Conasev Resolution No. 031-2011 — SMV — PE

Lima, April 27, 2011

VISTOS:

The Report No. 227-2011-EF/94.05.2 dated April 7, 2011, from the Information Technologies Office, which supports the need to contract the Support and Maintenance service for Ultimus Software, and the Joint Report No. 248-2011-EF/94.05.1/94.04.1 dated April 20, 2011, from the Administration Office and the Legal Advisory Office; with which the General Management is presented with the request for exemption to contract a single provider for a service that admits no substitute;

CONSIDERING:

That, CONASEV has implemented its Document Administration System based on an Ultimus workflow engine and Ultimus Clients licenses;

That, Report No. 227-2011-EF/94.05.2 dated April 7, 2011, from the Information Technologies Office indicates the need to have the ULTIMUS Software Support and Maintenance Service, stating that this service is necessary to guarantee the operational continuity of the Document Administration System – Workflow, which is considered a Mission Critical system because its operation can affect user response times, thereby affecting service quality and the Securities Market itself; it also recommends contracting the ULTIMUS Software Support and Maintenance Service with the company BCTS CONSULTING S.A., as it is the only company authorized by the parent company to provide said service;

That, ULTIMUS LA., responsible for the Latin American region, has communicated to CONASEV via letter dated April 6, 2011, that BCTS CONSULTING S.A. is the only authorized distributor in Peru of its ULTIMUS product;

That, pursuant to paragraph e) of Article 20 of the State Contracting Law, approved by Legislative Decree No. 1017, the contracting of a single provider for services that do not admit substitutes is exempt from the corresponding selection process, proceeding with direct contracting, in accordance with Article 21 of the aforementioned norm;

That, likewise, Article 131 of the Regulations of the State Contracting Law, approved by Supreme Decree No. 184-2008-EF, provides that in cases where there are no substitute goods or services required by the user area and provided there is only one provider in the national market, the Entity may contract directly; likewise, a single provider will be considered to exist in cases where, for technical reasons or related to the protection of intellectual property rights, the exclusivity of the provider has been established;

That, according to the evaluation carried out and the cited provisions of the State Contracting Law and its Regulations, the ULTIMUS Software Support and Maintenance Service can only be contracted directly with the company BCTS CONSULTING S.A. because there is no substitute service for the required one and due to the exclusivity of said company in providing Ultimus services in the territory of Peru, therefore it is determined that we are facing a single service provider that admits no substitute;

That, said contracting falls under the circumstance contemplated by paragraph e) of Article 20 of the State Contracting Law and it is necessary to establish the exemption from the Selective Direct Award selection process provided for in CONASEV's Annual Contracting Plan, with the amount of the service contract for a period of one (1) year being US $23,500.84 (Twenty-three thousand five hundred with 84/100 American Dollars) including all types of taxes, which will be financed with own resources duly budgeted;

That, Report No. 227-2011-EF/94.05.2 and Joint Report No. 248-2011-EF/94.05.1/94.04.1 contain the technical and legal justification to contract, via exemption, the ULTIMUS Software Support and Maintenance Service due to the cause of a single service provider that admits no substitute;

That, Article 134 of the Regulations of the State Contracting Law provides that the Resolution approving the exemption and the reports supporting it shall be published through SEACE within ten (10) business days following its issuance or adoption, as applicable. Within the same period, said information must be communicated to the Comptroller General of the Republic, with a copy to the Institutional Control Bodies of Entities that have such a Body;

That, taking into account what is established in numeral 2) of the Specific Provisions of Directive No. 001-2009-CG/CA approved by Comptroller Resolution No. 080-2009-CG of July 7, 2009, “Provisions applicable to the reporting of information on state contracts that public entities must send to the Comptroller General of the Republic”, in the case of exemption procedures for selection processes, the submission of the Resolutions or Agreements approving exemptions and the reports supporting them to the Comptroller General of the Republic will be understood as produced with the corresponding registration in SEACE of said documentation, within ten (10) business days of its approval;

That, according to what is provided in Directive No. 001-2010-PCM/SGP approved by Ministerial Resolution No. 200-2010-PCM, on Guidelines for the implementation of the Standard Transparency Portal in entities of the Public Administration, it corresponds that this exemption resolution be published on CONASEV's Transparency Portal, within the deadline established for such effect;

Being in accordance with what is established by Article 20, paragraph e) and Article 21 of the State Contracting Law, approved by Legislative Decree No. 1017, concordant with Articles 131, 133, and 134 of its Regulations, approved by Supreme Decree No. 184-2008-EF; as well as what is established in Directive No. 001-2010-PCM/SGP approved by Ministerial Resolution No. 200-2010-PCM;

IT IS RESOLVED:

Article 1.- Approve the exemption from the Selective Direct Award process for the contracting of the ULTIMUS Software Support and Maintenance Service, for a reference value of US $23,500.84 (Twenty-three thousand five hundred with 84/100 American Dollars) including the General Sales Tax and for a period of one (1) year. Consequently, authorize the contracting with the company BCTS CONSULTING S.A., which will be financed with CONASEV's own resources, with said amount duly budgeted.

Article 2.- Authorize the Logistics Unit to carry out the contracting of the aforementioned service with the company BCTS CONSULTING S.A. directly and through immediate actions.

Article 3.- Publish this Resolution and the reports supporting it in the Electronic State Contracting System – SEACE and in CONASEV's Transparency Portal within ten (10) business days following the date of its approval, in accordance with what is established in Article 134 of the Regulations of the State Contracting Law and for the purpose of complying with the submission of said documents to the Comptroller General of the Republic, in the manner established by Directive No. 001-2009-CG/CA approved by Comptroller Resolution No. 080-2009-CG. Likewise, comply with sending a copy of this Resolution and the reports supporting it to the Institutional Control Body of CONASEV.

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Michel Canta Terreros
President