Public procurement bill approved

This Wednesday, in a second discussion, the deputies unanimously approved the bill for a new Public Procurement Law. This bill, in addition to proposing prison sentences for officials who negotiate with the state, establishes the " Virtual Store " for purchases within state entities and prohibits the splitting of contracts, among other provisions.

One of the main focuses of the bill is that it establishes prison sentences for officials who violate the prohibitions established by law, including legislators and public servants who negotiate with the State, as well as for businesspeople and contractors who commit corruption in the process.

The legal proposal approved by the deputies aims to replace an old Procurement and Contracting Law enacted in 2006, which, although it prohibits public officials from benefiting from contracts with the State, does not establish any criminal sanctions .

Law 340-06 only contemplates administrative sanctions such as disqualification from office and leaves any criminal consequences to other laws.

Prison for officials

The new bill, drafted after months of study by a special committee of the Chamber of Deputies , includes a criminal code with sanctions for those who engage in corrupt practices linked to public procurement and establishes consequences for those who falsify information, participate in prohibited contracts, or engage in influence peddling.

In particular, Article 234 provides for penalties of two to five years in prison for officials and legislators who engage in business with the state and punishes contractors who offer bribes to obtain public works or services with up to 10 years in prison.

The bill also stipulates that institutions must purchase products or services through an official online platform called the Virtual Store , provided the items are available there.

Entities may only opt out of this mechanism if they demonstrate that another supplier offers better conditions and with prior authorization from the General Directorate of Public Procurement .

Furthermore, the document argues that institutions that divide contracts to avoid controls or operate below the thresholds required by tenders will be sanctioned.

The bill establishes that separate contracts cannot be made within a three-month period if they correspond to the same type of good or service.

Furthermore, the initiative institutionalizes the mandatory use of the Electronic Public Procurement System , a platform where all phases of the process must be recorded: planning, publication, awarding, execution, payments and closing of contracts .

Any contract made outside the system will not be legally valid and may be subject to penalties.

Abinader's Promise

In November 2024, President Luis Abinader asked Congress to expedite the new procurement law, but the initiative was stalled for several months in the Chamber of Deputies due to dissatisfaction with the legislation in some sectors.

Eight months later, the Chamber of Deputies reached a consensus on a proposal and will now send it to the Senate for the same congressional process.

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