Since it transpired that the State had purchased food products at values excessively higher even than those suggested by the Government itself, throughout the month of April the Executive Power has ordered a series of modifications in the purchasing mechanisms with the aim of increase control over hiring that are carried out in an emergency in the context of the pandemic. In addition to displace fifteen Social Development officials, establishment maximum prices and criteria for ineligibility against assumptions of competition simulation.
This Thursday, through the Official bulletin, the National Procurement Office It established a series of modifications in the selection procedures: “When the certification is substantiated through the Electronic Procurement System called COMPR.AR, it must be processed as direct emergency contracting. They will be numbered automatically by the referenced electronic system, and must be entered as the object thereof: COMPULSA – COVID-19 Nº XXX PURPOSE ”. In cases where COMPR.AR is not used, “the procedures will be numbered sequentially and within each Contracting Operational Unit, starting with number one and should be called Emergency Contracting COVID-19 No. XXX / YEAR”.
Article 2 of the Provision 55/2020 published today, stated that at least three suppliers must be invited, among those who are enrolled in the Supplier Information System (SIPRO) associated with the Electronic Procurement System of the National Administration.
“In those cases in which it is not possible to extend invitations exclusively to registered suppliers, either due to the absence of suppliers incorporated in the specific heading or for other reasons, the contracting jurisdiction or entity, such situation must be accredited in the respective file and, in Such case, invitations may be issued to other interested parties that are not included in the aforementioned system, considering the email boxes used for the stated purposes to be valid, until the interested parties make the corresponding registration ”, it was clarified.
From the Government they stressed that The measure seeks the participation of the largest possible number of bidders, so that the competent authority to decide has as many alternative options as possible, to choose with the best chance of success the one that best satisfies the public interest committed, in the terms set forth in the call.
To comply with the advertising requirement of the call, emails will be sent automatically to all providers incorporated into the system according to their category, class or object of contracting.
Anyway “Those who have not been invited to participate may present offers; notwithstanding which, in all cases the bidders must be incorporated in the aforementioned registry, in this inscribed and with the data updated prior to the issuance of the act of conclusion of the procedure, as a condition to be awarded ”.
The accreditation of the non-existence of the minimum number of suppliers to be invited must be carried out by means of a graphic report from the SIPRO screenshot or by means of the declaration made by the head of the Contracting Operational Unit. “It may be awarded even when a single offer has been submitted”, he remarked.
For his part, The invitations must contain at least the following information:
– Technical specifications, quoting the catalog code, as long as it exists.
– Delivery times, and partial deliveries can be foreseen.
– Partial and total amounts.
– Place and method of delivery.
– Place, day and time of presentation of the offer, for which purpose the Contracting Operating Unit may enable non-working hours and days.
– Institutional email address where the offers will be received.
– Selection criteria for the offers.
– Determine whether or not to present an offer maintenance guarantee.
– Establish that a guarantee of contract compliance must be provided.
– Determine the percentage, form, or terms to integrate the corresponding guarantees.
– Indicate that amounts higher than the Maximum Prices established by the Resolution of the Ministry of Internal Trade or those that may become available in the future will not be paid.
– Indicate if the offers are going to be evaluated considering the breaches of previous contracts. In your case, determine precisely the amount and type of breaches that will lead to the rejection of an offer.
In the case of a procedure carried out through COMPR.AR, the deadline for submission of bids will be determined by the jurisdiction or entity that contracts using the electronic form provided by the system, and fulfilling all the requirements of the invitations, accompanying the documentation that integrates it into electronic support.
“In order to guarantee its validity, the electronically uploaded offer must be confirmed by the offeror, who may only do so through a user authorized to do so.”
It is worth mentioning that these modifications also arise after the advance of the pandemic and its social impact, previously different State agencies were empowered to make direct contracts for goods and services that are necessary to attend to the health and economic emergency. As a result, “all the areas committed to providing comprehensive responses, in the face of this exceptional situation, were empowered to use tools that provide speed and efficiency in attending to the needs that arise, without diminishing the transparency that must prevail throughout the act public ”, was justified in the considering.