Garantía de impugnación

English translation: Bid protest bond

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22:46 Apr 21, 2018
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s)
Spanish term or phrase: Garantía de impugnación
Term comes from an Argentinian Spanish set of specific bidding conditions for a project tender.

There is a paragraph referring to several types of bond/guarantee, bid and performance bonds have appeared, and now there's this one, a "garantía de impugnación", which I'm not familiar with.

Any help gratefully received.
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Timothy Cooper
Local time: 07:50
English translation:Bid protest bond
Explanation:
Please see the reference box.

I wasn't familiar with 'bid protest bond', which was why I didn't suggest it as an answer.

Bid Protest Bond. Protestors must generally file a bond payable to the agency as required by Section 287.042(2)(c), Florida Statutes, and Rule 28-110.005 Florida Administrative Code, in an amount equal to 1 percent of the estimated contract amount. Failure to timely file a required bond within the time provided will also result in a waiver of the right to protest. The bond is to cover costs, since the losing party in a bid protest is responsible for paying the prevailing party’s costs and charges (but not attorney’s fees). Attorney’s fees are sometimes separately sought and awarded in cases where a protest is found to be “frivolous” or filed for “improper purposes” as defined by statutes and controlling case law.

http://smithlawtlh.com/bid-protests-know-your-rights-the-clo...
Selected response from:

Helena Chavarria
Spain
Local time: 07:50
Grading comment
Well, it certainly worked for me and the client. Thanks again...
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1challenge guarantee / challenge surety bond
Charles Davis
4Bid protest bond
Helena Chavarria
Summary of reference entries provided
Findings
Helena Chavarria

  

Answers


47 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
challenge guarantee / challenge surety bond


Explanation:
They seem to have them in other countries as well, including Peru; I don't think they exist in English-speaking jurisdictions.

The idea is that if bidders challenge (impugnar) the tender decision, they have to provide a guarantee or surety bond. If the challenge is successful, the guarantee/surety is reimbursed; if not, it is forfeited to the extent that the challenge is rejected. The idea, presumably, is to guard against frivolous challenges and cover the legal costs incurred. This garantía has been much criticised as violating the principle of transparency.

"V. LA IMPUGNACIÓN DE LA ADJUDICACIÓN EN NUESTRO ORDENAMIENTO. LA LLAMADA “GARANTÍA DE IMPUGNACIÓN” El proceso de privatización que signó la década de los años 90 introdujo innovaciones en nuestro ordenamiento administrativo. Uno de ellos y no menor, fue la creación de una denominada “garantía de impugnación”, establecida por decreto 1105/1989, reglamentario de la ley 23.696, cuyo Art. 18 inciso f reza: f) Existirá una garantía de impugnación, que deberá constituir quien formule impugnaciones, que le será devuelta en caso de ser acogida favorablemente su pretensión, o que perderá en la misma medida en que tal pretensión sea rechazada”."
http://www.calz.org.ar/wp-content/uploads/2017/03/LA-ADJUDIC...

It is called a "challenge guarantee" in this essay by two Argentine authors published on what seems to be a respectable legal website with reasonable editorial standards; the English is pretty good:

"According to the Regulation of the GRPP, as mentioned above, Evaluation Commission opinions may be challenged by bidders – within three calendar days from such notification – and by any other aggrieved person – within three calendar days from an opinion’s publication on the official website of the National Procurement office – and in any case, if applicable, by previously providing the challenge guarantee (that is, the guarantee that is usually required for the viability of the claim so as to assure its seriousness) (Sections 73 and 78, Subsection d, Regulation of the GRPP)."
https://thelawreviews.co.uk/chapter/1143433/argentina

I think "challenge surety bond" would also be a reasonable rendering; it's used in this document from El Salvador:

"Art. 45.- The party aggrieved by the award decision may lodge a review appeal to the contracting State institution within a period of five days, counted from the date of the respective notification. The appellant must file the challenge surety bonds set forth in the tender guidelines for this purpose."
http://www.proesa.gob.sv/investment/documentation?download=1...



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Note added at 1 hr (2018-04-22 00:01:55 GMT)
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I'm going to leave this for the references, but I think the term Helena has found, "bid protest bond", is just what you want.

Charles Davis
Spain
Local time: 07:50
Native speaker of: Native in EnglishEnglish
PRO pts in category: 407

Peer comments on this answer (and responses from the answerer)
agree  JohnMcDove: ¿Fiebre del sábado noche? (Solo pregunto... ;-) /../ Bueno, mi padre decía: "Trabajo y economía es la mejor lotería"... Pues que no falte, hombre, ¡que no falte! ;-)
10 mins
  -> Algo de eso, pero no en plan Travolta. Estoy trabajando :-( Gracias por el agrí, pero prefiero la propuesta de Helena.
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5 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
Bid protest bond


Explanation:
Please see the reference box.

I wasn't familiar with 'bid protest bond', which was why I didn't suggest it as an answer.

Bid Protest Bond. Protestors must generally file a bond payable to the agency as required by Section 287.042(2)(c), Florida Statutes, and Rule 28-110.005 Florida Administrative Code, in an amount equal to 1 percent of the estimated contract amount. Failure to timely file a required bond within the time provided will also result in a waiver of the right to protest. The bond is to cover costs, since the losing party in a bid protest is responsible for paying the prevailing party’s costs and charges (but not attorney’s fees). Attorney’s fees are sometimes separately sought and awarded in cases where a protest is found to be “frivolous” or filed for “improper purposes” as defined by statutes and controlling case law.

http://smithlawtlh.com/bid-protests-know-your-rights-the-clo...

Helena Chavarria
Spain
Local time: 07:50
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 113
Grading comment
Well, it certainly worked for me and the client. Thanks again...
Login to enter a peer comment (or grade)




Reference comments


50 mins peer agreement (net): +1
Reference: Findings

Reference information:
Protest definition: According to GAO, A bid protest is a challenge to the award or proposed award of a contract for the procurement of goods and services or a challenge to the terms of a solicitation for such a contract.

Protests may be filed against procurement actions by federal government agencies. A bid protest occurs when the federal government makes a contract award but an interested party, usually the unsuccessful award decides to challenge the award.

Within the bid protest definition, an interested party may choose to file a pre-award protest (challenging the terms and conditions of the solicitation) or they can file a post-award bid protest (challenging the contracting agency’s evaluation and award decision. See also 31 USC 1558.

http://www.gaoprotest.us/bid-protest-definition-meaning/

WHAT IS A BID PROTEST BOND?
A Bid Protest Bond is a type of surety bond required to guarantee that a protest in the allocation of municipal contracts is not wrongful and will not delay the work on contract for the municipality and vendor. Many times when a municipality accepts bids for contracts, the lowest bid is not always selected. The bond amount varies by agency but usually includes a provision for interest and court costs.

http://jurisco.com/what-is-surety-bond-definition/plaintiffs...

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Note added at 1 hr (2018-04-21 23:48:53 GMT)
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Bid protest bonds are also required for Florida Department of Transportation bid protests. See Florida Statute s. 337.11 (requiring the bid protest bond to be conditioned on costs excluding attorney’s fees and setting forth how the amount of the bid protest bond is to be determined).

http://floridaconstructionbondlawyer.com/bid-protest-bonds-f...

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Note added at 1 hr (2018-04-21 23:54:51 GMT)
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IV. CHALLENGES TO THE AWARD OF BID

B. Timing

1. Bid protests must be initiated promptly before the process becomes unalterable.

2. A bid protest can be made prior to the bid opening. Protests may be resolved through clarification, addenda or a bid conference. Pre-bid resolution of protests is beneficial to the bidding agency so that errors or omissions may be clarified or corrected.

3. Most bid challenges are initiated after the opening of bids.

http://mnnigp.org/content.php?page=CHALLENGES_TO_THE_AWARD_O...

Bond Requirements – a protest bond is often required to be posted, and obtaining bond on a short timeline can be a challenge in itself. Protests subject to state law require a bond payable to the state in the amount of five percent (5%) of the lowest cost proposal evaluated or, if a protest is filed prior to the opening of cost proposals, the bond payable shall be five percent (5%) of the estimated maximum liability provided in the procurement document. T.C.A. §12-3-514(c). The state has adopted a bond form it deems acceptable.

https://tennesseeconstructionlawyers.com/2016/06/i-protest-g...

Helena Chavarria
Spain
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 113
Note to reference poster
Asker: If you post this as an anwer, I can give you some points. It's definitely the best option and was accepted by the client. Many thanks for your help!


Peer comments on this reference comment (and responses from the reference poster)
agree  Charles Davis: I think you should post this as an answer, Helena. It seems to be pretty well the same thing and it's an authentic US term.
14 mins
  -> Thank you, Charles :-)
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