How to win government contracts and tenders in Chile

How to win government contracts and tenders in Chile

Comprehensive Guide to Securing Government Contracts in Chile: Legal Frameworks, Trade Policies, and Procedural Requirements

Chile’s public procurement system offers substantial opportunities for domestic and international enterprises looking to collaborate with governmental institutions. Governed by transparent regulations under Law No. 19,886, and operated through its centralised platform MercadoPúblico, this market requires strategic navigation of eligibility criteria aligned with national legislation as well as commitments under bilateral trade agreements, notably the Interim Trade Agreement (ITA) with the European Union (EU).

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Chilean Public Procurement Framework

Legislative Foundations

The public procurement processes in Chile follow Law No. 19,886 (Bases sobre Contratos Administrativos de Suministro y Prestación de Servicios). This law mandates transparency and competition for state purchases exceeding approximately CLP 2,000 UTM (~USD 50,000), administered via MercadoPúblico by the Dirección de Compras y Contratación Pública (ChileCompra). Its main procurement methods include:

  • Licitaciones Públicas (Open Tenders): Required publicly advertised competitive processes for contracts above set thresholds.
  • Convenios Marco (Framework Agreements): Centralised purchase agreements allowing multiple suppliers to provide commonly procured services or goods.
  • Compras Coordinadas (Coordinated Purchases): Collaborative procurements aggregating demand from various public entities to optimise efficiency and cost-saving.

Institutional Oversight and Compliance

The Dirección de Compras y Contratación Pública manages supplier registrations and ensures adherence to procurement standards. Companies must annually update corporate information to remain eligible. Non-compliance can lead to sanctions, including temporary or permanent disqualification from future bidding opportunities. Accountability measures include anonymous reporting mechanisms via the Observatorio ChileCompra, which investigates irregularities.

International Trade Policy Context

Bilateral Agreements Enhancing Market Access

Although Chile is not a signatory of the World Trade Organization’s (WTO) Government Procurement Agreement (GPA), it maintains several bilateral trade agreements facilitating market access. Notably, the Interim Trade Agreement (ITA) effective from February 2025 with the EU significantly enhances market opportunities by offering:

  • Reduced tariffs for numerous products, particularly enhancing competitive access for agricultural and food-sector companies.
  • Mutual recognition of Geographical Indications, safeguarding intellectual property rights in both markets.
  • Simplified customs processes for businesses compliant with the requirements of the agreement.

Foreign companies seeking Chilean government contracts under such trade agreements must adhere to specific procedures, such as appointing local agents, submitting Spanish-translated and notarised corporate documentation, and fulfilling formal registration requirements.

Registration Requirements for Prospective Bidders

Eligibility Criteria and Documentation Standards

All suppliers must register with Registro Nacional de Proveedores Estatales (RNPE) on the MercadoPúblico platform, involving these key steps:

  • Acquiring a digital identity (ClaveÚnica) to authenticate online interactions.
  • Validating tax status with the Servicio de Impuestos Internos (SII).
  • Uploading necessary documents, including articles of incorporation, financial statements, and recent audited accounts each year for renewal.

For international suppliers without an established local presence, additional documentation includes:

  • Translation and notarisation of incorporation documents into Spanish.
  • Proof of existence from the entity's home jurisdiction, appropriately legalised (apostilled or consular certification).
  • Appointment of a local representative authorised to assist in legal matters and receive official documentation.

Failure to regularly update these documents risks immediate suspension from bidding processes.

Competitive Tendering Processes and Strategic Considerations

Licitaciones Públicas (Open Tenders)

These publicly advertised tenders require comprehensive proposals that address clearly defined criteria, often including pricing, quality, and technical capability assessments. Past tenders include consultancy services, maintenance contracts, and technology infrastructure developments.

Convenios Marco (Framework Agreements)

These agreements streamline recurring purchases of common items—from office supplies to food products—by establishing long-term contracts with qualified suppliers authorised to sell directly to public institutions under pre-negotiated terms.

Compras Coordinadas (Coordinated Purchases)

This procurement method consolidates orders from multiple public agencies, commonly applied in categories such as IT and telecommunications, to achieve economies of scale, reduced prices, and operational efficiency.

Compliance Monitoring and Dispute Resolution Mechanisms

Observatorio ChileCompra: Anonymous Reporting

Chile provides a confidential complaint mechanism allowing stakeholders to report suspected misconduct anonymously. All allegations are promptly investigated, and appropriate action is recommended to safeguard procurement integrity, transparency, and accountability.

Formal Complaint Procedure

Bidders may also submit formal complaints online, accompanied by documentary evidence. These complaints must be reviewed independently, with responses issued within five working days, detailing corrective action and preventive measures to sustain integrity and fairness.

Conclusion

Successfully securing Chilean government contracts calls for meticulous preparation, strategic alignment with the nation’s public procurement regulations, and adherence to international trade agreement provisions. Prospective suppliers must ensure comprehensive and updated registration documentation, understand the competitive tendering mechanisms thoroughly, and employ robust compliance frameworks to manage ongoing risks. By doing so, companies can effectively navigate Chile’s dynamic governmental procurement environment, building sustainable, transparent, and mutually beneficial partnerships.

[1] https://www.chilecompra.cl
[2] https://trade.ec.europa.eu/access-to-markets/en/content/government-contracts-outside-eu
[3] https://www.minrel.gob.cl/news/interim-trade-agreement-between-chile-and-the-european-union-enters-into
[4] https://www.nasa.gov/wp-content/uploads/2025/02/soa-2024.pdf?emrc=d6f893
[5] https://org-id.guide/download.csv
[6] https://www.vatupdate.com/2025/02/20/vat-guide-for-businesses-with-customers-in-chile-2/
[7] https://catts.eu/preferential-trade-updates-february-2025/
[8] https://moveadvisor.com/move/questions-to-ask-movers/
[9] https://www.tender-service.com/international/chile
[10] https://www.dlapiper.com/insights/publications/2025/02/transparency-requirements-in-the-procurement-act-2023
[11] https://www.ashrae.org/file%20library/about/leadership/ashrae%20board%20of%20directors/board-of-directors-open-session-agenda-sunday-2025-february-9.pdf
[12] https://www.legal500.com/guides/chapter/chile-investing-in/?export-pdf
[13] https://www.chileatiende.gob.cl/fichas/547-inscripcion-para-proveedores-del-estado
[14] https://www.chileatiende.gob.cl/fichas/95734-ingresar-denuncias-reservadas-al-observatorio-chile-compra
[15] https://www.chileatiende.gob.cl/fichas/69087-inscripcion-como-particular-para-acreditarse-en-compras-publicas
[16] https://www.chileatiende.gob.cl/fichas/95744-ingresar-un-reclamo-a-la-direccion-de-compras-y-contratacion-publica-chile-compra
[17] https://www.chileatiende.gob.cl/fichas/544-inscripcion-en-capacitaciones-sobre-compras-publicas

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