6. Publicity for Inviting Tenders

6.1 Publicity of the procurement

Are intended procurements publicized? Are invitations to tender published? If so, where, how soon before bid opening, and in what languages?

Publication of intended procurement

ARGENTINA

There is no obligation to publicize planned procurement. Only calls for tender and direct contracting are published.

BAHAMAS

The procurement method used depends on: (i) the value of the procurement; (ii) the type of goods or services required; (iii) whether or not the supplier is single source (e.g. specialized spare parts). All tenders should be in sealed envelopes.

Expected procurements are advertised at least twice in the newspapers and also published in the Government?s Official Gazette.

BELIZE

Intended procurements are published, at least, twice in the newspapers.

BOLIVIA

Once the agency?s budget is approved, the administrative unit must publish the procurement plan in national newspapers, without indicating the estimated costs or amounts. The publication of this information does not imply a commitment to contract and may be modified, suspended or canceled with the agency?s prior justification by publishing such modifications in the newspapers.

BRAZIL

The publication of purchase intention is not obligatory.

CANADA

Canada does not publicize procurement which is planned, and which does not constitute an actual invitation or call to submit bids.

CHILE

Public notices of expected procurement are not mandatory.

COLOMBIA

Prior to publishing call for tenders and the initiation of the process, the government entities should submit to the Chambers of Commerce of their jurisdiction the general information of each tendering that they wish to open. On the basis of this information, the Chamber of Commerce publishes a monthly bulletin which serves as a means of disseminating the information that future participants can use as a reference. The corresponding Chamber of Commerce should receive said information within the first five working days of each month. The bulletin [boletin único] is published within the first twenty calendar days of each month. The preceding information does not include the final conditions and specific requirements that appear in the bidding documents.

COSTA RICA

Those public entities regulated by the Law on Administrative Contracts must publish their expected procurements. These lists must be published the first month of every budget period, without any obligation to contract on the part of the government. Modifications to this procurement list should also be published in compliance with the public notice clause of said law (see Article 7). Institutional bidding programs and modifications to these programs should be published within the following three working days of its presentation to the Printing Offices.

ECUADOR

Planned procurement is not published, only calls for bids are published.

EL SALVADOR

Yes, intended procurement is published. Yes, call for tenders are published. They are published in newspapers of major circulation with anticipation of 15 days and in Spanish.

GUATEMALA

No notices are published.

JAMAICA

The publication of intended procurement is sometimes done, although not mandatory.

MEXICO

According to Article 32 of the Law, calls for tenders, called convocatorias, are published in a special section of the Official Gazette of the Federation which appears every Tuesday and Thursday (publication of national dissemination), and in a newspaper of the federate entity (State) in which the good will be used, the service provided or the work executed. Publication in a newspaper of national circulation is done when the procurement required comprises three or more federate entities; this national publication would substitute the publication in the newspaper of the federate entities.

The anticipation to carry out such publication is determined in order to comply with the time limits indicated in the in the response for question 4 d), and is published in Spanish.

NICARAGUA

If public notice of expected procurement is understood as the publication of information on procurements to be carried out during the year, then Nicaragua does not have this requirement.

PANAMA

There is no obligation to publish a notice of intended procurements.

PARAGUAY

It is not possible to determine whether or not there is public notice of expected procurements.

PERU

It is not possible to determine whether or not there is public notice of expected procurements.

TRINIDAD AND TOBAGO

There is no obligation to publicize notice of intended or planned procurement.

UNITED STATES

Two statutes require public notice in the CBD: 15 USC 637 (c) and 41 USC 416. These statutes are implemented in 48 CFR 15.201, "Synopsis of Proposed Contract Actions." There are 12 exceptions to the synopsis-publishing requirement. These are listed in 48 CFR 1 subpart 5.202. In addition, at the discretion of the Federal government entity, invitations to tender can be publicized through periodic handouts, announcements in newspapers, trade journals, magazines, or other mass communication media. The Federal Government is increasingly looking to the use of electronic means of publication, which promises to greatly increase commercial access to information on procurement opportunities. The Federal Acquisition Streamlining Act (FASA) of 1994 specifically requires the establishment of a government-wide electronic system. Additionally, individual agencies, such as NASA, provided their solicitations over the Internet.

URUGUAY

Expected procurements are not advertised nor are there laws with such requirements.

VENEZUELA

The opening of the general and the selective tendering procedures will be published in the most important newspapers of the country and in a regional one.

The time limit for the reception and opening of the bids will be determined case by case, taking into account the complexity of the of the work or procurement, but it will not be fewer than five (5) business days. They are published in the Spanish language.

 

Publication of invitations to tender

ARGENTINA

Under Argentine law publication of invitations to tender is mandatory. Notices for public, private and direct tenders are published in the Official Bulletin. When the existence of interested foreign suppliers is presumed, publication in the pertinent countries may be authorized. The time limits for publication vary according to the procedure:

Open procedures: anticipation of at least 12 days and published for 8 consecutive working days. The indicated time limits are reduced to 4 and 2 days, respectively, when the value does not surpass the $5.000.000 threshold.

Limited tendering: anticipation of at least 3 days and published for 2 consecutive working days

Direct tendering: after the signature of the contract for 1 day.

No specific provision is made with respect to the language of the notices, but in some cases they can be published overseas.

For public works the publication of the notices shall be done in the Official Bulletin, without prejudice of publishing them through other private means or any other means, in the country or overseas.

The time limits vary according to the value of the procurement and are the following:

  1. Up to $110.000 the notices are published for 5 days with an anticipation of 5 days.
  2. From $110.000 up to $260.000 notices are published for 10 day with an anticipation of 15 days.
  3. More than $260.000 for 15 days with an anticipation of 20 days.

There is no specific provision for concessions of public works. However, for "integral projects" the notice for presentation of projects is done for 5 days in two major newspapers and the Official Bulletin.

BAHAMAS

For the central government, invitations to tender are published in the local newspaper and the Government?s Official Gazette at least one month prior to the opening of the bids.

All invitations are published in the English Language.

For the corporations, procurements are not always publicized. Procurements for publication are dependent upon the requirements of the funding agency, if any. When tenders are not publicized, a formal letter is sent to a short list of suppliers for an invitation to submit a bid for goods, services or public works. Corporations normally use newspapers or recognized technical journals of wide international circulation. English is the only language used for both domestic and foreign publication.

BELIZE

Open tendering is the usual procedure followed and a response is expected within 1-2 months after publication of invitations to tender. Invitations to tender are produced in English for both domestic and international bidding. Bids may be submitted in more than one language but one must be in English.

BOLIVIA

Each entitiy?s administrative unit must publish, once a year, the annual plan for contracting; it should be done in newspapers of national dissemination, and it should not include costs or estimated amounts. Its publication does not commit the entity to contract, and it could be modified, suspended or void, provided that the entity publishes these occurrences.

This publication is done once the Nation?s General Budget is approved, around the month of March. The annual plan for contracting is not published at the international level.

The invitation for bids is published and sent to the possible supplier with deadlines for each case, which are of 20 working days in the case of direct invitation, 30 working days in the case of public tender, and 50 days in the case of direct invitation or international bidding. When contracting as an exception or for minor procurement, there is no publication required. For international bidding, aside from the above-mentioned 50 working days, the publication must be done in mass communication media and specialized magazines of international nature. The language is not determined.

BRAZIL

Notices are published in the federal and/or State official bulletins, according to the source of the funds. Notices shall be published: with an anticipation of 45 days for concurso and for concorrência when the contract contemplates the integral project regime or when the tender is carried out through "best technical offer" or "technique and price" modalities; an anticipation of 30 days for concorrência in the cases not mentioned above and tomada de preços when the tender is carried out through the "best technical offer" or "technical and price" modalities; an anticipation of 15 days for tomada de preços for the cases not mentioned above; 5 days for convite. Notices are published in Portuguese.

CANADA

Most procurement opportunities, that are publicly advertised, are posted on the federal government electronic tendering system. Procurement opportunities that are covered by NAFTA or the WTO-AGP are also published in the Government Business Opportunities (GBO).

CHILE

The notices for open and limited procedures tendering and are published in the Official Gazette of the Republic (official government publication), which has daily circulation and three news papers of national circulation. Frequently, some specialized publications such as Licitasur (a weekly publication of regional circulation) are used.

COLOMBIA

Public entities shall publish call for tenders in major circulation newspapers. They shall publish up to three notices in intervals of between 2 and 5 calendar days, according to the nature, object and value of the contract. Notices shall be published with an anticipation of between 10 and 20 calendar days before the opening of the offers. The Spanish language is used.

COSTA RICA

In the case of a public tender, the call for bids has to be published in the Official Newspaper. Publications can also be made in national or foreign newspapers, or through diplomatic or commercial representations credited in the country.

In the case of tender by registration, it is not always mandatory to publish the call for bids in the Official Newspaper; only when the number of registered bidders is less than five. Invitations to tender can be published in national or foreign newspapers, or through diplomatic or commercial representations credited in the country.

In the case of restricted tender it is not mandatory to publish the invitation to tender in the Official Newspaper. Invitations to tender can be published in the national or foreign newspapers.

The advertisements of calls for bids are published in Spanish, which the official language. The anticipation with which they have to be published depends on the procedure followed. As stated in question 5.4, there are minimum terms that have to be complied with in each case.

ECUADOR

a. Public Contracting Law

b. Law of Consulting Services

All publications are carried out in the Spanish language.

EL SALVADOR

There are no thresholds for submitting offers for procurement of goods and services in cases for centralized and decentralized government institutions. Also, the bid should establish place, date, and time to submit the offer; however, some autonomous institutions within its guidelines and regulations provide that for those cases of public bidding, the offer should be submitted within the first 15 to 45 working days, in the case of private bidding, the timeframe is reduced from 8 to 15 working days.

GUATEMALA

The invitations for open tendering procedures are published in two opportunities in the Official Gazette and within 10 days in another newspaper of major circulation. The law does not differentiate these days to be calendar or working days; however, the Law of the Judicial branch and its reforms shall not take into account weekends and holidays when regulating these timeframes. The publication is done in Spanish.

JAMAICA

Invitations to tender are published in the English language locally, regionally and internationally, via daily newspapers, relevant business publications, etc.

MEXICO

According to Article 32 of the Law, calls for tenders, called convocatorias, are published in a special section of the Official Gazette of the Federation which appears every Tuesday and Thursday (publication of national dissemination) and in a newspaper of the federate entity (State) in which the good will be used, the service provided or the work executed. Publication in a newspaper of national circulation is done when the procurement required comprises three or more federate entities; this national publication would substitute the publication in the newspaper of the federate entities.

The anticipation to carry out such publication is determined in order to comply with the time limits indicated in the in the response for question 4 d), and is published in Spanish.

NICARAGUA

Notices are published in major newspapers of the country with anticipation of at least 29 calendar days and only in Spanish.

PANAMA

Public sector purchases are published in at least in two newspapers of national circulation, in three different editions. The notice informs where to acquire the bidding documents as well as the time, place and date of the opening of bids. Publication is done according to the value:

Solicitud de precios [price quotation]:

Licitatión pública [public tender]:

Concurso [competition]:

PARAGUAY

Calls for open procedures shall be announced with an anticipation of at least 15 days (they may be to up to 60 days) before the opening of offers, indicating the information related to the bid, such as: the place and authority where the interested tenderer may acquire the bidding documents, the authority or persons which will hold the bid opening ceremony, and the place, time and date where such opening will take place.

For the so called Concurso de precios [price competition], the Public Works Law establishes that call for tenders shall be published with an anticipation of 8 days and for 3 consecutive days in a newspaper of the capital, indicating the procuring entity, address and other relevant information.

PERU

Procurement of goods and services

Calls for bids or public competition so-called aviso de convocatoria are published in Spanish in the Official Newspaper and in a newspaper of major circulation during two consecutive days, following these deadlines:

Public works construction (contracting)

All tenders are published in Spanish for two consecutive times (mandatory) in the Official Newspaper, and, at the same time, in one of the local newspapers of major circulation, and by means of radio communications.

In case of absence of local newspapers (where the works are to be carried out), the solicitation should be published in one of the newspapers of major circulation in the capital of the department that corresponds to such place.

Solicitations for public tender will observe the following time frames between the date of publication and the tender process:

  1. tender with financing and/or international tender: 45 calendar days;
  2. tender of works requiring materials and articles to be imported: 30 calendar days; and
  3. tender requiring materials off-the-shelf in the local market: 15 calendar days.

The documents of the invitation will only be obtained by the bidders up to eight calendar days prior to the date set for offer submittal.

TRINIDAD AND TOBAGO

Yes, under the law, procurement by open tendering must be published. Notices are published in English, in at least two major newspapers and the Trinidad and Tobago Gazette, with an anticipation of 14 days minimum. With European Union loans, they are published in some European languages in Europe, but in English in local papers for 30 to 45 days and more. Occasionally, trade journals are used.

UNITED STATES

Notices are published in the Business Commerce Daily at least 15 days before issuance of the solicitation, and the solicitation must allow at least 30 days response time. In addition, at the discretion of the Federal government entity, invitations to tender can be published through periodic handouts, announcements in newspapers, trade journals, magazines, and other mass communication media. The Federal Government is increasingly looking to the use of electronic means. No mention is made as to the languages used in the notices.

URUGUAY

Calls for tender and auctions are published once in two newspapers of national circulation, without prejudice of other means of communication deemed convenient to assure the publicity of such acts. Open tendering procedures may be published overseas, through diplomatic representations or notice to foreign diplomatic representations in the country, if deemed necessary to stimulate the presentation of foreign offerers. Publication shall be carried-out not less than 15 days before the opening of offers or not less than 30 days when the presentation of foreign offerers is deemed necessary or convenient. There is no provision with respect to the language of publication. However, when published in Uruguay, Spanish is the language used and when published overseas the language of the particular country or countries will be used.

VENEZUELA

In the cases provided by the Tendering Procedures Law, they are published in a major circulation newspaper and another one of the locality where the procurement is to be carried out. They are published in the Spanish language.

6.2 Extent and form of publicity

Do the extent and form of publicity differ according to tendering procedures applied and/or on the value of procurement? Describe.

ARGENTINA

Goods and services: Notices for public, selective and private calls for bidding are published in the Official Bulletin and in the procuring agency?s bulletin board. In cases where this is not possible, and this is duly proven by the National Director of the Official Register, and not including the case of public biding, publication in the official bulletin could be replaced by publication in two major newspapers in the Federal Capital (Article 62 of the Law on Accounting, modified by Decrees 826/88 and 2,293/93).

When it is assumed that there could be foreigners interested in submitting bids, notices may be published in pertinent countries (Article 62 of the Law on Accounting).

The period of publication varies according to the bidding process:

Public bidding: Notices are published for 8 days, 12 days prior to the opening of bidding, unless the amount of the contract does not exceed $5,000,000, in which case the notice is published for 2 and 4 days, respectively, prior to the opening of bids (Article 3, subsection (a) of Decree 826/88).

Selective bidding: Notices are published for 2 days, 3 days prior to the opening of bidding (Article 3, subsection (b) of Decree 826/88).

Direct procurement: After the contract is signed, for a period of 1-day (Article 3, subsection © of Decree 826/88)

In every case, working days and minimum periods apply.

Public works: In Article 10 of Law 13,064, stipulates the publication of notices for public calls for bidding in the Official Bulletin without being required to use national or international private media of any form. The publication periods, updated by Resolution 814/96 of the Ministry of Economy and Public Works and Services, are set according to the value of the contract:

Public works concessions: There are no specific requirements in Law 17,520 except for a reference to the modification of Article 4 of Law 23,696 which defines bidding procedures for integrated projects. In this case, project proposals are solicited through announcements in the Official Bulletin and in two major national newspapers for 5 days. Said announcements should provide a summary of the initiative, set the date, time and place for submitting proposals and the day, time and place for the opening of bidding. The period between the last publication of the announcement and the date of the presentation of bids should be a minimum of 30 continuous days and a maximum of 90 continuous days, except for duly reviewed exceptions in which case the maximum period could be extended.

In all the rules cited above, there are no provisions regarding the language in which the notices are to be published, but the publication of notices abroad is considered, as was already pointed out.

BAHAMAS

The scope and form of public notice differs according to whether the funds are of national or foreign origin. Procurement utilizing local financing need only be announced in local newspapers and the Official Gazette. When the procurement utilizes foreign financing, the publication of the notices is determined by the rules and regulations of said agencies. Generally, the requisite of publication is satisfied by a notice in the United Nations publication Development Business, which is published every month.

BELIZE

The scope and form of publication differ according to the value and nature of the goods and services to be acquired. When international financing is utilized, the rules and regulations of the international agencies are followed.

BOLIVIA

There is no difference in the scope and mode of publication between public bidding and direct bidding. For differences in the value of the procurement, please refer to the answer of question 5.3.

BRAZIL

Yes. Articles 20 and 21 of Law 8,666 establish the following with regard to this matter:

Article 20 - Calls for bidding will be carried out in the region where the contract will be executed, unless there is a duly justifiable reason in the public interest not to do so.

Final paragraph. The stipulations of this article will not preclude the participation of interested parties residing or with headquarters in another region.

Article 21 - Public notices containing the summary of the announcements of concorrências and tomada de preços, concursos and leilões even when carried out in the locality of the interested region, should be published in anticipation, during three consecutive days, obligatorily and contemporaneously in:

  1. The Official Federal Government Bulletin, when it is a call for bidding involving an agency or entity of the federal public administration, and when it involves works financed partially or completely with federal resources or guaranteed by federal institutions.
  2. In the Official State (or Federal District) Government Bulletin, when it involves a call for bidding carried out by agencies of the State or Municipal Public Administration or of the Federal District, respectively.
  3. In a major newspaper of the state, and, in a newspaper of the municipality or the region where the work will be executed, the service rendered, or the good provided, sold or rented. The government may also use other means of dissemination to expand the are of competition according to the size of the contract.

First paragraph - The public notice should indicate the place where interested parties may go to read an obtain bidding documents and other information related to the bidding.

Second paragraph - The minimum period for receiving bids or for the bidding to take place will be:

a. 45 days for:

    1. the bidding period (concurso)
    2. concorrência, when the contract involves an integrated contracting system or when the call for bidding is best technical offer or best technical offer and price.

b. 30 days for:

    1. concorrência, in cases not specified in line b of the prior section;
    2. tomadas de preços, when the call for bidding is best technical offer or best technical offer and price.

c. 15 days for the tomada de preços, for the cases not specified in line "b" of the above section, or leilão.

d. 5 working days for the convite.

Third paragraph. The time limits established in the previous paragraph will be counted as from the last publication of the summary of the call for tenders or when the invitation was made, or form the effective availability of the notice or invitation and its respective annexes. The information released at the later date will be the prevailing the information.

CANADA

Notices are posted when the bid document is issued, and, remain posted until the bid closing date specified in the notice, unless the bid solicitation is cancelled by the procuring entity. Notices are published in Canada's two official languages, French and English.

Printing services estimated at C$10,000 (US$7,203) or above, most goods and services estimated at C$25,000 (US$18,006) or above, and communications services worth C$50,000 (US$36,013) or above are normally advertised on the electronic tendering system and in the Government Business Opportunities (GBO); as are requirements estimated at C$60,000 (US$43,215) or above for realty, construction, architectural and engineering consulting, leasing and maintenance services.

Lists of registered suppliers, contractors or consultants may be used to solicit competitive proposals for any requirement. Where the requirement(s) fall above the above thresholds, the existence of the list and conditions for participation are normally advertised on the electronic tendering system and in the GBO.

CHILE

The publication of calls for bid differ in their anticipation dependent upon the type of purchase and the procedures used (described in 5.1):

Goods and services:

Public and selective bidding: minimum 7 to 30 calendar days

Direct bidding: minimum 3 to 10 calendar days

Public Works:

First category: 60 consecutive days

Second category: 45 consecutive days

Third category: 20 consecutive days

Minor works: 15 consecutive days

COLOMBIA

The law does not differentiate between the forms of public notice depending on bidding procedures and/or the value of the contract. Except for legal procedures, each agency reserves the right to choose the size, placement and other characteristics of the public notices it publishes, according to the nature, objective and amount of the contract.

For minor contracts and other direct acquisitions, public notice is made in accordance with Decree 855 (1994), through a public invitation to present proposals, which consists of a notice posted in a public place at the respective entity for a period of two consecutive days, or by public invitation through national or regional newspapers of wide circulation.

COSTA RICA

Yes, they vary. In Costa Rica, the determination of the corresponding procurement procedure depends, as it can be seen in question 5.3, on:

a. Each entity?s annual budget;

b. The estimated procurement amount, in accordance with established rules;

c. The object of the procurement, in some cases.

Depending on the procedure to be followed, it will be mandatory or not to publish the call for bids in the Official Newspaper (see question 6.1) and there shall be a minimum term to submit the bids (see question 5.4).

ECUADOR

a. Public Contracting Law:

b. Law of Consulting Services:

EL SALVADOR

Because only open tendering is publicized, there is no difference in the scope or form of publicity in accordance with the tendering procedure nor is the value of the public sector purchase related. The other purchasing procedures do not require publications, instead the institution directly informs companies about the offer or they deal directly with the supplier that they choose.

GUATEMALA

The Law does not make a difference in relation to the scope and form of publicity in bidding procedures nor in the value.

JAMAICA

The extent and form of publicity differ according to the value of the procurement, and also the requirements of any loan agreements involved. Where international funding is used, guidelines of the international agencies concerned are followed.

MEXICO

In accordance with what was mentioned in point 6.1, only invitations for open tendering procedures are published. Restricted tendering procedures do not require publication.

The publications for tendering procedures financed totally or partially with foreign loans are carried out according to the guidelines of the lending institution.

NICARAGUA

If the call for bidding involves only government funds, public notice is provided only nationally. If it is an international call for bidding, public notice is provided through the official communication channels of financial institutions and in the national press. All calls for bidding are published irrespective of the amounts of the contracts.

PANAMA

At least two national newspapers, in three different editions, according to the following amounts:

Calls for price bidding:

Public calls for bidding:

Calls for bidding:

PARAGUAY

There are differences between the scope of public notices and the manner in which they are published. In public calls for bidding, the periods are longer ranging from a minimum of 15 days and a maximum of 60 days.

PERU

Procurement of goods and services

Public calls for bidding are published in the same manner in both the government?s official bulletin and a major newspaper.

Only in direct acquisition (invitation to a minimum of three bidders), up to the maximum limit established by law, there is no public notice.

Construction (contracting) of public works

Public calls for bidding are open to all types of bidders, be them nationals, foreigners or associations. At the same time, state agencies are obligated to carry out public works contracts through public bidding procedures, and awarding to the lowest bidder.

Price bidding procedures require invitations to be sent to at least three contractors.

TRINIDAD AND TOBAGO

Yes, invitations for open tendering are published and time frames vary from the mandatory 14 days to up to 60 days in some instances.

Selective tenders are not published. These are invited by letter.

With international loans, "development business" is used to publish notices and time frames are those in the loan agreements:

UNITED STATES

Publishing requirements are less rigorous for procurements falling below the small acquisition threshold of $100,000.

URUGUAY

Articles 48 and 50 contain relevant stipulations. Article 48 establishes that for abbreviated calls for bid, a minimum of six firms for bids must be sent invitations to participate, and ensuring that they receive the invitation at least three days prior to the opening of bids without this affecting the publicity deemed convenient. The period could be reduced to 48 hours prior to the opening for the same circumstances considered in the prior article and all bids received from firms not invited must be accepted. For contracts higher than a set amount, which is adjusted periodically, information should be sent to publications specializing in procurement with no cost to the agency.

Article 50 outlines procedures for the procurement or leasing of real estate by the government, and establishes that publication in two national newspapers is sufficient and which could be substituted by any other appropriate means of publication.

There are no requirements with respect to language, and from that point of view it can be said that procurement carried out within the country is published in Spanish, while governmental agencies acting in another country publish their conditions when necessary in the language of that country.

VENEZUELA

No. The Law and Regulations on Calls for Bidding establish similar requirements for procedures for general and selective calls for bidding.

6.3 Minimum standard set of information

Is there a minimum or standard set of information that is required to be published? If so, please specify.

ARGENTINA

For the contracting of goods and services, the Government Accounting and Contracting Law (Article 62 regulated by Decree 5,720/72 and modified by Decree 826/88, Article7) establishes that notices shall bear the name of the contracting entity, type of contract, number of contract, object of the contract, place where the bidding documents may be obtained or consulted, value of the bidding documents, place where the offers shall be submitted and place, date and time of opening ceremony.

For public works, Law Number 13,064 establishes in its Article 11 that the invitation to tender shall describe the work that is being procured, the place of execution, the procuring entity, the place where the bidding documents may be obtained or consulted, the conditions for participation, the name of the official which the proposal have to be addressed to or submitted, the date, time and place where the opening will take place and the amount of the guarantee which the proponent will have to present in order to participate.

For the Concession of Public Works there is no mention in the Law in this respect. Therefore, the conditions provided in the Accounting Law apply, with the exception of what is provided in Law 23,696 for the integral projects bids, as described in point 6.2.

BAHAMAS

Central government

  1. Procurement entity
  2. Data, time and place for tenders to be returned
  3. Conditions of participation.
  4. Description of goods, services to be executed.
  5. Place where specifications/tenders documents can be collected.
  6. Delivery date/time for delivery of goods and services and also for execution of the contract.

The Corporations require: Name, address and telephone number of procuring agency, description and scope of works, nature, design and extent of goods, services or public works to be procured, location of project and where work is to be performed, list of comprehensive evaluation requirements for submitting companies, date, hour and address for bid submission and any application fee to cover shipping and handling costs and delivery date.

BELIZE

The standard set of information required to be published in the invitation to tender includes:

  1. description of goods or services/works to be executed;
  2. date, time and place for tenders to be returned;
  3. time required for delivery of goods/services, estimated time for completion of works;
  4. conditions of participation;
  5. procuring entity;
  6. time of awards.

BOLIVIA

Name of the entity; object of the call for tenders, code and number of the call; specification on whether it is the first or the second call and in the case of the second call, the date of the first call; place and date where the tender documentation may be obtained; place and time limits for the presentation and opening of offers; and place, date and number of the publication.

BRAZIL

Notices shall contain information on the object and essential characteristics of the respective tenders, among others the following: name of the procuring entity; type of procurement; number of tender; object of the procurement; place where a complete set of tendering documents may be obtained; value of the procurement; and place of presentation of offers; place, day and time of the opening of offers; conditions of participation; factor of evaluation; and guarantees of the offers.

CANADA

Procurement notices include sufficient information to allow a potential bidder to make an informed decision on whether to order the bid solicitation document. Notices for procurement that are subject to NAFTA or the WTO-GPA must also include information set out in the respective agreement(s). This would include information such as the bid closing time, description of the nature and quantity of the goods or services being procured, and the name and address of the contracting authority.

CHILE

Public entities stipulate in their internal regulations that the publication of call for tenders shall have the following information: procuring entity; number of the proposal; good or service requested; time limits to submit offers; value of the documents (in case there is a charge); place and time where the documents can be acquired; time and place where questions may be responded.

COSTA RICA

In public bidding or open tendering procedures the minimum requisite is that the invitation to participate is published. This invitation may have a set of minimum information or shall at least indicate the place where this information is available. That minimum standard of information shall be contained in a document called "Cartel", which is nothing else than the bidding documents, and may be published at the option of the entity. The "Cartel" shall indicate: the type, number and description of the object of the tender; cost and payment terms to acquire the tender documentation; name of the entity; address, time and date for the presentation of offers; number of copies to be included with the original offer; percentage of the guarantees; description and nature of the goods or services to be acquired; indication of any future purchase option and if possible the moment at which those options can be exercised; system of valuation and comparison of offer; and terms of payment among others. The bid notice shall establish the way to revise prices and determine adjustments, as well as reference to the regulations in relation to their application.

COLOMBIA

Notices shall contain information on the object and essential characteristics of the respective tender such as: name of the procuring entity; type of procurement; number of tender; object of the procurement; place where the tendering documents can be obtained; value of the procurement; and place of presentation of offers; place, day and time of the opening of offers; conditions of participation; factor of evaluation; and guarantees of the offers.

ECUADOR

a. Public Contracting Law:

The notices should contain the object of the procurement, payment terms, place where the tender documents can be obtained, place, date and time for reception of offers and the date and time of the opening of offers.

b. Law of Consulting Services:

In all cases the minimum information which the notices should contain is: name of the entity which makes the invitation and the object of the invitation; name of the study to be carried out, its geographic location, and a description which indicates its level and scope; source of financing; place, date and time where the tender documents can be obtained; time limits and conditions for the reception of offers.

c. PETROECUADOR

In this company, depending on whether the bids are public or private (i.e. open or limited), the notices are published through the press. These notices contain basically the same information indicated for the case of the processes that carried out in accordance with the Public Contracting Law, or invitations are sent to qualified suppliers.

EL SALVADOR

Yes, the notice is included all the important elements to be taken into account in order to participate.

GUATEMALA

Article 8 of the Regulation of the Law, establishes that the notices will have at minimum a brief description of what is being procured, place where the bidding documents may be obtained, conditions for its delivery, place, date and time for the reception and opening of offers. Such notices may contain other essential information as described in Articles 19 and 22 of the Law. The size of each notice will not in any case be smaller than six inches and two columns.

JAMAICA

The standard set of information required to be published includes:

  1. a description of the goods (samples included), services or public works to be executed;
  2. the name of the procuring entity;
  3. date, time and place for obtaining tender documents and for them to be returned;
  4. time required for delivery of goods, services or the estimated time for completion of the works;
  5. source of funding;
  6. the conditions for participation; and
  7. contract award notices.

MEXICO

According to Article 33 of the Law, there is a minimum of information required in the notices for the invitation of tenders, which may refer to one or more goods, services or works. Generally, the minimum information required is as follows:

  1. Name of the procuring entity;
  2. indication of the place, date and time in which interested suppliers may obtain the bidding documents and their cost if there is a charge;
  3. date, time and place of the submission and opening ceremony;
  4. indication of whether the tendering procedure is national or international; or if it is subject to coverage under international agreements and the languages in which the offers may be submitted;

In addition, for the purchase, lease, rent and services the requisites are:

  1. The general description, quantity and measurement units of goods and services;
  2. place, time limits of delivery and conditions of payment; and
  3. in the case of a lease, whether it is with or without an option to buy.

For public works, the minimum information required is as follows:

  1. General description of the work and the place where these will take place and, if applicable, whether a portion of the works may be subcontracted;
  2. estimated date of initiation and completion of the works;
  3. experience or technical and financial capability required, according to the characteristics of the works, and other general requisites, which the interested supplier may have to comply with.
  4. information on the advance payments as a percentage of the works;
  5. the general criteria which will determine the award of the contract.

NICARAGUA

Number of tender and name of the project; description of the project, object of the tender and origin of the funds that will finance the procurement; description of the material, equipment etc.; date and place where the tender documentation can be obtained; place, date and time where the proposals will be awarded; and the method of evaluation of the proposals.

PANAMA

The law indicates that notices should contain the name of the entity where the bidding documents, models or plans or other objects necessary for the due comprehension of the conditions may be acquired, as well as the place, time and date of the opening ceremony.

PARAGUAY

When the procuring entity proceeds to publish the invitation to participate for public tender or price competition, the entity generally has a standard model for publication which contains data such as: a) the name of the procuring entity; b) the type of procurement and corresponding number; c) the object of the invitation; d) place where questions may be answered; e) value of the bidding documents; f) place of presentation of envelopes containing the offers; g) place, time and date of the opening of the offers.

PERU

Procuring entity and number of the tender; characteristics of the goods and services; date of delivery or place where it will be executed; date, place and time where the tender documents can be obtained; estimated value of the procurement; value and payment terms of the documents; place date and time for the reception of offers.

TRINIDAD AND TOBAGO

Description, contact person, place to obtain tender documents, terms and conditions of participation, procuring entity, tender opening date and time.

UNITED STATES

Includes but not limited to: contracting office address, subject, proposed solicitation number, opening and closing response date, contact point/contracting officer, and description of goods and services.

URUGUAY

The minimum requisites are: 1) entity and authority making the call for tender; 2) object of the call and summary of the specifications which facilitates interpretation for possible offerers; 3) budget or estimated base price in cases where proposals shall be done on such a base; 4) office, place, date and time to acquire the bidding documents and other specifications, as well as, where the bidders can formulate their inquiries; 5) office, place, date and time in which the offers will be opened.

VENEZUELA

The publication shall state the object of the tender; its general conditions; the preliminary documentation required; the minimum technical, management and financial conditions; place, date and time where the intentions to participate will be received as well the preliminary documentation required to that effect.

 

6.4 Advertising through electronic means

Are electronic means used to advertise procurement opportunities? What is the nature of systems that are in place? Are different tendering provisions applied to contracts advertised in this manner? If so, please describe.

ARGENTINA

There are no institutional requirements whereby electronic media must be used to announce public sector procurement opportunities.

BAHAMAS

Procurements are advertised by means of the local media.

BELIZE

No.

BOLIVIA

Electronic media for announcing public sector procurement is not regulated by Bolivian legislation and furthermore contracting agencies do not employ them.

BRAZIL

Law 8,666 does not disclose procurement opportunities for public sector through electronic media. However, as described in 7.1, a system, via Internet, for the dissemination of procurement opportunities of federal entities located in Brasilia has been put in service. The system is being expanded progressively in order to cover every single area of Brazil, with the addition of a new element of transparency to the bidding process.

CANADA

The Canadian government maintains a user-friendly electronic tendering system for advertising procurement contracts, which is available on the Internet. The system is designed to give suppliers fast, effective and equal access to government contracts of C$25,000 (US$18,006) or more. A number of Canadian provinces and other sub-central governments also advertise on the federal system. This system is available on-line every day, 24 hours per day. Three types of procurement notices are published on the system: advance contract award notices; contract award notices; and notices of proposed procurement. In addition, the Government Business Opportunities (GBO) publication, published by PWGSC two times per week, provides a listing of procurement opportunities subject to Canada's obligations under the WTO-AGP and the NAFTA.

CHILE

Some public services have an electronic information system (E.D.I.) for announcing procurement opportunities. In general, the information and requirements for calls for bidding carried out through these channels do not differ from those for other media.

COLOMBIA

The law does not specify the use of electronic media for announcing procurement and contracts planned by public entities.

COSTA RICA

No regulations exist that expressly deal with such a possibility. However, in the case of the presentation of bids as well as regulations for public works concessions and administrative contracting the possibility of using electronic media exists (see 45.7 of the Law of Administrative Contracting, which even defines them). It can even be deduced from reading those regulations that the thesis of communication in a determined direction is maintained, where it appears more to allude to a physical place. What is clear is that the sending and receipt of invitations should be shown in the files.

Even so, once public notice requirements are met, the administration may also utilize some electronic media to announce public calls for bidding.

In the case of invitations to suppliers and when there is a reliable registry of suppliers maintained by electronic media, its use for sending the corresponding invitations, receiving offers, clarifications or other official communications is authorized.

ECUADOR

The utilization of electronic media to announce public sector procurement opportunities is not specified.

EL SALVADOR

The internal laws and the pertinent regulations and guidelines, only suggest the announcing opportunities whether through publications in newspapers with high circulation, by sending direct invitations to the suppliers that are found on the list of suppliers that each institution composes, or the institutions? price quotes, given directly to the suppliers (Which can vary between two and five depending on the amount and the institution that comes up with the quote). There are no other types of tendering apart from the above mentioned methods.

GUATEMALA

No electronic media are used.

JAMAICA

The electronic media is not yet employed as a means of advertising government procurement opportunities in Jamaica.

MEXICO

In compliance with Articles 36 and 45 of the current law, bids shall be submitted in writing in sealed envelopes. Today?s Mexican system does not allow the use of electronic media for presentation of bids. Nevertheless, Mexico has a new system called Compranet, an electronic means through which potential suppliers may inquire information on tenders.

NICARAGUA

No electronic media are used.

PANAMA

The legislation makes no specification regarding the use of electronic media to announce public sector procurement opportunities. Nonetheless, Article 28 indicates the possibility of using electronic media to transmit information related to the procedures for bidding, as long as the reception and content of the message can be guaranteed. Nonetheless, notifications may not be carried out through this means.

PARAGUAY

Announcements through electronic media are not used in the country.

PERU

Not used in Peru.

TRINIDAD AND TOBAGO

Electronic means are not usually used to advertise requests for bids. The law allows for use of radio and television. Procurement opportunities are not advertised.

UNITED STATES

Tender notices are posted on an electronic bulletin board in addition to being published as noted in the CBD. Some agencies, such as NASA, have Home Pages on the Internet and include tender notices at these websites. For example, the NASA Home Page has now been linked to the APEC Home Page.

In October 1993, President Clinton sent a memorandum to all Federal agencies directing them to streamline procurement through "electronic commerce". The central component of electronic commerce is EDI, computer-to-computer exchange of business data.

The use of EDI allows organizations to generate, receive and process data with minimum human intervention. EDI networks will be able to automatically update inventories, invoice customers, pay suppliers, advertise federal government requirements and many other tasks that are now time, labor, and paper intensive. It is estimated that the new electronic purchasing could cut federal procurement costs by 10 percent by 1997 and speed delivery times by a third.

In order to implement EDI, FASA calls for the establishment of a government-wide Federal Acquisition Network (FACNET) within five years. This network will open up the acquisition process to any business with a personal computer. Agencies have been given an incentive to implement the new system quickly because they may not use the new simplified acquisition procedures for contracts greater than $50,000 until they have developed "interim FACNET capability." This means that, at a minimum, they must be able to provide widespread public notice of solicitations and receive responses to those solicitations and related requests for information.

After December 31, 1999, agencies may not use the simplified acquisition procedures for contracts greater than $50,000 until they have implemented a "full FACNET capability." This means that an agency must be able to conduct 75% or more of its acquisitions above $2,500 and below $100,000 through EDI. Once there is full government-wide use of electronic commerce, the requirement to publish contract notices in the CBD will be waived for all contracts below $250,000 that are conducted using electronic commerce.

URUGUAY

Electronic media are not used to announce public sector procurement.

VENEZUELA

Electronic media are not used.

 

6.5 Charges for obtaining tender documents

Are there any charges for obtaining the full set of tender documents or other publications or databases listing procurement opportunities? If so, please specify and describe how these charges are set.

ARGENTINA

The viewing of bidding documents is free. The withdrawal of the documents for the preparation of bids requires the prepayment of the established value of the documents and specifications. This amount will be determined by the contracting agency at a value of between 0,5? and 5? of the estimated cost of the contract (Article 61, subsection 45.1 of Decree 5,720/72).

BAHAMAS

Charges for obtaining tender documents are generally waived. However, for major contracts a minimal cost is sometimes requested in order to cover advertisement, courierage, communications and preparation. These costs also ensure that the majority of inquiries are from potential participants.

BELIZE

In general, documents can be acquired free of charge. Documents with detailed specifications cost $100. These specifications could be, for example, for the construction of a building, which requires the preparation of highly complex technical specifications. In all cases, charges are aimed at covering the cost of the documents.

BOLIVIA

Prospective suppliers must pay for the bidding documents.

The contracting entity will establish a "reasonable value" for the documents and the date for the initiation of sales for each bidding.

BRAZIL

Consultation documents is free of charge. Charges for obtaining complete bidding documents are determined by the contracting agency.

CANADA

Document costs range from roughly C$5 to C$55 (US$3.60 to US$39.61), depending on the size and method of delivery. Most documents ordered are at the low end of the price range. Subscribers have several choices of delivery method, such as, electronic, facsimile, courier and mail.

CHILE

There may be a charge for bidding documents if so required in the call for bidding.

COLOMBIA

In order to participate in calls for bid, it is necessary to make a security payment. The value of this payment is determined by the contracting entity, based on a percentage of the estimated cost of the call for bidding, usually varying between 0.1 per 1000 and 0.5 per 1000.

COSTA RICA

The government may charge for the printing or reproduction of bidding documents and determines the price, which is normally included in the public notice. It is also necessary to indicate that the entities and agencies of the public sector must report their contractual activity to the General Controller of the Republic, and this is public information available to all, as is the registries of suppliers.

ECUADOR

Bidding documents are distributed upon payment of a registration fee set by the respective committee and which is only aimed at recuperating the costs of the bidding materials, publications or communications required under the call for bidding.

Participation in calls for bidding is free in the case of private bids and in the case of public calls for bidding there may be a registration fee.

EL SALVADOR

In some cases, the procurement of the base tender, whether in open or limited tendering, implies a cost. The institution that completes the related purchasing procedure may or may not be able to sell the base; however, this situation is particular to the institution and the type of purchase they are looking to make, as with the amount; therefore the sale will depend on the institution and not on the respective base tenders.

GUATEMALA

The law establishes that the bidding documents be distributed upon payment of a fee equivalent to the cost of reproducing materials, announcements. The payment may be made in cash or with materials and is set by the administrative authority of the contracting entity. It may not exceed 0.05% of the estimated amount of the contract.

JAMAICA

There are charges for obtaining tender documents. These charges are based on the cost of producing the document, that is, labor, material and technical expertise.

MEXICO

Bidding documents generally have a cost, which is set so as to recuperate the costs of the public notice and the documents to be distributed.

NICARAGUA

Yes, and the price is established taking into account the cost of producing the bidding documents.

PANAMA

Legislation does not establish a mandatory payment for obtaining bidding documents. In general, there is a payment which may be reimbursable, as long as the documents are returned in good condition.

PARAGUAY

Documents may be looked at free of charge, but if the party intends to submit a bid, a fee established by the contracting agency must be paid. A deposit is made in a special account at the Banco Central de Paraguay [Central Bank of Paraguay], and the deposit slip is presented to the contracting agency for receipt of documents.

PERU

The cost of bidding documents and technical specifications for the procurement of goods and services, containing complete its information, is calculated as a function of the cost to the contracting agency. The price should not be more than 0.2% of the amount set by law according to the respective bidding process. For public works construction, the cost of documentation is determined according to the amount of the contract.

TRINIDAD AND TOBAGO

There are no charges for obtaining documents at this time. We are taking steps to address this issue.

UNITED STATES

Solicitations are provided free of charge to anyone who is interested in making an offer. A subscription to the CBD or account on an electronic bulletin board, however, is not free.

URUGUAY

There is not always a cost for bidding documents. In other words, there is no extraordinary cost to the bidder, but when there is, the amount should be specified in the bidding documents and in the public notice.

VENEZUELA

In general, there is no cost for the bidding documents in the bidding process, but it is not so in the case of concessions.