4. Bidder Selection
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4. Bidder Selection Start Comparison
a. Are there any rules on the selection criteria?

The selection criteria considered in order to evaluate the bids are the price and other qualitative elements as established in the tender rules, such as the time to deliver the good or service, the characteristics of the goods or service, and the guarantees offered. In regards to the procurement of works and the mixed mode (services and works), the selection criteria are the same, the price and other qualitative elements as established in the tender rules. In the event that two (2) or more bids tie, drawing lots determines which party wins.

Finally, in the case of the procurement of a supervisory or consulting services, the procuring entity must evaluate not only the price, but must also consider the following topics: the methodology proposed, the experience and qualification of the personnel proposed, as well as the equipment or infrastructure offered.

b. Is prequalification an option? If so, what are the requirements? What is the procedure?

The LCE does not regulate prequalification as an option. The Entity qualifies suppliers/providers according to technical, economic criteria, among other standards, as established in the regulations for the selection process. To this effect, the selection process documentation shall clearly state the requirements which are to be met by suppliers/providers in order to prove their qualifications.

d. Do “blacklists” for bidders exist? If so, what are the conditions for unlisting?

There is not a specific "blacklist", but the public procurement framework establishes two sanctions, which can function as a "blacklist" for bidders. The LCE regulates: temporary disqualification and permanent disqualification, individuals who are sanctioned with one of these two sanction can be said to be on a "blacklist" of bidders, and they are restricted to contracting with the State.

e. Does the involvement of a company in the set-up of a procurement procedure exclude the company from said procedure due to conflict of interest?

Yes, when a company is involved in the set-up of a procurement procedure (drafting the bidding rules, technical characteristics, setting the price, reviewing and evaluating bids ) the company is excluded from said procedure.

f. Can bidders combine to submit a bid (bidder consortia)? What limitations apply?

Yes, the LCE permits suppliers/providers to form consortiums in order to submit a bid jointly. It should be noted that all members of a consortium are jointly liable in front of the entity regardless of their respective ownership share. Therefore, in terms of potential consequences all members are jointly responsible.

g. Can members of a bidder consortium be changed during a procurement procedure?

The members of a bidder consortium nor their ownership shares can be changed during a procurement procedure.

h. Do limitations apply for participation of related bidders in the same procurement procedure with competitive bids?

The LCE establishes that no individual who belongs to an economic entity or is related to someone who is can be a party, bidder, contractor or/and subcontractor in a selection procedure with that same entity.