Título II

For purposes of application of this Law, the following shall be understood as higher authorities:

1)FOR THE LEGISLATIVE BRANCH:

a)When the amount does not exceed nine hundred thousand quetzales (Q.900,000.00) the higher administrative authority shall be the General Director.

b)When the amount exceeds nine hundred thousand quetzales (Q.900,000.00), the competent authority shall be the Board of Directors, as higher authority, for the application of this Law.

2)FOR THE JUDICIAL BRANCH:

a)When the amount does not exceed nine hundred thousand quetzales (Q.900,000.00), the higher administrative authority shall be the General Manager.

b)When the amount exceeds nine hundred thousand quetzales (Q.900,000.00), the competent authority shall be the Supreme Court of Justice, as higher authority, for the application of this Law.

3)FOR THE CONSTITUTIONAL COURT AND THE SUPREME ELECTORAL TRIBUNAL:

a)When the amount does not exceed nine hundred thousand quetzales (Q.900,000.00), the higher administrative authority shall be the President of the Constitutional Court or the President of the Supreme Electoral Tribunal, respectively.

b)When the amount exceeds nine hundred thousand quetzales (Q.900,000.00), the higher authority shall be the Plenary of the Constitutional Court or of the Supreme Electoral Tribunal, as applicable.

4)FOR THE EXECUTIVE BRANCH:

4.1 For the Presidency and Vice-Presidency of the Republic and the dependencies attached thereto:

a)The President and the Vice-President of the Republic, respectively, shall designate, on a permanent basis and for an indefinite time limit, the public officials who shall serve as higher administrative authority for cases in which the amount does not exceed nine hundred thousand quetzales (Q.900,000.00).

b)For the Presidency and Vice-Presidency of the Republic and the dependencies attached thereto, the President and the Vice-President of the Republic, respectively, shall designate, on a permanent basis and for an indefinite time limit, the public officials who shall serve as higher authority, for cases in which the amount exceeds nine hundred thousand quetzales (Q.900,000.00).

4.2 For the Ministries and Secretariats of the Presidency of the Republic:

a)When the amount does not exceed nine hundred thousand quetzales (Q.900,000.00), the higher administrative authority shall be the public official or public officials designated by the Minister or Secretary, as applicable, on a permanent basis and for an indefinite time limit, according to the organic structure of the Ministry or Secretariat and its dependencies, including executing units or entities attached thereto.

b)When the amount exceeds nine hundred thousand quetzales (Q.900,000.00), the higher authority shall be the Minister of the branch or the corresponding Secretary.

4.3 For other dependencies or entities of the Central Administration, not attached to another Office:

a)When the amount does not exceed nine hundred thousand quetzales (Q.900,000.00), the higher administrative authority shall be the public official designated by the hierarchically superior authority of the entity, on a permanent basis and for an indefinite time limit.

b)When the amount exceeds nine hundred thousand quetzales (Q.900,000.00), the higher authority shall be the hierarchically superior public official or collegiate body responsible for the entity.

5)FOR STATE ENTITIES WITH LEGAL PERSONALITY, DECENTRALIZED AND AUTONOMOUS:

a)The higher administrative authority shall be the Manager or equivalent public official, when the total value does not exceed nine hundred thousand quetzales (Q.900,000.00).

is favorable. higher authority of the contracting entity.

b)The Board of Directors, highest authority, or as applicable, whoever exercises the functions thereof, when the total value exceeds nine hundred thousand quetzales (Q.900,000.00), as higher authority.

6)FOR THE MUNICIPALITIES AND THEIR ENTERPRISES:

a)When the amount does not exceed nine hundred thousand quetzales (Q.900,000.00), the higher administrative authority shall be the Municipal Mayor, Manager or equivalent public official of the enterprise, as applicable.

b)When the amount exceeds nine hundred thousand quetzales (Q.900,000.00), the higher authority shall be the Municipal Council.

7)For entities or enterprises whose capital is composed mostly of State contributions; Non-Governmental Organizations or non-profit entities that receive, administer or execute public funds; entities of any nature whose income comes from State resources, subsidies or contributions; trusts constituted with public funds and social funds; and any other entity or institution subject to this Law, not covered in the preceding numerals:

a)When the amount does not exceed nine hundred thousand quetzales (Q.900,000.00), the higher administrative authority shall be the Manager, Executive Director, Legal Representative or equivalent authority, as applicable.

b)When the amount exceeds nine hundred thousand quetzales (Q.900,000.00), the higher authority shall be the superior body or authority of the entity in question, according to its organic structure. In the case of trusts, the Technical Committee thereof.

The higher administrative authority in the cases contemplated in this Article may delegate the signing of the contracts to the public officials or representatives of the contracting entity. These designated public officials and representatives shall have attributions and exercise hierarchically superior functions within the organic structure, related to the administration or acquisitions carried out by the entity.

When dealing with negotiations financed with resources from loans granted by the Municipal Development Institute or by foreign financial entities to the Municipal Council, the actions of the higher authority require prior favorable opinion of said Institute. If the Municipal Development Institute does not process the consultation or issue the corresponding opinion within a time limit of thirty (30) days, counted from the date of receipt of the file, it shall be understood that its opinion In cases not provided for in this article, it shall be understood as higher authority and higher administrative authority, that established in the contract, agreement, internal organic regulation or those corresponding in accordance with the internal functional organization of the entity in question.

The quotation, bidding, or qualification boards are the sole competent bodies to receive, evaluate offers and award the contract. Decisions shall be taken by simple majority vote among their members. Board members may state the grounds for their vote.

Board members shall not abstain from voting nor absent themselves or withdraw from the place where they are constituted during the working hours in the award proceedings.

The quotation, bidding, or qualification boards shall record everything done in the respective records.

The titular and alternate members of the quotation, bidding or qualification boards shall be public servants, appointed by the competent authority of the entities, according to each procurement modality. The competent authority shall be responsible for verifying the suitability of the public servants appointed to serve on the boards.

Suitability shall be verified through accreditation of sufficient experience or knowledge in any of the legal, financial and technical fields of the business to be awarded, the board being required to have suitable members in each of these fields. Alternate members shall accredit sufficient experience or knowledge in the same field as the titular member they will replace.

In the event the appointed public servants do not present an excuse in accordance with Article 13 of this Law, the corresponding authority, under its responsibility, shall place on record in writing the verification of the suitability of the appointed members.

In the event the entity or entities do not have suitable personnel, public servants from other State dependencies may be appointed, provided their suitability is verified and ensured, in accordance with the criterion of the preceding paragraph.

The boards shall be integrated as follows:

a)In the case of the public bidding modality, the bidding board shall be composed of three (3) titular members and two (2) alternates, who shall be appointed by the in the matter or in the bidding company.

b)In the case of the public quotation modality, the quotation board shall be composed of three (3) titular members and two (2) alternate members, who shall be appointed by the superior administrative authority of the contracting entity.

c)In the case of the open-contract purchase modality, the qualification board shall be composed of titular and alternate representatives of the entity or entities or bodies that have requested or required the competition, appointed by the superior authority of the entity or entities or bodies of each requesting or requiring party. Where a single entity manages the same, the qualification board shall be composed of a number not less than three (3) titular representatives and two (2) alternates, appointed by the superior authority of the interested body or entity.

The qualification board may request assistance from advisors, both from the General Directorate of State Acquisitions and from the requiring entities, when it deems it necessary.

In cases in which the number of entities or bodies that have requested or required the open-contract purchase competition, and therefore the number of members of the qualification board, is even, each time a vote results in an equal number of favorable and unfavorable votes, the vote shall be repeated up to a third time. If in the three consecutive votes an equal number of favorable and unfavorable votes is obtained, the board shall declare inability to reach a decision. The qualification board shall place on record in writing in the respective record this procedure.

For the proper performance of their functions, the bidding, quotation or qualification boards may request assistance from advisors of public-sector entities with governance, attributions or specialties relevant to the business to be awarded.

The authority responsible for the appointment of the members of the boards shall place on record in writing all of its actions relating to the integration of the boards.

Those who have any of the following impediments may not be members of the bidding, quotation, or qualification boards:

a)To be a party to the matter.

b)To have been legal representative, manager or employee, or any of their relatives, advisor, attorney or expert,

c)To have, or for any of their relatives within the degrees established by law to have, a direct or indirect interest in the matter.

d)To be related within the degrees established by law to any of the parties.

e)To be a relative within the degrees established by law of the superior authority or the superior administrative authority of the institution.

f)To have accepted inheritance, legacy or donation from any of the parties.

g)To be a partner or participant with any of the parties.

h)To have participated in the preparation of the transaction, at any stage.

They may not be members of the bidding, quotation or qualification boards, and must recuse themselves in the following cases:

a)When they have close friendship or relations with any of the parties, which according to the evidence and circumstances cast doubt on impartiality.

b)When the male or female member or their descendants have contracted marriage with any of the parties, or with blood relatives of any of them.

c)When the male or female member lives in the same house with any of the parties, except in the case of hotels or boarding houses.

d)When the male or female member has intervened in the matter being called.

e)When the male or female member or their relatives within the degrees provided by law have been tutors, protutors, guardians, principals or agents under a mandate of any of the parties or of their descendants, spouses or siblings.

f)When the spouse or the blood relatives of the member have accepted inheritance, legacy or donation from any of the parties.

g)When any of the parties is a table companion or dependent of the member or the latter is a table companion or dependent of the former.

h)When the male or female member, their spouse, descendants, ascendants or brothers, sisters and any of the parties have executed a written contract from which results a legal relationship that benefits or harms the member or any of their aforementioned relatives.

State Procurement GUATECOMPRAS;

i)When the member, their spouse or blood relatives have a pending lawsuit with any of the parties or had one a year earlier.

j)When the member, before awarding, has expressed an opinion on the matter at issue.

k)When the matter may result in harm or benefit to the interests of the member, their spouse or any of their blood relatives.

l)When the member, their spouse, or any of their blood relatives have serious enmity with any of the parties. Serious enmity is presumed where any of the parties has harmed or attempted to harm the member or the latter has harmed or attempted to harm any of the former, in their person, honor or property, or the relatives of either mentioned in this subparagraph.

m)For failure to meet any of the suitability criteria established in Article 11 of this Law.

n)For reasons established in this Law or in other laws in force.

Public servants who are appointed to serve on a board and who must recuse themselves as established in this article, within a time limit of no more than one business day from the moment they learn of the impediment, must submit their recusal in writing, stating reasons and proving the grounds justifying the recusal. The nominating authority of the Board must decide within a time limit of no more than one business day. The regulations shall establish the procedure. Public servants who submit frivolous recusals, or who, having the obligation to submit a recusal, fail to do so, shall be sanctioned in accordance with the administrative sanctioning regime of the State or entity concerned, without prejudice to any civil and criminal liability that may arise.

The grounds for recusal as a member of a quotation, bidding or qualification board are the same as those of the impediments established in Article 12 and the excuses established in Article 13 of this Law.

The General Directorate of State Acquisitions is the governing entity for public acquisitions, responsible for facilitating processes, proposing or approving the regulations within its competence. The purpose of the General Directorate of State Acquisitions is to ensure that public acquisitions are conducted within a general framework of transparency, certainty, efficiency and competition in public acquisitions. Its functions include:

a.To be the governing body for public acquisitions and for the Contracting Information System and

b.To design, administer, regulate and implement policies intended for the development of GUATECOMPRAS;

c.To establish procedures for the proper application of legislation on public acquisitions;

d.To coordinate the open-contract purchase modality;

e.To decide the destination of the Directorate's own funds (fondos privativos), for the strengthening, development and modernization of public-acquisition systems, processes and procedures;

f.To periodically train public-sector entities on procedures for public acquisitions;

g.To certify the public officials or public employees responsible for acquisitions in the entities subject to this Law;

h.To require from all public-sector entities, through the GUATECOMPRAS system, their annual purchasing program, for its optimization and preparation of statistics, and its amendments;

i.To standardize the contracting processes of public entities;

j.To generate and keep updated statistics, which shall be publicly accessible; and,

k.Others established by the regulation, the law and the ministerial office, within its competence.

The economic-financial regime for the General Directorate for State Acquisitions is constituted by the following resources:

a)Financial resources from the General Budget of Revenues and Expenditures of the State;

b)Privative funds derived from payments made by awarded suppliers or contractors, corresponding to fees for GUATECOMPRAS services. The regulation shall specify these fees and the corresponding procedures.

These resources shall be administered, as a privative fund, by the General Directorate for State Acquisitions.

or like, or similar, or analogous.