icegov2012 proceedings

49% of the providers indicate that the new Law of Public
Procurements has facilitated their work in sales in the public
sector. However, 18% of respondents indicate they are not
familiar with said law. In the big companies, the percentage of
respondents who are not familiar with the law is 18% and in
medium-sized companies it is 31%.
The greatest transparency and increase in the level of sales to the
state appear as the two impacts most mentioned as a consequence
of the reforms to the system of public procurement (please see
Table 8).
Table 8. Impacts of the improvements to the system of public
spending
Impacts of the improvements to
the System of Public Spending
% Mentioned
Greater transparency 45%
Greater sales and public organizations in general 45%
Greater sales to municipalities 36%
Better information 34%
Agility in the process 30%
Increase in equality in the process of spending 18%
Reduction in costs 12%
In response to the question, “Do you consider ChileCompra an
effective tool to control possible irregularities in biddings
originated in the municipalities?” 58% of those surveyed indicated
that ChileCompra is not an effective tool.
51% of those surveyed indicated that there does not exist
sufficient channel to realize denunciations and/or complaints of
regulators in the process of procurement of the state. However,
31% declare that they do not know if such channels even exist.
49% of those surveyed indicate that they have witnessed
irregularities in the case of the biddings originating in the
municipalities (with participation in the last 2 years).
Of those who have witnessed irregularities in the municipalities,
only 33% have denounced them.
Of those who have denounced said irregularities, 97% carried this
out through the mechanism of complaints of ChileCompra and
16% through the Tribunal of Public Procurement (they are
complementary mechanisms).
Table 9 shows the reasons that are mentioned with respect to the
decision not to denounce for irregularities in the processes of
procurement of the municipalities.
Table 9. Reasons for not denouncing irregularities
Reason for not denouncing
irregularities
% Mentioned
Denouncements have no effect 49%
Scared of reprisal 45%
Procedure is too tedious 38%
“I don’t know how to make a denouncement” 25%
Lack of proof 21%
447
7. CONCLUSIONS AND
RECOMMENDATIONS
In the following the principal conclusions of the study in relation
with our hypotheses and the questions of the investigation are
presented:
It is observed that, in general, the objectives of the Reform to
Public Procurement have been fulfilled. In particular, with
rference to the increase in the levels of transparency and agility of
the processes of procurement, along with contributing to saving
and the efficiency of public expenses. The statements above are
evidenced by the following results:
An increase in transparency (80%) and more precise rules for
developing bid documents and awarding (40%).
67% of the surveyed buyers declare that the principal benefit of
the use of feedback agreements (ChileCompra Express) has been
the reduction in the time dedicated to spending.
67% of the buyers indicate that they obtain savings by the
lowering of prices, and 15% affirm that the savings surpass 6%. In
this same way, is it interesting to emphasize that 75% of those
surveyed affirm that the use of ChileCompra has signified an
increased use of the ICTs.
With respect to the impact in the market on the companies that
sell to the municipalities it is highlighted that 60% of those
surveyed declare having increased the use of the ICTs as a
consequence of the use of ChileCompra.
There appears to be no correlation between the increase in
transparency and the significant reduction of the levels of
corruption. The annual surveys realized by the Instituto Libertad y
Desarrollo shows that the perception of corruption has not
lessened in the last years, in spite of the results of the survey of
the providers, where half declare that they have witnessed
irregularities in biddings with municipalities.
We conclude that, the critical elements that determine the success
of a change in the practices of procurements in the municipalities
are as follow:
The reform should invoke a systemic model where all the actors
involved are coordinated (technological, normative, cultural, and
institutional).
There should exist a wide, consistent, clear, and sufficiently
specific legal framework, that gives incentive to the use of
electronic commerce, such as the mechanism of purchasing. This
framework should incorporate several institutions (Procurement
Management Agency, Tribunal of Procurement, and Registry of
Providers) and especially a governing organization that exercises
a role of leadership and regulation.
Mandatory use of the electronic systems by law.
Continuing training in the use of the ICTs as a central driving
force of the processes of change of the electronic procurement
(processes, people, technology and implementation).
Provision of a basic infrastructure of access to the Internet for the
providing enterprises and public services.
A plan of incorporation of buyers and vendors to use the system.