Warning issued on deadline violations and suppliers’ rights in public procurement

Santo Domingo.- Stephany Rosario, a Purchasing and Contracting specialist, has sounded the alarm about the repeated violation of deadlines and suppliers’ rights by the General Directorate of Purchasing and Contracting in the Dominican Republic.

Rosario emphasized that ensuring suppliers’ rights is a fundamental pillar in public procurement, but this principle is consistently disregarded due to institutional negligence, particularly when it comes to resolving claims and challenges. He pointed out that Law 340-06, Article 67, outlines a clear procedure for handling claims and challenges, but this framework is often ignored in practice.

The specialist highlighted that the problem lies in the use of administrative silence by contracting institutions or the issuance of late and arbitrary responses. This forces suppliers to file hierarchical appeals with the General Directorate of Public Procurement and Contracting, which can lead to a prolonged and ineffective process.

Rosario noted that the law sets a maximum period of 15 calendar days for the General Directorate to respond to hierarchical appeals. However, in reality, these deadlines are often extended, sometimes taking up to a year. This delay not only infringes on suppliers’ rights but also creates an environment conducive to institutional impunity.

The consequences of this lack of accountability are far-reaching and severe. Suppliers are denied their right to a prompt and fair resolution of their claims, which can have devastating economic repercussions. Moreover, this lack of diligence fuels a climate of mistrust and discontent among suppliers, while also contributing to undermining the credibility of the system and fostering corruption.

Rosario urged the competent authorities to take immediate action to ensure compliance with established deadlines and implement effective measures to guarantee transparency and accountability in the process of resolving claims and challenges. This includes publishing periodic reports detailing the status of appeals filed and response deadlines met by institutions involved.

Ultimately, ensuring suppliers’ rights in public procurement is not an option but a legal and ethical imperative. The irresponsible handling of deadlines by the General Directorate of Public Procurement and Contracting is unacceptable and must be addressed with the seriousness and urgency it deserves.