On May 16, 2020, Administrative Decision No. 812 was published in the Official Gazette of the Argentine Republic. Through this decision, the Chief of Cabinet authorized the National Procurement Office (“ONC”) to carry out calls for bids that may result in the execution of national agreements with suppliers of goods and services, with the exclusive purpose of addressing needs arising from the health emergency declared under Law No. 27,541 and expanded by Decree No. 260/20 due to the COVID-19 pandemic.
The management of these agreements will be carried out through the “Acord.Ar” platform, which is administered by the ONC. The ONC will also be responsible for issuing clarifying and supplementary regulations. The calls for bids related to these agreements will be conducted through the “Compr.Ar” platform, and participation will be open not only to invited suppliers but also to any other suppliers, even if they have not been formally invited by the authority.
Main Guidelines Established by the Regulation
The goods and services covered by these national agreements will be determined by the ONC, either on its own initiative or upon request by potential contracting jurisdictions or entities. These agreements aim to ensure the direct supply of goods and services to national public sector agencies as designated by the Chief of Cabinet, as well as to the provinces and the Autonomous City of Buenos Aires, provided they adhere to this system.
The ONC will be responsible for conducting the calls for bids, signing the agreements with the suppliers, and making them available. These agreements may then be awarded by national public sector entities, provincial authorities, or the Autonomous City of Buenos Aires, if they choose to adhere.
The existence of a call for bids carried out by the ONC to address the emergency declared by Decree No. 260/20, or of an active “COVID-19 Emergency National Agreement,” does not prevent eligible jurisdictions or contracting entities from conducting their own contractor selection processes for the acquisition of the same goods or services covered by that call or agreement.
Regarding suppliers, they will be required to provide the contracted goods and services under the terms established in the agreements, to both national and, where applicable, provincial authorities and the Autonomous City of Buenos Aires. These agreements will not include the logistics between the delivery location indicated by the supplier and the final delivery destination, which will be the responsibility of the contracting parties.
Additionally, it is important to highlight that suppliers participating in national agreements are still allowed to offer the same goods and services outside the scope of these agreements and in other public procurement processes.
Finally, it is established that suppliers entering into a national agreement with the ONC acquire only the right to offer their goods and services under such agreement. Therefore, the absence of awards or purchase orders in their favor will not generate any liability for the national public sector or any other contracting bodies, nor will it entitle the supplier to any claims, rights, or compensation.
