3. Procurement Procedures
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3. Procurement Procedures Start Comparison
a. What procurement procedures can be followed?

There are different kind of procurement procedures applicable for the procurement of goods, services and works depending on the amount of the contract, as summarized in the following table:

GENERAL RULES FOR PROCUREMENT OF WORKS, GOOD AND SERVICES (IN PEN)
TYPES OF BIDDING PROCESSES WORKS GOODS SERVICES
General Services General and Works consultant
Public tender = > 1'800,000.00 = > 400,000.00 -- --
Public contest -- -- = > a 400,000.00
Simplified award < 1'800,000.00 < 400,000.00 < de 400,000.00
 Selection of Individual Consultants -- -- < 40 0000,00
Price comparison        
Electronic Reverse Auction        
b. What status do electronic means/procedures have?

Electronic means are used in public procurement. The Electronic Government Procurement System (SEACE) is the e-system used to exchange information and disseminate government procurement, as well as to carry out e-transactions. In this system are all the documents related to the procedure, addendums, awards, conciliation, etc.

Also, there is a specific electronic procedure, which is the electronic reverse auction, this procedure is used for procurement of common goods and services, which have technical specifications and are included in the List of Common Goods and Services. Finally, there are special contracting methods, which permit entities to contract to provide goods and services in the "E-Catalogues" outside of the typical selection process.

c. Where are contract notices, i.e. calls for bid, published?

In the Electronic Government Procurement System (SEACE) all documents related to the procedure, the calls for tender, the integrated bases, the contract, the addendums, awards, and other important information related to a public procurement are registered. This is the website: http://portal.osce.gob.pe/osce/node/14336

c. Can certain prospective bidders be excluded from the competition?

The following are not allowed to act as bidders, contractors and/or subcontractors:

  • During the entire public procurement process, up to twelve (12) months after leaving their office, the President and Vice President of the Republic, Members of the Congress of the Republic, Members of the Supreme Court of the Republic, and Heads and Members of an accredited body related to Constitutional Independent Agencies.
  • Governors, Deputy Governors and Councilors of Regional Governments, in their regions, during their term and up to twelve (12) months after leaving their office.
  • Ministers and Deputy Ministers of State, within their sector, during their term and up to twelve (12) months after leaving their office.
  • Judges of the Superior Courts of Justice, Mayors and Councilors, within their jurisdiction, during their term and up to twelve (12) months after leaving their office.
  • While in office, officials of Executive institutions or public bodies, civil servants, managers and employees that work exclusively for state-owned enterprises, and according to the rules of the entity to which they belong, up to twelve (12) months after leaving their office. In the case of directors of public companies, the restriction applies, to the companies which they work for, up to twelve (12) months after leaving their office.
  • Those who by their office or work have influence, over decision-making power, or privileged information about the contracting process or conflicts of interests, up to twelve (12) months after leaving their office.
  • In the corresponding procurement process, individuals or legal entities who are directly involved in determining the technical characteristics, reference values, developing the terms of reference, selection and evaluation of bids in a selection process and in authorizing payments of contracts, except in the case of supervision contracts.
  • The scope and time established also apply to the spouse, partner or relatives to the second degree of consanguinity or affinity.
  • The legal entities in which those have or have had a stake higher than thirty percent (30%) of capital stock or equity, within twelve (12) months prior to the call of the respective selection process.
  • Within the scope and time established for the persons mentioned in the LCE, non-profit legal entities in which those participate or have participated as partners or members of their boards, within twelve (12) months prior to the call of the respective selection process.
  • The legal entities whose members of governing bodies, attorneys in fact or legal representatives are such persons. This restriction also includes individuals whose attorneys in fact or representatives are the persons mentioned.
  • Individuals or legal entities administratively sanctioned with temporary or permanent disqualification in the exercise of their rights to participate in selection processes and to contract with Entities, in accordance with the provisions of this Law and its regulations.
  • Persons condemned, in the country or abroad, for using public office for private gain, embezzlement, corruption, illicit enrichment, influence peddling, crimes committed in auctions or selection procedures, or equivalent crimes if they have been committed in other countries. This impediment is also extended to persons who, directly or through their representatives, have admitted and /or recognized the commission of any of the crimes described above in front of a competent national or foreign authority.
  • Legal entities whose legal representatives or related persons have (i) been convicted, in the country or abroad, for using public office for private gain, embezzlement, corruption of officials, illicit enrichment, influence peddling, crimes committed in auctions or selection procedures, or equivalent offenses if they have been committed in other countries; or (ii) directly or through their representatives, have admitted and /or recognized the commission of any of the crimes described above in front of any competent national or foreign authority. In the case of a consortium, the restriction is extended to their legal representatives or persons linked to any of the consortium members.
  • Persons or legal entities through which, by reason of their representatives, constitute or participate in their shareholding or any other verifiable circumstance, it is determined that they are a continuation, derivation, succession, or figurehead, of another person, or otherwise exercise the effective control, independently of the legal form used to avoid this restriction, such as merger, spin-off, reorganization, transformation or similar.
  • In the same selection procedure, natural or juridical persons who belongs to the same economic entity.
  • Persons registered in the Compensation Debtors Registry (REDERECI for its acronym in Spanish), either on their own behalf or through a legal entity of which they are shareholders, excepting for listed companies, as well as the Registry of sanctioned lawyers for professional malpractice, in the Registry of officials and servers who were sanctioned with dismissal by the time established by the corresponding Law and in all the registries created by Law which restrict contracting with the State.

Finally, the breach to fulfill with the provisions of the LCE generates the consequences and responsibilities established in the LCE.