Through Resolution No. R.E-SERCOP-2026-0001, the National Public Procurement Service (“SERCOP”) issued the “Methodology for the Exercise of Sanctioning Authority”, in accordance with the infringements, sanctions, and procedures set forth in Article 119, paragraphs (a) and (b), and Articles 120 and 121 of the Organic Law of the National Public Procurement System (“LOSNCP”), excluding the condition of national producer.

This update responds to the amendments to the LOSNCP published in October 2025 and repeals the previous methodology established by Resolution No. RI-SERCOP-2022-0006.

Main Infringements and Sanctions

The sanctioned infringements include:

a) Providing false information or documentation, or making an incorrect statement in public procurement procedures, even when such conduct is negligent.

b) Using the Public Procurement Portal for purposes other than those established by law or its regulations.

Sanctions consist of suspension from the Single Registry of Suppliers (RUP) for periods that vary according to the seriousness of the infringement and any recurrence:

• Minor infringement: 60 days (recurrence: 181 days);
• Serious infringement: 120 days (recurrence: 270 days);
• Very serious infringement: 180 days (recurrence: 360 days).

The seriousness of the infringement is determined based on the value of the procurement procedure. Improper use of the public procurement portal is always classified as a serious infringement.

Effects of the Sanction

During the suspension period, the supplier may not participate in new public procurement procedures. Contracts awarded prior to the imposition of the sanction may continue to be performed.

Entry into Force

The new methodology entered into force on January 20, 2026.

This document does not constitute a legal opinion and is provided solely for general informational purposes. Should you have any questions or require specific legal advice, please contact us using the details provided in this document.