Of the four bill that the Executive Branch has on the agenda to submit to the National Congress on February 27, the Public contracts generates special interest in the main person responsible for these processes and the proposal: Carlos Pimentel.
The official responded, in writing, to questions from Free Journal.
Why is this new law necessary?
To overcome the weaknesses, absences and limitations of the current law. But, in addition to that, the country needs a Procurement Law that strengthens the mechanisms of transparency and control, while allowing the development of provisions and instruments to guarantee the efficiency of contracting processes, while building a public policy tool that allows and contributes to development.
The bill It has novel aspects, which the current law does not include, such as the Regulatory Compliance Program, alternative conflict resolution methods, as well as a system of consequences that includes criminal sanctions and expands the incompatibility regime. That is why the preliminary draft consists of 245 articles and the current law barely has 83 articles. It is a really comprehensive reform.
—If this new law is not submitted or is submitted, but is not approved in the short term, what gaps will the system continue to have? Public contracts?
It is important that a new regulatory framework be approved to give coherence to the contracting system, to guarantee more coherent and logical provisions, and thus allow entities to acquire goods and services and contract works, in compliance with the National Development Strategy, multi-annual plans, to operational plans, and to be able to guarantee greater efficiency and control of public spending, promoting investment and generating economic dynamics in the territory, while a new law will generate another dimension for local government contracting according to its nature.
—Do you think this new law will be well received by the opposition and pass quickly in both legislative chambers?
As of today we have a bill with a broad consensus where, up to now, there are no opposing points and positions, because an attempt has been made to integrate the entire vision of the different actors. It is a piece that as a fundamental component tends to strengthen the transparency and controls, guarantee efficiency and an instrument that serves for the development of the country and increase public investment.
—What are the three vital points that this preliminary draft proposes and that you understand should be approved as they have been raised?
The contracting modalities, which include abbreviated tenders and include in our legislation the framework agreements that allow more than one entity to contract in order to have a greater volume and better prices; the strengthening of the capacities and competences of the General Directorate of Public contracts with its Regulatory Compliance Program, with its Management Monitoring Program and, therefore, with its Reactive and Preventive Alert System. And, in addition, the strengthening of the prohibition regime, the incompatibility regime and the system of consequences.
—This blueprint was put online for a while, open to comments and suggestions. Were any of those suggestions approved? If so, what were they and how did they change the original document?
Yes, after the time that the draft was online, different bilateral meetings were held with all the sectors that are linked to the contracting system: purchasing units of different institutions, businessmen, MSMEs, productive sectors, women, youth, entrepreneurs, in the that we listened to their proposals, their observations, and that allowed us to improve the project.
