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DGCP emite resolución que formaliza monitoreo preventivo aleatorio

DGCP emite resolución que formaliza monitoreo preventivo aleatorio

La iniciativa busca identificar de manera temprana y oportuna posibles inobservancias en los procesos de contrataciones gestionados en el Portal Transaccional

La Dirección General de Contrataciones Públicas (DGCP) emitió una resolución que formaliza el monitoreo preventivo aleatorio a las bases de los procedimientos de contratación que realizan las instituciones del sector público, sujetas a las regulaciones previstas en la Ley 340-06, de Compras y Contrataciones.

Mediante la Resolución Núm. PNP-03-2021, la DGCP busca identificar, de manera temprana y oportuna, posibles inobservancias a los procesos de contratación gestionados a través del Sistema Electrónico de Compras y Contrataciones Públicas, que pudieran afectar el interés general y los derechos de los interesados en participar. 

A través de un comunicado de prensa, la institución resaltó que entre los criterios tomados en cuenta para realizar un monitoreo, figuran aquellos procedimientos que envuelven mayores montos de contratación, como la licitación pública, sorteos de obras y comparaciones de precios; aquellos procesos donde se evidencie un fraccionamiento no permitido y los que hayan sido objeto de alertas en los medios de comunicación.

En ese sentido, los técnicos de la institución verificarán la legalidad del contenido de las bases de contratación (pliegos de condiciones y términos de referencia), a los fines de garantizar plazos, criterios de evaluación y adjudicación objetivos y que reduzcan a la mínima expresión la discrecionalidad administrativa al momento de determinar la oferta ganadora.

La intervención del órgano rector abarca desde la publicación de la convocatoria del procedimiento, hasta el día anterior al plazo máximo para la emisión de enmiendas.

La DGCP informó que una vez se haya informado a las instituciones los aspectos que deben ser modificados o corregidos, para ser ajustados a la normativa vigente, el órgano rector tiene la facultad de suspender de oficio un procedimiento de contratación pública, hasta tanto la institución realice las enmiendas sugeridas o cancele el procedimiento mediante acto administrativo.

Otro de los efectos del monitoreo aleatorio preventivo es iniciar una investigación y suspender de oficio un procedimiento, conforme a las disposiciones del artículo 71 de la Ley Núm. 340-06 y sus modificaciones, a los fines de emitir la resolución con los resultados correspondientes.

En su artículo 8, dicha resolución destaca que la intervención de la Dirección General de Contrataciones Públicas a través del monitoreo preventivo aleatorio, no implica la aquiescencia, legitimación o validez de las bases de los procedimientos de contratación monitoreados, por lo que esto no los exime de ser objeto de reclamación o denuncia y de recibirse, será conocida por el órgano rector.

127 thoughts on “DGCP emite resolución que formaliza monitoreo preventivo aleatorio”

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