The Competition Superintendence (CS) of El Salvador, with cooperation from the UN Conference on Trade and Development (UNCTAD), began a training program for over 100 public procurement officers to prevent anticompetitive practices in government purchases. The program teaches techniques for detecting bid rigging in public procurement processes. Bid rigging illegally manipulates bids to determine who wins a contract. The training aims to help procurement officers identify and prevent this prohibited behavior. It will discuss bid rigging, challenges in detecting it in El Salvador, and international experiences. Support from UNCTAD and the Swiss government helps provide El Salvador with competition policy tools to increase consumer welfare.
C.26-15 Telefónicas presentan recurso contra sanciones impuestas por la SC
C 26 10_eng
1. Press Release C. 26-10
th
El Salvador, September 28 , 2010.
Competition Advocacy
CS Trains Public Procurement Officers in Detecting Anticompetitive Bids
The Competition Superintendence (CS), with the cooperation of the United Nations Conference
on Trade and Development (UNCTAD), began today a training program for more than one
hundred public procurements officials in the prevention of anticompetitive practices in the
Public Administration´s purchases and acquisitions.
The CS with the collaboration of UNCTAD started today a training program on the
“In its Competition useful techniques, tools, and elements for the detection of bid rigging in public
Advocacy activities, procurement. Said program is aimed for the heads of the public procurement
the CS seeks alliances offices (PPOs) of the Public Administration.
with the PPOs to
prevent future damage Through bid rigging, participants in a public tender fraudulently manipulate the
to competition caused offers filed, in order to determine who will win the purchase or acquisition process.
This conduct is expressly prohibited by the Salvadoran Competition Law (CL).
by the fraudulent
manipulation of the The seminar/workshop “Bid Rigging amongst Bidders in Public Procurement
bids filed in public Processes” will last until September 30th and is carried on within the Program:
procurement Strengthening Institutions and Capacities in Competition and Consumer Protection
processes”, said Policies”, (COMPAL II).
Regina Vargas,
Competition Advocacy Mister Fernando Araya Jasma, International Coordinator of the Studies Division of
Intendant of the CS. the Fiscalía Nacional Económica of Chile, Mr. Carl Buick, Senior Counselor of
UNCTAD, and personnel of the CS´ Public Tenders Unit of the Investigations
Intendance will be in charge of the aforementioned training program.
During the above cited seminar, the following topics will be discussed: introduction to bid rigging; efforts and
challenges in the detection of bid rigging in El Salvador; and related international experiences. In the workshop,
the participants will be presented with practical aspects of said anticompetitive behavior, favoring the participation
of the public procurement officers, dialogue, discussion, and critical thinking.
About Bid Rigging
This type of agreements attack the competitive process in the free market, being the State the principal victim,
since their existence prevents the State from acquiring better quality goods and services at lower prices. Said
agreements are expressly forbidden by the CL:
“Art. 25.- Anticompetitive practices among competitors are prohibited, amongst others, the following,:
c) Fix or limit prices at auctions or in any other form bidding private or public, national or international, with
the exception of the joint bids submitted by economic agents that are clearly identified as such in the documents
submitted by the bidders”.
Edificio Madreselva, 1er Nivel, Calzada El Almendro y 1ª Ave. El Espino, Urb. Madreselva, Antiguo Cuscatlán, El Salvador.
E-mail: contacto@sc.gob.sv - www.sc.gob.sv
2. About the Support of UNCTAD and SECO
The UNCTAD´s technical assistance aims to provide the developing countries the necessary tools for the
development of public policies in competition and consumer protection issues, in order to contribute in an increase
of consumer welfare.
The support of UNCTAD and of the Secretary of State for Economic Affairs of the Swiss Government to the
Government of El Salvador (GOES), through the COMPAL II Program, began in 2009 and will last four years. The
contribution assigned to GOES totals US$345,938.00, which is distributed between the CS and Consumer
Protection Authority.
Thanks to the support of said international institutions and to the successful execution of this cooperation by the
CS, numerous sector studies on competition conditions, training seminars to key audiences for the authority´s
work, exchange of international interinstitutional experiences, amongst others, have complemented the CS in its
efforts to consolidate a competition culture in the country.
Background
In July 2009, the CS sanctioned four travel agencies for bid rigging in public procurement processes carried out by
the Ministry of Economy and by the Salvadoran Tourism Corporation, having agreed on the commissions to be
charged for issuing airplane tickets. The fines totaled US$21,325.50.
In November 2009, the CS launched its manual “Detecting and Preventing Bid Rigging in Public Procurement
Processes”, to guide public procurement officers on how to prevent and detect rid rigging or fraud in public
procurement processes in El Salvador.
Edificio Madreselva, 1er Nivel, Calzada El Almendro y 1ª Ave. El Espino, Urb. Madreselva, Antiguo Cuscatlán, El Salvador.
E-mail: contacto@sc.gob.sv - www.sc.gob.sv