Executive Decree No. 289, published in the Third Supplement to Official Gazette No. 206 dated January 19, 2026, amended the General Regulations to the Law of the National Public Procurement System.
The amendments update the special procurement rules for pharmaceuticals and essential healthcare products. The primary changes are outlined below:
- International procurement. In the event of a total or partial absence of domestic supply, entities of the Integrated Public Health Network may procure pharmaceuticals and strategic healthcare goods through international organizations and/or foreign States.
- New procurement mechanisms. Two additional procurement mechanisms are introduced: (i) centralized procurement; and (ii) procurement of strategic healthcare goods supported by technological services or infrastructure.
- Centralized procurement. This mechanism applies to the Integrated Public Health Network and seeks to centralize the acquisition of pharmaceuticals and strategic healthcare goods. Procurement processes shall be conducted in accordance with the contracting entity’s planning framework and operational capacity. This mechanism may be applied to directly procure products for which there is a sole supplier in the market.
- Strategic healthcare goods with technological support. This mechanism applies to the Integrated Public Health Network for the acquisition of strategic healthcare goods (such as medical supplies, diagnostic kits, laboratory testing services, among others) whose effectiveness depends on their integrated use with biomedical equipment, healthcare infrastructure, or specialized technological support. Under this scheme, the contracting entity purchases and pays for the strategic healthcare goods, while the associated equipment, infrastructure, or technological support is provided under a gratuitous loan-for-use (commodatum) arrangement. The contracting entity shall directly invite selected suppliers to participate in these processes.
These amendments aim to enhance the efficiency of pharmaceutical and strategic healthcare goods procurement by introducing new contracting mechanisms. The primary challenge for contracting entities will be the proper application of available mechanisms to ensure legal certainty and, consequently, encourage private sector participation.
Xavier Rosales, Partner at CorralRosales
xrosales@corralrosales.com
+593 2 2544144
