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Contracts For Public Participation - Private - Updated Standard

Original Language Title: CONTRATOS CONTRATOS DE PARTICIPACION PUBLICO - PRIVADA - Texto actualizado de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos

Law 27328

Public Participation Contracts - Private.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force



Public-Private Participation Contracts

ARTICLE 1 — Public-private participation contracts are those concluded between the bodies and entities that make up the national public sector with the scope provided for in article 8 of Law 24.156 and its amendments (as a contracting agent), and private or public subjects in the terms set out in this Law (as contractors) in order to develop projects in the fields of infrastructure, housing, activities and services, productive investment, applied research and/or innovation.

Projects under this law may be aimed at, one or more design, construction, expansion, improvement, maintenance, supply of equipment and goods, exploitation or operation and financing.

The design of the contracts will have the necessary flexibility to adapt its structure to the particular requirements of each project and those of its financing, according to the best international practices in the field.

Public-private engagement contracts may be entered into when it is previously determined that this procurement modality allows to meet the objectives of public interest to meet.

ARTICLE 2 — Public-private participation contracts are an alternative to contracts regulated by laws 13.064 and 17.520, and their amendments, and by decree 1023/2001 and their amendments.

Where public-private engagement contracts involve the provision of public services governed by specific regulatory frameworks, such regulatory frameworks will be applied to the provision of such services.

ARTICLE 3 — Companies and societies in which the national State, the provinces, the Autonomous City of Buenos Aires or the municipalities are participating may also enter into contracts for public-private participation as contractors, acting in a framework of competition and equal conditions with the private sector.

ARTICLE 4 — In the opportunity to structure projects of public-private participation and taking into account the circumstances and characteristics of each project, the contracting party shall:

(a) To clearly specify the objectives of public interest that recruitment tends to meet, and to contemplate the monitoring and enforcement mechanisms of each stage established for the achievement of the objective, setting the appropriate time frames for each phase;

(b) Promote efficiency and effectiveness in the performance of State functions and in the use of public resources;

(c) To respect the interests and rights of the recipients of the services and/or activities referred to in article 1 and of the subjects involved in public-private participation projects;

(d) To propose that the term of the contract be fixed in the light of the contractually engaged investments, the financing applied to the project and a reasonable profit, not being able to exceed in any case the 35 (treinth and five) years of duration, including their eventual extensions;

(e) To ensure the economic and/or social profitability of projects;

(f) To promote social inclusion, in the area of project development, in such a way as to optimize access to basic infrastructure and services;

(g) To increase the generation of new jobs and sources of work in the country, in the framework of the development of infrastructure projects, by establishing training plans and programmes for workers, in compliance with existing labour and social security standards;

(h) To increase the application of intragenerational, intergenerational and interregional solidarity mechanisms in project financing;

(i) Promoting the direct or indirect participation of small and medium-sized enterprises, the development of private sector entrepreneurship, the generation of added value within the national territory and the provision of new and more efficient technologies and services;

(j) To facilitate the development of the local capital market and access to the international capital market;

(k) To promote the development of projects that contribute to the preservation of the environment and to the economic, social and environmental sustainability of the area where they will be implemented, all in accordance with the relevant international legislation and agreements;

(l) Encouraging the concurrence of stakeholders and the competence of offenders, considering the positive externalities that may result in the selection of the contractor in the terms provided for in this article.

ARTICLE 5 — In the structuring of public-private participation projects, the contractor shall promote environmental protection and care within the scope of these projects, taking preventive, mitigation, sanction or compensation measures, as appropriate, of the negative or adverse impacts that eventually occur in the environment, in accordance with the regulations applicable to each project. The contractual documentation should specify the obligations that, for the purposes indicated above, should be borne by each of the parties to the public-private participation contract and contain the mechanisms that would ensure the contractor ' s compliance with all the obligations that the applicable legislation might impose on it in this regard. For this purpose, prior to the approval of the contractual documentation, the Ministry of Environment and Sustainable Development of the Nation must take action.

ARTICLE 6 — The erogations and commitments made in the framework of public-private participation projects shall be consistent with the financial programming of the State, in a framework of fiscal responsibility and due accountability, in the terms of laws 24,156, 25,152 and other legislation in force.

The national executive branch shall inform the Honorable Congress of the Nation of the fiscal impact of the commitments made and shall incorporate such fiscal impacts into the respective budget laws, both in respect of the projects initiated and unfinished and those awarded but not started.

It should also include in the Scheme Saving-Inversion-Financing of the national public sector informed by the Ministry of Finance of the Nation a specific line with the expenditure that in that month demanded the projects covered by this regime.

ARTICLE 7 — The bases of the respective recruitment may contemplate the creation of a specific purpose society, trustees, other types of vehicles, or associative schemes, which will be responsible for the subscription and execution until their complete termination of the public-private participation contract.

The specific purpose society shall be constituted as an anonymous company in the terms and conditions provided for in the General Law of Societies. In the event of the creation of trustees for these purposes, they must be established as financial trusts under the Civil and Commercial Code of the Nation. Corporations and trusts referred to in this article may be entitled to make public tenders of negotiable instruments in accordance with the provisions of law 26.831.

ARTICLE 8 — The national executive branch may, according to the characteristics of the project and for the purpose of acting as a contractor or as part of the contractor consortium, as appropriate in each case, create anonymous companies in which the State has participation in accordance with the provisions of the General Law on Societies. In such cases, State participation should encourage and be compatible with the participation of the private sector in such societies. The Executive Power may also create trusts for the same purpose or provide for the use of those already existing who have sufficient technical capacity to conclude contracts under this Act, provided that their object is not altered. Anonymous companies and trustees constituted under the terms of this article may be entitled to make public tenders of their negotiable values in accordance with the provisions of Act No. 26.831.

ARTICLE 9 — Without prejudice to what is established in the regulation, in the folds and in the contractual documentation, public-private participation contracts shall contain the following provisions:

(a) The duration of the contract and the possibility of its extension, in the terms of article 4 (d) of this Act;

(b) The fair and efficient distribution of contributions and risks among the parties to the contract, providing for the best conditions to prevent, assume or mitigate them, in such a way as to minimize the cost of the project and facilitate the conditions of its financing, including, inter alia, the consequences arising from the fact of the prince, fortuitous case, force majeure, extraordinary economic wing of the contract and the anticipated termination of the contract;

(c) The obligations of the contractor and the contractor on the basis of the characteristics of the project, the risks and contributions assumed and the financing needs;

(d) Mechanisms for monitoring compliance with the obligations assumed and penalties for breach of contract, their application procedures and forms of enforcement, and the fate of penalties of a pecuniary nature;

(e) The minimum technical requirements applicable to the infrastructure to be developed, the objective standards of quality and efficiency in meeting the obligations assumed, as well as their respective mechanisms and procedures for measuring, evaluating and monitoring;

(f) The form, modality and opportunities for payment of the remuneration that may be perceived, according to the cases, of the users, of the contractor or of third parties, as well as the procedures for review of the contract price for the purpose of preserving the economic-financial equation of the contract;

(g) In its case, the contributions that the contracter commits to carry out during the duration of the contract, which may include, among others, in contributions of money, the transfer of funds obtained from public credit operations, the ownership of property, budgetary, fiscal, contractual or any other nature whose assignment is accepted by the applicable law, in the assignment of rights, in the constitution of surface rights on goods of the public domain and/or

(h) Instruments to adapt the modalities of execution to the technological advances and to the needs and requirements of financing that take place throughout their validity;

(i) The power of the national or contracting public administration to unilaterally establish variations to the contract only in respect of the execution of the project, and that for up to a maximum limit, in more or less, of twenty per cent (20%) of the total value of the contract, adequately compensating the alteration, preserving the original economic-financial balance of the contract and the possibilities and conditions of financing;

(j) If the parties invoke the existence of economic-financial imbalance, the public-private participation unit may request a report from the Procuration of the Treasury of the Nation in this regard;

(k) Minimum income guarantees in the event that they have been decided;

(l) Guarantees for the performance of the contract to be in favour of the contracting party;

(m) The power to provide guarantees in the terms set out in chapter III of this Act;

(n) The contracting authority to cooperate in obtaining the necessary funding for the implementation of the project;

(o) The ownership and the regime of exploitation, affectation and destination, after the termination of the contract, of the property, furniture and properties, which are used and/or built during its validity;

(p) The grounds for termination of the contract for compliance with the object, expiration of the time limit, mutual agreement, guilt of any party, reasons of public interest or other causal grounds with indication of the procedure to be followed, compensations arising in cases of early termination, its scope and method of determination and payment. In the event of termination of the contract for reasons of public interest, no rule establishing a limitation of liability shall be directly, supplemental or analogous, particularly those contained in Acts 21.499 and its amendments and 26,944 and Decree 1023/2001 and its amendments. The suspension or invalidity of the contract for reasons of illegitimacy shall be requested and declared by the competent court;

(q) The possibility of assigning, in the terms provided for in articles 1,614 et seq. of the Civil and Commercial Code of the Nation, or of guaranteeing the emerging credit rights of the contract, including the right to receive the contributions made by the contractor, the remuneration and the relevant compensation, as well as the ownership of the flows of relevant funds;

(r) The requirements and conditions under which the contractor shall authorize the transfer of the shareholder control of the specific purpose company, and the control of the certificates of participation in the case of trustees, in favor of third parties, as well as for those who finance the project or of a company controlled by them, in case the specific purpose society or trust fails to comply with the conditions of the financing agreements, in order to facilitate their restructuring and to ensure the

(s) The power of the parties to temporarily suspend the performance of their benefits in the event of non-compliance with the other party ' s obligations, by delimiting the assumptions for their origin;

(t) The faculty of assigning, in whole or in part, the contract to a third party provided that it meets similar requirements that the assignor has passed, at least twenty percent (20%) of the original period of the contract or of the committed investment, whichever occurs before.

Prior to the authorization of the assignment by the contracting authority, a well-founded opinion of the body that exercises control of the performance of the contract on the performance of the above-mentioned conditions and on the degree of compliance with the obligations assumed by the assignor and the opinion of the Treasury of the Nation on the risks assumed by the national State shall be available. Such Views shall be informed to the Bicameral Commission for the Monitoring of Contracts for Public Participation - Private, created by Chapter IX of this Law.

Prior to the improvement of any assignment, and with the intervention of the public-private participation unit, the smooth and flat acceptance of the financiers, fiadores, garantes and avalistas, and the authorization of the contracting party, with the intervention of the public-private participation unit, must be obtained. Any assignment that takes place in accordance with the above-mentioned measures referred to in this paragraph shall produce the effect of freeing the assignor from any obligation originally assumed under the contract, unless a different solution is provided in the fold;

(u) The power of subcontracting prior to communication to the contracting party and with its approval and consent. In the event of subcontracting, the contractor shall preferably opt for national enterprises and/or small and medium-sized local enterprises;

(v) The specification of the movable and immovable property to be reverted or transferred to the national State when the contract is terminated, and it may be agreed that the ownership of the construction work or infrastructure will only be transferred to the State at the end of the contract;

(w) Procedures and methods that will result in application to settle disputes of a technical, interpretative or heritage nature that may arise during the execution and termination of the contract. To this end, a technical panel may be formed from the entry into force of the contract, consisting of professionals and/or representatives of national or foreign universities, in all cases, of accredited independence, impartiality, suitability and national and international trajectory in the field, which will continue throughout the period of execution to clarify the issues of such a nature that arise between the parties;

(x) In the event of opting for arbitration to resolve other disputes, the respective arbitration clause should be included in accordance with the provisions of this Act. The national executive branch shall immediately inform the Honorable Congress of the Nation, if the arbitration with extension of jurisdiction is opted.

ARTICLE 10. - In all cases of early termination of the contract by the contracting party, prior to the taking of the assets, the contractor shall be paid the total amount of compensation that may correspond to the valuation methodology and determination procedure established in the regulation and in the relevant contractual documentation, which in no case may be less than the non- amortized investment.

In all cases, the repayment of funding applied to the development of the project should also be ensured.

The foregoing does not imply that the contractor should not compensate for damages for the benefit of the contracting contract.

ARTICLE 11. — The property responsibility of the contracting parties shall be subject to the provisions of this law, in its regulation, in the folds and in the contract. The relevant rules of the Civil and Commercial Code of the Nation shall also be applied.


Selection procedures

ARTICLE 12. — The selection of the contractor will be made through the bidding or public, national or international competition procedure according to the technical complexity of the project, the capacity of the local companies to participate, economic and/or financial reasons related to the characteristics of the project, the available procurement capacity, and/or the origin of the funds when it comes to projects that count or require external financing.

Transparency, publicity, dissemination, equality, participation and competence in selection procedures and acts accordingly should be ensured. To that end, the convocating authority should seek the comparability of the proposals, guaranteeing the homogeneity of criteria, providing and clearly establishing the necessary bases, requirements and other projections for the preparation of the offers. (Paragraph replaced by art. 61 of the Act No. 27.467 B.O. 4/12/2018)

The recruitment procedures should promote, according to the characteristics of the project, the direct or indirect participation of small and medium-sized enterprises and the promotion of industry and national work.

With regard to the provision of goods and services to be carried out under the contracts under this Act, the solicitation documents and other contractual documentation should contain provisions establishing that such goods and services have at least thirty-three per cent of the national component. The national executive branch will determine what should be understood by “national partner” and “technological disaggregation” taking into account the kind of goods and services involved and the nature of projects to be developed. Likewise, the preferences established by law 25,551 in favour of property of national origin will be applied in contracts under this law.

In particular cases, the national executive branch may exempt or limit the requirements and preferences mentioned in the preceding paragraph in those contracts in which the public-private participation unit, by means of well-founded opinion and prior intervention of the Ministry of Production of the Nation, justify the desirability or necessity of such exception or limitation in the particular conditions or needs of the project.

The Bicameral Commission for the Monitoring of Public-Private Engagement Contracts established by this Act may at all times require the public-private participation unit or the contracting authority and the ongoing projects to report on compliance with the requirements contained in the preceding paragraphs, as well as on the transfer of technology for the national industry and the recruitment of human resources and talents based in the country.

ARTICLE 13. “Previously call for tendering or public tendering for the award and subsequent conclusion of a public-private participation contract, and without prejudice to compliance with the provisions of article 29, paragraph 2, of this Act, the convocating authority shall issue a ruling on the following aspects:

(a) The feasibility and justification of the procurement through the conclusion of a public-private participation contract, following the intervention of the public-private participation unit, explaining the reasons why the public interest is considered to be better served by resorting to this modality against other available contractual alternatives;

(b) The impact that the costs or increases generated by this procurement will have on the fiscal outcome targets provided for in the relevant budget laws;

(c) Estimate of the financial and budgetary impact of the contract for the budget periods during which the contract will be executed;

(d) Estimates of the sufficiency of the flow of public resources, during the duration of the contract and for each committed budget period, for the fulfilment of its obligations;

(e) The externalities that will lead to the project, including the estimate on the likely flow of future revenues that will generate the development of the project in favour of the relevant jurisdictions;

(f) The impact of the project on employment generation, and on the promotion of small and medium-sized enterprises and the national industry in general; indicating the number of direct and indirect jobs that are estimated to be generated through the project, as well as the percentage of participation of the national industry in general and of small and medium-sized enterprises in particular that it is expected to take place, directly or indirectly, during the implementation of the project;

(g) The socio-environmental impact of the project;

(h) Cost-benefit assessment of the use of this contractual modality, considering the risks in the event of termination of the contract;

(i) Assessment of the equitable sharing of risks between the parties in accordance with the principles contained in article 4 of the present Act, which shall be identical to that established in the contract;

(j) Other data to assess the desirability of implementing the project through a public-private participation contract.

The opinion referred to in this article shall be communicated by the authority convoking the public-private participation unit for the purposes of article 29 of this Act and shall constitute the respective contractual documentation.

ARTICLE 14. - Where the complexity or amount of the project warrants it, a transparent procedure of consultation, debate and exchange of views between the convocating authority and/or the contracting authority and prequalified stakeholders may be established, based on the experiences, expertise and best practices available by each party, to develop and define the most appropriate solution to the public interest on which the offers are to be formulated. The implementation of this procedure should ensure the intervention of the public-private participation unit and ensure transparency, participation, publicity, dissemination, effective competition and the simultaneous and equal participation of all prequalified stakeholders, promoting, among other factors and according to the characteristics of the project, the direct and indirect participation of small and medium-sized enterprises and the promotion of industry and national work.

(Article 62 of the Act No. 27.467 B.O. 4/12/2018)

ARTICLE 15. — The award shall fall on the offer that is considered to be the most suitable for the public interest, being in accordance with the conditions laid down in the basis of tendering or competition and prior opinion of the public-private participation unit. The tenders should promote in their selection guidelines of the awardees criteria that determine comparative advantages in favour of national enterprises on foreign women and those in favour of those considered to be micro, small and medium-sized enterprises as set out in law 25.300, unless the public-private participation unit established by this law, through a well-founded report, warrants the desirability or necessity of their exclusion in the particular conditions and needs of the project.

ARTICLE 16. In the event that the public-private participation contract may commit public resources from future periods, prior to the call for competitive examination or public tender, the authorization of the Honorable Congress of the Nation, which may be granted in the respective law of general budget or in special law, in accordance with the model of grid attached as Annex I to the present law, provided that the stock accumulated by the firm commitments and contingents is non-existent, net (Paragraph replaced by art. 63 of the Act No. 27.467 B.O. 4/12/2018)

This limit may be revised annually, together with the treatment of the budget law, taking into account the requirements of infrastructure and public services in the country and the impact of commitments on the sustainability of public finance.

ARTICLE 17. - Selection procedures relating to any contract under this Act are consistent with private initiative procedures.


Obligations and guarantees

ARTICLE 18. - Payment obligations assumed under the provisions of this law by the contracting party may be terminated and/or guaranteed by:

(a) The specific impact and/or transfer of tax resources, assets, funds and any kind of credits and/or public revenues, with the corresponding authorization of the National Congress;

(b) Creation of trusts and/or use of existing trusts. In this case, exclusive and irrevocable shall be transmitted, in the terms of the provisions of article 1.666 et seq. of the Civil and Commercial Code of the Nation, the fiduciary property of tax resources, credits, property, funds and any kind of public revenues; in order to settle and/or ensure payment of the pecuniary obligations assumed in the contract, with the corresponding authorization of the Congress of the Nation;

(c) The granting of bonds, guarantees, guarantees by entities of recognized solvency in the national and international market and/or the constitution of any other instrument that fulfils the function of guarantee, provided that it is admitted by the current order.

ARTICLE 19. — Guarantees may be made on the rights of exploitation of public or private property that have been granted to the contractor to ensure the repayment of the necessary funding to carry out the projects that are carried out under this Act.

ARTICLE 20. - In the case provided for in article 18 (b), the relevant trust contract should be signed in which the role of the trustee should be played by a duly authorized trustee.

The contract should provide for the existence of a liquidity reserve and its quantum that will integrate the trust fund, whose constitution, maintenance, and costs will be borne by the fiduciant.

The contract should also establish the obligation of the trustee to develop an investment manual subject to the approval of the fiduciant.

With the exception of the instructions provided for in the contractual documentation, the fiduciant or other public bodies of any kind may not instruct the entity acting as a trustee, who shall act in accordance with the terms and conditions set forth in the respective trust contract and subject to the provisions of this law and the Civil and Commercial Code of the Nation.

The audit reports on the use and application of the assets and resources received shall be communicated to the authority designated by the regulation, without prejudice to the provisions of Act No. 24.156 and its amendments.

The trust contract shall establish the body or entity of the national, provincial, municipal or Autonomous City of Buenos Aires, as appropriate, which, at its end, will be the trustee of the goods in a timely manner. Exceptionally, if private trustees exist, the trust contract may establish private human and legal persons as trustees.

(Article replaced by art. 64 of the Act No. 27.467 B.O. 4/12/2018)


Regulation and control of the performance of the contract

ARTICLE 21. — The regulatory and police functions of the State are indelible. The performance of contracts under the terms of this law shall be subject to the control of the contracting party or of the organ created for that purpose in the respective jurisdiction.

The contracter shall have extensive powers of inspection and control, and may require any information related to the performance of the contract and development of the project, guaranteeing the confidentiality of commercial or industrial information in the terms of the legislation in force.
Regulation or folds may provide for the possibility of accessing external auditors with sufficient technical suitability, independence and impartiality and proven national or international trajectory to control the implementation of projects.

ARTICLE 22. — The General Audit of the Nation should include in each annual action plan the audit of all existing public-private contracts, their development and outcome.


Incompatibility to hire

ARTICLE 23. — They may not assume the status of offenders or contractors, in case or by interposite person, who are in any of the following situations:

(a) Lack of capacity or legitimacy to engage with the State, in general, or with the contracting party, in particular;

(b) To have acted as advisers hired by the contracter in the implementation of the project in which they intend to participate as potential offenders;

(c) To be a public official dependent on the contractor, or to be a firm, company or entity with which the staff member is bound for reasons of direction, participation or dependence;

(d) Having a concursal process in process or bankruptcy;

(e) If it has been decreed within the previous 3 (three) calendar years counted from the date of the last publication of the public appeal, the resolution for breach of its part of a contract with the national State, in general, or with the contracting party, in particular;

(f) To have received sanctions for violation of environmental norms provided that the resolution was firm and applied within 24 (veinticuatro) months prior to the public appeal;

(g) Apply tax and/or forecast credits to the Federal Public Income Administration determined by administrative act or final court judgement.

(h) Proceedings and convicted persons for any of the offences set out in Titles XI, XII and XIII of the Criminal Code of the Nation.

Those who are framed in any of the above-mentioned assumptions may not be part of a company or an offeror entity or a subcontractor of it, either directly or through another controlled, linked or part of an economic group with it. Even the ban will be given if it is proved that for reasons of direction, participation or other circumstance it may be presumed that they are a continuation, or that they derive from those companies included in one or more causals previously explained.



ARTICLE 24. — Without prejudice to the provisions of the current regulations, it will be a determining cause for the rejection of the proposal or offer in any state of the tender to give or offer money or any gift so that:

(a) Officials or public employees with competence at any stage of the procedure established by this law to do or cease to do something concerning their functions, or to enforce the influence of their position with another official or public employee with the competence described, so that they do or stop doing something concerning their functions;

(b) Any person asserts his or her relationship or influence over a public official or employee with the competence described, so that they do or stop doing something concerning his or her functions.

Those who have committed such acts in the interest of the contractor directly or indirectly shall be considered as active subjects of this conduct, either as administrative representatives, partners, managers, factors, employees, contract holders, business managers, trustees, or any other natural or legal person.

The consequences of such unlawful conduct will occur even if they had been completed in an attempt. All of this, without prejudice, of the administrative, civil or criminal responsibilities that may correspond to those who carry out such unlawful conduct.

Officials who are aware of any of the conduct described in this article shall make the relevant and formal complaint to the competent courts and bodies as appropriate.


Dispute settlement

ARTICLE 25. — For all disputes that may eventually arise on the basis of the execution, application and/or interpretation of contracts under the terms of this law, the basis and conditions and the corresponding contractual documentation may determine the possibility of establishing compromise and/or arbitration mechanisms.

In the event of opting for arbitration with extension of jurisdiction, it must be expressly and indelegably approved by the national executive branch and communicated to the Honorable Congress of the Nation.

ARTICLE 26. — Against the awards of arbitral tribunals based in the Argentine Republic, only the appeals for clarification and nullity provided for in article 760 of the Civil and Commercial Procedure Code of the Nation may be lodged in the terms established therein. Such remedies cannot, in any case, lead to a review of the appreciation or application of the facts of the case and the applicable law, respectively.

ARTICLE 27. — The contract may provide that payments accrued by the contracter during the proceedings of the dispute shall be effective insofar as they are not reached by it. In such a case, if the administration or, where appropriate, the technical consultant designated for that purpose, verify that the contractor has duly complied with its contractual obligations, the funds obtained by the dispute shall be deposited by the contracting party, as provided by the regulation, in a security or trust account until its final resolution and shall follow its fate.


Public-private participation unit

ARTICLE 28. — The national executive branch shall establish by regulation a body responsible for the normative centralization of contracts governed by this law. At the request of the tendering bodies or entities, the body will provide advisory, operational and technical support at the stages of project formulation, the development of tender documentation or the execution of the contract. The functions and respective scopes shall be determined by the Executive in its regulation, including:

(a) To advise the Executive in the development of programmes and plans for the development of public-private projects;

(b) Assist the Executive in the preparation of regulatory provisions for the overall functioning of the public-private participation system, as well as general application manuals, guides and contractual models, among others;

(c) To advise on the requirements of contracting entities in the design and structuring of projects, including the conduct of feasibility studies, the preparation of tender documentation, the national and/or international promotion of projects, and the implementation of the selection procedures of contractors;

(d) To advise the procuring entities on the design, organization and operation of activities control systems by their respective contractors;

(e) Assisting contracting entities in the processes of strengthening their capacities for the structuring and control of the development of public-private participation projects;

(f) To assume delegated functions in the structuring and/or control of projects of public-private participation from the respective contracting entities, in compliance with the existing normative framework;

(g) Concentrate all previous documentation of each of the contracts signed in the terms of this law;

(h) Be the responsible entity in the terms of article 30 of Law 27,275.

ARTICLE 29. — The public-private participation unit shall operate a specific public and free Internet consultation site, with a view to providing adequate dissemination of administrative acts, audits and reports related to tenders and contracts under this Act. No tendering or public tendering may be convened before thirty (30) days have elapsed since the public-private participation unit had published in the above-mentioned site all studies and reports relating to the project in question, as well as the opinions of the convocating authority under article 13 of this Act.


Bicameral Commission for the Follow-up to Public-Private Participation Contracts

ARTICLE 30. — Créase the Bicameral Commission for the Monitoring of Public-Private Contracts, which will consist of seven (7) senators and seven (7) deputies of the Honorable Congress of the Nation who will be elected by their respective bodies, respecting the proportionality of the political forces that make up them.

The Commission shall establish its internal structure and issue its own operating regulations, with the mission of following up on projects developed under public-private participation contracts in order to comply with the provisions of article 9 (t) and (x) and article 12 of this Act, as well as verify compliance with this Act, its results and prospects for future development of these contractual modalities.

The Commission shall have access to all relevant documentation, including contracts signed under this regime, and may not object to any such confidentiality clauses. Without prejudice to this, the commission, its members and employees shall ensure the confidentiality of such industrial or commercial information in the terms of the legislation in force, assuming the corresponding responsibilities for disclosure.

The incumbent of the public-private participation unit shall be granted annually to the Commission for the purpose of providing a well-founded report on the status of implementation and compliance of the public-private participation contracts that are in progress as well as on the conditions and characteristics of those projects that the public-private participation unit considers appropriate to develop under that modality during the next two (2) budget periods.

The Commission may make such observations, proposals and recommendations as it deems appropriate by communicating them to their respective bodies.

(Note Infoleg: by art. 16 of the Act No. 27.437 B.O. 10/5/2018 is incorporated into the Bicameral Commission for the Monitoring of Contracts for Public-Private Participation, created by this article, the function of verifying the fulfilment of the obligations and requirements of this law by the obligatory subjects, in particular the effective participation of national production)


General and transitional provisions.

ARTICLE 31. — Contracts subject to this law shall not be directly applicable, supplemental or analogous:

(a) Laws 13.064 and 17.520 and their amendments;

(b) Decree 1.023/2001 amending and regulating them;

(c) Article 765 of the Civil and Commercial Code of the Nation;

(d) Articles 7 and 10 of the Act 23,928 and their amendments.

ARTICLE 32. — For the year 2017, a top of five percent (5%) of the General Budget of the Nation can be used for public-private participation projects, and for the years to come, it is necessary to accurately indicate in the proposed budget the budget items for these projects.

ARTICLE 33. — Invite the provinces and the Autonomous City of Buenos Aires to adhere to this regime.

ARTICLE 34. - Contact the national executive branch.



EMILIO MONZÓ. - FEDERICO PINEDO. - Eugene Inchausti. — Juan P. Tunessi.

Annex I

(It is incorporated as Annex I by Article 63 of the Act No. 27.467 B.O. 4/12/2018 the table attached as an annex to the same article)