Getting The Deal Through logo
Getting The Deal Through

    Expand All / Collapse All

  • 1.

    What is the relevant legislation regulating the award of public contracts?

  • 2.

    Is there any sector-specific procurement legislation supplementing the general regime?

  • 3.

    In which respect does the relevant legislation supplement the EU procurement directives or the GPA?

  • 4.

    Are there proposals to change the legislation?

  • 5.

    Which, or what kinds of, entities have been ruled not to constitute contracting authorities?

  • 6.

    Are contracts under a certain value excluded from the scope of procurement law? What are these threshold values?

  • 7.

    Does the legislation permit the amendment of a concluded contract without a new procurement procedure?

  • 8.

    Has there been any case law clarifying the application of the legislation in relation to amendments to concluded contracts?

  • 9.

    In which circumstances do privatisations require a procurement procedure?

  • 10.

    In which circumstances does the setting up of a public-private partnership (PPP) require a procurement procedure?

  • 11.

    In which publications must regulated procurement contracts be advertised?

  • 12.

    Are there limitations on the ability of contracting authorities to set criteria or other conditions to assess whether an interested party is qualified to participate in a tender procedure?

  • 13.

    Is it possible to limit the number of bidders that can participate in a tender procedure?

  • 14.

    How can a bidder that would have to be excluded from a tender procedure because of past irregularities regain the status of a suitable and reliable bidder? Is the concept of ‘self-cleaning’ an established and recognised way of regaining suitability and reliability?

  • 15.

    Does the relevant legislation specifically state or restate the fundamental principles for tender procedures: equal treatment, transparency and competition?

  • 16.

    Does the relevant legislation or the case law require the contracting authority to be independent and impartial?

  • 17.

    How are conflicts of interest dealt with?

  • 18.

    How is the involvement of a bidder in the preparation of a tender procedure dealt with?

  • 19.

    What is the prevailing type of procurement procedure used by contracting authorities?

  • 20.

    Can related bidders submit separate bids in one procurement procedure?

  • 21.

    Is the use of procedures involving negotiations with bidders subject to any special conditions?

  • 22.

    If the legislation provides for more than one procedure that permits negotiations with bidders, which one is used more regularly in practice and why?

  • 23.

    What are the requirements for the conclusion of a framework agreement?

  • 24.

    May a framework agreement with several suppliers be concluded?

  • 25.

    Under which conditions may the members of a bidding consortium be changed in the course of a procurement procedure?

  • 26.

    Are there specific mechanisms to further the participation of small and medium-sized enterprises in the procurement procedure? Are there any rules on the division of a contract into lots? Are there rules or is there case law limiting the number of lots single bidders can be awarded?

  • 27.

    What are the requirements for the admissibility of variant bids?

  • 28.

    Must a contracting authority take variant bids into account?

  • 29.

    What are the consequences if bidders change the tender specifications or submit their own standard terms of business?

  • 30.

    What are the award criteria provided for in the relevant legislation?

  • 31.

    What constitutes an ‘abnormally low’ bid?

  • 32.

    What is the required process for dealing with abnormally low bids?

  • 33.

    Which authorities may rule on review applications? Is it possible to appeal against review decisions and, if so, how?

  • 34.

    If more than one authority may rule on a review application, do these authorities have the power to grant different remedies?

  • 35.

    How long do administrative or judicial proceedings for the review of procurement decisions generally take?

  • 36.

    What are the admissibility requirements?

  • 37.

    What are the time limits in which applications for review of a procurement decision must be made?

  • 38.

    Does an application for review have an automatic suspensive effect blocking the continuation of the procurement procedure or the conclusion of the contract?

  • 39.

    Approximately what percentage of applications for the lifting of an automatic suspension are successful in a typical year?

  • 40.

    Must unsuccessful bidders be notified before the contract with the successful bidder is concluded and, if so, when?

  • 41.

    Is access to the procurement file granted to an applicant?

  • 42.

    Is it customary for disadvantaged bidders to file review applications?

  • 43.

    If a violation of procurement law is established in review proceedings, can disadvantaged bidders claim damages?

  • 44.

    May a concluded contract be cancelled or terminated following a review application of an unsuccessful bidder if the procurement procedure that led to its conclusion violated procurement law?

  • 45.

    Is legal protection available to parties interested in the contract in case of an award without any procurement procedure?

  • 46.

    What are the typical costs of making an application for the review of a procurement decision?

  • Updates and trends

DLA Piper BAZ|NLD is a full commercial business law firm with more than 40 lawyers, aimed to render legal services of excellence in almost every area of the Law needed to assist its clients in their legal needs.

View more information about BAZ | DLA Piper


Santiago
Isidora Goyenechea 3120, 17th floor
7550083 Las Condes
Santiago
Chile
T: +56 2 798 2600
F: +56 2 798 2650


Testimonials

Briefing Signup

Sent approximately once a month, the free GTDT Briefing service alerts you of the latest titles to be published on GTDT Online.

Sign up to be notified of new content

Subscribe



Follow Getting the Deal Through for the latest updates on law and regulation worldwide

Follow us on LinkedIn