This guide is the checklist behind a bid in El Salvador: each registration, document and signature, in the order a tender asks for them, and who can lawfully handle each one. For how Salvadoran procurement works overall (thresholds, procedures, evaluation, payment and appeals), see How to bid for government tenders in El Salvador.
Before you bid
1. Register in RUPES on COMPRASAL. The Registro Único de Proveedores del Estado is the single national supplier register, run by DINAC (Dirección Nacional de Compras Públicas) at the Ministerio de Hacienda. You must be fully registered by the bid deadline or you are disqualified; only emergency, urgency and baja cuantía purchases are exempt, and a winner of an urgency or emergency purchase must register within 30 working days of the award.
- How: at comprasal.gob.sv choose “Regístrate como proveedor”; pick natural or juridical person and your ID type; enter trade name, gender of ownership, size class, country and address; verify your email with the code sent to it; accept the terms; then download, print, sign and upload again the RUPES declaración jurada. DINAC approves it or returns observations, which you fix through an email link.
- Who does it: you create the account with your own email. An adviser can prepare the data and the declaration.
- Validity: ongoing, as long as you keep your data up to date (LCP art. 12).
- From abroad: pick “Extranjero con NIT”, “Extranjero con pasaporte” or “Número de identificación tributaria del país de origen”; no Salvadoran NIT is needed.
2. The two-factor login. COMPRASAL asks every user to set up a second factor with an authenticator app, and the LCP requires digital authentication tools for RUPES. It is free and done the same day. The password and the codes stay with you, and you perform every logged-in action.
3. Beneficial owners. You enter your shareholders and beneficial owners in RUPES when you register, and bidders and winners declare them again in the sworn declaration or the form the tender uses (F2 in standard tender documents). It is free, and must be updated whenever ownership changes. An adviser can assemble the ownership chain and pre-fill the sections; you confirm them in your own RUPES account and sign F2. A foreign company discloses its group’s chain.
4. Your legal documents, kept current in RUPES. Buyers check your deed of incorporation, the current credential of your legal representative, any power of attorney, your NIT and your IVA card through RUPES, and on form F1 you can state that they are there instead of attaching copies. COMPRASAL has a documentation section and an upload for apoderado documents in the supplier profile; you upload updates in your own session. An expired credential is rejected, after the 6-month grace period of Código de Comercio art. 265.
5. CNR company documents (Salvadoran companies). At the Centro Nacional de Registros (CNR), Registro de Comercio, a company proves existence and representation with its registered deed of incorporation (or S.A.S. formation form), any amendments, a current matrícula de empresa y establecimiento, and the registered credential of its board or sole administrator. Deeds are granted before a Salvadoran notary, which your shareholders or directors sign, and registered at the CNR by the notary or a lawyer. The matrícula is renewed periodically; the credential lasts for the representative’s term plus 6 months’ grace.
6. NIT and IVA registration (Salvadoran companies). Tender documents ask for the company’s tax ID (NIT) and its VAT registration number (NRC), and a copy of the IVA card is a listed bid document. Both come from the Ministerio de Hacienda’s Dirección General de Impuestos Internos (DGII) on form F-210, which your accountant prepares with the company documents and your representative files. Changes are reported within 5 working days. Hacienda’s online services run under the taxpayer’s own clave, which stays with you.
7. A registered power for your apoderado. If someone other than your legal representative signs the bid or the contract, the tender document asks for the Testimonio de Escritura Pública de Poder registered at the CNR. Your legal representative grants it before a Salvadoran notary and a lawyer registers it; it lasts on its own terms. The apoderado then signs bid documents in their own name, as apoderado, and never uses your COMPRASAL login.
8. Your size and women-led status. You self-declare your size (micro, small, medium or large) and the gender of ownership in RUPES, free and the same day, using the indicators COMPRASAL shows, and keep it up to date. Institutions aim to buy 25% of their goods and services from national MIPYMEs and 10% from women-led ones, and a micro or small firm wins a tie on equal price and score. These preferences are for national MIPYMEs only.
With your bid
9. Join the process. Logged in, you click “participar” to register as a participant in the specific process, and download the Documento de Solicitud de Oferta (DSO) and its adendas.
10. The declaración jurada (form F3). It proves your legal capacity and that none of the impediments in LCP arts. 24-26 applies to you, including tax, municipal, pension and social-security solvency. The law accepts it as an acta notarial or a plain written statement in the DSO’s format (LCP art. 99); CEPA-type DSOs require an acta notarial, or a notary-authenticated signature, when the bid isn’t signed by the legal representative or an apoderado. Allow 1-2 days for the notary appointment. Your legal representative or apoderado signs and appears before the notary. A false statement makes you legally incapable of contracting (LCP art. 24 e).
11. Financial statements, where the DSO evaluates them. Domiciled bidders give the balance sheet, income statement, changes in equity, cash flow, notes and the independent auditor’s opinion, under NIIF or NIIF-PYMES, deposited at the CNR with the constancia de depósito, for the fiscal year the DSO names. A CVPCPA-registered auditor issues the dictamen and your accountant files the deposit; your legal representative signs the statements. Very small traders may give statements prepared by a public accountant. Some DSOs also ask certain bidders for a bank letter of approved credit; CEPA, for example, asks S.A.S. companies for one covering at least 10% of the offer, which you request from your own bank.
12. Experience and capacity. Contracts go only to suppliers with the capacity and experience to perform (LCP art. 29 c), and the DSO sets the evidence, typically client references and acceptance records. You supply genuine references and sign any self-declaration.
13. No bid bond, but maybe a validity declaration. The LCP lists no bid guarantee. Some DSOs ask for a signed declaration that the offer stays valid for the stated period, and any extension is requested in writing (LCP art. 94). It is free; you sign it. Lender-funded tenders under World Bank, IDB or CABEI rules may still ask for a bid security.
14. Joint bids. Joint bidders submit a letter of intent to form a Unión de Personas if awarded (Participación Conjunta de Oferentes, PCO), or an existing Unión de Personas (UDP) deed (LCP art. 93). Members are jointly and severally liable, each must be in RUPES, and each gives its own legal and financial documents; each member’s representative signs. On award a notary grants the UDP escritura, which names a representative; it is presented to the tax administration and registered in RUPES.
15. Uploading the offer. The offer, with its legal, financial, technical and economic parts, is uploaded encrypted on COMPRASAL before the deadline, in your own session, and signed by your legal representative or apoderado. It is free. Some DSOs also want a foliated physical original, which a courier or a local representative may deliver. Late offers are not received and alternative offers are rejected. Deadlines are in El Salvador time (UTC-6).
16. BOLPROS purchases. Where an institution buys through reverse auctions on the BOLPROS commodity exchange, an authorised broker represents you under a brokerage mandate, and you need a local legal representative.
If you’re in line for award
Once the award is final, the contract is signed within 5 working days, and you present current solvencias and the performance guarantee.
| Document | Issued by | Who can get it for you | Valid for | What only you do |
|---|---|---|---|---|
| Solvencia tributaria | Ministerio de Hacienda (DGII) | Your accountant checks your tax position first; the request is made online (“Solicitud de Solvencia” under Peticiones y Estado Tributario) | — | Log in with your own clave and request or print it |
| ISSS solvency (solvencia patronal), or a constancia de no inscrito if you aren’t registered as an employer | Instituto Salvadoreño del Seguro Social | Your accountant, at isss.gob.sv (Empresario > Emisión de Solvencias) with your NIT and your legal representative’s NIT, no login needed; free and the same day | 30 days from the day after issue | — |
| Pension solvency, or a constancia de no relación if you never had affiliates | Each AFP (AFP Crecer, AFP Confía) | — (immediate if you’re solvent, otherwise up to 24 hours; free online) | Shown on the document, with an authentication code | Use your own employer portal login |
| Municipal solvency | The alcaldía of your domicile | A local representative, where the alcaldía accepts one | — | Make or authorise the request |
Each ISSS solvency carries a verification code the buying institution’s procurement unit (UCP) checks, and arrears show up as an error. Being insolvent for taxes or pensions is an impediment under LCP art. 24 d.
Before the contract and the first invoice
The performance guarantee (Garantía de Cumplimiento Contractual). A first-demand, irrevocable guarantee of at least 10% of the contract for works and up to 10% for goods and services (a CEPA example: 10%, valid 200 days). An SSF-authorised bank, insurer or bonding company issues it on the DSO’s form (CEPA’s form F7) to the buying institution, usually within a few days if you have an existing surety line; some DSOs accept a certified cheque or cash instead, as CEPA does for contracts up to US$10,000. It is extended with contract changes. Failing to give it means the award is revoked, with sanctions. You sign the indemnity or counter-guarantee with the surety.
The advance-payment guarantee (Garantía de Inversión de Anticipo), if you take an advance. It covers 100% of the advance, which is capped at 30% of the contract, or 50% exceptionally, and lasts until the advance is amortised (CEPA form F9).
The good-works, good-service or quality guarantee. 10% of the final contract value, for at least 1 year from final acceptance, issued at final acceptance (CEPA form F10); the performance guarantee is released against it.
Signing. The contract-formalisation file (annex 3 in CEPA-type DSOs) is prepared for you, and your legal representative or a registered apoderado signs.
Who does what
| Step | Who can do it | What only you do |
|---|---|---|
| RUPES account | An adviser prepares the data and declaration | Create the account with your email; sign and upload the declaración jurada |
| Two-factor login | — | Set it up and keep it; perform every logged-in action |
| Beneficial owners and form F2 | The ownership chain is assembled and pre-filled for you | Enter and confirm it in RUPES; sign F2 |
| Legal documents in RUPES | Prepared and checked for expiry | Upload them in your own session |
| CNR deeds, matrícula and credential | A notary grants deeds; a notary or lawyer registers them | Shareholders or directors sign the deeds |
| NIT and IVA (form F-210) | Your accountant prepares it | Your representative files and signs; keep the DGII clave |
| Registered power | A notary grants it; a lawyer registers it at the CNR | Your legal representative grants it |
| Declaración jurada (F3) | Filled in from the DSO; a notary executes or authenticates it | Your legal representative or apoderado signs before the notary |
| Financial statements | A CVPCPA-registered auditor and your accountant | Your legal representative signs |
| Offer package | Built for you, including forms F1, F2 and F3, the technical offer and the price plan | Click “participar”, upload in your own session; sign the offer |
| Physical copy, if asked | A courier or local representative | — |
| Solvencias | Your accountant generates the ISSS one | Draw the Hacienda and AFP ones with your own logins |
| Guarantees | An SSF-authorised bank, insurer or bonding company | Sign the counter-guarantee |
| Translations of legal instruments | A notary with a sworn interpreter | — |
| Contract | Formalisation file prepared for you | Your legal representative or apoderado signs |
The professionals involved
| Professional | Licensed or regulated by | What they do for a bidder |
|---|---|---|
| Notario (a lawyer authorised to practise as a notary) | Corte Suprema de Justicia de El Salvador | Execute the declaración jurada as an acta notarial or authenticate the signature on it; grant escrituras for company constitution, amendments, powers of attorney and a Unión de Personas; run diligencias de traducción, signing and sealing every translated page; authenticate copies and signatures for the bid |
| Abogado | Corte Suprema de Justicia de El Salvador | Check legal capacity and the LCP arts. 24-26 impediments before you bid; act as apoderado under a registered poder and sign the bid, the declaraciones and the contract in your company’s name; handle CNR filings for a foreign branch and for powers; file the recurso de revisión (2 working days) and the appeal to TACOP (3 working days) |
| Contador público / auditor externo | Consejo de Vigilancia de la Profesión de Contaduría Pública y Auditoría (CVPCPA) | Prepare NIIF or NIIF-PYMES statements; as registered external auditor, issue the dictamen; deposit the annual statements at the CNR; prepare your tax and social-security position so you can draw solvencias, and generate the ISSS solvency |
| Bank, insurer or bonding company | Superintendencia del Sistema Financiero (SSF) | Issue the performance, advance, good-works and good-service or quality guarantees as first-demand, irrevocable, joint-and-several guarantees; confirm a guarantee issued by a foreign bank or insurer; issue a credit-approval letter where a tender asks |
| Sworn interpreter (perito traductor juramentado ante notario) | Not a profession as such: the notary appoints and swears the interpreter for each translation (Ley del Ejercicio Notarial art. 24) | Translate foreign corporate documents, financial statements and certificates into Spanish under oath, inside the notary’s diligencias |
| Bid consultant (consultor de licitaciones) | Unregulated | Read the DSO and build the compliance checklist; prepare forms F1, F2 and F3, the technical offer and the price plan for you to sign; track adendas and clarifications on COMPRASAL |
| BOLPROS broker | Superintendencia del Sistema Financiero; BOLPROS rules | Represent you in reverse auctions run through the BOLPROS commodity exchange |
If your company is from abroad
You don’t need a Salvadoran company or office to bid, and RUPES accepts a foreign passport or home-country tax ID; only purchases through the BOLPROS commodity exchange need a local legal representative and an authorised broker. Who may bid from abroad, and on what terms, is explained in How to bid for government tenders in El Salvador. For the paperwork:
- Company documents: instead of the CNR documents, your deed of constitution, any amendments and your legal representative’s credential, all legalised, plus a copy of the representative’s passport. A home-country notary certifies the copies, they are apostilled, and a notary in El Salvador runs the translation diligencias; allow 1-4 weeks. A company not validly constituted under its home law is legally incapable (LCP art. 24 f).
- Apostille: El Salvador has been party to the Hague Apostille Convention since 31 May 1996. Documents from countries outside it need consular legalisation.
- Translation: bids are in Spanish. Legal instruments are translated through notarial diligencias (Ley del Ejercicio Notarial art. 24; Código Procesal Civil y Mercantil arts. 148, 333 and 334), which take a few days and go into the bid as the original or a certified copy; supporting literature and foreign references can carry a free translation unless the DSO says otherwise.
- Declaración jurada: sign it abroad before a Salvadoran consul or a local notary, then apostille and translate it; or have a Salvadoran apoderado sign it before a Salvadoran notary.
- Power of attorney: a poder granted abroad is apostilled (or legalised), translated through notarial diligencias and registered at the CNR before it can be used in El Salvador. A foreign signatory needs it to sign the contract.
- Financial statements: a non-domiciled bidder gives its balance sheet and income statement under its home rules, signed by the preparer and the legal representative, with figures converted to USD at the official year-end rate.
- Tax number: no NIT is needed to register in RUPES or to bid.
- ISSS: a foreign company with no Salvadoran employees can print the constancia de empleador no inscrito only if it has a NIT.
- Guarantees: a foreign bank or insurer can issue a guarantee only through an SSF-authorised Salvadoran institution acting as confirming entity.
- An optional branch: a foreign company can register a branch at the CNR (Código de Comercio art. 358), with Ministerio de Economía authorisation; it then bids with the branch’s own documents and statements. A lawyer files the apostilled statutes, the registered power, the balance sheet and the authorisation; the CNR takes up to 5 business days after authorisation, and the fee is US$0.57 per US$100 of capital, capped at US$11,428.57. It isn’t required to bid.
- Preferences: the MIPYME targets are for national firms only.
Pitfalls
- Keep your logins. Never hand over your COMPRASAL, Hacienda (DGII) or AFP password or your authenticator codes; every logged-in action is yours.
- One bid, one bidder. Related bidders (same legal representative, shareholders or business group) can’t bid in the same process, and alternative offers aren’t allowed (LCP art. 26; Reglamento art. 56 d).
- One lawyer, one side. A lawyer acting for one bidder can’t act for a competing bidder in the same process.
- No contact with the evaluation panel. Any attempt to influence the PEO means immediate exclusion.
- Tell the truth in the declaración jurada. A false statement makes you incapable of contracting (LCP art. 24 e).
- Check who issues your guarantee. Only SSF-authorised issuers count; a foreign issuer needs a Salvadoran confirming institution.
- A plain translation isn’t enough for legal instruments: they go through notarial diligencias.
- Watch the credentials. An expired legal-representative credential is rejected after the 6-month grace period.
- Time the solvencias. The ISSS solvency lasts 30 days, and the contract is signed within 5 working days of the award becoming final.
- Challenge windows are short: 2 working days for the recurso de revisión, then 3 working days to appeal to TACOP.
Doing it with askTender
In El Salvador, COMPRASAL has no delegate users and uses an authenticator login, so you log in and press submit yourself, in a guided session with askTender. Everything before that is prepared for you. The askTender Desk prepares your RUPES data, forms F1, F2 and F3, the offer package and the formalisation file; askTender Partners, such as a notario, an abogado or a registered contador, do the steps their licence covers. You sign only what the law reserves to you: the RUPES declaration, the declaración jurada, the powers you grant, the offer and the contract.
Questions
Do I need a Salvadoran tax number to bid in El Salvador?
No. RUPES, the supplier register on COMPRASAL, accepts ‘Extranjero con NIT’, ‘Extranjero con pasaporte’ or the tax identification number of your home country, so a foreign company can register and bid without a Salvadoran NIT.
Is there a bid bond in Salvadoran tenders?
The Ley de Compras Públicas lists no bid guarantee: only advance-payment, performance, good-works and good-service or quality guarantees. Some tender documents ask instead for a signed declaration that your offer stays valid for the stated period. Tenders funded by the World Bank, IDB or CABEI under their own rules may still ask for a bid security.
Does the declaración jurada have to be notarised?
The law allows it as an acta notarial or as a plain written statement in the format of the tender document. CEPA-type documents require an acta notarial, or a notary-authenticated signature, when the bid is not signed by the legal representative or an apoderado. Every statement in it must be true: a false one makes you legally incapable of contracting.
What do I need to sign the contract?
Once the award is final, the contract is signed within 5 working days. You present current solvencias for tax (Hacienda), social security (ISSS), pensions (AFP) and municipal taxes, plus the performance guarantee. The ISSS solvency is valid for 30 days from the day after it is issued.
Can a foreign bank issue my guarantee?
Only through a Salvadoran financial institution authorised by the Superintendencia del Sistema Financiero, acting as confirming entity. Every guarantee must come from an SSF-authorised bank, insurer or bonding company accepted by the buying institution.
How are foreign documents translated for a Salvadoran bid?
Legal instruments go through notarial diligencias de traducción: a Salvadoran notary appoints and swears an interpreter, who translates, and the notary signs and seals each page. Supporting literature can carry a free translation unless the tender document says otherwise.
Sources
- Ley de Compras Públicas (FAOLEX)
- DINAC: RUPES user manual
- COMPRASAL
- COMPRASAL notice: the ISSS solvency
- COMPRASAL notice: the pension (AFP) solvency
- CEPA: example standard tender document (DSO) for a licitación competitiva
- Ley del Ejercicio Notarial de la Jurisdicción Voluntaria
- Ministerio de Hacienda: bulletin for new taxpayers
- HCCH: Apostille Convention status table
- CVPCPA: accountancy and audit oversight board
This guide explains the rules in plain English; it isn’t legal advice. Procurement rules change, and each tender document sets its own conditions — it always prevails.