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Guatemala   

Guatemala   

How does the RGAE work?  

Rodolfo Salazar,  March 6, 2024

The General State Procurement Registry (RGAE) has become a very important part of the State’s procurement and contracting process in Guatemala. This system seeks to modernise and introduce efficient and transparent measures in the relationship between the State and its suppliers.

The RGAE is the result of an evolutionary process motivated by the need to improve and make state procurement more transparent. Prior to its implementation, the procurement system in Guatemala faced significant challenges in terms of efficiency and transparency, which led to the search for innovative solutions. The creation of the RGAE was a response to these challenges.

The main function of the RGAE is the registration and pre-approval of suppliers, both national and international, ensuring their participation in public procurement processes as stipulated in the Law on State Contracting. This system seeks to ensure that only suppliers that meet the required criteria and standards can be involved in government tenders and agreements.

The core responsibilities of the RGAE include operating and maintaining a digital platform. The main activities encompass the validation of supplier data, seeking to ensure the quality and security of information, and providing legal certainty in all operations. In addition, the RGAE facilitates the connection and exchange of data with other institutions and registries, in order to strengthen transparency and prevent conflicts of interest.

The RGAE seeks to bring significant benefits to both government and suppliers. For state entities, it represents an up-to-date and reliable source of accredited suppliers, optimising procurement processes in a more efficient and clearer way. This should result in a more effective use of public funds and the promotion of fair competition. On the other hand, for suppliers, registration in the RGAE means access to commercial opportunities with the government, providing a transparent and fair operational framework. Simultaneously, this system promotes a more stable and secure business environment, stimulating the inclusion of more suppliers. This can lead to an improvement in the quality and costs of goods and services that the government procures.

Registration and Pre-qualification Process

To register in the RGAE in Guatemala, suppliers must meet certain essential requirements. The first step is to present documentation proving the identity and legal capacity of the supplier, whether individual or legal, national or foreign. This includes documents such as personal identification, legal representation and tax records, among others.

The pre-qualification process focuses on assessing the supplier’s suitability to participate in state tenders and contracts. During this stage, the supplier’s previous experience, financial solvency and technical capacity are examined. This process ensures that only those suppliers that meet the criteria established by the state can participate in procurement processes.

To complete this process, suppliers must follow a series of steps detailed on the RGAE platform. These steps include the submission of specific forms, documents justifying the supplier’s experience and capacity, and any other information that the RGAE deems necessary. Once all required documents are submitted and approved, the supplier is considered registered and pre-qualified, and is eligible to participate in state tenders and contracts.

The RGAE Electronic Platform

The RGAE’s electronic platform is an advanced technological tool designed to facilitate and streamline interactions between the Guatemalan State and its suppliers. Among its most outstanding features are its intuitive interface, the capacity to carry out multiple procedures online and a data management system.

In terms of functionalities, the platform allows users to carry out a variety of procedures, such as registration and pre-qualification of suppliers, consultation of calls for tender, submission of bids and monitoring of contractual processes. In addition, suppliers can update their information, check the status of their applications and access important notifications and communications.

To use the platform, users must register and create an account, providing the information required by the RGAE. Once registered, they can access their personal control panel, from where they can manage all activities related to state procurement. This system is designed to be accessible and easy to use, even for those with limited technical knowledge.

In terms of security and transparency, the RGAE platform claims to have a robust security architecture, which protects confidential information and ensures data integrity. Security measures include data encryption, user authentication and strict protocols for handling sensitive information. In addition, transparency is enhanced by the public availability of tender and award information, which allows for effective monitoring and accountability of state entities and suppliers.

Types of Suppliers and Specialities

In Guatemala’s RGAE, suppliers are classified into various categories to reflect the variety of goods and services they can offer to the state. These categories range from suppliers of tangible goods such as office supplies and equipment, to suppliers of professional and technical services, such as consultancy and construction. The classification helps state entities to easily identify suppliers that fit their specific procurement needs.

The RGAE also maintains a speciality catalogue for suppliers to demonstrate their area of expertise. This catalogue details the various areas and sectors in which suppliers can specialise, and serves as a tool for state executing units to select the most suitable suppliers for their projects. The specialisation of suppliers in specific areas ensures that the state receives goods and services of the highest quality and relevance to its specific requirements.

The process of accreditation of suppliers’ expertise is an essential component of the RGAE. Suppliers must provide evidence to support their experience and competence in their areas of expertise. This includes, but is not limited to, references from previous work, professional certifications, and samples of previous work. Accreditation of experience not only helps suppliers stand out in the marketplace, but also gives government entities the confidence that they are contracting with entities with the skills and knowledge necessary to effectively meet their requirements. This detailed accreditation process seeks to contribute to the overall efficiency and effectiveness of the state procurement system and to ensure that only the most qualified and reliable suppliers participate in tendering and contracting processes.

Interconnectivity and Communication with Other Entities

Interconnectivity and communication with other entities are relevant for the efficient functioning of the RGAE. The ability of the RGAE to interact and share information with other government databases and systems aims to provide effective and transparent management of government procurement.

One of the main advantages of this interconnectivity is the ability of the RGAE to access and verify supplier and tender information across different platforms and government registries. This includes, for example, interaction with tax registration systems, financial institutions and other public procurement registries. By connecting these systems, the RGAE can obtain a more complete and accurate picture of the status and background of suppliers, thus improving decision-making in the tendering and contracting process.

The entities and registries with which the RGAE interconnects cover a wide range, from tax and finance departments to other supplier registration systems and government control entities. This interconnected network facilitates cross-checks, which should significantly reduce the risk of fraud, corruption and conflicts of interest in public procurement.

The benefits of this interconnectivity are several. For government entities, it provides an efficient mechanism to verify the integrity and reliability of suppliers, ensuring that only those that comply with legal and ethical requirements participate in tenders. For suppliers, the network facilitates the process of registering and participating in tenders, as it allows for a smoother exchange of information and reduces the administrative burden.

Payments and Fees

Within the framework of the RGAE, the structure of fees and tariffs applied to different services is an important aspect of the functioning of the system. These fees may vary depending on the type of service, such as the registration of suppliers, the issuance of pre-qualification certificates, or special verification and consultation services. The RGAE clearly establishes these fees, allowing suppliers to know in advance the costs associated with their participation in the government procurement system.

Suppliers must comply with the deadlines established for each type of payment, which are generally defined from the issuance of the payment slip. These deadlines ensure timely processing of applications and participation in tenders. The RGAE system provides detailed instructions on how to make payments, including the modalities accepted and the channels through which payments can be made, such as authorised banks or online payment systems. The system ensures that every financial transaction is traceable and audited, which is intended to help prevent corruption and ensure proper use of resources.

For suppliers, a thorough understanding of how the RGAE works is indispensable to be successful in public procurement. The RGAE’s digital platform, together with its supplier and speciality classification system, aims to provide an environment where fair competition and quality are valued and promoted.


Rodolfo Salazar
Lawyer and Notary Public
blplegal.com

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