Abusive extension in ChileCompra agreement for development of … – Ciper

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                          Posted by Hans Poo Posted: 24 03 2015
                                                         

In 2011, ChileCompra did the bidding of a framework for software development and maintenance agreement. The idea of ​​a framework convention is to simplify the hiring process these services, given how complex the current procurement system ChileCompra. The selected companies are listed on a “catalog”, where utilities choose to hire.

The bidding in this case were particularly draconian and allowed postulate only 61 companies and ultimately awarded only 51. My company made the effort to apply and despite my previous experience in Public Procurement, the complexity of these rules required a lot of time, we had not at that minute. Ton print PDF and leave it there.

Among its provisions, the agreement created a playpen for 36 months only these companies could provide the service in the framework agreement. Reasoning about the deadline so extensive, we see no issue and we think it is also undemocratic. We believe that framework agreements should be tendered annually or allow continuous entry of new participants. A concern is not seen by encouraging SMEs as suppliers of the State, as the system is complex and a newly created company must wait at least three years to come.

Our company provided services to some government departments, we lost customers to remain outside the new framework agreement. We place our hopes in waiting three years and enroll in February 2014, the date of expiration of the agreement. Great was our surprise to see that they had used an extension mechanism, which was curiously at the bases, so that the agreement continue for another year. Someone does not stick and simply were dozens, if not hundreds of companies out for another year.

Resigned as good Chilean, and unclaimed this time decided to wait the year, with sign up now March 2015. But we are again seeing that, in an extraordinary situation is further extended for the second time this agreement until December 18, 2015. That is because you have to think in 2016.

A detail absurd is that the document cited as an argument for extending the compliance that give the companies currently usufruct of this agreement: “That none of foreclosed providers currently operating in the electronic catalog of the agreement referred frame, expressed his desire not accept Ia extension with all applicable conditions currently published in the electronic catalog, meaning extended the CONVENTlON framework on all grantees Catalogue “(see document).

This seems like a joke, it is obvious that these companies agree that the agreement continues for much longer. Only during 2014, transactions linked to this framework agreement reached US $ 37 million. In the end, the extension injured are small businesses like mine.

If ChileCompra decided to make a disclaimer for this claim, I have no doubt that it will be called within the legal framework. The problem is that this framework closes the door to SMEs as mine, instead of opening them.