On January 11, 2022, Resolution No. 001-2022 of the Ministry of Public Finance was published in the Official Gazette, by means of which the following was issued: "Norms for the Use of Guatecompras System", in order to regulate, develop and facilitate the use of GUATECOMPRAS System.
 
Resolution No. 001-2022 completely repeals the resolutions issued in September 2019: Resolution No. 18-2019, which was amended by Resolution No. 19-2019, of the Ministry of Public Finance.
 
Resolution No. 001-2022 introduces several changes throughout the law, the most relevant changes are the following:
 

• Article 13 - ypes of Public Procurement to be included in Guatecompras System: Regulates that all public procurement processes contemplated in the Government Procurement Law must be registered in the Guatecompras System, which may be classified by Guatecompras Operation Number (NOG) or by Guatecompras Publication Number (NPG). The modification regulated in this article is that all direct purchases must be classified only by NPG, while public procurement through bidding will be classified through NOG.
• Article 21-Procedure for the registration of Direct Purchases with Electronic Offer: the procedure for the publication of the necessary information was modified, since the obligation of "call" and "terms of reference" was added; as a consequence, "specifications, conditions and requirements" regulated in the previous regulation was eliminated; the meaning of "request for clarifications" was modified; the term for the publication of invoices must be modified; the obligation of "negotiation and contract minutes", "reception and liquidation" was added. In addition, it is stated that the executing unit may make public the content of other documents not listed in the process.
• Article 22- Procedure for the Publication of Tenders with Guatecompras Operation Number (NOG): In this procedure the meaning of "call for bids" is expanded; the term "bases" is changed to "documents of the contracting process"; the meaning of "request for clarification" is modified, in the sense that the questions must be made based on the documents of the clarification process; the meaning of "modification of bases" is expanded; "resolution of appeals for revocation or reinstatement" is eliminated. A last paragraph is included establishing an exception to this article.
• Article 23-Procedure for the Registration of NPG Publications: Article 23 was expanded in the sense that it regulates the obligation to publish acquisitions made directly through the NPG, dividing the publications into: "a) low value purchases, b) publication of individual technical and professional services in general, c) publication of other direct acquisitions".

 
In accordance with the provisions of Article 44, Resolution No. 001-2022 became effective on January 12, 2022.
 
For further information please contact:

• Juan Francisco Sandoval juan.sandoval@carrillolaw.com