On November 7, 2024, the National Public Procurement Service (“SERCOP”) issued Resolution No. RE-SERCOP-2024-0145 (the “Resolution”), through which amendments were made to the Secondary Regulations of the National Public Procurement System (“NSSNCP”).
The Resolution was published in Official Registry No. 682 on November 13, 2024, and came into force on the same date.
Below is a summary of the general amendments to the NSSNCP:
- RUP Suspension. 1.1. The suspension of the Unified Suppliers Register (“RUP”) of a supplier will also apply to its legal representative and major shareholder. 1.2. For associations to consortia, it will extend to their common representative. 1.3. If the legal representative or common representative is an entity, the suspension will also extend to the individual who holds the legal representation of that entity.
- Financial Ratios. Non-compliance with the financial ratios established by the contracting entity in the bidding documents does not constitute grounds for rejection of the bid.
- Beneficial Owner. The beneficial owner declaration does not apply to bidders, or their shareholders listed on a stock exchange.
- Participation Rules. The participation rules regarding technical experience, legal existence, and equity do not apply in reverse auction procedures or in the special regime procedures set forth in numbers 2 and 8 of Article 2 of the National Public Procurement Law (“LOSNCP”).
- Ecuadorian Added Value. For a bid to be considered national, its Ecuadorian Added Value (“VAE”) must be equal to or exceed the minimum threshold established by the contracting entity. VAE does not apply to engineering, procurement, and construction procedures.
- Sustainable Public Procurement. 6.1. Sustainable public procurement is established as a strategy to: (i) position contracting entities as responsible consumers; (ii) promote environmental, social, and economic well-being; (iii) ensure the quality of public spending; and (iv) encourage the use of criteria related to environmental, economic, and social responsibility. 6.2. By March 13, 2025, SERCOP is required to issue the “Guidelines for Sustainable Public Procurement.”
- Bids. Bids must be submitted exclusively through the COMPRASPÚBLICAS portal, except in: (i) emergency procurements; (ii) acquisition of real estate; (iii) leasing of real estate; (iv) inclusive fairs; (v) procurements by specific business activity; and (vi) special regime procedures set forth in numbers 2 and 10 of Article 2 of the LOSNCP.
- Collusion. In cases of suspected collusion in public procurement, SERCOP will inform the Superintendency of Economic Competition to determine and sanction such acts.
- UAFE. If the contractor is an entity subject to obligations with the Financial and Economic Analysis Unit (UAFE), it must submit the UAFE Compliance Certificate during the contract execution phase.
- Validation stage. During the validation stage of bids, contracting entities may request documents that support any information included in the bid that lacks sufficient evidence.
Public procurement procedures initiated before November 13, 2024, will conclude under the rules in force at the time of their call.
By November 13, 2025, SERCOP must update the electronic tools of the COMPRASPÚBLICAS portal to apply the provisions of the LOSNCP, its Regulations, and the NSSNCP.
If you require additional information on reforms related to your industry, please feel free to contact us.
Hugo García Larriva, Senior Associate at CorralRosales
hgarcia@corralrosales.com
+593 2 2567676
Mario Fernández, Associate at CorralRosales
mfernandez@corralrosales.com
+593 2 2544144