In July 2025, the Comptroller General of the Republic (CGR) issued resolution R-DCP-SICOP-01324-2025, introducing a change in its criteria regarding the contingency costs included in the price structure of public contracts.
According to the CGR, and in line with Articles 42 and 102 of the General Regulations to the Public Procurement Law (RLGCP), the price structure for works and service contracts must strictly include the following components: direct costs, indirect costs, profit, and contingency costs. However, the CGR clarifies in this resolution that this requirement applies exclusively to works and service contracts—not to supply contracts.
In summary, through this resolution, the Comptroller’s Office establishes that:
- The tender documents must explicitly address the contingency costs and include them in the cost structure. If not specified, a clarification must be requested.
- In strict application of the law—particularly Article 102 of the RLGCP—for works and service contracts, it is mandatory to include the cost and percentage of the contingency line item. Indicating 0% or omitting it entirely will result in bid disqualification.
- If a bidder considers that, due to the nature of the procurement process, it is appropriate to apply an exception and either omit contingency costs or indicate them as zero, the bidder must submit a formal objection to the tender documents.
It is important to note that objecting to a tender in order to avoid the contingency costs requirement should be carefully assessed. As with any objection, it must be well-substantiated to avoid being deemed frivolous. Therefore, such actions should not be undertaken without proper legal advice from a specialist in public procurement.
For further information on these regulatory updates, please contact our team at [email protected].