Legal advice to HYTERA MOBILFUNK GMBH SUCURSAL DEL PERÚ in the presentation of its proposal in the Initial Selection called by the National Telecommunications Program (PRONATEL), an entity attached to the Ministry of Transportation and Communications, to contract the «Design, Supply and Implementation of the Emergency Attention and Management System – SAGE. This case was complex because it involved accrediting the experience of the bidder and the specialized subcontractor in order to be considered a qualified bidder.
The accreditation of the experience was particular due to the requirements requested, largely because the experience had to be accredited with contracts that were confidential and for which the necessary detailed information was not available. This meant that the reasons why the experience had to be recognized and validated by the committee had to be legally substantiated. This was a difficult task, because the committee made a restrictive interpretation of the experience accredited by the bidder. Nevertheless, the observations were lifted and a successful complaint was filed and the bidder and the specialized subcontractor were considered for PRONATEL’s Proposal Selection phase. This case is ongoing.