Deputies of the Congress of the Republic met in the first debate this Wednesday, September 28, the initiative 6141 that would give life to the “State Acquisitions Law”, which was presented by the government of Alejandro Giammattei and that it would repeal the current regulations on acquisitions and contracting.
With 119 votes in favor, 27 against and with 14 absent deputies, the initiative was known in the first debate.
Initiative 6141 was presented to the Legislative Directorate on September 16 by the Executive Branch and subsequently, on the 24th of the same month it was known in the Plenary and sent for analysis and opinion in the Public Finance and Currency Commission on the 26th.
For now there are two readings left for the initiative to be approved, ultimately, what could happen in the following weeks, because currently only one session is held per week.
There are conflicting opinions in Congress regarding the approval of this initiative, which is moving towards becoming law and replace the current regulations governing purchasing mechanisms by state agencies.
Recently, Cándido Leal, president of the Finance Commission, said that this is not a reform of Decree 5792 that contains the State Contracting Law, but rather a proposal for a new law, which would replace the first.
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In addition, he recalled that for three years an attempt was made to reform the State Procurement Law and it was not achieved and that the explanatory memorandum of the initiative shows all the history that has been passed.
He pointed out that the bill contains the rules of transparency, management and includes modifications to the amounts of small purchases, open contract, bidding, contracting and quotation.
He also said that this bill is a good tool for all public officials who now they could have a law that shortens times, increases ceilings -of amounts- to be able to work.
Leal exemplified that with the new initiative, small purchases would rise from Q25,000 to Q35,000, although the deputies of the Finance Commission said that they would send some amendments to make that ceiling higher.
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However, opposition deputies, like Sonia Gutiérrez from the Winaq bench, He stated that he is in favor of discussing a new State acquisition process, but with another proposal and not the one presented by the Executive.
He assures that there are aspects of the initiative that do not seek to make transparent and strengthen the contracting and procurement processes of the State.
For its part, Congress published that “Among its objectives, it seeks to update the country to the negotiation conditions that respond to the evolution of public procurement regulations, with the use of technology and based on transparency, legal certainty and the strengthening of institutions.
It adds that “it is also intended to order the powers of the responsible authorities in the contracting process, as well as the reduction of deadlines, without ceasing to to comply with international agreements, conventions and treaties”.
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“With the approval of initiative 6141, a comprehensive and improved solution for procurement modalities will be provided, which will now be adapted to each need and with the purpose of serving the population in a timely and effective manner and providing goods and services that are necessary with the guiding principles, standardizing and simplifying processes”, concludes the publication of the Congress of the Republic.
