurement, as Organ Rector of the work, En a Plazo No. Most Within fifteen (15) business days, will issue a Litigation, Arbitration motivated, indicating the results thereof. Said Litigation, Arbitration will be notified to the part (s) involved in a Plazo No. Most Five (5) business days after haber been issued the Litigation, Arbitration.

ARTICLE 27. The data included in the Register of Suppliers of the State and in the Register Special Disabled Suppliers will be disseminated on the Portal of Organ Rector.

ARTICLE 28. The Address General of Public Procurement may disable to Suppliers registered in the Register of Suppliers of the State, for period from one (1) to five (05) years, or permanently, depending on the severity of the lack.

1. Shall be deemed lack slight, and the Provider may be disqualified for a period of one (01) year and we will announce, when you incur in any of the following faults:

a) Submit resources de review o challenge based in acts false, with the sole purpose of harming a particular contractor;

b) Fail to comply with their obligations contractual for the execution of a project, a work o the service It doesn't matter the proceedings de award, for reasons attributable to the Supplier;

c) Resign without cause justified to the award a contract;

1. Shall be deemed lack serious, and the Provider may be disqualified for a period from two (02) to three (03) years, when he/she incurred the same offenses for the second time faults.
2. Shall be deemed lack very serious and the Provider may be disqualified for a period from four (04) to five (05) years, when he/she incurs for the third time in the same faults.

ARTICLE 29. The Address The General Office of Public Procurement will disqualify in crafts permanent to Suppliers registered in the Register of Suppliers of the State, For the commission of the following actions:

1) Change, without authorization of Entity Contractor, the composition, quality and specialization of the personnel that they agreed to assign to the work or services in their offers;

2) Present documentation false or altered;

3) Incur in act de collusion, duly verified, in the presentation of its offer;

4) Offer gifts, commissions or royalties to officials of public entities, directly or through intermediaries person en relationship with acts related to proceedings de bidding or when using personnel from the institution to prepare their proposals;

5) Obtain prequalification or qualification by offering advantages of any kind type, presenting false or adulterated documents or using coercive procedures;

6) Celebrate, in complicity with public officials, contracts through dispensation of the proceedings de bidding, outside the stipulations provided in this law;

7) Get insights privileged in a way illegal that places you in an advantageous position compared to other competitors;

8) Participate directly or indirectly in a proceedings of hiring, despite being within the regime of prohibitions.

PARAGRAPH I. The disqualification will be carried out without impairment of any other sanctions or penalties that may apply,

CHAPTER V SELECTION PROCEDURES

ARTICLE 30. The selection procedures to which purchases and contracts will be subject are: Bidding Public National o International. Bidding Restricted, Raffle of Works, Price Comparison, Minor Purchases and Auction Reverse.

The following stages will be considered mandatory in the selection processes:

a)      Planning

b) Preparation

c)      Call

d) Instructions to Bidders

e)      Presentation y Opening of Offers 0 Award

g) Improvement of the Contract

h) Management of the Contract

i)       Payment

ARTICLE 31. Annual Purchasing and Contracting Plans and Programs. Each Entity The Contracting Party will approve and publish its Purchase and Contracting Plans and Programs, which must contain: the works to be executed, the goods to be acquired and the services to be contracted, during that year and we will announce, based on its institutional goals, including the estimated budget and implementation schedule.

ARTICLE 32. None proceedings of purchases or contracts may be initiated if the respective budget appropriation is not available and cuota de was reaffirmedthrough issue of Certification of Existence of fondos, issued by the Administrative-Financial or Financial Director of the Entity Contractor.

PARAGRAPH I. The Entity Contractor, prior to the call, must have the certification of existence of fondos in the sense that it has budget appropriation and that it goes estar considered in the financial programming of the execution. In such a way certification The number of the game and resources available at the when and where subscription of the Valid identity document.

PARAGRAPH II. In purchases or contracts that involve contracting obligations cargo to budgets for subsequent years, it will be responsibility of the authorities corresponding to the Contracting Entities, adopt the necessary provisions for to guarantee el paid of the obligations, providing that the necessary corresponding budget appropriation exists.

ARTICLE 33. Public Tenders. National and International Public Tenders may be carried out in one or two Stages. When it is a public tender, the tender will be divided into two stages: Bidding Public in two stages, the opening The Technical Offers and the Economic Offers will be carried out by means of separate acts; when it comes to Bidding Public at one stage, the opening of the Technical Offers and the Economic Offers will be carried out in the same act. In both cases, only the opening of the Economic Offers of the Bidders that have been enabled in the proceedings technical evaluation.

PARAGRAPH. Public Tenders will be in two stages for the purchasing or contracting processes that, due to the high degree of complexity or the specific characteristics of the object to hire, merits a lapse de tiempo for the Evaluation of Technical Offers. In cases where this is used variant, the receipt of all envelopes that make up this proceedings will be simultaneous for all Bidders.

ARTICLE 34. International Bidders must submit the documentation necessary and reliable, duly legalized and translated into the language Spanish, which verifies that they are duly constituted in their country originally.

PARAGRAPH. International Bidders must submit the documentation that proves that the product offered is marketed in the country of origin; as well as the other requirements established in the Specific Conditions.

ARTICLE 35. The organ responsible for the organizational members in, driving and execution of the proceedings de Bidding Public National o International It is the Purchasing and Contracting Committee of the Entity Contractor.

ARTICLE 36. The Contracting Entities covered by this Regulation shall establish a Purchasing and Contracting Committee. This Committee shall be permanent and shall consist of five members: the official de Most hierarchy of institution or whoever he designates, who will preside over it; the Financial Administrative Director of the entity or his delegate; the Consultant Legal of entity, who will act as adviser legal; the Head of the Area of Planning and Development or its equivalent; and the Head of the Office of Free Access to Information.

PARAGRAPH I. It will be responsibility of the Purchasing and Contracting Committee, the appointment of the experts who will prepare the technical specifications of the carefully a acquire and the the service u work to be contracted, the approval of the Specifications

15

Specific, the proceedings of selection and the opinion issued by the experts appointed to evaluate the Offers.

PARAGRAPH II. In those cases where two or more Contracting Entities require the same benefit They will be able to make joint purchases by unifying the management of the proceedings of contracting, in order to carry out a Bidding Public, and thus obtain better conditions than what each would obtain institution individually.

PARAGRAPH III: It will be responsible for the management, the operating unit whose contracted amount is the highest, or by drawing lots, if it is identical.

PARAGRAPH IV. Joint purchases may also be made through the mechanisms established by entities of cooperation.

ARTICLE 37. Consortia. The State may contract with consortia, understood as temporary unions of companies that do not form a new one person legal entities are organized to participate in a proceedings of recruitment.

PARAGRAPH I. The legal entities that make up the consortium, they must estar registered in the Register of Suppliers of the State of Address General Public Procurement.

PARAGRAPH II. The social purposes of the legal entities that make up the consortium must be compatible with the object contractual.

PARAGRAPH III. The consortia must prove to the Entity Contracting the agreement or agreement by which the consortium, including his object, obligations of the parties, the capacity de exercise of each member of the consortiumas well as a solvency economic and financial and technical suitability and Experience of the latter; said solvency and suitability may be accredited by the cumulative sum of the credentials of each of the members.

PARAGRAPH IV. They shall designate by means of power jointly a representative o gerente only.

PARAGRAPH V. When the successful bidder is: consortium’s most emblematic landmarks, the contract It will be signed by those who exercise the representation legal of each of the participating companies, which will be jointly liable to the entity contractor, without damage of the accreditation of the representative o attorney the only one provided for in the preceding paragraph. The consortia shall last at least the tiempo necessary for execution of the contract, until extinction y settlement.

ARTICLE 38. These persons shall be jointly and severally liable. crafts particular for all the consequences of its participación as a whole, in the contracting procedures and in their execution.

ARTICLE 39. Contracting Entities that are within the scope of application of the Act of purchases and contracts and of this regulation must be subject to the rules and procedures described in the Manual of Procedures issued by the Organ Rector for the realization of the Bidding Public.

ARTICLE 40. Restricted Tenders. Restricted Tenders may be carried out in one or two Stages. as seen here al proceedings described in the article 33 of this Regulation.

ARTICLE 41. The organ responsible for the organizational members in, driving and execution of the proceedings de Bidding Restricted is the Purchasing and Contracting Committee of the Entity Contractor.

ARTICLE 42. The Contracting Entities that fall within the scope of application of the Act of purchases and contracts and of this regulation, must be subject to the rules and procedures described in the Manual of Procedures issued by the Organ Rector for the realization of the Bidding restricted.

ARTICLE 43. Of the Drawing of Works. The Contracting Entities must invite all potential bidders registered in the Register of Suppliers of the State.

ARTICLE 44. The organ responsible for the organizational members in, driving and execution of the proceedings of the Raffle of Works is the Committee of Purchases and Contracts of the Entity Contractor.

ARTICLE 45. Contracting Entities subject to the Act of purchases and contracts and of this regulation, must comply the rules and procedures described in the Manual of Procedures issued by the Organ Rector for the realization of the Raffle of Works.

ARTICLE 46. ​​Price Comparison. The Contracting Entities must invite all potential bidders registered in the Register of Suppliers of the State that can attend to the request.

ARTICLE 47. The organ responsible for the organizational members in, driving and execution of the proceedings Price Comparison Committee is the Purchasing and Contracting Committee of the Entity Contractor.

ARTICLE 48. Contracting Entities subject to the Act of purchases and contracts and of this regulation, must comply the rules and procedures described in the Manual of Procedures issued by the Organ Rector for the realization of the Price Comparison.

ARTICLE 49. On Minor Purchases. The objective of the proceedings of Minor Purchases is to make purchases and contracts of goods and services under a proceedings simplified, which allows for more efficient purchasing without violating the principles established in the Act.

ARTICLE 50. The Entity The Contractor must invite all potential bidders who can meet the request, not having to be less from three (3) suppliers.

ARTICLE 51. The unit responsible for the organizational members in, driving and execution of the proceedings Minor Purchases is the Address Administrative-Financial, or its equivalent, Entity Contractor, prior authorization of Highest Authority Executive.

ARTICLE 52. Contracting Entities subject to the Act of purchases and contracts and of this regulation, must comply the rules and procedures described in the Manual of Procedures issued by the Organ for the completion of the Purchase Minor.

ARTICLE 53 Of the Auction Reverse. The providers of such goods and services, push towards the decline of less price fixed submitted by the bidders in their offer initial in the minimum range for the effect have been indicated in the specifications. The throws will be valid if they exceed the minimum margin of improvement en relationship with the price start or the last valid throw that occurred during the auction, depending on the ///. If a throw occurs below the minimum range of improvement, it will be rejected, without affecting the last validly proposed one.

ARTICLE 54.- Qualification of participants and offer initial economic. In the to date designated for the effect, the experts will proceed to evaluate the technical offers of the participants who have met the conditions defined in the Specifications.

PARAGRAPH I. The result Such qualification must be stated in a Record Qualification in which participants will be identified through codes that prevent their identity from being known. identity. Bliss record of qualification will be put in knowledge of the Purchasing and Contracting Committee, who estar According to this, they will arrange for qualified bidders to submit their initial Economic Offers through the portal managed by the Organ Rector, which will be less than

reference budget!. The notification to the__________ qualified suppliers for the

presentation of the initial economic offers will be made through the Portal Managed by the Organ Rector, without disclosing the name, neither the number of qualified bidders, nor the amount of the offer initial economic.

PARAGRAPH II. Initial economic offers submitted through the Portal Managed by the Organ Rector, oblige the offeror to comply the technical and economic conditions offered in the /// if awarded, even if it does not participate in the act of the bid. Of not comply with the obligations which correspond to it as the successful bidder, the sanctions provided for in the Act purchasing and contracting.

PARAGRAPH III. Those involved in the proceedings qualification will maintain absolute confidentiality and will assume the responsibilities that arise in the /// that they violated saying principle.

PARAGRAPH IV.- Bid.- In the to date y hour indicated in the Call, the downward bidding will be carried out through the Portal Managed by the Organ Rector. The duration The bidding price will be established in the Terms and Conditions and cannot be less within fifteen (15) minutes or Most at sixty (60) minutes, counted from the hour established in the call, in view of the complexity of the object of the contract and the reference budget of the proceedings. The specifications may establish that if incidents occur within the last few minutes, the period may be extended. tiempo of the bid for one or more specified periods of tiempo.

PARAGRAPH V. If in the course of a auction Two (2) or more bidders submit a stance thereof value, only the one that was sent chronologically first will be recorded. Compliant advances auction The proponent will be informed by part of the System or the technological operator that provides services auction, only from the reception of its throw and the confirmation of its value, as well as the order where your proposal is located, without damage of the confidentiality that is

will keep on the identity of the proponents. In no case /// will be done public el value of the offers during the development of the auction.

PARAGRAPH VI. If in the course of a auction Reverse electronics will present technical failures attributable to the entity Contracting Party, which prevent the proponents from sending their proposals or from receiving them in tiempo part, auction will be cancelled and must be restarted. proceedings. If for reasons attributable to the proponent or its supplier the service from the Internet, the one that loses connection with the application, the auction and it will be understood that the disconnected provider has given up participating in the event, unless it manages to reconnect before the end of the event.

PARAGRAPH VIII. The entity The contractor must have at least one store open telephone availability exclusive for the contest that will take place help technician throughout the auction to report to the proponents on aspects related to the course of the same.

ARTICLE 55.- The bid will be recorded in a Report of Results, prepared by the Purchasing and Contracting Committee and which will be published in the format established for the effect in the Portal Managed by the Organ Rector.

ARTICLE 56.- The Purchasing and Contracting Committee, once the process has been completed, period of bidding, of being the ///, will award or declare void the proceedings, through Litigation, Arbitration Duly motivated administrative.

ARTICLE 57. For cases of hiring of goods and services for amounts less than the minimum threshold established for minor purchases, they may be made in crafts straight away without further ado formality that obtaining a quotation through any means, whether letter, email, fax, etc.

ARTICLE 58. XNUMX. En el In the /// For the procurement of works for amounts lower than the minimum threshold established for price comparison, the following must be used: proceedings by price comparison.

ARTICLE 59. Fractionation. It will be presumed that there is fractionation, for which the officials who have authorized and approved the respective selection procedures will be responsible, when in a lapse less of three (3) months, counted from the first to date of call, another one is done call for the purchase or contracting of goods, services or works belonging to the same category commercial.

PARAGRAPH I. When split purchases or contracts are evident to avoid a proceedings of selection of Most amount by part of Entity Contracting party, the officials who have authorized and approved the respective selection procedures, will be subject to the sanctions provided for in the regime of sanctions of the Act of Public Procurement and Contracting, without damage of the criminal sanctions that may be imposed object.

PARAGRAPH II. The following shall not be considered fractionation: award of purchases or contracts in stages, sections or possible lots depending on the nature of the object of hiring or to promote the participación of micro, small and medium-sized enterprises.

ARTICLE 60. Administrative acts. In addition to the actions detailed in the Act of Purchases and Contracts, the activities contemplated in the manuals of procedures issued by the Address General Public Procurement, carried out by the officials they determine, must be formalized through a act administrative

ARTICLE 61. Advertising and Deadlines. The call to submit bids in Public Tenders must be published on the Portal Managed by the Organ Rector and in the portal institutional, as well as in a minimum of two (2) circulation newspapers national by term of two (2) consecutive days, with a minimum of thirty (30) business days in advance of the when and where set for reception and opening of technical offers, computed from the to date next to last publication.

ARTICLE 62. In the proceedings of Bidding Public International In addition to what is indicated in the Article previous, of notices in international newspapers that guarantee due publicity by the term of two (2) consecutive days, in accordance with the proceedings that establishes the Organ Rector. The Plazo for publication of call should not be less forty (40) calendar days.

ARTICLE 63. The invitation to submit bids in Restricted Tenders must be prepared by the Entity Contractor by written and send it to the suppliers on to date to be established in the Schedule of Activities of the Procedure, and the publication of the Call in the Portal Managed by the Organ Rector and in the portal institutional. In /// If electronic means are not available, it must be published by the term of two (2) consecutive days in two circulation newspapers

national of the country; in both cases twenty (20) business days in advance of the when and where set for the opening of technical offers.

ARTICLE 64. The invitation to participate in the Raffle of Works must be prepared by the Entity Contractor by written and send it to the bidders on to date to be established in the Schedule of Activities of the Procedure, and must also carry out a broad call in the Portal Managed by the Organ Rector and in the portal institutional. The Plazo in advance between the time the invitation is issued, call and when and where set for the Draw must be a minimum of 10 business days.

ARTICLE 65. The invitation to participate in a proceedings by Price Comparison should be carried out through a wide call in the Portal Managed by the Organ Rector and in the portal institutional. The Plazo in advance between the time of the invitation and the when and where set for the opening will not be less within five (5) business days.

ARTICLE 66. The invitation to participate in a proceedings For Minor Purchases it must be prepared by the Entity Contractor by written and send it to the bidders on to date to be established in the Schedule of Activities of the Procedure, and the publication of the Call in the Portal Managed by the Organ Rector and in the portal institutional. The Plazo in advance between the time of the invitation and the when and where set for the opening may be freely established by the Entity Contractor.

ARTICLE 67. The invitation to submit bids in a proceedings de Auction The reverse must be done by the Entity Contractor through broad call through the Portal Managed by the Organ Rector and in the portal institutional. The Plazo in advance between the time of the invitation and the when and where set for the opening will not be less within five (5) business days.

PARAGRAPH. In /// If electronic means are not available, it must be published by the term of two (2) consecutive days in two (2) circulation newspapers national of the country.

ARTICLE 68. Todo proceedings made in violation to the provisions established in the Act, this Implementation Regulation, the Public Procurement and Contracting Procedures Manual and the standard documents that make up the System National of Public Procurement and Contracting, duly

approved by the Organ Rector of the System, will entail part of Entity Contractor the nullity of the proceedings, without damage of the other civil and criminal actions established in the Act.

ARTICLE 69. The testing of omission of the advertising requirements in any of the selection procedures established in the Act and in this regulation, will give rise to the cancellation o nullity immediate of proceedings, whatever the state de Procedure in which it is.

PARAGRAPH. In the event that the entity If the contractor does not have the technological and connectivity infrastructure, or it presents operating difficulties, it must notify prior to Organ Rector.

ARTICLE 70. SPECIFICATION OF CONDITIONS. The Entity The Contractor must use the standard models of Sheet of Conditions issued by the Address General Public Procurement, which is the Organ Rector of the System.

ARTICLE 71. The appointment of the Experts for the preparation of the Technical Specifications/Technical Sheets or Terms of Reference, when they do not exist, must be carried out by the Purchasing and Contracting Committee, as seen here to the criteria of competition, experience in the area and knowledge of the market, under the lynchings of the instructions for the Selection of Experts issued by the Address General Public Procurement.

ARTICLE 72. The Entity The Contractor must prepare the Technical Specifications/Technical Sheets or Terms of Reference for the purchases or contracts of Most frequency in the institution, in order to have a database that allows for the streamlining of procedures. These must be reviewed periodically as seen here incidents that may arise during the development of the procedures.

ARTICLE 73. The Specific Conditions Documents may provide for the possibility of submitting partial offers for part of micro, small and medium-sized enterprises (MSMEs), as seen here It is established in Paragraph of the Article 5 of this Regulation.

ARTICLE 74. When preparing the Sheet of Specific Conditions, the total amount of each must be distributed product in different rows, in cases where the same call covers a significant number of units, with the object to stimulate the participación of micro, small and medium-sized enterprises.

ARTICLE 75. Observations on the Draft Specific Conditions.

When the complexity or amount of the contract justifies it, the Entity Contractor may carry out in a Plazo prior to call, a call to all those interested in the object to get insights about prices, features of the goods a acquire or services and works to be carried out, preparation times for offers, or any other insights required for the preparation of the technical specifications and to know the Observations to the Specific Conditions Documents.

PARAGRAPH. In selection procedures in which the preparation of Specific Conditions Documents is not required, observations will be made on the Technical Specifications and/or the Terms of Reference.

ARTICLE 76. The call to to receive observations on the draft Sheet of Specific Conditions, must be carried out through the Portal Managed by the Organ Rector and the portal institutional.

PARAGRAPH. For the call, the Contracting Entities must disseminate on the Portal Managed by the Organ Rector the Project of Sheet of Specific Conditions/Technical Specifications and/or the Terms of Reference.

ARTICLE 77. The project of Sheet of Specific Conditions, will be subject to provision of the public during all the lapse provided for the formulation of comments.

ARTICLE 78. The Plazo to raise the observations will be set taking into account account the complexity of contracting. Once defeated el Plazo to to receive Observations will not be accepted. Presentations.

PARAGRAPH. The Entity The Contractor may call meetings to communicate observations on the draft Sheet of Specific Conditions, or promote debate among interested parties about its content. From the topics discussed at these meetings and with the comments received, a document will be drawn up record which will be signed by those in attendance who wish to do so. Both the observations on the draft Sheet of Specific Conditions that are formulated by written Interested parties, such as the proceedings mentioned, will be added to the office hour.

ARTICLE 79. No action will be taken management, debate or exchange of opinions between officials of the jurisdiction o Entity Contracting party and those interested in participating in the contracting, outside of the mechanisms expressly provided, to which all interested parties will have equal access. violation to prohibition established will give rise to the corresponding sanctions.

ARTICLE 80. When the previous stage referred to in the article above, the respective Contracting Operational Units of the Contracting Entities will prepare the Sheet of Particular Terms and Conditions definitive as seen here with the technical, economic and legal criteria that it deems appropriate, taking into account account the opinions expressed by the interested parties to the extent that they are considered relevant, preserving the principles established in the Act of Purchasing and Contracting.

ARTICLE 81. Clarifications to the Specific Conditions/Technical Specifications or Terms of Reference. Addenda or amendments may be made to the Specific Conditions/Technical Specifications or Terms of Reference, which do not change the object of the proceedings nor constitute a substantial variation in the conception original of these.

PARAGRAPH. Once the work is completed period of clarifications, the Entity The Contractor may not modify or extend the Sheet of Specific Conditions, Technical Specifications and/or the Terms of Reference, unless the proceedings and restart, repeating the administrative procedures from the corresponding point.

ARTICLE 82. The Address General of Public Procurement, Organ Rector of the System, will prepare and approve the standard models of the Specifications of goods, services, consulting services and works; as well as the forms type and complementary that supports the System National of Purchasing and Contracting.

PARAGRAPH I. The standard models of the Specifications must be used in the procedures for Bidding Public National o International, Bidding Restricted and Drawing of Works executed by the Contracting Entities subject to the Act No. 340-06 and these regulations.

PARAGRAPH II. The standard documents issued by the Address General Public Procurement for the Purchasing and Contracting procedures of goods, services, works and concessions are of use required for Contracting Entities subject to the Act No. 340-06 and these regulations.

PRESENTATION, EVALUATION OF PROPOSALS AND AWARD

ARTICLE 83. Presentation of Proposals. The offers will be submitted by written in sealed envelopes that have the appropriate security for to guarantee the confidentiality of the same until the time of the opening, within the established deadlines in accordance with the requirements of the Sheet of Specific Conditions.

PARAGRAPH I. From the hour set as term for the reception of offers no other offers may be received, even if the act de opening has not been started. Those received outside of term should be rejected without further ado Procedure.

PARAGRAPH II. None offer presented in term may be dismissed in the act de opening. Those that were observed during the act de opening will be added for analysis by part of the appointed experts.

ARTICLE 84. The bids to be submitted will be identified in two (2) separate envelopes; the first one identified as Build your project Technique, which will contain the elements of solvency, suitability, capacity and offer Offeror's technique. The second envelope Identified as Build your project Economic, which will only be considered when the bidder has achieved the required qualification in the sheet of specific conditions in the evaluation of technical offers. In this last envelope the following information will be attached: offer economic and the Warranty of Seriousness of the Build your project.

ARTICLE 85. The Notary Public acting in the presence of the duly formed Purchasing and Contracting Committee, in act public and in the place, when and where y hour established will proceed to receive the Technical Offers "On A" and Economic Offers "On B", in accordance with the proceedings established in the Sheet of Specific Conditions, will certify the content of the Build your project “Envelope A” Technique and will invite the Bidders, legal representatives or authorized agents to make their observations.

PARAGRAPH. The Notary Public performer will prepare the Register of Participants, as seen here al order arrival of the Bidders.

ARTICLE 86. The Notary Public The acting contractor will deliver the Technical Offers “Envelope A” to the Purchasing and Contracting Committee and the Economic Offers “Envelope B”, unopened, to the Consultant Legal in quality of Advisor Legal of the Purchasing and Contracting Committee, who will keep them under its control custody and will ensure by whatever means necessary that “Envelopes B” are not opened until to date set for its opening

And reading, as seen here to the Schedule of Activities. The Notary Public performer will prepare the record notarial and will close the act.

ARTICLE 87. Evaluation of Proposals. The Purchasing and Contracting Committee will proceed to designate the experts responsible for evaluating the technical offers, through the same act administrative by which the proceedings of selection and the Specific Conditions Documents.

ARTICLE 88. Each of the appointed experts must be given a copy of the technical offers, so that they can separately proceed to carry out the analysis and evaluation of the same, with strict adherence to the Evaluation Criteria established in the Sheet of Specific Conditions, Technical Specifications or Terms of Reference.

PARAGRAPH I: In all ///, for the evaluation of technical offers, the following will be respected: principle general, that the credentials that demonstrate the professional and technical qualifications, that ensure the competition, capacity financial and experience, will be only object de qualification of proponent and in no case /// will be qualified. The requirement of such conditions must be appropriate and proportional to the nature of the contract to subscribe now value.

PARAGRAPH II: In the processes for the selection of consultancy, the specific experience of the offeror, that of the consulting team, will be evaluated. work, their academic training, as well as assess the technical aspects of the offer or project.

ARTICLE 89. The appointed experts may not have conflict of interests with the bidders.

ARTICLE 90. The Experts under consent must issue their report preliminary with all the justification of its performance, after passing the period of correction of Technical Offers "On A", as seen here It is established by the Schedule of Activities of the Sheet of Specific Conditions and sends it to the Purchasing and Contracting Committee for its review and approval.

ARTICLE 91. Corrections. It is considered that a Build your project substantially complies with the Terms of Reference, Technical Specifications and/or Conditions, when it agrees with all the terms and specifications of said documents, without deviations, reservations, omissions or significant errors. absence of requirements relating to the credentials of the bidders is always remediable.

PARAGRAPH I.- The determination of the Entity Contractor of that one Build your project substantially complies with the documents of the proceedings will be based on the content of the own Build your project, without having to resort to external testing.

PARAGRAPH IL- Whenever there are errors or omissions of a correctable nature, generally understood as those issues that do not affect the principle that the Offers must substantially conform to the Terms of Reference, Technical Specifications and/or the Terms of Reference, Entity The Contractor may request that, in a Plazo brief, the Offeror/Proponent provides the insights missing.

PARAGRAPH III.- When it is necessary to correct errors or omissions, this will be accepted, in all cases, with the understanding that the Entity The Contractor will have the possibility of having the Most number of possible valid offers and to avoid being deprived of the offer due to inconsequential formal issues. choose for serious and convenient offers from the point of view of sight of the price and the quality.

PARAGRAPH IV.- It may not be considered error u omission remediable, any correction that alters the substance of a offer to improve it.

ARTICLE 92. For the purposes of correction, arithmetic errors will be corrected as follows:

a) If there is a discrepancy between a partial amount and the total amount obtained by multiplying the partial amounts, the partial amount will prevail and the total will be corrected.

b) If the discrepancy results from a error of addition or subtraction, the same procedure will be followed; that is, the partial amounts prevailing and the totals correcting.

c) If there is a discrepancy between words and figures, the amount expressed in words shall prevail.

PARAGRAPH. If the Offeror does not accept the correction of the errors, their offer will be rejected.

ARTICLE 93. The Entity Contractor will reject all Build your project that does not substantially comply with the Specific Conditions/Technical Specifications and/or the Terms of Reference. Subsequent corrections will not be accepted.

allow anyone Build your project, which initially did not comply with said Specifications, subsequently complied with them, without damage of the fulfillment of the principle of “remediability”.

ARTICLE 94. The Purchasing and Contracting Committee will approve, if applicable, the report definitive of evaluation of Technical Offers “'Envelope A”, and will issue the record corresponding, will order the Purchasing and Contracting Operational Unit to notification of the final results of the proceedings of evaluation and validation of Technical Offers "On A" and with it the Bidders qualified for the opening and reading of their Economic Offers “On B”.

ARTICLE 95. The to date and hour set for the opening of the Economic Offers “Envelope B”, the Notary Public acting in the presence of the duly formed Purchasing and Contracting Committee and the Purchasing and Contracting Operational Unit, in act public and in the place, when and where y hour established will proceed to verify the integrity of the Economic Proposals “Envelope B”, verifying that they have not been violated, requesting the Offerors to certify their compliance.

ARTICLE 96. Immediately proceed to the opening and reading of the same according to the established conditions, will prepare the record notarial, including observations made during the act de opening and reading by part of the Bidders, their legal representatives or authorized agents, and in /// accordingly close the act.

ARTICLE 97. The Purchasing and Contracting Operational Unit will generate the preliminary Report of Occupied Places and the Price Study and will send it to the experts for the evaluation of Economic Offers “Envelope B”.

ARTICLE 98. The Experts will proceed to evaluate the Economic Offers “Envelope B” as seen here to the established evaluation criteria and will prepare the report with the recommendation of award to the Purchasing and Contracting Committee for approval. It must contain all the supporting documents for its actions.

ARTICLE 99. The Purchasing and Contracting Committee will proceed to verify and validate the report of recommendation of award, will be aware of the incidents and if appropriate, will approve the same and issue the record containing the Litigation, Arbitration de Award.

ARTICLE 100. When a proceedings of selection, the less offer economic obtained, exceeds the maximum established by the threshold

i

corresponding for that proceedings, you can continue with the proceedings of selection and award as long as said variation is not greater than TEN PERCENT (10%).

ARTICLE 101. Award.- The Contracting Entities must publish in a timely manner on the portal Administered by the Organ Rector and in the portal institutional, the results of their purchasing or contracting processes. They must also publish the resolution founded to declare the declaration of desert of proceedings.

ARTICLE 102. The Entity Contractor will award through act administrative, having to notify the successful bidder and the rest of the participants, in a Plazo of five (05) business days, counted from the record de award. In saying act administrative, the evaluation criteria that, having been previously defined, have allowed the successful bidder to obtain the qualification of offer more convenient.

PARAGRAPH. The act administrative of award must also identify the report of occupied places of the offers of all participants.

ARTICLE 103. The Entity Contractor may not award a offer that does not comply with the conditions and requirements established in the Specific Conditions/Technical Specifications and Terms of Reference.

PARAGRAPH. Bids from Offerors who are disqualified from contracting with the Contracting Entities may not be awarded.

CHAPTER VII CONTENT AND FORMA OF CONTRACTS

ARTICLE 104. In the procedures for Minor Purchases and Direct Purchases, goods and services, the contract may be formalized through a order of purchase or a order de the service, as appropriate, for other cases, the contracting must be formalized through contracts.

PARAGRAPH. Contracts for works will be perfected when the contract is received. work final.

ARTICLE 105. Those carried out through purchase orders and delivery orders. the service They will be perfected at the time of notification of receipt of conformity thereof.

ARTICLE 106. The order of purchase must be adjusted in your crafts and content to the standard model that determines the Address General Public Procurement Code and must contain the basic provisions of the contract.

PARAGRAPH. The Contract/Order Purchase/ Order de Service should be held in the Plazo as indicated in the respective Specific Conditions/Technical Specifications or Terms of Reference; which shall not be Most within twenty (20) business days, from the when and where de notification of award.

ARTICLE 107. The Contract/Order Purchase/ Order de Service that is subscribed to, must be disseminated through the portal of the Organ Rector and in the portal institutional.

ARTICLE 108. Contracting public institutions may not undertake to deliver, as an advance, a porcentaje Most to TWENTY percent (20%) of value of the contract, and the remaining payments must be delivered to the extent of fulfillment thereof.

PARAGRAPH. In no case /// The contracts may provide for exemptions relating to the Tax on Rent.

ARTICLE 109. In the event that the contract is not signed, contract with the first successful bidder, for reasons attributable to him, the experts, at the request of the maxim authority of Entity Contracting Party, may examine the other proposals, with the object to determine the most convenient for institutional interests and proceed to the award, according to him order de merit or the report of occupied places.

ARTICLE 110. They will form part of the contract de work public:

a)      El sheet of Specific Conditions and their annexes.

b)     schedule of delivery of the amounts awarded.

ARTICLE 111. Guarantees.- For to guarantee the faithful fulfillment their obligations Bidders, successful bidders and contractors must provide guarantees in the forms and amounts established in these regulations.

ARTICLE 112. Bidders or successful bidders must provide the following guarantees:

a)      Of seriousness of the offer: One percent (1%) of the total amount of the offer.

b)     Of faithful fulfillment of the contract: Four percent (4%) of the total amount of the award.

c)      Of good use of the advance: by the equivalent to the amounts received by the successful bidder as an advance.

d) For MSMEs, that of Fiel Compliance de Contract: One percent (1%) of the total amount of the award.

ARTICLE 113. When the aforementioned guarantees are requested, Sheet of Technical Conditions/Specifications or Terms of Reference must establish the amount, Plazo de validity and currency in which they should be constituted.

ARTICLE 114. The Warranty of seriousness of the offer will be fulfillment required and will be included within the Envelope containing the offer economic. The omission in the presentation of Warranty of seriousness of the offer, when it is insufficient, or has been presented in a format other than the one required by the Entity Contracting party, will mean the dismissal of the offer no more Procedure.

ARTICLE 115. The Warranty of faithful fulfillment of the contract It will remain valid to settlement of the contract and the maintenance of the offer during Plazo de validity of the same. In the /// of benefit of services and the contracting of works Warranty of faithful fulfillment It will also ensure the paid of the obligations labor and social rights of the contractor's workers.

ARTICLE 116. The Entity The contractor may choose the crafts of Warranty and set it in the Sheet of Specific Conditions/Technical Specifications or Terms of Reference.

ARTICLE 117. When the quotation was done in currency foreign, the amount of the Warranty will be calculated on the basis of exchange rate seller of the CENTRAL BANK OF THE REPUBLIC DOMINICANA valid at the close of to date prior to when and where de Constitution of Warranty.

ARTICLE 118. The Warranty of faithful fulfillment de contract must be compulsorily integrated by the successful bidders whose contracts exceed the equivalent in Dominican pesos of US$10.000,00, in the Plazo of five (5) business days, counted from the notification of award.

PARAGRAPH. If the Warranty of faithful fulfillment was not delivered within the Plazo indicated, the Entity The Contractor may apply the corresponding sanctions and award the contract. contract definitive to the next best-rated Bidder.

ARTICLE 119. The successful bidder of a proceedings must take out insurance to cover the risks to which the works are subject. Such insurance will remain in force until the authority corresponding check that the successful bidder has complied with the conditions of the contract, extending to them the certificate for their cancellation.

ARTICLE 120. The guarantees will respond to the following concepts:

a) From fulfillment of the required formalities.

b) From fulfillment of the obligations necessary for the closure of the operación.

c) Of the obligations derived from contract.

d) Of the spending originated in the body contractor for delay of the contractor at the fulfillment their obligations and damages caused to it, due to the execution of the contract or in the event of non-compliance therewith.

e) In the contract of supply, the Warranty will be liable for the existence of vices or defects of the goods and services provided, during the Plazo de Warranty that has been foreseen in the contract.

ARTICLE 121. They will be returned ex officio:

a)      The Seriousness Guarantees of the Build your project, both to the successful bidder and to the other participating bidders once the tender has been completed Warranty of faithful fulfillment of the contract.

b)     The Guarantees of Faithful Compliance of the Contract, once it has been completed to the satisfaction of the entity Contracting party, when the application of fine o penalty any.

c)      The good one use advance payment: Which will be reduced in the same proportion in which the corresponding cubications are paid.

ARTICLE 122. The Entity Contractor may be exempt from requesting the Warranty of faithful fulfillment de contract For those contracts that are not of fulfillment successive

ARTICLE 123. The Entity The Contractor will request the same from all Bidders. Warranty, not being able to establish differences between the different offerors.

ARTICLE 124. Reception and Management of Contract. The Warehouse and Supply Manager must to receive goods provisionally, until it is verified that they correspond to the technical characteristics of the goods awarded.

ARTICLE 125. When it comes to works or services, the Department The corresponding technician must verify that the works or services executed comply with the requirements and deadlines established in the Sheet of Specific Conditions/Technical Specifications and/or Terms of Reference.

ARTICLE 126. If the works, goods, or services are received as seen here and in accordance with the provisions of the Specific Conditions/Technical Specifications and/or Terms of Reference, in the Contract u Order Purchase or Service, the reception will proceed final and the /// de goods upon entry into the Warehouse for the purpose of Inventory.

PARAGRAPH I.- Warehouse and Supply will send the receipt lead, the warehouse entry and the bill to Address Administrative and Financial or its equivalent for purposes of paid.

PARAGRAPH II. If the works, goods, or services are not received as seen here as established in the Specific Conditions, the Contract u Order Purchase or Service, the refund will be made goods, Yet the notification of non-compliance with the services received or the work executed, to the correction of deliveries or to the execution of the guarantees as appropriate according to the proceedings established in the Sheet of Specific Conditions.

CHAPTER VIII FACULTIES AND OBLIGATIONS

ARTICLE 127. Causes for Modifications and Suspension of the Contract: The

Entity The Contractor may modify, decrease or increase up to twenty-five percent (25%) of the amount of the Contract original de work and up to fifty (50%) in the /// contracting of services, as long as the object of the contract, when they arise circumstances that were unforeseeable at the time of the start proceedings of hiring, and that is the only one crafts to fully satisfy the interest public.

ARTICLE 128. Administrative contracts regulated by this regulation may be terminated early for the following reasons:

1. Resciliation or mutual agreement between the contracting parties.
2. Serious breach of the obligations contracted by the contractor.
3. State of notorious insolvency of the contractor, unless the security provided is improved or the existing ones are sufficient to to guarantee el fulfillment of the contract.
4. On demand of the interest public or security national.
5. Register unpaid balances of wages or contributions social Security with its current employees or with workers hired in the last two years, to half of the period de execution of the contract, with a maximum of six months.
6. The others that are established in the respective Specific Conditions Documents or in the Contract.

CHAPTER IX OF PRIVATE INITIATIVE

ARTICLE 129. Private Initiative. Any person natural or legal entity may submit initiatives to the State Dominican for the execution of works. Such initiatives must be novel or original or involve a technological or scientific innovation, and must contain the guidelines that allow their identification and understanding, as well as the fitness sufficient to demonstrate the legal, technical and economic viability of the project.

PARAGRAPH. Only the modality indicated in this paragraph will apply. article when performed by means of the proceedings of selection of Bidding Public.

ARTICLE 130. The initiative must be declared in interest public for the highest authority of Entity Contractor, prior opinion technician. Once this has been done declaration, the initiative will be taken as a basis for the selection of offers in accordance with the proceedings de Bidding Public.

ARTICLE 131. The declaration de interest public of the initiative will not generate obligations a cargo of the State Dominican, who in no way /// will obliged to refund spending ni fee al Author of the project.