On July 20, 2023, the Comptroller's Office issued Opinion No. E370752 of 2023, in which it issued a ruling on various measures to reduce the possible risks of corruption in public procurement.

In particular, it warns that different rules that apply to public procurement processes require that suppliers contracting with government agencies must demonstrate that they have behaved with integrity.

In this context, it adds that some public entities have incorporated clauses containing integrity covenants in the corresponding contracts, but it is not certain whether the content of these clauses has been communicated to and observed by the workers.

In consideration of the above, the Comptroller's Office points out that it is appropriate that, in the evaluation rules of the bidding conditions, a criterion is included referring to whether the bidding suppliers have integrity or compliance programs that are known by their workers. In the case of direct contracts, it indicates that these matters must be included in the clauses of the contract.

This legal alert was prepared by the Compliance Bofill Mir Abogados team for general informational purposes and should not be considered legal advice.

If you have any questions or comments regarding this information, please contact our team:

Andrea Abascal: aabascal@bofillmir.cl

Rocío Vergara: rvergara@bofillmir.cl