The Unique Registry of Bidders (RUP) is a registry of legal creation in which all national natural or legal persons and foreigners domiciled or with a branch in Colombia must register, who aspire to enter into contracts with state entities. The RUP contains related and verified information on: experience, legal, financial, and organizational capacity of the bidder. Bidders will be classified according to the contracts they aspire to enter into with the State.
The RUP contains all the information reported by state entities regarding contracts awarded to bidders, the status of their execution, whether they have been fined or sanctioned, and so on. The RUP must be renewed each year between January 1 and the fifth business day of April; exceptionally, due to the situation caused by COVID-19, through Decree 434 of 2020, the National Government extended the deadline until July 3, 2020.
The National Government adopts a single form and determines the necessary documents that must be submitted to the Chamber of Commerce of the bidder's domicile. The Chamber of Commerce classifies bidders into classes or groups according to the goods and services they offer to the State.
In Article 2.2.1.1.1.5.2 of Decree 1082 of 2015, we can observe the information that must accompany the registration for both natural persons and legal entities. Once the information is verified, the Chamber of Commerce will submit the registration request to the Superintendence of Industry and Commerce (SIC), since this latter entity is responsible for authorizing the registration request in the RUP. Thus, anyone who needs to cancel this registration may request it before the respective Chamber of Commerce.
It could be inferred that the RUP is a requirement for any entity or person that contracts with the State, whether for the acquisition of goods or the provision of services. However, registration in the RUP will not be necessary in cases of direct contracting, contracts for the provision of health services; contracts whose value does not exceed ten percent (10%) of the lowest amount of the respective entity; disposal of State assets; contracts whose purpose is the acquisition of products of agricultural origin or destination offered on legally constituted commodity exchanges; acts and contracts whose direct purpose is the commercial and industrial activities of industrial and commercial State enterprises and mixed-economy companies; and concession contracts of any kind (Paragraph 2 of Article 6 of Law 1150 of 2007).
Finally, it is essential that the bidder provide all the information requested by the Chamber of Commerce, renew the RUP each year, and comply with the principle of responsibility for the provision of services or sale of goods to state entities.
https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=304
https://www.dnp.gov.co/Paginas/Normativa/Decreto-1082-de-2015.aspx
https://sintesis.colombiacompra.gov.co/content/procesos-exceptuados-del-rup
Author: Andrés Felipe Becerra