Presentation
At the end of the 70s, it was necessary to legislate on Administrative Systems, it is because of what by Decree Law No. 22056 dated December 29, 1977, the National Supply System was created, whose objective was to ensure the unity, rationality, efficiency and effectiveness of. the processes of Procurement of non-personal goods and services in the Public Administration, through technical processes of cataloging, supplier registration, scheduling, acquisitions, storage and security, distribution, registration and control, maintenance, recovery of goods and final disposal. Through Headquarters Resolution No. 118-80-INAP / DNA, the General Standards of the Supply System are approved, which are those that govern, from there,the procedures that should be followed in public management regarding supply.
From then to date, a lot of water has flowed under the river, some of its provisions being obsolete - others have already been repealed - so it is necessary to review these. This is the reason for the present work, which I hope will meet the expectations of the case.
The National Supply System and the General Standards of the Supply System
1. National Supply System
The generalized definition of the Supply System indicates that it is the interrelated set of policies, objectives, standards, attributions, procedures and technical processes, with the intention of achieving efficient and effective management of the supply processes required by State entities, seeking to orient as Nunja, José (2010) points out “to the rational flow, distribution or supply, employment and conservation of material resources; as well as specialized actions to meet the needs and requirements of the entities for the normal development of their activities, and ensure the continuity of the productive processes developed by the entities that are members of the Public Administration ”.
2. Background
The National Supply System was created by Decree Law No. 22056 dated December 29, 1977, entering into force as of 1978. Noting that it would be formed by the “(…) Central Technical Normative Office, the National Supply Directorate of the National Institute of Public Administration, and as executing bodies, the Supply Offices of the Ministries, Organizations whose Head has the rank of Minister, Decentralized Public Organizations and Municipal Councils ”. And that its objectives were to ensure the unity, rationality, efficiency and effectiveness of. the processes of Supply of non-personal goods and services in the Public Administration, through technical processes of cataloging, supplier registration, programming, acquisitions, storage and security, distribution, registration and control,maintenance, asset recovery and final disposal.
Through DECREE LAW No. 22867 Law of Deconcentration of Attributions of the Personnel Systems, Supply and Rationalization of January 22, 1980, it was sought to promote the process of administrative deconcentration, establishing decisions related to the technical processes of Supply of goods and services not personal in the Public Administration. The aforementioned norm established that the National Institute of Public Administration (INAP) was the governing body of this System and as executing bodies, the Supply Offices of the Ministries, Decentralized Public Organizations and Municipal Councils. In the performance of its functions, this body issued a series of Directives, Regulations that contributed to the proper implementation of the Supply System in the Public Administration. This organism,at the time, it issued the so-called General Standards of the Supply System approved by Headquarters Resolution No. 118-80-INAP / DNA which were:
- SA.01 Application of efficiency and effectiveness criteria SA.02 Supply Administration Integrity SA.03 Updating and use of information for Supply SA.04 Goods and services procurement unit SA.05 Physical Income and temporary custody of goods unit SA.06 Austerity Supply SA.07 Verification of the status and use of goods and services
Through Headquarters Resolution No. 335-90- INAP / DNA, this Agency approved the Warehouse Management Manual for the National Public Sector and determined that it was the responsibility of the Supply Agency to specify instructions, terms, mechanisms, instruments and responsibilities in order to carry out the verification of warehouse goods.
The first four General Standards of the Supply System were repealed by means of SUPREME DECREE No. 039-98-PCM that regulated Law No. 26850 of the State Contracting and Procurement Law. Procurement is currently governed by Legislative Decree No. 1017 that approves the State Procurement Law published on June 4, 2008 and which entered into force on February 1, 2009 after the approval of the Procurement Law Regulations. of the State approved by Supreme Decree No. 184-2008-EF, perfecting this rule through successive amendments. As for the last three General Standards of the System, these are still in force.
3. General Standards of the Supply System
These Norms were approved by Chief Resolution No. 118-80-INAP / DNA, on July 25, 1980, in order to guarantee and facilitate the control and effectiveness of the functions of these norms, within a comprehensive conception of management of Supply. Each Standard is made up of a definition, Concept, Objectives, Actions to be Developed, Legal Basis, Scope and Control Mechanisms. These Standards, in summary, are:
SA.01 Application of efficiency and effectiveness criteria
This norm indicates that in every requirement, request, obtaining, supply or administration of goods and / or services, criteria of quality, quantity, opportunity, place and cost will be specified and applied: the latter when pertinent.
Taking care that in every action to be taken, not only the background must be preserved, but also the form. Seeking to satisfy the needs of the public administration but also to do it correctly, with good practices.
It also points out that supply, as an activity to support the internal functioning of the organization, must contribute to the rational use and combination of goods and services (efficiency), as well as to achieve the proposed objectives (effectiveness) in the best possible way. This Standard seeks to achieve the objectives of: i) Establishing mechanisms that guarantee the contribution of Supply to the achievement of institutional results, and ii) Surrounding the exercise of the Supply function with guarantees and measurement guidelines.
SA.02 Integrity of Supply Administration
It indicates that the planning, organization, direction and control of the Supply will cover both goods and services; and it runs through technical processes.
The Supply is a function of support to the internal functioning of a social organization. They are aimed at supplying or providing the material elements (called goods) and the complementary activities for the operation of said elements in an optimal or guaranteed state (called services): both, goods and services, are used for the governmental production of public services, or economic assets through the different entities that constitute the Public Administration. Such activities are carried out in specialized fields called technical processes, relatively autonomous and interdependent. Supply technical processes are: cataloging, supplier registration, programming, registration and control, acquisition, recovery of goods, storage, maintenance, security,distribution and final disposal. In summary, in Supply all the organic units that make up a public entity intervene, in one way or another, therefore the integrity of the function does not necessarily mean exclusivity of its exercise by the Supply body.
The function of this Standard is to achieve unity and rationality in the Supply function.
SA.03 Updating and use of information for Supply
It indicates that those in charge and users of the procurement function are responsible for permanently updating and using the information necessary to guide the application of technical processes.
Knowing that "Information" is any data or phenomenon that provides a new knowledge or increase the current one, about the reality in which an entity operates. Procurement uses information to guide, organize and streamline the development of technical processes. In order to be reliable, the information must be current, that is, reflect in the best possible way the phenomena that occur at the present moment.
The function of this Standard was: i) To allow decisions regarding Supply, at any level, to be based on prior knowledge of the administrative reality, and ii) To guide the supply of goods and / or services in public entities.
SA.04 Unit for Procurement of goods and services
This Standard indicates that all the acquisition of goods and / or services will be carried out by the Supply Office. When for specific cases it is temporarily entrusted to a different body, it will do so by applying the regulations issued by the Supply Agency.
It indicates that the acquisition is a technical Sourcing process, hence the exclusive power. It consists of a set of ADMINISTRATIVE-LEGAL TECHNICAL activities aimed at ensuring that a public entity, on behalf of the State, achieves the ownership, availability or power to use goods and / or services permanently or temporarily, whether or not a covenant obligation is derived.. Specializing in an agency in charge of carrying out this work. A specialized body in charge of the Supply function operates in each entity. Depending on the characteristics of the entity, this function can be performed in a centralized or decentralized manner.
The Objectives followed by this Standard were: i) Avoid multiple efforts for the same purpose, ii) Guarantee the technical and harmonious performance of the activity; and iii) Facilitate control.
SA.05 Unit of Physical Income and temporary custody of assets
All the goods acquired will physically enter the entity through the Warehouse of the Supply body; and for their temporary custody, that or other agencies will apply similar principles and procedures.
Storage is a technical Procurement process aimed at establishing and applying guidelines for the location and temporary custody of goods in any physical area equipped for that purpose. Physical entry is an act of incorporation into the entity, passing from outside it to the inside through a previously established place. The entry is a formal act that originates administrative actions to certify it, accredit conditions and incorporate the assets into the entity as a whole. All material, individualizable, measurable, interchangeable and useful elements are goods.
Sub Objectives were: i) Establish a single type of route or channel for the physical entry of goods acquired to the entity, ii) Extend the general principles of storage to all areas that carry out temporary custody of goods, and iii) Carry out better control of the goods during their periods of custody, while they are moved to the place of direct use.
SA.06 Supply Austerity
It indicates that in all forecast, request, obtaining, supply, use and / or administration of goods and services, the pertinent austerity criteria and instruments established by the entity will be applied to proposals from the Supply body.
Austerity is a basic condition of Supply and its application corresponds to all the organs of an entity. The stated objectives being: i) Establish criteria to make the use of material resources available to entities more rational, and ii) Promote the use of technically developed criteria.
SA.07 Verification of the status and use of goods and services
This Standard is aimed at public entities formulating and applying standards to verify the existence of the state and conditions of use of the goods and / or services available to the entity.
Verification is an act of physical verification carried out by people on behalf of the entity. The Supply System is responsible for the verification, in reference to the physical units, applicable to both goods and services. Basically verification refers to the following aspects: existence or actual presence of the good or service (seen as an action or result); state to assess the degree of conservation or deterioration of the property as well as the result of the service; and conditions of use, to verify in which it is used, place, skills of the person in charge, safety conditions, performance and especially the employment for the benefit of the organization as a whole (for official purposes).
The stated objectives being: i) To monitor the goods and services available to the entity, ii) Gather information on stocks, goods and services to make a more efficient supply; and iii) Avoid the unproductive accumulation of unnecessary goods or services for the entity.
4. Validity of the General Supply Standards
The Second Final Provision of SUPREME DECREE Nº 039-98-PCM that regulated Law Nº 26850 Law of Contracting and Acquisitions of the State, dated December 26, 1998, repeals Standards SA.O1, SA.02, SA.03 and SA.04. Standards SA.O5, SA.06, and SA.07 are still in force. These four were repealed inasmuch as they referred to the performance of the contracts, the form and control thereof; and Law No. 26850 established basic norms that contained the minimum and maximum limits that Public Sector Entities should observe, within criteria of rationality and transparency, in the processes of contracting and purchasing goods, services or works and regulates the obligations and rights derived from them. These processes comprised all contracts that were intended to obtain goods,services or works necessary for the fulfillment of the functions of the State. Replacing the mentioned Standards. The Procurement Law has been refining to date.
5. Analysis of Current Standards
In order to determine the importance of the analysis of these Norms, it is necessary to review if they are still in force, or if norms have been promulgated that, without proposing them, are replacing the provisions of these. To find out, the present matrix has been prepared:
|
GENERAL STANDARD SUPPLY |
SA.05 Unit of Physical Income and temporary custody of assets |
SA.06 Supply Austerity |
SA.07 Verification of the status and use of goods and services |
| Detail | All the goods acquired will physically enter the entity through the Warehouse of the Supply body; and for their
temporary custody, that or other agencies will apply similar principles and procedures |
In all forecast, request, obtaining, supply, use and / or administration of goods and services,
the pertinent austerity criteria and instruments established by the entity will be applied to proposals from the Supply body. |
Public entities will formulate and apply rules to verify the existence of the state and conditions of
use of the goods and / or services available to the entity. |
| goals | i) Establish a single type of route or channel for the physical entry of goods acquired from the entity
ii) Extend the general principles of storage to all areas that carry out temporary custody of goods. iii) Carry out better control of the goods during their periods of custody, while they are moved to the place of direct use. |
i) Establish criteria to make the use of material resources available to entities more rational.
ii) Promote the use of technically developed criteria. |
i) Track the goods and services available to the entity.
ii) Gather information on stocks, goods and services to make a more efficient supply. iii) Avoid the unproductive accumulation of unnecessary goods or services for the entity |
| Scope | All Entities of the Public Sector | All Entities of the Public Sector | All Entities of the Public Sector |
| Provisions | It indicates actions to be carried out with respect to the goods that enter the Entity. It indicates that the place of custody of these, will be
called Warehouse. |
It proposes actions to be developed by Supply, and the General Administration Office and the
Planning Office. All referring to covering the austerity of the procedures. |
Indicates the administrative actions to be taken regarding the taking of physical inventory of the Institution's assets. |
| Control | It dictates four control provisions, all referring to Warehouse and the required supervision. | It indicates that the General Administration Office must supervise the actions, indicating frequent communication between
these two offices. |
Indicates actions for the control of the Institution's assets |
| Related Standards | i) Chief Resolution No. 335-90-INAP / DNA Warehouse Administration Manual for the Public Sector.
ii) Resolution of the Comptroller's Office No. 320-2006 Approves Internal Control Standards. |
i) State Procurement Law DL No. 1017. Regarding the principles that govern procurement.
ii) Public Sector Budget Law for Fiscal Year 2014, in relation to Austerity, Discipline and Quality Measures in Public Expenditure. iii) Resolution of the Comptroller's Office No. 320-2006 Approves Internal Control Standards. |
i) Law No. 29151 Law of the National System of State Assets.
ii) Supreme Decree No. 007-2008-Housing Regulation of the general law of the national system of state assets. iii) Directives of the Superintendency of National Assets. iv) Resolution of the Comptroller's Office No. 320-2006 Approves Internal Control Standards. |
Table 01
Reference: Headquarters No. 118-80- INAP / DNA
Authorship: Own
The above table has the list of the General Supply Standards SA.O5, SA.06, and SA.07. Information taken from Headquarters Resolution No. 118-80-INAP / DNA, and current regulations that relate to these, complementing each other. We will analyze each of them below.
SA.05 Unit of Physical Income and temporary custody of assets
This Standard indicates actions to be taken with respect to the assets that enter the Entity, custody, registration and delivery of the same. It indicates that the place of custody of these, will be called Warehouse, among others. Subsequently, INAP issued Headquarters Resolution No. 335-90-INAP / DNA that approves the Warehouse Management Manual for the Public Sector, both in force to date. While it is true, the management of warehouses has not changed in the public administration, the Comptroller General of the Republic, modernized the vision of control, through Resolution of the Comptroller's Office No. 320-2006 Approves Internal Control Standards, on the risks that occur in the management of administrative procedures. To date, no additional norms have been issued in this regard. Institutions must, through Warehouse Directives, try to regulate,according to their circumstances, the handling of them.
For the time being, it would be necessary to review the Standard - regarding the points: Actions to be Developed and Control Mechanisms - and the Headquarters Resolution No. 335-90-INAP / DNA, to give modernity and agility to the management of warehouses.
SA.06 Supply Austerity
As for this rule, on the austerity of the procedures in acquisitions, procedures, control and others, it is being complied with, since every year the Austerity, Discipline and Quality Measures in Public Expenditure are issued through the Law of Budget of the Public Sector for the corresponding Fiscal Year; In the same way, there are the principles that govern state contracting such as: Morality, Impartiality, Reasonableness, Efficiency and Transparency, approved by the State Contracting Law DL No. 1017. In addition to that are the Austerity Directives that each Institution approves each year.
This norm needs to be modified in its content or otherwise be repealed, because the information presented is not in accordance with modern times, since austerity measures have been changing over time, and current legal provisions apply.
SA.07 Verification of the status and use of goods and services
At this stage there are two points, the verification of goods and services; Regarding goods, there is the patrimonial control, by Law No. 29151 the Law of the National System of State Assets was promulgated and with DS No. 007-2008-Housing the Regulation of the General Law of the National System of State Assets was approved. Subsequently, the Superintendency of National Assets was created, it is in charge of ensuring legislation on institutional patrimonial assets, showing modernity and clarity regarding its procedures. Regarding the verification of services and movable property, the State Contracting Law and its Regulations, indicate procedures and actions to be taken in this regard.
This rule must be repealed, as its provision is indicated by modern and current rules.
6. Conclusions and Recommendations
Conclusions
- The General Supply Standards were approved by Headquarters Resolution No. 118-80-INAP / DNA, on July 25, 1980, in order to guarantee and facilitate the control and effectiveness of the functions of these standards, within a comprehensive concept of Supply management. Each Norm is constituted, by a definition, Concept, Objectives, Actions to Develop, Legal Basis, Scope and Control Mechanisms. The Second Final Provision of SUPREME DECREE Nº 039-98-PCM that regulated Law Nº 26850 Contracting and Acquisition Law of the State, dated December 26, 1998, repeals Standards SA.O1, SA.02, SA.03 and SA.04. Standards SA.O5, SA.06, and SA.07 are still in force. Standard SA.05 Physical Income Unit and temporary custody of goods, referring to the management of warehouses,It has not been modified or has undergone subsequent contributions, except as presented by Chief Resolution No. 335-90- INAP / DNA that approved the Warehouse Management Manual for the National Public Sector Standard SA.06 Supply Austerity, referring to austerity actions in the procedures adopted, has numerous subsequent regulations such as: Austerity Measures, Discipline and Quality in Public Expenditure, the principles indicated in the Contracting Law and the annual Austerity Directive approved by each Institution. Therefore, its application and consultation is not necessary. Standard SA.07 Verification of the status and use of goods and services, referring to property assets and the correct execution of services; In this regard, this Standard has many subsequent provisions,such as the creation of the National System of National Assets, the Superintendency of National Assets (SBN) and the provisions of the State Procurement Law. So your application and consultation is not necessary.
recommendations
It is recommended to repeal the General Supply Standards: SA.06 Austerity of Supply and SA.07 Verification of the status and use of goods and services. For having subsequent legislation that supplements its provisions.
7. Bibliography
- Nunja, José (2010). Supply System and Patrimonial Control. Government News, No. 17 March 2010. IV-1 to IV-8. SUPREME DECREE No. 039-98-PCM that regulated Law No. 26850 Law of Contracting and Acquisitions of the State. Law of Contracting of the State DL No. 1017.Res. Headquarters No. 335-90- INAP / DNA approved the Warehouse Management Manual for the National Public Sector. The National Supply System Legislative Decree No. 22056 dated December 29, 1977. Comptroller Resolution No. 320-2006 Approves Standards for Internal Control. Public Sector Budget Law for Fiscal Year 2014. Law No. 30114. Law No. 29151 Law of the National System of State Assets. DS No. 007-2008-Housing Regulation of the general law of the national system of state assets.
