Spanish
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This Regulation establishes a clear separation of functions to ensure objectivity in the investigation and sanctioning process of infractions committed by State providers, ensuring respect for due process, legality, proportionality, and legal certainty in all administrative actions.
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The new regulatory instrument defines the competencies of the governing body, the stages of the procedure, the defense rights of the administered, and the decision-making mechanisms, establishing a clear separation between the instruction and sanction functions.
It also regulates the execution of sanctions, their registration in the State Suppliers Registry (RPE) and the legal effects derived from disqualification, as well as the mechanisms for restoring the supplier's status once the sanction has been fulfilled or revoked.
The Regulation, which will come into force 30 working days after its official publication, also establishes disqualification scales based on the severity of the offense, ranging from 1 to 5 years and from 5 to 10 years, as well as proportionality criteria when imposing the sanction after evaluating whether there was malice or negligence, the economic benefit obtained, and the impact on the continuity of public services.
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Regarding the scope and concurrence of responsibilities, the new regulations establish that the disqualification of a member will jointly affect the entire consortium. In addition, the effects of the sanction may extend to related entities if fraud or simulation is demonstrated to evade the sanction.
Interested citizens can consult the full document in the Legal Framework/Special Regulations section of the DGCP portal at the following link: https://www.dgcp.gob.do/sobre-nosotros/marco-legal/reglamentos-especiales/
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