Government Procurement Principles and Procedures in Costa Rica

Posted on Feb 1, 2025 in Law

Principles of Government Procurement

Core Principles: The functions of these principles are: 1 – Report 2 – Rules 3 – Interpretative

Governing Principles: Contracting activity is governed by the following principles: Efficiency, Effectiveness, Advertising, Free Competition, Equality, Good Faith, and Intangibility of Assets.

Administrative Freedoms: These principles allow the administrative procurement entity broad freedoms to: Choose the contractor, choose the subject of the contract, determine the price, content, or economic value, and balance the positions of both sides.

Legal Framework and Hierarchy

Hierarchy of Rules: The rules are subject to the following order:

  1. Constitution
  2. International instruments in force in Costa Rica on government contracting
  3. Government Contracts Act
  4. Other laws governing procurement management
  5. General Law of Public Administration
  6. Regulation of the Law on Administrative Contracting
  7. Other regulations concerning procurement management
  8. The poster or contract documents
  9. The respective contract

Recruitment Management Prerequisites

Initiation of proceedings – Access Budget – Forecast Verification – Initial Decision – File

The Bidding Documents

The bidding documents, also known as specifications, are the specific regulations for recruitment. They are divided into two parts: administrative and technical conditions.

Formal Elements of Bidding Documents

  1. Identification of Body promoter, type, and number of tender
  2. Form
  3. Office Payment processing the procedure
  4. Deadline for submitting offers
  5. Number of copies
  6. Percentage guarantees of participation and/or tax compliance
  7. Species
  8. Nature and quantity of goods and/or services to acquire
  9. Future Purchase Option
  10. Weight table offers
  11. Hits
  12. Documents to provide
  13. Effective supply
  14. Deadline for award
  15. Time
  16. Quality Control

The Offer

The offer is the manifestation of the participant’s will, addressed to the Administration to contract according to the stipulations of the bidding documents.

Procurement Procedures

1 – Competitive Bidding: Public bidding is the standard procedure, especially in cases provided for in Article 27 of the Law on Administrative Contracting. It applies to:

  • Sales or alienation of movable or immovable property, or the lease of public property (except auctions).Image
  • Award of public facilities.Image
  • Hiring of inestimable value.Image
  • Procurement of supplies in the case of mode-demand delivery and performance by appropriation.Image
  • Framework agreements covered by this Regulation.Image

Receipt of Tenders

The minimum period for receiving offers is fifteen working days from the day following the publication of the notice to the day and time of opening of tenders.

Allocation and Reallocation

The tender must be adjudicated within the period provided in the bidding documents, which in no case can exceed twice the deadline for bids.