Transparency and equal treatment of bidders in the international urea purchase process generates savings of US$ 2.8 million for the Peruvian State, indicated the Rural Agricultural Productive Development Program (Rural Agriculture).
These assertions of the entity are given in response to a report from the Comptroller General of the Republic which identified that, in said acquisition process, there was not an adequate evaluation of the applicant companies and recommended disqualifying the winner.
According to the report, the lack of uniformity was evidenced by the purchasing team in the application of criteria regarding the evaluation of the offers presented by the bidders.
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In this sense, through a statement, Rural Agriculture stated that the purchase process was governed under “the uses and customs of international trade, as a rule of higher rank”. This International Standard has as an international term Incoterm DDP and used “when the seller covers the maximum responsibilities of the goods” Y “makes customs import payments, among other contractually agreed obligations”.
He added that in all stages of the process there was simultaneous control and permanent support from the entity’s Institutional Control Body, granting unrestricted access to all the computer tools through which the process was developed. “Public acts were attended by a notary public”, he mentioned.
financial statements
Regarding the adverse situation communicated by the Institutional Control Body, it stated that regarding the requested financial statements, these have been required in order to prove only and exclusively solvency and financial capacity.
“Seniority was never determined as a qualification requirement for the participants, neither in the directive nor in any of the consultation acquittals”, he mentioned.
He specified that if a bidder had been disqualified due to years of seniority, as suggested by the Institutional Control Body, there would have been a violation of the principle of competition, according to which “the contracting processes include provisions that allow establishing conditions of effective competition and obtaining the most advantageous proposal to satisfy the public interest that underlies the contracting”, he pointed out.
“The adoption of practices that restrict or affect competition is prohibited” (Principle of the State Procurement Law that is included in the directive approved by Agro Rural for this purchase process)”, he narrowed down.
Deadlines
Regarding the terms offered by the companies UnionSped, Ready Oil Supply LLC and Direc Agro Grupo 06, the Institutional Control Body has taken into account the initial delivery time, but not the improvement proposals with which the award is made, he explained.
“Regarding the terms, the companies UnionSped and Direc Agro Grupo 06 complied with the correction of their offers regarding the term, and in relation to the company Ready Oil Supply, it corrected the Incorterm CIF delivery to Incoterm DDP and unified delivery up to 60 days, for what the purchasing team, applying discretion in accordance with the current legal framework, declared the proposal admitted in order to generate greater competition, better conditions, prices for the benefit of the agricultural producer”, he explained.
He argued that in relation to the fact that the term offers initially presented by both companies had not been observed, the statement is rejected because they are related to the Incoterm offered in the initial part (Incoterm CIF), which was observed at the time. and corrected later by the bidders, in the offer correction stage.
Rural Agriculture ratified that the delivery term is effective from the day after the purchase order is notified, for which the accepted proposals are given in strict compliance with current regulations.
Saving
The entity pointed out that if the team in charge of contracting had adopted the decision suggested by the Institutional Control Body, that is, to “disqualify” the offers of Direct Agro and Ross Oil Supply LLC, leaving aside the uses and customs of international trade and the discretionary power for decision-making, the Peruvian State would have incurred an extra cost of US$ 2,820,241 for the purchase of 65,587 tons of urea.
“Situation that would have constituted economic damage”, he added Rural Agriculture in your statement.
