Participation Contracts Public - Private

Original Language Title: Contratos de Participación Público - Privada

Read the untranslated law here: https://www.boletinoficial.gob.ar/#!DetalleNorma/11513411/20170116

CONTRACTS contract law 27328 participation contracts public - private.
The Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: chapter I article 1 - contracts of public-private partnerships public-private participation contracts are those entered into between organs and entities that make up the national public sector with the coverage provided in article 8 of the law 24.156 and its modifications (in character as a contractor), and public or private subjects in the terms set out in this Act (as contractors) in order to develop projects in the fields of infrastructure, housing, activities and services, productive investment, applied research or technological innovation. Projects to be developed under this Act may be designed, one or more activities of design, construction, enlargement, improvement, maintenance, supply of equipment and goods, exploitation or operation and financing. The design of the contracts will have the flexibility to adapt their structure to the particular demands of each project and its financing, according to the best international practices in the matter. Contracts of public-private partnerships may be held when previously determined that this type of contracting allows to meet the objectives of public interest aimed to satisfy.
Article 2 ° - contracts of public-private partnerships are a form of alternative to contracts regulated by 13.064 and 17.520 laws, and its amendments, and by Decree 1023 / 2001 and its amendments. In cases in which contracts of public-private partnerships involve the provision of public services governed by the specific regulatory frameworks, these regulatory frameworks will be applicable to the provision of such services.
Article 3 - the companies and societies in which the national State, the provinces, the autonomous city of Buenos Aires or municipalities have participation, may also conclude contracts of public-private partnerships in character of contractors, acting within a framework of competition and a level playing field with the private sector.
(https://www.boletinoficial.gob.ar/pdf/linkQR/bENQQ1BQQTRaOVpycmZ0RFhoUThyQT09 item 4° - on the occasion of structuring projects of public-private partnerships and taking into consideration the circumstances and characteristics of each project, the contractor must: to) clearly specify the objectives of public interest that the recruitment responds to, and contemplate the mechanisms of monitoring and control of compliance with each of the stages established for achieving the goal setting deadlines that correspond to each stage; b) to promote efficiency and effectiveness in the performance of the functions of the State and in the use of public resources; (c) respect the interests and rights of recipients of services or activities referred to in article 1 and the subjects involved in the projects of public-private partnerships; (d) support to the term of the contract be set taking into account contractually committed investments, applied to the project financing and a reasonable utility, not can in no case exceed the 35 (thirty-five) years in duration, including their possible extensions; (e) assess the economic and/or social profitability of the projects; f) promote social inclusion, in the area of development of projects, so just to optimize access to infrastructure and basic services; (g) encourage the generation of new jobs and jobs in the country, within the framework of the development of infrastructure projects, establishing plans and training programs for employees, complying with labour standards and the existing social security; (h) encourage the implementation of mechanisms for interregional, intergenerational and intra-generational solidarity in funding the projects; (i) encourage the direct or indirect participation of small and medium-sized enterprises, the development of entrepreneurship in the private sector, the generation of added value 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 international capital markets; (k) promote the development of projects that contribute to the preservation of the environment and the economic, social and environmental sustainability of the area where they will be executed, in accordance with the legislation and existing international agreements on the subject; (l) promote the concurrence of stakeholders and competition from bidders, whereas the positive externalities which may result in the choice of the contractor under the terms provided in this article.
Article 5 ° - in the structuring of projects of public-private partnerships, the contractor should promote protection and environmental care in the field of them, taking measures of prevention, mitigation, punishment or compensation, according to case, negative or adverse impacts that eventually cause to the environment, in accordance with the rules applicable to each project and existing. Obligations which, for the purposes previously outlined, should be borne by each of the parties of the contract of public-private partnerships and contain mechanisms that ensure the fulfilment by the contractor of all obligations applicable law may impose in this regard should be specified in the contractual documentation. For these purposes, prior to the approval of the contractual documentation, you should take intervention the Ministry of environment and sustainable development of the nation.
Article 6 - the expenditures and commitments that are assumed in the framework of projects of public-private partnerships should be consistent with the financial programming of the State, in a framework of fiscal responsibility and the proper accountability, in terms of laws 24.156, https://www.boletinoficial.gob.ar/pdf/linkQR/bENQQ1BQQTRaOVpycmZ0RFhoUThyQT09

25.152 and other legislation. The national executive power shall inform the Honourable National Congress the fiscal impact of the commitments undertaken and must incorporate such fiscal impacts on the respective laws of budget, both in relation to projects initiated and not completed as the awarded but not started. Also, you must include in the savings-investment scheme - financing of the national public sector reported by the Ministry of Finance of the nation a specific line with spending in that month sued the projects covered by this scheme.
Article 7 ° - the bases of the respective Contracting may contemplate the establishment of a partnership of purpose, trusts, other types of vehicles, or associative schemes, that will take in charge the signing and execution to full completion of the contract for public-private partnerships. The specific purpose entity shall constitute as a corporation on the terms and conditions provided for in the corporations law. In the case of creation of trusts for these purposes, they must be constituted as financial trusts under the terms of the code of Civil and commercial of the nation. Societies and trusts referred to in this article may be enabled to make public offering of securities in accordance with the provisions of the Law 26.831.
Article 8 ° - the national executive power shall, according to the characteristics of the project and for the purpose of acting as contractor or as part of the contractor Consortium, as appropriate in each case, create joint-stock companies in which the State will have participation pursuant to the corporations law. In these cases the State participation should encourage and be compatible with the participation of the private sector in these societies. The Executive branch may also create trust funds for the same purpose or have the use of the already existing ones which have sufficient technical capacity to conclude contracts referred to in this law, provided that its object is not disturbed. Both corporations and trusts constituted in accordance with this article may be enabled to make public offering of its securities in accordance with the provisions of law 26.831.
Article 9 ° - without prejudice to what is established in regulations, specifications and contractual documentation, contracts of public-private partnerships shall contain the following provisions: to) the term of the contract and the possibility of its extension, in terms of article 4, subparagraph d), of this law; (b) the equitable and efficient distribution of contributions and risks between the parties of the contract, looking at the effect the best conditions to prevent them, take them or mitigate them, so just to minimize the cost of the project and facilitate their financing conditions, including, among others, the consequences of the fact of the Prince, case incidentally, force major, extraordinary economic alea's contract and the early termination of the contract; (c) the obligations of the contractor and the contractor depending on the characteristics of the project, the risks and taken contributions and financing needs; (d) the mechanisms of control of compliance with obligations and sanctions for contractual breach, their procedures of application and forms of execution, and the fate of the sanctions of a pecuniary nature; (e) the minimum technical requirements applicable to infrastructure to develop, standards https://www.boletinoficial.gob.ar/pdf/linkQR/bENQQ1BQQTRaOVpycmZ0RFhoUThyQT09

objectives of quality and efficiency in the fulfilment of obligations, as well as their respective mechanisms and procedures of measurement, evaluation and control; (f) form, modality, and opportunities for payment of the remuneration that may be perceived, according to cases, users, the contractor or third parties, as well as the procedures for review of the contract price for the purposes of preserving the financial equation of the contract; (g) where appropriate, the contributions that the Contractor undertakes to carry out during the term of the contract, which may consist of, among others, contributions of money, transfer of proceeds of operations of public credit, ownership of assets, credits budgetary, fiscal, contractual or any other nature whose assignment is admitted by applicable regulation, the transfer of rights , in the Constitution of rights of surface property of the public and/or private domain, the granting of guarantees, subsidies, tax benefits, franchise, or the granting of rights of use and/or exploitation of the public or private property, and any other type of award or other susceptible to be made by the national State contributions; (h) the instruments allowing to adapt the modalities of execution to technological advances and the needs and requirements of financing that occur throughout his life; (i) the Faculty of public administration national or contracting to unilaterally establish variations to the contract only in relation to the execution of the project, and this by up to a maximum limit, more or less, of twenty percent (20%) of the total value of the contract, properly compensating the alteration, preserving the original economic-financial balance of the contract and the possibilities and conditions of financing; j) where parties from invoking the existence of financial imbalance, public-private participation unit may request report of the procurement of the treasure of the nation in this regard; (k) the guarantees of minimum income in the case of having decided to establish them; (l) guarantees of performance of the contract must be constituted in favour of the Contracting Party; (m) the right to constitute guarantees in the terms provided for in chapter III of this law; (n) the Faculty of the contracting party provide its cooperation for securing the financing necessary for the execution of the project; (o) the ownership and the regime of exploitation, affectation, and destination, after the completion of the contract, the real and personal property, used or to be built during his term; (p) the grounds for termination of the contract by compliance with the object, expiration of the term, mutual agreement, blame any of the parties, reasons of public interest or other grounds with an indication of the procedure to follow, offsets from in cases of early extinction, their scope and determination and payment method. In the case of termination of the contract for reasons of public interest, shall not apply directly, extra or analog any rule that establishes a limitation of liability, in particular those contained in laws 21.499 and its modifications and 26.944 and Decree 1023 / 2001 and its amendments. Suspension or annulment of the contract for reasons of illegitimacy should be requested and declared by the competent court; (q) the possibility of yield, in the terms provided for by the articles 1614 and following of the Civil Code and commercial of the nation, or to guarantee credit rights emerging from the contract, including the right to receive the contributions pledged by the contracting, remuneration and relevant compensation, as well as the securitization of the relevant cash flows; (r) the requirements and conditions according to which the contracting shall authorize the transfer of the shareholding control of society of purpose, and the control of the certificates of participation in the case of trusts, in favour of third parties, as well as in favor of those who financed the project or a company controlled by them, in case that the company or special purpose trust fail to meet https://www.boletinoficial.gob.ar/pdf/linkQR/bENQQ1BQQTRaOVpycmZ0RFhoUThyQT09

the terms of the agreements of financing, in order to facilitate their restructuring and to ensure the continuity of the emerging features of the contract; (s) the Faculty of Parties temporarily suspend the execution of its benefits in the event of breach of the obligations of the other party, delimiting the assumptions for their origin; (t) the Faculty of yield, total or partially, contract to a third party provided that this meet similar requirements as the assignor and after, at least, twenty per cent (20%) of the original term of the contract or of the investment committed, whichever occurs earlier. Prior to the authorization of the assignment by the contracting authority, there must be a founded ruling by the body that exercises control of the execution of the contract on the fulfilment of the above conditions as well as with respect to the degree of fulfilment of the obligations assumed by the assignor contractor, and opinion of the procurement of the treasure of the nation about the risks it assumes the State. That opinion must be reported to the Bicameral Commission for follow-up on contracts of participation public - private, created by chapter IX of this law. Prior to the improvement of any assignment, and participation unit involving public-private, must be obtained outright acceptance of financiers and guarantors, guarantors, guarantors, and the authorization of the Contracting Party, with the intervention of the unit of public-private partnerships. Any assignment which is realized as with the precautions earlier referred to in this subsection, it will produce the effect of release the assignor of any obligations originally assumed under the contract, except as provided in the contract a different solution; (u) the Faculty of subcontracting prior communication to the contracting and approval and consent. In case of subcontracting, the contractor may choose, preferably, by national companies and/or small and medium local enterprises; (v) the specification of movable and immovable property which revert or that will be transferred to the national State to extinguish the contract, being able to agree that the ownership of the work or infrastructure that is built just moves to the State at the end of the execution of the contract; (w) the procedures and methods which will result from application to settle controversies of patrimonial, interpretative or technical nature which may arise during the implementation and completion of the contract. To this effect, may constitute a technical panel of the entry into the contract, consisting of professionals and representatives of universities, national or foreign, in all cases, accredited independence, impartiality, suitability and national and international experience in the matter, which shall continue throughout the period of implementation to elucidate the issues of such a nature that they may arise between the parties; x) in the case of choosing by way of arbitration to resolve other disputes, the respective arbitral clause in accordance shall include with the provisions of the present law. The national executive power shall immediately inform the Honourable Congress of the nation, in the event that it chooses by arbitration with extension of jurisdiction.
ARTICLE 10. -In all cases of early termination of the contract by the contractor, prior to the takeover of the assets, will be charged to the contractor the total amount of compensation that could be applicable according to the methodology of valuation and procedure for determination in this respect are established in the regulation and the relevant contractual documentation which in no case may be less than the investment not redemption. Also, in all cases shall ensure the repayment of financing applied to the development of the project. The above does not imply that the contractor should not compensate damages on behalf of the contractor that had been foreseen in the contract.

https://www.boletinoficial.gob.ar/pdf/linkQR/bENQQ1BQQTRaOVpycmZ0RFhoUThyQT09 article 11. -The liability of the Contracting Parties shall be subject to the provisions in this law, in its regulation, in the tender and contract. The relevant rules of the Civil Code and commercial of the nation shall apply additionally.
Chapter II of selection procedures

ARTICLE 12. -The selection of the contractor will be using the procedure of tender or public, national or international competition according to the technical complexity of the project, the capacity of participation of local firms, economic and/or financial reasons related to the characteristics of the project, available contracting capacity, and/or the origin of the funds in the case of projects that have or require external financing. Transparency, advertising, broadcasting, equality, competition and competition in selection and acts accordingly dictated procedures must be guaranteed. For these purposes, the contracting must ensure the comparability of proposals, guaranteeing the uniformity of criteria, supplier and establishing, with clarity, the foundations, requirements and other projections that are necessary for the preparation of tenders. According to the characteristics of the project, procurement procedures shall promote 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 the contracts concluded under the protection of this law, the specifications and other contract documentation shall contain provisions that establish that such goods and services have, as a minimum, a thirty-three percent (33%) of national component. The national executive power shall determine what should be understood by "national component" and "technological breakdown" taking into account the class of goods and services in question and the nature of the projects to be developed. Also, preferences set by the law in favour of goods of national origin 25.551 will be apply to contracts that are carried out under the protection of this law. In particular cases, the National Executive may exempt or limit requirements and preferences referred to in the preceding paragraph in those engagements in which the unit of public-private partnerships, through prior intervention by the Ministry of production and founded opinion, justifies the desirability or necessity of such exception or limitation under the conditions or particular needs of the project. The Bicameral Commission for follow-up on contracts of private participation which is created by this law may require at all times to the public-private participation unit or the contracting authority and with respect to projects in progress, which report on the implementation of the requirements contained in the preceding paragraphs, as well as also with respect to the transfer of technology in favour of the domestic industry and the procurement of resources and human talents in the country.
ARTICLE 13. (-Prior to making the call for tender or public tender for the award and subsequent conclusion of a contract for public-private participation, and without prejudice to compliance with the prescribed in the second paragraph of article 29 of this law, the convening authority shall issue an opinion concerning the following aspects: to) the feasibility and justification of hiring through the conclusion of a contract of participation public-private https://www.boletinoficial.gob.ar/pdf/linkQR/bENQQ1BQQTRaOVpycmZ0RFhoUThyQT09 previous intervention of the public-private participation unit, exposing the reasons why it is considered that the public interest will be better served through recourse to this method against other contractual alternatives available; (b) the impact of costs or their increases generated by this engagement on the fiscal outcome goals laid down 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) estimate of the sufficiency of the flow of public resources, during the term of the contract and each committed financial year, for the fulfilment of their obligations; (e) the externalities which will result in the project, including the estimate on the likely future income stream that will generate the development of the project in favour of the relevant jurisdictions; (f) the impact which will result in the project in the generation of employment, and the promotion of small and medium-sized enterprises and national industry in general; showing the amount of direct and indirect jobs that they will be generated through the project estimated, as well as the percentage of participation of the industry in general and of small and medium-sized enterprises in particular is estimated to take place, in a direct or indirect way during the execution of the project; (g) the impact environmental partner which will result in the project; (h) evaluation of cost-benefit with respect to the use of this type of contract, whereas the risks in the event of termination of the contract; (i) evaluation on the equitable distribution of risks arranged among the parties in accordance with the principles contained in article 4 of this law, which shall be identical to that provided for in the contract; (j) any other information allowing to assess the appropriateness of the project through a public-private participation contract. The opinion referred to in this article shall be communicated by the convening authority to the unit of public-private partnerships for the purposes of the provisions of article 29 of this law and integrate the respective contractual documentation.
ARTICLE 14. -Where the complexity or amount of the project warrant it a transparent procedure for consultation, may establish debate and exchange of views between the contracting and prequalified applicants, based on the experiences, know-how and best practices available by each of the parties, allows to develop and define the most convenient solution to the public interest on the basis of will have to formulate tenders. The implementation of this procedure must ensure the intervention of public-private participation unit and ensure transparency, competition, advertising, broadcasting, effective competition and simultaneous and participation on equal terms by all stakeholders prequalified, 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 the industry and the national work.

ARTICLE 15. -The award shall lie in the offer that is considered most suitable for the public, being interest in accordance with the conditions established in the bases of the tender or competition and after obtaining the opinion of the public-private participation unit. The tender specifications shall promote in its patterns of selection of the successful bidder criteria that determine comparative advantage in favor of domestic companies on foreign women and those in favor of considered micro, small and medium-sized enterprises in accordance law 25.300, except that unit-private that he is created by this law, by participation review founded justifies the desirability or necessity of their exclusion in the conditions and needs of the project.
https://www.boletinoficial.gob.ar/pdf/linkQR/bENQQ1BQQTRaOVpycmZ0RFhoUThyQT09 article 16. -In the event that the contract of public-private partnerships engage public budget resources, prior to the call to competition or bidding must have is authority to commit future periods provided for in article 15 of the 24.156 law and its amendments, which may be granted in the respective general budget act or special Act, provided the stock accumulated by the firm and contingent commitments quantifiable net income, incurred by the non-financial public sector in public-private partnerships contracts calculated at present value, does not exceed seven per cent (7%) of the gross domestic product at current prices of the previous year. This limit may be revised annually, along with the treatment of the budget Act, taking into account the requirements of infrastructure and utilities in the country and the impact of the commitments on the sustainability of public finances.
ARTICLE 17. -Procedures of selection any contract that is concluded under the terms of the present law are compatible with procedures of private initiative.
Chapter III obligations of payment and guarantees article 18. (-Payment obligations in the framework of the provisions of this Act by the Contracting Party, may be solved and/or guaranteed through: to) specific involvement and/or the transfer of tax resources, goods, funds, and any kind of credits and/or public revenue, with the authorization of the Congress of the nation; (b) the creation of trusts or use of existing trusts. In this case you may transmit, in exclusive and irrevocable way and in accordance with the provisions of article 1.666 et seq. of the Civil Code and commercial of the nation, fiduciary property tax resources, goods, funds and any kind of public revenue; in order to solve or guarantee the payment of pecuniary obligations in the contract, with the authorization of the Congress of the nation; (c) the granting of sureties, guarantees, assurances from entities of recognized in national and international markets or the Constitution of any other instrument that meets function warranty, provided that it is supported by the existing system.
ARTICLE 19. -May act guarantees the rights of exploitation of the assets of the public or private domain which had been granted to the contractor to ensure the repayment of the financing needed to carry out the projects carried out within the framework of this law.
ARTICLE 20. (- In the case referred to in article 18, subparagraph (b)), you must subscribe the relevant trust agreement under which the role of the trustee shall be performed by a duly authorized financial institution to operate under the terms of the existing regulation. The contract must provide for the existence of a reserve of liquidity and its quantum that will integrate the trust property, whose Constitution and maintenance costs will be in charge of the settlor. Also, the obligation of the trust to develop a manual of investments subject to the approval of the trustor. In any case the settlor or other public bodies of any kind can provide https://www.boletinoficial.gob.ar/pdf/linkQR/bENQQ1BQQTRaOVpycmZ0RFhoUThyQT09 instructions to the entity that perform as trustee, who shall act in accordance with the terms and conditions set forth in the respective contract of trust and subject to the regulated in this law and in the code of Civil and commercial of the nation. The audit reports on the use and application of the goods and resources held in trust shall be communicated to the authority designated by regulation, without prejudice to the 24.156 law and its amendments. The trust contract shall establish the organ or entity of the national civil service that at the end of the trust contract shall be the trustee of the timely trust property.
Chapter IV regulation and control of the execution of the contract article 21. -The control and power of State police functions are delegated. The fulfillment of contracts concluded under the terms of the present law shall be subject to the control of the contracting or the body created for that purpose in the respective jurisdiction. The contractor will have broad powers of inspection and control, and may require any information linked to the fulfilment of the contract and the project development, guaranteeing the confidentiality of commercial or industrial information in the terms of current legislation. Regulation or the specifications may provide the possibility to go to external auditors with sufficient technical suitability, independence and impartiality and proven track record national or international to control the execution 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 partnerships contracts, its development and outcome.
Chapter V incompatibilities for hire

ARTICLE 23. (-Not may assume the condition of suppliers or contractors, by itself or by any person, who have failed in any of the following situations: a) lacking ability or authority to contract with the State, in general, or with the Contracting Party, in particular; (b) have acted as consultants hired by the contractor in the implementation of the project in which intend to participate as potential suppliers; (c) be dependent of the contracting public official, or a firm, company or entity with which the official is bound by reasons of address, involvement or dependence; (d) have bankruptcy process in proceedings or bankruptcy; (e) if I have any enacted within 3 (three) calendar years previous as from the date of the last publication of the public call, the resolution for breach of its share of a contract concluded with the national State, in general, or with the Contracting Party, in particular; (f) have been sanctioned for violation of environmental rules provided that the resolution is firm and they had been applied within 24 (twenty-four) months prior to the public call;
https://www.boletinoficial.gob.ar/pdf/linkQR/bENQQ1BQQTRaOVpycmZ0RFhoUThyQT09 g) owe tax or pension credits to the Federal Administration of public revenues determined by administrative act or Court of law firm. (h) the processed by auto firm and those convicted of any of the offences provided for in Title XI, XII and XIII of the Criminal Code of the nation. Prosecuting those enclosed in any of the above assumptions, nor can join as members of a company or entity offering or as a subcontractor, directly or through other controlled entity, linked or that part of an economic unit with it. Even the prohibition will be in case proving that for reasons of address, participation or other circumstances can presumed as a continuation, or that they are derived from those undertakings included in one or more grounds before mentioned.
Chapter VI anti-corruption article 24. (Without prejudice to the provisions in the current regulations, shall be causal determinant of the rejection without further formality of the proposal or bid on any State in the tender give or offer money or any gift that: to) public servants or competition in any of the stages of the procedure established by this Act to do or refrain from doing something relating to their functions , or to enforce the influence of his office to another official or public employee described competition, so that they do or refrain from doing something relating to their functions; (b) any person enforced his relationship or influence on a civil servant or public employee described competition, so that they do or refrain from doing something relating to their functions. They are considered as active subjects of this conduct who have committed such acts in the interest of the contractor directly or indirectly, either as managers representatives, partners, agents, managers, factors, employees, contracted, managers of business, Trustees, or any other person or entity. The consequences of these illicit behaviors occur even though they had consummated attempted. All without prejudice, administrative, civil or criminal responsibility which may be applicable to those who carried out such illegal conduct. Officials who take knowledge of the Commission of any of the behaviors described in this article, should be made relevant and formal complaint in the courts and competent bodies as appropriate.
Chapter VII settlement of disputes article 25. -For all disputes which might possibly arise on the occasion of the execution, application and/or interpretation of contracts concluded under the regime provided by the present law, the tender's terms and conditions and contractual documentation may determine the possibility of establishing mechanisms of compromise or arbitration. If you opt for arbitration with extension of jurisdiction, this must be approved as express and delegated by the Executive Branch national and connected to the Honourable National Congress.

https://www.boletinoficial.gob.ar/pdf/linkQR/bENQQ1BQQTRaOVpycmZ0RFhoUThyQT09 0 item 26. -Awards of arbitration tribunals based in the Republic of Argentina only may be brought against resources of explanatory and nullity provided for in Article 760 of the code of Civil procedure and commercial of the nation, in the terms established there. These resources not may, in any case, give rise to the review of appreciation or application of the facts of the case and the applicable law, respectively.
ARTICLE 27. -The contract may provide for payments which is devengasen in charge of the contractor during the processing of the controversy must be made effective insofar as they are not reached by it. In such a case, if the administration or, where appropriate, the technical consultant appointed to the effect, verify that the contractor has duly complied with its contractual obligations, the funds achieved by the controversy must be deposited by the registrant, as regulations, dispose in a warranty or trust account until its final resolution and continue to fend.
Chapter VIII public-private participation unit

ARTICLE 28. -The national executive power shall create by regulation a body having carried out its normative centralisation of contracts governed by this law. At the request of the organs or entities bidders, that organ will provide advisory, operational and technical support in the stages of project formulation, preparation of documentation 3mths or execution of the contract. The functions and the respective scope will be determined by the Executive branch in its regulation, covering, among others: to) advise the Executive Branch on the development of programmes and development plans of projects of public-private partnerships; b) attend the Executive branch in the preparation of regulatory arrangements for the general functioning of the system of public-private partnerships, as well as manuals, guides and contractual models of general application, among others; (c) advise at the request of the contracting entities in the design and structuring of the projects, covering the preparation of feasibility studies, preparation of documentation 3mths, national and/or international promotion of projects, and in the implementation of procedures for the selection of contractors; (d) advise at the request of the contracting entities in the design, organization and operation of control systems of activities carried out by their respective contractors; (e) attend to request contracting entities in the process of strengthening its capacities for the structuring and control of projects of public-private participation; f) assume functions delegated in terms of structuring and/or control of projects of public-private participation from the contracting entities, in compliance with the existing regulatory framework; (g) focus all the antecedent of each signed contracts documentation under the terms of this law; (h) be responsible in the terms of article 30 of the law 27.275.
ARTICLE 29. -Public-private participation unit should implement a site-specific public and free Internet consultation, in order to give adequate dissemination to administrative acts, audits and reports related to tenders and contracts that are carried out within the framework of this https://www.boletinoficial.gob.ar/pdf/linkQR/bENQQ1BQQTRaOVpycmZ0RFhoUThyQT09 1 law. Not it may be called a bid or tender any until thirty (30) days have passed since public-private participation unit had published in the above mentioned site all of the studies and reports relating to the project in question, as well as the opinions of the convening authority under the terms of article 13 of this law.
Chapter IX Bicameral Commission for follow-up on contracts of public-private partnerships article 30. -Create the Bicameral Commission for follow-up on contracts of public - Privada Participación, which shall be composed of seven (7) senators and seven (7) members of the Honourable National Congress who shall be elected by their respective bodies, respecting the proportionality of the political forces that compose them. The Committee shall establish its internal structure and shall adopt its own rules of operation, taking as its mission to monitor the projects developed under contracts of public-private partnerships for the purposes of complying with the provisions of the subsection t) and x) of the article 9 and article 12 of this law, as well as verifying compliance with this Act their results and the prospects of future development of these contractual arrangements. The Commission shall have access to all relevant documentation, including contracts signed under this regime, not can oppose him for these purposes any clauses of confidentiality of such contracts. Notwithstanding this, the Commission, its members and employees shall ensure the confidentiality of commercial or industrial information of that character in the terms of the legislation in force, assuming the corresponding responsibilities for disclosure. Public-private participation unit holder must attend annually before the Commission for the purpose of providing a report based on the status of implementation and fulfillment of contracts of public-private partnerships that were ongoing as well as respect of the conditions and characteristics of those projects that the unit of public-private partnerships considered suitable develop under this modality during the next two (2) financial years. The Commission may make observations, proposals and recommendations that it deems appropriate for communicating them to their respective bodies.
Chapter X General and transitory provisions.
ARTICLE 31. (-A contracts subject to this law you shall not apply directly, extra, or analog: to) laws 13.064 and 17.520 and its modifications; (b) Decree 1.023/2001 amending their laws and regulations; (c) the article 765 of the Civil Code and commercial of the nation; (d) articles 7 and 10 of the law 23.928 and its modifications.
ARTICLE 32. -For the year 2017 is set a cap of five percent (5%) of the General budget of the nation that may be used for projects of public-private, and for the subsequent years participation indicate accurately in the draft budget the budget items https://www.boletinoficial.gob.ar/pdf/linkQR/bENQQ1BQQTRaOVpycmZ0RFhoUThyQT09 2 for these projects.
ARTICLE 33. -Invite the provinces and the autonomous city of Buenos Aires to adhere to the present regime.
ARTICLE 34. -Communicate to the national executive power.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TO THE SIXTEEN DAYS OF THE MONTH OF NOVEMBER OF THE YEAR TWO THOUSAND SIXTEEN.
-REGISTERED UNDER THE N ° 27328 - EMILIO MONZO. -FEDERICO PINEDO. -Eugenio Inchausti. -John p. Tunessi.

Publication date: 11-30-2016 https://www.boletinoficial.gob.ar/pdf/linkQR/bENQQ1BQQTRaOVpycmZ0RFhoUThyQT09 3