68. In view of the FTAA negotiations, the FTA with CARICOM and the Dominican Republic's intention to accede to the GPA/WTO, how does the country intend to conciliate the national treatment commitment established in those agreements with the Law No. 27-01?
69. The Dominican Republic is examining the possibility of acceding to the WTO plurilateral Agreement on Government Procurement although it is not known when this decision will be taken. In any case, the Dominican Government is structuring a transparent and efficient system of government procurement to prevent abuse of the procedures. Law 27-01 is a first step in regulating this area. In addition, all laws, regulations and procedures for the purchase of goods and contracting of services by the State are being reviewed with technical assistance from international bodies to produce a modern legislative framework consistent with international standards.
70. Paragraph 85 of Part III states that the total value of public procurement increased from 5.5billion pesos in 1995 to 10.0 billion pesos in 1999, dropping to 6.6 billion pesos a year later. This shows a rise in public sector procurement between 1995 and 1999 and a fall in 2000. Please explain the decrease of 3.4 billion pesos in government procurement from 1999 to 2000 and whether the data includes procurement at all levels of government.
71. The decline in government procurement was due to measures adopted by the Government to reduce public spending. These figures relate only to central government procurement and contracts.
72. Paragraph 86 states that preference must be given to Dominican Republic suppliers. Please explain what kind of preference is given to Dominican Republic suppliers and how this is determined. Please also indicate where this information can be found.
73. Law 295, which is the law that governs the matter, does not stipulate what type of preference is given to domestic suppliers, but in many cases the Government implements domestic procurement policies. The Dominican Government is working on the preparation of a Government Procurement Website which will publish information in procedures, preferences, prices, etc.
74. Law 295 does not apply to purchases by public enterprises. Could the Dominican Republic explain what rules apply and how procurement by these enterprises is conducted. Paragraph 86 describes the existence of a Government Supply Commission. Please provide information on the structure and responsibilities of this Commission.
75. Procurement by State enterprises is the responsibility of the Government Supply Commission, based on recommendations by the Directorate-General of Government Supply. The Supply Commission is responsible for approving systems and procedures for procurement and contracts for goods and services and monitoring proper compliance.
76. The Directorate-General of Government Supply is responsible for proposing policies and rules for the procurement of goods and services to the Commission; designing and introducing common procedures within the system; ensuring the proper application of the procedures; and finally, organizing and administering the Prices and Contracts Information System database. Lastly, the operational units in each ministry or entity carry out purchasing and contracting.
77. Paragraph 90 refers to the fact that decisions made by the contracting authorities can be appealed by suppliers. Please explain the appeal procedure.
78. Decree 262-98 provides for appeals against a decision. The appellant must appeal to the same body that made the decision. In order to be admissible and justified, the appeal must follow the rules of procedure for appeals. If the appeal is declared admissible, the contracting authority must notify that fact to the party awarded the contract within 48 hours. The party awarded the contract must respond to the appeal within three working days from notification of the admissibility of the appeal. The contracting authority must settle the dispute within 15 working days from the date of response to the appeal.
79. The decision by the contracting authority exhausts administrative recourse. However, it may be challenged in the administrative litigation system. This has the effect of suspending the decision and must be published within three working days following its notification.
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127. With respect to the regulations on government procurement from local suppliers, please give details of the type of preference given to local suppliers.
128. Government procurement accounts for only 2.3% of current GDP in pesos during 1996-2001. The drop in 2000 compared with 1999 was 1.5 billion pesos, mainly due to global allocations, gross capital formation, reductions in military spending and allocations to decentralized government agencies.
1 In English only./En anglais seulement./En inglés solamente.
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