Competence and Reform to Dominican Republic Procurement Law

Abstract

The writer starts claiming that Dominican Laws on public procurement deserve revision considering that best practice in the field has gone through major evolution, on top of going through a constitutional reform in the country in 2010, which means major challenges toward a State reform. In this piece of work the writer points at the major points to be considered for a reform of the Dominican legal system regarding State procurement, which faces challenges and adapts to best internationally acknowledged practice. The subject warrantees itself because public procurement is clearly economically powerful, so, there is permanent risk that market agents get coordinated and fall into anticompetitive activities, known within Dominican Legal System as collusive bidding.

The writer points out that there is margin for improvement, which deserves a legal reform in the field. She has chosen two great pillars toward reform, on the one hand, improvement in transparency in proceedings of public hiring, by information technology. On the other hand, competence improvement. She finds it vital to soak the rules of freedom of competence in public procurement. She thus develops in this piece of work, the competence policy tools which according to her -when legally framed as public procurement- will significantly improve the atmosphere of effective competence within the process of public procurement.