Heredia reforms the internal endorsement of its municipal public procurements

The Municipality of Heredia approved the total reform of the Regulations on the Internal Endorsement of Public Procurement of the Municipality of the Canton of Heredia, which repeals the text in effect since 2020 and establishes deadlines, requirements, and responsibilities for municipal contracts. The regulation is published in La Gaceta No. 183 on Tuesday, September 29, 2026, Regulations section, pages 73 to 75, with the official reference IN202601126391. The agreement was adopted unanimously by the Municipal Council.

The text corresponds to agreement MH-CM-SCM-1518-2026, taken in ordinary session No. 195-2026 on Monday, September 1, 2026, article VI. The publication modifies and amends agreement 41 of ordinary session No. 181-2026 of July 13, 2026, based on a document signed by the legal advisor to the Municipal Council, Priscila Quirós Muñoz.

The regulation is issued in accordance with article 182 of the Political Constitution, article 32 of the General Public Procurement Law (Law No. 9986), and articles 6, 17, and 18 of the Regulations on the Endorsement of Public Administration Procurement of the Comptroller General of the Republic. Article 12 expressly repeals the previous regulation, published in La Gaceta No. 69 on Friday, April 3, 2020 (Agreement 11).

A legal unit with five-day deadlines

Article 2 designates the Directorate of Legal Advice and Management as the competent unit to grant the internal endorsement and verify that the contract conforms to the legality framework. Article 3 specifies that the endorsement is an act of approval and a requirement for the effectiveness of the contract, not a factor that nullifies the award.

The deadlines are as follows:

• Five business days for the Directorate to resolve the request, counted from the business day following its receipt.
• A maximum of three additional requests for information for the substantive study.
• Five business days to verify compliance with admissibility requirements, with outright rejection if any are missing.

Requirements for providers and electronic file

Article 8 details the conditions of the request, which must be processed through the Unified Digital System (SDU) or the Integrated Public Procurement System (SICOP). Requirements include:

• Certification of budgetary content in accordance with article 38 of the General Public Procurement Law.
• A current performance guarantee incorporated into the electronic file.
• Being up to date with the Costa Rican Social Security Fund and the Social Development and Family Allowance Fund (FODESAF).
• Notarial or registry certification of the company’s representation.
• A certain and definitive price, without prejudice to adjustments according to articles 41, 42, and 43 of the law.

Article 9 provides an exception route, via a letter sent to legal@heredia.go.cr, for cases where it is impossible to use the electronic systems due to an act of God or force majeure.

Responsibility and validity

Article 11 warns that the execution of a contract without internal endorsement, or with a denied request, generates personal disciplinary, pecuniary, and personal liability for the official who orders or executes it, as well as for those who, being able to prevent it, failed to do so. The sanction will be applied in accordance with the Municipal Code, the Labor Code, the General Law of Public Administration, the General Law of Public Procurement, and the Autonomous Regulation of Municipal Organization and Service of the Municipality of Heredia.

The agreement authorizes the municipal administration to publish the regulation once in the Official Gazette, after which it will enter into force, in accordance with article 43 of the Municipal Code. The publication appears signed by Enio Vargas Arrieta, Municipal Provider of the Administrative Financial Unit.

The reform obliges providers in the canton to process the endorsement electronically and to prove their current obligations with the CCSS and FODESAF, while municipal officials are exposed to personal sanctions if they order the execution of contracts without the approval of the Directorate of Legal Advice and Management.

Source: La Gaceta, No. 183 of Tuesday, September 29, 2026, Regulations section, pp. 73-75 (official reference: IN202601126391).