On July 20 of 2023, the Office of the Comptroller General of the Republic issued Resolution N° E370752N23, indicating measures to be adopted by the State Administration Bodies to reduce possible corruption risks in public procurement.
Among other measures, it indicates that the bidding conditions should contain an evaluation criterion referring to whether bidders have integrity programs known by their personnel. In addition, with regard to direct contracting, it states that this matter must be mentioned in some of the contractual clauses.
According to the content of the integrity pacts that are included in some bidding processes, the programmes should instruct staff on corruption, anti-competitive behaviour, and respect for fundamental rights, among other matters.
As a consequence of the above, it is of great relevance for companies participating in state tenders to have integrity and compliance programmes that are known by their workers, as it could directly affect the score they obtain when evaluated and, consequently, their chances of being selected.
Contact us for more information at gcuevas@cuevasabogados.cl, fgonzalez@cuevasabogados.cl, jolbrich@cuevasabogados.cl
