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Contracts Contracts For Public/private Participation


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image start infoleg site The Ministry of Justice and Human Rights

Law 27328

Public-Private Participation Contracts.

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.



Of contracts for public-private participation

Article 1-Public-private participation contracts are those concluded between the bodies and entities that make up the national public sector within the scope provided for in Article 8 (2) of Law 24.156 and its amendments (in the form of (a), and private or public subjects in the terms established 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 technological innovation.

Projects under this law may be developed, one or more design, construction, extension, improvement, maintenance, supply of equipment and goods, operation or operation and financing.

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

Public-private participation contracts may be concluded where it is previously established that this mode of procurement allows the public interest objectives to be met to be met.

Article 2-Public-private participation contracts constitute an alternative modality to the contracts governed by the laws 13,064 and 17,520, and their modifications, and by decree 1023/2001 and its modifications.

In cases where public-private participation contracts involve the provision of public services governed by specific regulatory frameworks, such regulatory frameworks shall apply to the provision of such services.

Article 3-Companies and companies in which the national state, the provinces, the Autonomous City of Buenos Aires or the municipalities have a stake, may also conclude contracts for public-private participation in the contractors, acting in a framework of competition and a level playing field with the private sector.

Article 4 °-In the opportunity to structure public-private participation projects and taking into consideration the circumstances and characteristics of each project, the contractor must:

(a) Specify clearly the objectives of public interest which the procurement tends to meet, and provide for the monitoring and enforcement mechanisms for each of the stages to be established for the achievement of the objective; setting the deadlines for each stage;

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

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

(d) Proposition the contract period to be fixed taking into account the contractually committed investments, the financing applied to the project and a reasonable utility, and cannot be exceeded in any case, the 35 (thirty-five) years of duration, including any extensions;

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

f) Promote social inclusion, in the area of project development, in order to optimize access to basic infrastructure and services;

g) Encourage the generation of new jobs and sources in the country, in the framework of the development of infrastructure projects, establishing training plans and programs for workers, giving compliance to labor standards and social security in force;

(h) Incentives for the implementation of intra-generational, inter-generational and inter-regional solidarity mechanisms in the financing of projects;

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

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

k) Promote the development of those projects that contribute to the preservation of the environment and the economic, social and environmental sustainability of the area where they will be implemented, all in accordance with the legislation and the agreements International agreements in force on the subject;

(l) To promote the participation of the interested parties and the competition of bidders, considering the positive externalities that may result from the choice of the contractor in the terms provided for in this article.

Article 5-In the structuring of public-private participation projects, the contractor should promote environmental protection and protection in the field of public-private participation, taking the measures of prevention, mitigation, punishment or compensation, according to the case, of the negative or adverse impacts that are eventually caused to the environment, in accordance with the regulations in force and applicable to each project. The contractual documentation shall specify the obligations which, for the purposes set out above, shall be borne by each of the parties to the public-private participation contract and shall contain the mechanisms to ensure compliance with the contract. part of the contractor of all the obligations which the applicable law may impose on it. To these ends, 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 that are made in the framework of public-private participation projects must be consistent with the financial programming of the State, in a framework of fiscal responsibility and due accounts, in the terms of laws 24.156, 25.152 and other legislation in force.

The National Executive Branch will have to inform the Honorable Congress of the Nation of the fiscal impact of the commitments made and will have to incorporate these fiscal impacts into the respective budget laws, both in respect of the projects initiated and not concluded as the adjudicated but not started.

Also, it should include in the Savings-Investment Scheme-National public sector financing informed by the Secretariat of Finance of the Nation a specific line with the expenditure that in that month demanded the projects covered by the present regime.

ARTICLE 7 °-The bases of the respective contracting may contemplate the formation of a specific society of purpose, of trusts, other types of vehicles, or associative schemes, that will have in charge the subscription and execution until their total termination of the public-private participation contract.

The specific purpose company must be constituted as a public limited company in the terms and conditions laid down in the General Companies Law. In the case of creation of trusts for these purposes, they must be constituted as financial trusts in the terms of the Civil and Commercial Code of the Nation. Companies and trusts referred to in this Article may be entitled to make public offer of negotiable securities 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 purposes 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 a participation in accordance with the provisions of the General Company Law. In such cases, state participation should encourage and be compatible with the participation of the private sector in these companies. The Executive Branch may also create trusts for the same purpose or use existing ones that have sufficient technical capacity to conclude the contracts referred to in this law, provided they do not alter its object. Both the public limited liability companies and the trusts constituted under the terms of this Article may be entitled to make public offer of their securities in accordance with the provisions of Law 26,831.

ARTICLE 9 °-Without prejudice to the provisions of the rules, in the documents and in the contract documents, the contracts for public-private participation shall contain the following provisions:

(a) the term of validity of the contract and the possibility of its extension, in the terms of Article 4 (d) of this Law;

b) The equitable and efficient sharing of contributions and risks between the parties of the contract, with the best conditions to prevent, assume or mitigate them, in order to minimize the cost of the project and to facilitate the conditions of its financing, including, among others, the consequences arising from the fact of the prince, fortuitous case, force majeure, extraordinary economic alea of the contract and the early termination of the contract;

(c) the obligations of the contractor and the contractor according to the characteristics of the project, the risks and contributions assumed and the financing needs;

(d) the mechanisms for monitoring compliance with the obligations assumed and the penalties for contractual non-compliance, their enforcement procedures and forms of enforcement, and the fate of financial penalties;

e) The minimum technical requirements applicable to the infrastructure to be developed, the objective standards of quality and efficiency in the fulfilment of the obligations assumed, as well as their respective mechanisms and measurement procedures, assessment and control;

(f) the form, modality and opportunities for payment of the remuneration which may be perceived, as the case may be, of the users, the contraaor or third parties, as well as the procedures for reviewing the price of the contract for the purposes of preserving the economic-financial equation of the contract;

(g) Where appropriate, the contributions that the contractor undertakes to make during the term of the contract, which may consist, among others, in contributions of money, the transfer of funds obtained from public credit operations, the ownership of goods, for budgetary, fiscal, contractual or any other nature whose disposal is permitted under the applicable rules, in the transfer of rights, in the establishment of area rights for public and/or private property, the granting of guarantees, tax benefits, subsidies, franchises, and/or the granting of rights of use and/or exploitation of public and/or private property, and any other type of concession or other contributions that may be made by the State;

(h) instruments to adapt the modalities of implementation to technological advances and to the needs and requirements of financing that occur during their lifetime;

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

(j) In the event that the parties invoke the existence of an economic and financial imbalance, the public-private participation unit may request a report from the Treasury of the Nation on the matter;

(k) the guarantee of minimum income for the purpose of establishing them;

(l) the guarantee of compliance with the contract to be lodged in favour of the contractor;

(m) the power to provide guarantees in the terms set out in Chapter III of this Law;

(n) the ability of the contractor to provide his/her cooperation in obtaining the financing necessary for the implementation of the project;

(o) the ownership and the system of exploitation, affectation and destination, after the termination of the contract, of the goods, furniture and buildings, which are used and/or which are constructed during its term;

(p) The grounds for termination of the contract for the purpose, the expiry of the period, mutual agreement, the fault of one of the parties, reasons of public interest or other causes with an indication of the procedure to be followed, the compensation in the case of early extinction, its scope and method of determination and payment. In the event of termination of the contract for reasons of public interest, no rule that establishes a limitation of liability, in particular those contained in laws 21,499 and its amending and amending Regulation (EC) No 1023/2001 and amending Regulation (EC) No 1023/2001. The suspension or nullity of the contract for reasons of illegitimacy shall be requested and declared by the competent court;

q) The possibility of giving in, in the terms provided for in Articles 1,614 and following of the Civil and Commercial Code of the Nation, or of giving in guarantee the emerging credit rights of the contract, including the right to receive the contributions committed by the contractor, the relevant remuneration and allowances, as well as the securitization of the relevant fund flows;

(r) the requirements and conditions under which the contractor shall authorise the transfer of the share control of the specific purpose company, and the control of the certificates of participation in the case of trusts, in favour of third parties; as well as in favour of those who finance the project or a company controlled by them, in case the specific purpose of the company or trustee does not meet the conditions of the financing agreements, in order to facilitate their restructuring and ensuring the continuity of the emerging performance of the contract;

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

(t) the power to assign, in whole or in part, the contract to a third party provided that the third party meets similar requirements as the transferor and at least 20% (20%) of the original term of the contract or the investment committed; What is happening before.

Prior to the authorization of the transfer by the contraaing authority, an informed opinion of the body exercising control of the performance of the contraa shall be given on the fulfilment of the above conditions and on the basis of the regarding the degree of compliance with the obligations assumed by the ceding contractor, and the opinion of the Attorney General's Office on the risks assumed by the national state. This opinion should be informed to the Bicameral Commission for the Monitoring of Public-Private Participation Contracts, created by Chapter IX of this Law.

Prior to the improvement of any transfer, and with the intervention of the public-private participation unit, the smooth and plain acceptance of the financiers, guarantor, guarantors and guarantors must be obtained, and the authorization of the contractor, with intervention of the public-private participation unit. Any transfer that takes place in accordance with the proceeds referred to in this subparagraph shall produce the effect of releasing the transferor from any obligation originally assumed under the contract, unless a separate solution is available in the contract.

(u) the ability to subcontract prior communication to the contractor and with its approval and consent. In the case of subcontracting, the contractor shall, preferably, opt for domestic enterprises and/or local small and medium-sized enterprises;

(v) The specification of the movable and immovable property which will be reversed or which will be transferred to the national state upon termination of the contract, with the agreement that the ownership of the work or infrastructure to be constructed will only be transferred to the State completion of the performance of the contract;

(w) The procedures and methods to be applied to settle disputes of a technical, interpretative or patrimonial nature that may arise during the execution and termination of the contract. For these purposes, a technical panel may be established 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 matter, which shall remain throughout the period of execution in order to elucidate the issues of such a nature that arise between the parties;

(x) In the case of opting for arbitration to settle other disputes, the respective arbitration clause shall be included in accordance with this law. The National Executive Branch shall immediately inform the Honorable Congress of the Nation, in case the arbitration with an extension of jurisdiction is optioned.

ARTICLE 10. -In all cases of early termination of the contract by the contractor, prior to the taking of the assets, the total amount of the compensation that could correspond according to the contract must be paid to the contractor. the valuation methodology and the determination procedure to be established in this respect in the rules and in the relevant contractual documentation, which in no case may be less than the unamortised investment.

Also, in all cases, the repayment of the financing applied to the development of the project must be ensured.

The foregoing does not imply that the contractor should not compensate for damages to the benefit of the contractor that would have been provided for in the contract.

ARTICLE 11. -The liability of the contracting parties shall be subject to the provisions of this law, in its rules, in the documents and in the contract. The relevant rules of the Civil and Commercial Code of the Nation will be applied.


Of the selection procedures

ARTICLE 12. -The selection of the contractor will be made by means of the tender procedure or public, national or international competition according to the technical complexity of the project, the capacity of local companies to participate, economic reasons and/or (a) financial resources linked to the project's characteristics, the available procurement capacity, and/or the origin of the funds in the case of projects that have or require external financing.

Transparency, publicity, dissemination, equality, competition and competition must be ensured in the selection procedures and acts dictated accordingly. For these purposes, the contraaor shall seek the comparability of the proposals, ensuring the homogeneity of criteria, providing and establishing, clearly, the bases, requirements and other projections that are necessary for the preparation of tenders.

The procurement procedures shall promote, in accordance with the characteristics of the project, the direct or indirect participation of small and medium-sized enterprises and the promotion of industry and national work.

As regards the provision of goods and services to be carried out in the framework of contracts concluded under this law, the documents and other contractual documents shall contain provisions establishing that such goods and services are to be provided and services have at least thirty-three percent (33%) of the national component. The national executive branch shall determine what is to be understood by "national component" and by "technological disaggregation" taking into account the kind of goods and services concerned and the nature of the projects to be developed. Likewise, the preferences established by law 25,551 in favor of goods of national origin will be applied in the contracts that are made under this law.

In particular cases, the national executive branch may exempt or limit the requirements and preferences referred to in the preceding paragraph in those contracts in which the unit for public-private participation, by means of an opinion and prior to the 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 Tracking of Public-Private Participation Contracts created by this law may at all times require the public-private participation unit or the contracting authority and the projects in progress, which reports on the fulfilment of the requirements set out in the preceding paragraphs, as well as the transfer of technology in favour of the national industry and the recruitment of human resources and human talent the country.

ARTICLE 13. -Prior to the call for tender or public tender for the award and subsequent conclusion of a contract for public-private participation, and without prejudice to the fulfilment of the provisions of the second paragraph of Article 29 of the This law, the convening authority shall issue an opinion on the following aspects:

(a) The feasibility and justification of the procurement by the conclusion of a public-private participation contract, on the basis of the public-private participation unit, stating the reasons for which the contract is considered to be public interest will be best served by using this modality in relation to other available contractual alternatives;

(b) The impact that the expenditure or its 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 effect of the contract for the financial years during which the contract will be executed;

(d) Estimation of the adequacy of the flow of public resources, during the term of the contract and for each financial year committed, for the fulfilment of the obligations incurred;

e) The externalities that the project will cause, including the estimate of the likely future revenue stream that will generate the development of the project in favor of the relevant jurisdictions;

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

(g) The environmental partner impact of the project;

(h) Cost-benefit assessment in respect of the use of this contractual mode, taking into account the risks in the event of termination of the contract;

(i) Assessment of the equitable distribution of risks disposed between the parties in accordance with the principles contained in Article 4 of this Law, which shall be identical to that laid down in the contract;

(j) Other data enabling the assessment of the appropriateness of implementing the project by means of a public-private participation contract.

The opinion referred to in this Article shall be communicated by the appointing authority to the public-private participation unit for the purposes of Article 29 of this Law and shall include the relevant documentation. contract.

ARTICLE 14. -where the complexity or amount of the project is justified, a transparent consultation, debate and exchange of views procedure may be established between the contractor and the pre-qualified persons who, based on the experience, technical knowledge and best practices available to each of the parties, to develop and define the most appropriate solution to the public interest on the basis of which tenders are to be made. The implementation of this procedure should ensure the intervention of the public-private participation unit and ensure transparency, competition, publicity, dissemination, effective competition and simultaneous and in-conditions participation. (a) equality of all interested parties, promoting, among other factors and in accordance with 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 15. -the award must be made to the tender which is considered to be the most appropriate for the public interest, being in accordance with the conditions laid down in the tender or tender basis and after obtaining the opinion of the unit of participation public. The tender documents must promote in their selection guidelines criteria which determine comparative advantages in favour of the national companies on the foreign and those in favour of those considered micro, small and medium-sized enterprises as laid down in law 25,300, unless the public-private-participation unit which is established by this law, by means of a well-founded report, justifies the desirability or necessity of its exclusion under the conditions and particular needs of the project.

ARTICLE 16. -where the public-private participation contract commits resources from the public budget, prior to the call for tender or invitation to tender, the authorization to commit future financial years provided for in Article 15 shall be taken into account. of Law 24.156 and its amendments, which may be granted in the respective general budget law or in special law, provided that the stock accumulated by the firm commitments and quantifiable quotas, net of income, assumed by the non-financial public sector in the calculated public-private participation contracts at present value does not exceed 7% (7%) of the gross domestic product at current prices of the previous year.

This limit may be reviewed 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 the commitments on the sustainability of finances. public.

ARTICLE 17. -The selection procedures relating to any contract concluded in the terms of this law are compatible with private initiative procedures.


Of the payment and guarantee obligations

ARTICLE 18. -the payment obligations assumed in accordance with this law by the contraaor, may be sold and/or guaranteed by:

a) The specific affectation and/or transfer of tax resources, assets, funds and any kind of credits and/or public income, with the corresponding authorization of the Congress of the Nation;

b) The creation of trusts and/or use of existing trusts. In this case, the trust property of tax resources, credits, assets, funds and funds may be transmitted, exclusively and irrevocably and in accordance with the provisions of Article 1,666 of the Civil and Commercial Code of the Nation. any kind of public income; for the purpose of solving and/or guaranteeing payment of the pecuniary obligations assumed in the contract, with the corresponding authorization of the Congress of the Nation;

(c) the granting of guarantees, guarantees by entities of recognized solvency in the domestic and international market and/or the establishment of any other instrument that fulfils the guarantee function, provided that it is admitted by the Current rules.

ARTICLE 19. -guarantees may be provided on the rights of exploitation of public or private domain goods which would have been granted to the contractor to ensure the repayment of the financing necessary to carry out the projects carried out within the framework of this law.

ARTICLE 20. -In the case provided for in Article 18 (b), the relevant escrow contract in which the role of the trustee must be performed by a financial institution duly authorized to operate in the terms of the the current regulation.

The contract shall provide for the existence of a reserve of liquidity and its quantum that will integrate the fiduciary patrimony, whose constitution, maintenance and costs will be in charge of the trustee.

Also, the obligation of the trustee to develop an investment manual subject to the approval of the trustee.

In no case shall the trustee or other public bodies of any nature give instructions to the entity that is acting as a trustee, who shall act in accordance with the terms and conditions laid down in the respective the contract of trust and subject to the norms in this law and in the Civil and Commercial Code of the Nation.

The audit reports relating to the use and application of the fideicomitting assets and resources shall be communicated to the authority designated by the regulation, without prejudice to the provisions of Law 24.156 and its amendments.

The trust agreement shall establish the organ or entity of the national public administration which, at the end of the escrow contract, shall be the trustee of the goods in due time.


Regulation and control of the performance of the contract

ARTICLE 21. -The functions of regulation and police power of the State are inselectable. The fulfillment of the contracts to be concluded in the terms of this law shall be subject to the control of the contraaor or the body created for that purpose in the respective jurisdiction.

The contractor will have extensive inspection and control powers, which may require all types of information related to the performance of the contract and the development of the project, guaranteeing the confidentiality of the information of commercial nature or in the terms of the legislation in force.
The rules or the documents may provide for the possibility of attending external auditors with sufficient technical suitability, independence and impartiality and proven national or international trajectory to control the implementation of the projects.

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


Incompatibilities for hiring

ARTICLE 23. -They may not assume the status of bidders or contractors, by themselves or by person, who are included in any of the following situations:

(a) the capacity or legitimacy to contract with the State, in general, or with the contractor, in particular;

b) Haber acted as consultants hired by the contractor in the implementation of the project in which they intend to participate as potential bidders;

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

(d) to have bankruptcy proceedings;

(e) If, within the 3 (three) calendar years preceding the date of the last publication of the public appeal, the decision for non-compliance with his part of a contract concluded with the national State has been issued, in general, or with the contractor, in particular;

(f) There shall be penalties for violations of environmental standards provided that the resolution is firm and applied within 24 (24) months prior to the public appeal;

(g) Debit tax and/or pension credits to the Federal Administration of Public Revenue determined by an administrative act or a firm judgment.

(h) Those prosecuted by a firm order and those convicted of any of the crimes provided for in titles XI, XII and XIII of the Criminal Code of the Nation.

Those who are in any of the above mentioned assumptions shall also be unable to be a member of an offeror entity or entity or as a subcontractor of the undertaking or entity, directly or through another controlled entity, linked to or forming part of an economic package with it. Even the prohibition shall be given in the event that it is proved that, for reasons of direction, participation or other circumstances, it may be assumed that they are a continuation, or that they derive from those undertakings which are included in one or more of the above reasons.



ARTICLE 24. -Without prejudice to the provisions of the current legislation, it will be a determining factor of the rejection without further processing of the proposal or offer in any state of the tender giving or offering money or any gift in order to:

(a) Officials or public employees with competence at any stage of the procedure established by this law who do or cease to do anything relating to their functions, or to assert the influence of their office before another official or public employee with the competence described, in order for them to do or to stop doing something concerning their functions;

(b) Any person shall assert their relationship or influence over an official or public employee with the competence described, so that they may do or cease to do anything relating to their duties.

Those who have committed such acts in the interests of the contractor, directly or indirectly, shall be considered to be active subjects of this conduct, whether as managing representatives, partners, leaders, managers, factors, employees, contractors, business managers, syndicates, or any other natural or legal person.

The consequences of these illicit conduct will occur even if they have been consummated in an attempt. This shall be without prejudice to any administrative, civil or criminal liability which may be the responsibility of those who carry out such unlawful conduct.

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


Dispute settlement

ARTICLE 25. -For all disputes which may arise as a result of the execution, application and/or interpretation of the contracts concluded under the arrangements provided for in this Law, the documents of bases and conditions and the documentation Member States may decide on the possibility of establishing arrangements for compromise and/or arbitration.

If the arbitration is to be optioned with an extension of jurisdiction, it must be approved in an express and indomitable form 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 Republic of Argentina, only the resources of clarification and nullity provided for in Article 760 of the Code of the Civil and Commercial of the Nation, in the terms there, may be filed. established. Such remedies may in no case give rise to the review of the assessment or application of the facts of the case and of the applicable law, respectively.

ARTICLE 27. -The contract may provide that the payments to be made by the contractor during the procedure of the dispute must be effective in so far as they are not achieved 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 reached by the dispute shall be deposited by the contractor. If the rules are available, a guarantee or escrow account will be used up to the final resolution and will remain in place.


Public-private participation unit

ARTICLE 28. -The national executive branch must create by regulation an organ that has in charge the normative centralization of the contracts governed by this law. At the request of the contracting authorities or bodies, the body shall provide advisory, operational and technical support in the stages of the formulation of the project, the preparation of the tender documentation or the performance of the contract. The functions and the respective scope will be determined by the Executive Branch in its regulations, covering, among others:

a) Advising the Executive Branch in the development of programs and plans for the development of public-private participation projects;

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

c) To advise on the requirements of the contracting entities in the design and structuring of the projects, covering the performance of feasibility studies, preparation of legal documentation, national and/or international promotion of the projects, and in the implementation of the procedures for the selection of contractors;

(d) to advise the contracting entities on the design, organization and operation of control systems for the activities of their respective contractors;

(e) Contracting entities in the processes of strengthening their capacities for the structuring and control of the development of public-private participation projects shall be required.

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

(g) to concentrate all the background documentation on each of the contracts signed in the terms of this law;

(h) Be the entity responsible under the terms of Article 30 of Law 27.275.

ARTICLE 29. -the public-private participation unit must implement a specific site for public consultation and free of charge on the Internet, in order to give appropriate dissemination to administrative acts, audits and reports relating to invitations to tender and contracts to be concluded under this law. No invitation to tender or public tender may be convened before 30 (30) days have elapsed since the public-private-participation unit had published all of the studies and reports on the site above. concerning the project in question, as well as the opinions of the convening authority in the terms of Article 13 of this Law.


Bicameral Commission for the Tracking of Public-Private Participation Contracts

ARTICLE 30. -Create the Bicameral Commission for the Follow-up of Public-Private Participation Contracts, which will be composed of seven (7) senators and seven (7) deputies of the Honorable Congress of the Nation who will be elected by their respective Corps, respecting the proportionality of the political forces that make up them.

The Commission will establish its internal structure and dictate its own rules of operation, with the task of monitoring the projects developed under public-private participation contracts for the purposes of implementing the Article 9 (t) and (x) of this Law and Article 12 of this Law, as well as verify compliance with this law, its results and the prospects for the future development of these contractual arrangements.

The Commission shall have access to all relevant documentation, including contracts signed under this scheme, and any confidentiality clauses in such contracts may not be subject to such effects. Without prejudice to this, the commission, its members and employees shall ensure the confidentiality of the information of an industrial or commercial nature of that character in the terms of the legislation in force, assuming the responsibilities corresponding to their disclosure.

The holder of the public-private-participation unit shall, on an annual basis, appear before that Commission for the purpose of providing a well-founded report on the state of implementation and enforcement of public-private participation contracts which are In this context, the Commission will be able to find in progress on the conditions and characteristics of those projects which the public-private-participation unit would consider appropriate in the course of the next two (2) exercises. budget.

The Commission may make the comments, proposals and recommendations it considers relevant to the respective Bodies.

( Note Infoleg : by art. 16 of the Law No 27,437 B.O. 10/5/2018 is incorporated into the Bicameral Commission for the Tracking of Public-Private Participation Contracts, created by this article, the function of verifying compliance with the obligations and requirements of this law by the subject to the obligation, in particular the effective participation of national production)


General and transitional provisions.

ARTICLE 31. -For the purposes of this law, they shall not be directly applicable to them, as they may be, or analogical:

(a) Laws 13,064 and 17,520 and amending them;

(b) Decree 1.023/2001 its amendments and its rules;

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

(d) Articles 7 and 10 of Law 23,928 and its amendments.

ARTICLE 32. -For the financial year 2017, a ceiling of 5 percent (5%) of the General Budget of the Nation will be established, which can be used for public-private participation projects. The budget is allocated to the budget headings for these projects.

ARTICLE 33. -Invite the provinces and the Autonomous City of Buenos Aires to adhere to the present regime.

ARTICLE 34. -Contact the national executive branch.



EMILIO MONZO. -FEDERICO PINEDO. -Eugenio Inchausti. -Juan P. Tunessi.