ProCompetencia highlights progress in the fight against collusion in the new Procurement Law
The National Competition Defense Commission (ProCompetencia) positively valued that several of its technical recommendations were adopted in the new Law 47-25 on Public Procurement, aimed at preventing collusive practices and ensuring greater participation and competition in public procurement processes.
Among the incorporated observations, the integration in article 89 of the obligation to submit a sworn statement of a free-of-collusion offer stands out, in which each bidder certifies the authenticity of their proposal and their detachment from any concerted practice to manipulate the results of the process.
Likewise, the modification of article 116 which establishes the exclusion of bidders for prohibited practices, expressly including collusive bidding sanctioned by Law 42-08 on Defense of Competition. This point constitutes a significant advance in the fight against anti-competitive agreements between State suppliers.
Furthermore, the new law, as recommended by ProCompetencia, maintains free competition as one of its guiding principles, promoting the participation of the largest possible number of bidders and avoiding unnecessary obstacles that limit access to public procurement processes. By maintaining this principle, the Dominican State’s commitment to opening public markets and promoting fairer conditions for micro, small and medium-sized enterprises (MSMEs) is reinforced.
The approval and enactment of the new Law 47-25 on Public Procurement represents an institutional advance that reinforces transparency, citizen trust, and the culture of free and fair competition in the country.
ProCompetencia reiterates its firm commitment to continue working hand in hand with the General Directorate of Public Procurement and Contracting (DGCP) to ensure the effective implementation of the new law and the fight against collusion in public procurement and contracting processes, thus guaranteeing free competition and equity in access to State contracts.
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