The amendment to the General Public Procurement Law (Ley General de Contratación Pública, Law No. 9986), in effect since April 28, 2025, mandates the compulsory incorporation of advanced technologies and methodologies within public works procurement processes. This regulatory transformation addresses the need to bridge the gap between the programmatic recognition of technological innovation and its effective application in the planning, execution, and maintenance of public works.

The principle of technological currency (principio de vigencia tecnológica), contained in Article 8, Subsection g, and in the final paragraph of Article 21, requires that the object of the procurement comply with standards of quality and technological updating, in line with contemporary scientific advancements and institutional capabilities. This provision, now reinforced by the amendment, aligns with other fundamental principles such as value for money, transparency, efficiency, efficacy, and environmental sustainability.

The law incorporates a new Article 22 bis, which establishes that in public works procurement processed through major tenders (licitación mayor), the use of the most advanced technologies and methodologies available on the market must be required. These include tools such as Building Information Modeling (BIM), LEAN Construction, digital twins, augmented reality, 3D printing, and the Internet of Things (IoT), all of which are internationally recognized for their capability to optimize resources, reduce errors, improve sustainability, and increase transparency in public management.

Likewise, a new Subsection e is added to Article 128, imposing upon the Public Procurement Authority (Autoridad de Contratación Pública) the responsibility to publish an official list of recommended technologies and methodologies on an annual basis, along with their respective cost projections. To this end, it must consult expert entities such as professional associations, universities, business chambers, and other specialized organizations. This authority will also have the duty to guide contracting administrations on the proper use of said technologies.

The law contemplates three key transitory provisions (disposiciones transitorias) for its effective implementation. Transitory Provision I establishes that the first list of technologies must be published in October 2025. Transitory Provision II obligates institutions to include within their 2026 budget cycle the necessary resources to train their personnel, acquire equipment or software, and perform the required adaptations. Finally, Transitory Provision III grants an optional application period of 24 months, from April 28, 2025, until April 28, 2027. Beginning April 29, 2027, the application of the law shall be mandatory for all public works procurement.

To guarantee the success of this reform, several fundamental aspects are identified. First, the publication of the list must be technical, timely, and based on objective criteria. Second, contracting institutions must train their staff, adapt their internal procedures, and foresee the necessary resources within their budgets. Third, the list must be clearly integrated into the bidding terms (pliegos de condiciones), featuring verifiable criteria that allow companies to demonstrate the use of the required technologies.

Furthermore, it is necessary to establish monitoring and evaluation mechanisms to ensure the correct application of the list, prevent simulations, and allow for its constant update. A crucial aspect is the inclusion of small and medium-sized enterprises (SMEs/PYMES), for which strategies must be designed to facilitate their access to financing, technical assistance, and competitive participation, thereby preventing their exclusion due to initial technological limitations.

In conclusion, this reform represents a decisive step toward a more modern, efficient, and transparent public procurement system. By turning the use of advanced technologies into a legal obligation, Costa Rica strengthens its public infrastructure, promotes sustainable development, and improves the planning and execution of strategic projects for the country.

At Facio & Cañas, we have experts in public procurement matters who can collaborate in understanding the scope of this law, as well as support the development of infrastructure projects where it may be applicable.