1. The Laws
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1. The Laws Start Comparison
a. What is the applicable legislation?

In general, the applicable laws and regulations to all public procurement procedures at a national level (the "Public Procurement Regime") are the following:

  • The Public Procurement Law published in the Special Official Gazette of the Bolivarian Republic of Venezuela No. 6,154, dated November 19, 2014
  • The Public Procurement Law Regulations published in the Official Gazette of the Bolivarian Republic of Venezuela No. 39,181, dated May 10, 2009
  • The different instructions issued by the National Contracting Service (NCS)

In principle, the Public Procurement Regime is applicable to the central or decentralized agencies and entities of national, state and municipal public powers. Notwithstanding this, municipalities may establish, through ordinances, their own public procurement procedures in accordance with the framework established in the Public Procurement Law.

On the other hand, each agreement is also regulated by the particular technical specifications and the clauses of the final contract.

b. Does the legislation relate to or interact with any applicable trade agreement, such as the European Union procurement rules, WTO Government Procurement Agreement (GPA) or the procurement requirements of the North American Free Trade Agreement (“NAFTA”)?

No.

c. What are the basic underlying principles of the legal framework?

According to the Public Procurement Law, the principles applicable to agreements with the state and public tenders are the following: (i) economy; (ii) planning; (iii) transparency; (iv) honesty; (v) efficiency; (vi) equality; (vii) competition; (viii) publicity; and (ix) simplification of procedures. Additionally, popular participation through any production association form must be promoted.

d. Is aerospace and defense procurement treated differently from other types of procurement?

No.