Essay On The Importance Of Negotiation

Essay on the importance of negotiation

Taking the art as a starting point. 41 of the Organic Law of the National Public Procurement System, which stipulates that the contracting procedures will include the following stages: qualification, selection, negotiation and award. The quality qualification of the consulting proposals will be carried out on the basis of the provisions of the respective specifications, and requirements, procedures and criteria must be taken into account. Once the technical offers have been qualified, the economic offers will be opened, which will also be subject to review and qualification according to the procedure determined in the regulations of this law and without any case the cost of having a percentage ofincidence greater than 20%, in relation to the total offer rating. With the proponent obtained by the greatest weighted score of the technical and economic offer, the technical and contractual terms and the economic adjustments derive from such negotiation will be negotiated.

That said, we will focus on the negotiation that is constituted as one of the modalities for the award of administrative contracts. The negotiation procedures are of exceptional use, since they are an exception of the principle of concurrence and to a large extent, of the advertising that we can conceive as one of the basic and fundamental principles of the right of public procurement. In addition, it should be borne in mind that through negotiation procedures no selection criteria are used, but that the best offer is determined after the negotiation of a series of economic and technical aspects that must be previously determined in the specific administrative clause specifications.

(Servet, Wolters Kluwer, 2014) Therefore, the award will fall on the bidder justifiably chosen by the contracting body, after negotiating the conditions of the contract with one or more candidates. It will be, in the specifications of particular administrative clauses where the economic and technical aspects that, where appropriate, have to be negotiation with the companies will be determined;the description of the needs of the contracting bodies and the characteristics required for the supplies, works or services to be hired;The procedure that will be followed to negotiate, which at all times will guarantee the maximum transparency of the negotiation, the advertising of the same and the non -discrimination between the bidders who participate;In other words, the principle of equality will be applied, which determines that all the bidders are in the same situation, with the same facilities and making their offers on identical bases, the principle prohibits any type of preference to a particular bidder. The principle of fair treatment that implies that any supplier of works, goods and services must have access to hire with the State in conditions similar to which others, so the existence of privileges, advantages or prerogatives is prohibited, except for exceptionsprovided for in the law and the principle of transparency which implies compliance with the principles of legality, free concurrence, among others. The elements of the benefit object of the contract that constitute the minimum requirements that all offers must meet. 

According to Art. 42 of the Organic Law of the Public Procurement System, subsection 2 corresponds to the highest authority of each dependency or entity that calls for the consulting contest, approve in harmony with this Law and its General Regulations, the Species, Terms of Reference, Referential Budgetand other contest documents. Are powers of the Technical Commission, qualify, select and negotiate with the bidder consultants.

For this reason, during the negotiation, the hiring bodies will ensure that all bidders receive the same treatment. In particular they will not provide discriminatory, information that may give advantages to certain bidders with respect to the rest. The contracting bodies will negotiate with the bidders the offers that they have presented to adapt them to the requirements indicated in the specific administrative clauses and in the bidding announcement, where appropriate, and in the possible complementary documents, in order to identify The most advantageous economically offer.

This negotiation will be carried out in accordance with what is established by art. 40 of the Regulation to the Organic Law of the National Public Procurement Service; With the final results of the evaluation, the Technical Commission will negotiate with the bidder qualified first the technical, contractual aspects and the adjustments of the technical offer, that is to establish the technical conditions of the good or service to offer, according to what is required by the entity and economic is, the one that presents the best quality/price ratio. It is possible to distinguish between those procedures that select the offer that presents the lowest price, and those that select it based on a plurality of criteria. In the latter, the final offer is finally selected is the one that as a whole presents the best conditions in the judgment of the contracting body, additionally the proposal must clearly follow the requirements made by the entity, meet all the formats and annexes, in the form that defines the specifications. The object of the negotiation will be to improve the economic offer of the only qualified offeror. Only that the norms that regulate these procedures with negotiations must be applied. In short, the public entity has the conviction that the price you are paying for the benefit received is fair and balanced. 

The negotiation session will be held between the contracting entity and the only bidder enabled to present its economic offer, in the day and time indicated for this purpose, within a term not exceeding three days from the date established for the realization of the bid.

The negotiation process is structured in two phases: the elaboration of the bidding sheets and the negotiation of the contract. Both phases require an exhaustive knowledge of the markets, as well as the operation of the companies responsible for marketing and their distribution. In addition, I consider that certain characteristics focused on quality such as: technological: hardness, inductance, acidity should be taken into account in the negotiation stage. PSYCHOLOGICAL: FLAVOR, BEAUTY, STATUS. Regarding time: reliability, maintainability. Contractual: technical guarantee. Ethics: Attention to sales personnel, honesty of service workshops.

If within a maximum term of up to five days an agreement will not be reached in the negotiation will be terminated and a new negotiation will begin with the qualified bidder in the following place and so on until reaching a final negotiation agreement or, in its defect declare the procedure deserted, as appropriate.

On the contrary, if the negotiation certificate, the highest authority or its delegate are signed, will proceed to the bidder with which a final negotiation agreement has been reached in the technical, economic and contractual aspects that of one or the other or the otherway benefit both contracting parties. It is worth mentioning that it constitutes a good practice to provide good advertising prior to the award, advertising of call and advertising after the award of the contract. The publication meets the normative requirement and it is also guaranteed that invitations or calls are in accordance with the law, and in itself the contracting procedure in its different phases and stages, whether they are known to all interested parties and Society in general, making information a free and free medium that can be entered through the WWW institutional portal.Public purchasing.Gob.EC.