Region: Latin America and Caribbean
Reference: Bases integradas de la Licitación Pública No. 001-2012-MML/IMPL para la Concesión del Servicio Público de transporte de Pasajeros en los Corredores Complementarios 1, 4, y 5 del Sistema Integrado de Transporte de Lima. (in Spanish)
These are the Terms of Reference of the public bidding process for the concession of the service provision of the Public Transportation Integrated System (SIT, by its acronym in Spanish) of Lima on 5 complementary corridors.
According to the TOR, the SIT is ruled by certain guidelines among which is the priority inclusion of current operators. The list of current operators includes: authorized enterprises; vehicle owners, drivers and collectors.
This principle manifests itself in two ways: 1) by imposing the ownership of a minimum number of vehicles for the prequalification phase of the process (Clause 5.9.2); and 2) by offering a higher score to those bidders that were already operating on the routes which are part of the concession (Clause 5.9.3).
This second measure for existing operators already operating on the concession routes was criticized by the Defense Commission of Free Competition (Comision de Defensa de la Libre Competencia) through the National Institute for the Defense of Competition and Intellectual Property Protection (Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual – INDECOPI ). The critics and recommendations were issued by a document called Abogacía de la competencia de la Licitación Pública 001-2012-MML-IMPL in July 2015.
INDECOPI indicated that such requirements could only be complied with by specific actors in the market: the previous operators. This situation cause that the number of competitors –potential bidders- were dramatically reduced from a vast array of companies to a limited amount of enterprises already known for the procuring entity. After positioning its arguments against the evident favorability to previous operators and explaining how that practice was contrary to the free competence of the market, INDECOPI gives a series of recommendations exclusively directed to avoid including restrictions to new possible bidders by favoring previous operators already established in the market.
Abogacía de la competencia de la Licitación Pública 001-2012-MML-IMPL_ES_2015
Updated: March 28, 2021