Official Bulletin of the Argentine Republic – Executive Branch
Summary of the Document: Issues with Applying World Bank & IDB Disqualification Lists in Argentine Public Works Contracting
This document outlines a problem with the current regulations in Argentina regarding the disqualification of bidders in public works contracts based on lists published by the World Bank (WB) and the Inter-American Growth Bank (IDB). Hear’s a breakdown of the key issues and the rationale for proposed changes:
The Problem:
* Current Regulations: argentine regulations (specifically Decree No. 1030/16 & 1169/18) require checking WB and IDB disqualification lists to exclude bidders involved in corrupt practices. This is based on Law No. 25,319 (ratifying the OECD Convention).
* lack of Specificity: The WB and IDB lists do not specify which corrupt practice led to the disqualification. They include a wide range of prohibited behaviors (fraudulent, collusive, coercive, etc.) beyond just the “transnational bribery” covered by the OECD Convention.
* Practical Submission Difficulty: Because the lists lack detail, it’s impossible to verify if the disqualification stems from a practice covered by Argentine law (the OECD Convention). Strictly applying the regulations could lead to unfairly excluding bidders for reasons not prohibited under argentine law.
* Violation of Principles: This strict application could violate principles of legality, competition, and equality.
* SICO-CON Registration: The SICO-CON system (a registry of contractors) also includes a disqualification clause mirroring the WB/IDB list issue.
The Rationale for Change:
* Operational impediments: The current system creates practical difficulties in enforcement.
* Promoting Trade: Decree No. 70/23 aims to increase Argentina’s participation in world trade, suggesting a need for clear and consistent regulations.
* Need for effective Exclusion: The goal is to effectively exclude bidders engaged in all forms of prohibited conduct (corrupt, fraudulent, etc.), not just those specifically covered by the OECD Convention.
the Proposed Solution:
The document argues for a reformulation of the exclusion criteria in Decree No. 1030/16 and 1169/18. The aim is to ensure that offers from individuals or companies disqualified by the WB/IDB for any of the prohibited practices (corrupt, fraudulent, collusive, etc.) are rejected in public works contracting.
In essence,the document is advocating for a broader,more effective application of the disqualification rules,while acknowledging the current regulations are too narrowly focused and difficult to enforce due to the lack of detail in the WB/IDB lists.