The Law also introduces amendments to the Public Procurement and Contracting Court (“TCP”), expanding its jurisdiction to include disputes over the execution of public contracts. Additionally, it generates a new procedure and processing of legal actions before the Court and increases its personnel.
Moreover, the Law strengthens the Public Procurement and Contracting Department, including the possibility of receiving complaints and adopting measures to amend purchasing procedures such as: (i) suspension of the procedure; (ii) nullity request before the TCP; and (iii) review before the General Comptroller of the Republic. Furthermore, it may also issue general mandatory instructions, create standard contracts, and elaborate clauses of common application.
To promote and encourage probity and transparency, the Law expands the scope of application of the LCP by including public bodies not previously covered, such as Congress, the Judiciary, and ONGs in which the Presidency of the Republic participates, among others. It also expands the Mercadopublico.cl platform and the procedures of the LCP to contracts previously excluded, such as concession contracts and execution of public works. Lastly, it makes the registration in the Suppliers Registry mandatory to participate in a procurement processes, generating a behavior record for future processes, and promotes the participation of small and medium-size companies in public procurement procedures.
In connection to its entry into force, the transitory rules state that the Law will enter into force one year after its publication in the Official Gazette, except for those provisions related to probity and transparency, which will enter into force upon its publication. On the other hand, the regulations referred to in the Law must be issued within a maximum period of 180 days from the publication of the Law.
