Law On Public Private Partnerships

Original Language Title: Ley de Asociaciones Público Privadas

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Law of Private Public Associations

PRIVATE PUBLIC ASSOCIATIONS LAW

Published in the DOF on January 16, 2012

Last reform published in the DOF on 11 August 2014

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

FELIPE DE JESUS CALDERÓN HINOJOSA, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECREES:

THE LAW OF PRIVATE PUBLIC ASSOCIATIONS IS EXPECTED, AND VARIOUS PROVISIONS OF THE LAW ON PUBLIC WORKS AND SERVICES ARE REFORMED, ADDED AND REPEALED. RELATED TO THE SAME; THE PROCUREMENT LAW, LEASES AND SERVICES OF THE PUBLIC SECTOR; THE EXPROPRIATION ACT; THE GENERAL LAW OF NATIONAL GOODS AND THE FEDERAL CODE OF CIVIL PROCEDURES

Article First. The following is issued:

Private Public Partnerships Act

Chapter First

Preliminary Provisions

Article 1. This Law is in public order and aims to regulate schemes for the development of public-private partnership projects, under the principles of Articles 25 and 134 of the Political Constitution of the United Mexican States.

Item 2. The public-private partnership projects regulated by this Law are those that are carried out with any scheme to establish a long-term contractual relationship between public and private sector bodies for the the provision of services to the public, wholesale, intermediate or end-user sectors and where infrastructure is used fully or partially by the private sector with objectives that increase social welfare and investment levels in the public sector; the Country.

In the terms provided for in this Law, public-private partnership projects must be fully justified, specify the social benefit sought to obtain and demonstrate their financial advantage against other forms of financing.

Article 3. It may also be public-private partnership projects that are carried out in the terms of this law, with any association scheme for develop projects for productive investment, applied research and/or technological innovation. In the latter case, the agencies and entities will opt for a level playing field, for the development of projects with higher education institutions and public scientific and technological research centers in the country.

These schemes of private public partnership will apply to them the guiding principles of support for scientific research, technological development and Innovation provided for in the Science and Technology Act. These associations shall be governed by the provisions of this law and as applicable to them by the Law of Science and Technology.

For the purpose of promoting the development of these association schemes, a Fund for Investment and Technological Development will be set up in the terms provided by the Chapter III, Section IV of the Law on Science and Technology. The purpose of this Fund will be to promote the private public partnership schemes referred to in this article. The allocation of resources allocated to this Fund may be provided for in the terms provided for in that law, in order to ensure that it complies with its purpose.

Productive investment projects will be subject to the provisions applicable to the specific subject matter that you understand.

Article 4. The provisions of this Law apply to projects of public-private partnerships that they perform:

I. Federal Public Administration dependencies and entities;

II. Federal public trusts not considered parastatal entities;

III. Persons in federal public law, with autonomy derived from the Political Constitution of the United Mexican States, which will apply the criteria and procedures provided for in this Law, only in the absence of the laws governing them and provided that they do not conflict with them, in which case they shall be subject to their own control bodies, and,

IV. Federative entities, municipalities, and public entities of each other, with federal resources, in accordance with the agreements they conclude with dependencies or entities of the Federal Public Administration.

For these purposes, the projects will be understood to be carried out with federal resources, when the contributions of the federative entities, municipalities and public entities of Some and others, as a whole, are inferior in relation to the federal contributions. For the purposes of this calculation, the federal resources corresponding to the funds provided for in Chapter V of the Fiscal Coordination Law are not included.

Article 5. In case of projects of public-private partnerships referred to in the fourth paragraph of Article 4 of the previous immediate, in the conventions for the The provision of federal resources, in numbers or in kind, must be expressly agreed that the provisions of this Law shall apply to the federal entities or municipalities, as they are concerned, to the provisions of this Law.

Article 6. The application of this Law shall be without prejudice to the provisions of international treaties.

Article 7. The Procurement, Leases and Services Act of the Public Sector, as well as the Public Works and Services Act Related to the Mismas, its Regulations and provisions of these provisions shall not apply to projects of public-private partnerships, except as expressly provided in this Law.

Article 8. The Secretariat of Finance and Public Credit shall be empowered to interpret this Law for administrative purposes, for which it shall require and consider the opinion of the concerned entity or entity. In the case of matters relating to the federal property regime, the guarantees and the responsibilities of the public servants, the interpretation of this law will be the responsibility of the Secretariat of the Civil Service.

Article 9. In the absence of express provision in this Law, they will be applicable in an additional manner, in the following order:

I. The Commerce Code;

II. The Federal Civil Code;

III. The Federal Administrative Procedure Act; and

IV. The Federal Code of Civil Procedures.

Article 10. The public-private partnership schemes covered by this Law are optional and may be used in relation to activities whose specific legislation provides for the free participation of the private sector, or, by way of permits, authorisations or concessions for the provision of the services concerned and may not refer to cases where the applicable provisions indicate that the private sector cannot intervene.

Article 11. The Secretariat of the Civil Service will include in the government's public information system CompraNet, by sections duly (a) the information on the federal public-private partnership projects, as well as the unsolicited projects received by the agencies and entities of the Federal Public Administration, as referred to in this Law. This system will be for free consultation and will be a means by which procurement procedures can be developed.

The information in CompraNet must contain the data necessary to fully identify the operations performed through the association scheme public-private, and allow analysis of the feasibility of the project. It must also contain information to identify the annual programs in the field, the agencies and entities; the single register of developers, in the terms in which it is established by the Regulation of this Law; (i) the invitations to tender and their modifications; invitations to at least three persons; minutes of the meeting of clarifications, the act of presentation and the opening of proposals and of failure; the data of the contracts and amending agreements; direct awards; decisions of the non-compliance instances that have caused status, and the corresponding notifications and warnings.

This system will be operated by the Secretariat of the Civil Service, which will establish the necessary controls to guarantee the inalterability and conservation of the information.

Article 12. For the purposes of this Act, the following definitions shall apply:

I. Public-Private Partnership: Any scheme as described in Articles 2 and 3 of this Law;

II. Authorizations for the development of the project: Authorizations for the execution of the work, as well as for the provision of the services, of a project public-private partnership;

III. Authorizations for the execution of the work: Permissions, licenses, concessions and other authorizations that, if any, are required in accordance with the provisions applicable, for the implementation of the infrastructure works of a public-private partnership

;

IV. Authorizations for the provision of services: Permits, concessions and other authorizations which, if any, are required in accordance with the provisions applicable for the use or exploitation of public goods or the provision of services by the developer in a public-private partnership

;

V. CompraNet: The government's electronic public information system on federal public sector acquisitions, leases and services, as well as public works and services related to them, carried out by the Secretariat of the Civil Service;

VI. Contestant: Person who participates in any contest that is intended to award a public-private partnership project;

VII. Convocation: Dependency or entity that calls a contest to award a public-private partnership project;

VIII. Dependencies: The centralized dependencies of the Federal Public Administration and the Legal Department of the Federal Executive;

IX. Developer: Mexican Mercantile Society, with the exclusive aim of developing a specific public-private partnership project, with whom the the respective contract and to whom, where appropriate, the authorisations for the development of the project are granted;

X. Entities: Federal Public Administration parastatals, federal public trusts not considered parastate entities, persons of federal public law with autonomy derived from the Constitution, as well as federal entities and municipalities;

XI. Federative Entities: The States of the Federation, the Federal District, as well as their public entities;

XII. Law: This Law of Public-Private Partnerships;

XIII. Municipalities: Municipalities and their public entities;

XIV. Performance Level: Set of specifications and performance and quality parameters to be met in the provision of a service, or in the construction and execution of the infrastructure, which are performed under the public-private partnership scheme;

XV. Promoter: Person who promotes, before a public sector instance, a public-private partnership project; and

XVI. Regulation: The Regulation of this Law.

Chapter Second

From Preparing and Starting Projects

First Section

From Preparing Projects

Article 13. To perform public-private partnership projects, in terms of this Law, it is required:

I. The conclusion of a long-term contract, in which the rights and obligations of the contracting public entity are established, on the one hand and those of the developers who provide the services and, where appropriate, execute the work, on the other;

II. Where necessary, the granting of one or more permits, concessions or authorizations for the use and exploitation of public goods, the provision of the respective services, or both; and

III. In the case of projects referred to in Article 3, linked to innovation and technological development, it will also be required, the prior approval of the Forum Scientific and Technological Advisory in the Law of Science and Technology. For the analysis and approval of these projects, the Scientific and Technological Advisory Forum will have to comply with the guiding principles of support for Scientific Research, Technological Development and Innovation provided for in this Law.

Article 14. To determine the feasibility of a public-private partnership project, the interested entity or entity must have an analysis of the Following aspects:

I. The project description and technical feasibility of the project;

II. The properties, assets, and rights required for project development;

III. The authorization for project development that is required if necessary;

IV. The legal feasibility of the project;

V. The environmental impact, preservation and conservation of ecological balance and, where appropriate, affectation of natural areas or protected areas, settlements human and urban development of the project, as well as its feasibility in these areas; on the part of the competent authorities. This first analysis shall be different from the corresponding environmental impact statement in accordance with applicable legal provisions;

VI. The social profitability of the project;

VII. The estimates of investment and contributions, in numbers and in kind, both federal and private, as well as state and municipal;

VIII. The economic and financial viability of the project; and

IX. The convenience of carrying out the project using a public-private partnership scheme, including an analysis of other options.

The above information must be published on the Internet and presented to the Chamber of Deputies.

The Secretariat of Finance and Public Credit will coordinate and publish a register for statistical purposes with information on the partnership projects public-private, provided for in Part I of this Article. It will also systematically publish the following information:

a) Project name;

b) Number of tender and/or registration of the government public information electronic system CompraNet;

c) Name of the convener;

d) Developer name;

e) Term of the public-private partnership contract;

f) Total project Monto;

g) Monto of scheduled and executed payments during the project lifecycle;

h) Indicators associated with the project's social, financial, and economic profitability, as determined by the Regulation;

i) Result of the assessment of the convenience referred to in Article 14 fraction IX;

j) Other information that the Secretariat of Finance and Public Credit considers relevant.

This information shall be of a public nature, with the exception of that of a reserved or confidential nature, in terms of the Federal Law of Transparency and Access to the Government Public Information and other applicable provisions.

The Secretariat of Finance and Public Credit, in presenting the draft of the Federation's Government Budget, will have to include, in terms of Articles 24 of this Law, and 41 of the Federal Budget and Accountability Act, an assessment of the impact of public-private partnership projects on public finances during their life cycle.

Likewise, the Secretariat of Finance and Public Credit will report in the Quarterly Reports on the Economic Situation, Public Finance and Public Debt, in the terms of the applicable provisions, the description of each of the approved projects, amounts of money or to be used in accordance with the projections and estimates, progress in implementation and timing as well as the amount of the payments committed.

Article 15. In previous studies to prepare public-private partnership projects, dependencies and entities will consider:

I. The analysis of the competent authorities on compliance with environmental protection, preservation and balance conservation provisions ecological in the federal, state and municipal areas, as well as the effects on the environment that may cause the execution of the works, with sustenance in the assessment of the environmental impact provided by the General Law of Ecological Balance and Protection the Environment and other applicable provisions.

Projects must include the necessary works to ensure that environmental conditions are preserved or restored in an equivalent manner when they are damaged and the intervention shall be given to the Secretariat of the Environment and Natural Resources and other federal, state and municipal authorities having powers in the matter;

II. Compliance with the provisions of human settlements and urban development, and in the field of construction, in the federal, state and municipal areas;

III. Compliance with other applicable provisions, in federal, state, and municipal areas; and

IV. In the framework of the system of democratic planning of national development, congruence with the National Development Plan and the sectoral program, institutional, regional or special appropriate.

Article 16. The analysis of the real estate, property and rights necessary for the development of the project, mentioned in section II of Article 14 of this Law, it should refer to the following aspects:

I. Information in the or the public records of the location property of the properties required for the development of the project, relative to the ownership, liens and marginal annotations of such buildings;

II. Feasibility of acquiring the buildings and, where applicable, the other goods and rights in question;

III. Preliminary estimate by the concerned dependency or entity, on the possible value of the properties, assets and rights necessary to develop the project;

IV. Preliminary analysis of the use of soil, its modifications and problems of the buildings in question; and

V. A relationship of the other buildings, buildings, installations, equipment, and other goods that would be affected and the estimated cost of such affectations.

Article 17. To assess the appropriateness of carrying out a project through public-private partnership schemes in accordance with the provisions of section IX of the Article 14 of this Law, the dependency or interested entity shall apply the guidelines to be determined by the Secretariat of Finance and Public Credit.

The assessment should incorporate a cost-benefit analysis, the social profitability of the project, the relevance of the opportunity of the time period in which it will start, as the alternative to another project or to do so with a different form of funding.

Article 18. The Regulation shall indicate the content and other scope of the studies referred to in Article 14 of this Law, without the possibility of establishing requirements additional.

Article 19. Public-private partnership projects will be preferably integral, but, where appropriate and necessary, may be stages, if this allows for a more orderly advance in its implementation.

Article 20. Dependencies and entities may contract the performance of the works provided for in Article 14 of this Law, any other studies, and the own executive project, necessary for the implementation of a public-private partnership project, as well as services for the acquisition of the real estate, property and rights, equally necessary for such projects.

The hiring of the aforementioned works and services will be subject to the provisions of the Law on Procurement, Leases and Services of the Public Sector, without for these purposes, the provisions of Article 19 of that Law shall apply.

The dependency or entity may choose to conclude contracts quoted through invitation to at least three persons, or by direct award, in addition to the the assumptions provided for in the Law on Procurement, Leases and Services of the Public Sector.

The authorization of the Procurement, Leases and Services Committee of the Public Sector of the dependency or contracting entity will not be necessary, provided the amount of the agreed fees do not exceed the equivalent of four per cent of the total estimated cost of the project, or the equivalent of nine million five hundred thousand Investment Units, whichever is less.

Section Second

Starting the Projects

Article 21. Based on the analyses referred to in Article 14 of this Law, the dependency or entity shall decide whether or not the project is viable and, if so, proceed to its implementation and development, prior to the analysis and authorization of the Intersecretarial Commission on Public Expenditure, Financing and Disposal, for the purposes of Articles 34 of the Federal Law on Budget and Liability Hacendaria, and 24 of this Act.

Article 22. Federal Public Administration agencies and agencies will give priority to projects to be developed through partnership schemes. public-private, in the assessment and procedures regarding compliance with the requirements of the environmental protection provisions, human settlements, urban development, construction, land use and other applicable, in the field federal.

In relation to the necessary prior federal authorizations to initiate the execution of a public-private partnership project, if the competent authority does not It shall be deemed to have been granted within a period of 60 working days from the date on which the application was received. In the case of authorisations provided for in the General Law on Ecological Balance and Protection of the Environment, the time limit shall be that provided for in Article 35a of the Law.

In the case of the previous paragraph, in the case of environmental impact authorization, the Secretariat of the Environment and Natural Resources will notify the convenor or developer the conditions to which the realization of the project will be subject, within ten working days after the expiration of the period of resolution indicated in the law of the matter.

In order to operate the affirmative claim mentioned in this article, when applying for each of the respective authorizations, the promoters must point out that the authorization is specifically refers to a public-private partnership project.

Article 23. To initiate the development of a public-private partnership project, the agencies and entities must have the analyses mentioned in the Article 14 above, fully terminated, without requiring any other requirement other than those provided for in the first section of this Chapter.

Third Section

Other Provisions on Preparing and Starting Projects

Article 24. Federal public expenditure which, if necessary, is necessary for the development of a project as provided for in this Law, shall be adjusted to the provisions of the Federal Budget and Accountability Act, the Federation's Budget and other applicable expenses.

The future budgetary commitments that will be made in the event of the public-private partnership projects that are planned to be initiated, accumulated or those of the projects that have already started some procurement procedures or are already operating, will be in line with the aggregate possibilities of federal public sector spending and funding.

To this end, the Secretariat of Finance and Public Credit, based on the macroeconomic projections used in the programming of the Federal Government, will produce a a preliminary estimate of the maximum annual investment amounts for such projects, in order to meet the investment required of both the new projects which are intended to start the dependencies or entities during the next fiscal year, and those already authorized, including, if applicable, the updates of the latter.

The public-private partnership projects that are intended to be carried out, and the projects in process or in progress that are intended to be incorporated into this scheme, will be analyzed and authorized by the Intersecretarial Commission for Public Expenditure, Financing and Disincorporation, for the purposes of Article 34 of the Federal Law on Budget and Accountability, in order to determine the ranking and its inclusion in a Specific chapter of the draft budget for expenditure, as well as its order In the framework of the system of democratic planning of national development, the congruence with the National Development Plan and the sectoral, institutional, regional or special program, according to the the corresponding dependency or entity under Article 15, fraction IV of this Act.

In the draft budget decree of each year, in a specific and sector-specific chapter, the multiannual expenditure commitments will have to be provided for in a specific chapter. derive from the private public partnership projects so that, where appropriate, these commitments will be approved by the Chamber of Deputies in order to proceed with the procurement and implementation of the projects. In addition, the description of each of the projects, amounts left over or to be performed according to the projections and estimates, progress in the execution and schedule, as well as the amount of the annual payments committed.

In the quarterly reports that the Federal Executive Branch, through the Secretariat of Finance and Public Credit, will present to the Congress of the Union, the amounts allocated for the project preparation stage.

Article 25. When special conditions of the project require the intervention of two or more dependencies or entities, each one of them will be responsible. of the works that correspond to it, without prejudice to the responsibility that, due to their respective attributions, has the responsibility for planning, programming and budgeting as a whole.

Third Chapter

From Unrequested Proposals

Article 26. Any interested in a public-private partnership project may submit their proposal to the competent federal agency or agency.

For the purposes of the above, the dependencies or entities may point out, by agreement published in the Official Journal of the Federation and on their website, the sectors, sub-sectors, geographical areas, type of projects and other elements of the proposals they are prepared to receive. In such cases, only proposals that address the above elements will be analysed.

Article 27. Only public-private partnership project proposals that meet the following requirements will be analyzed:

I. Be accompanied by the preliminary feasibility study to include the following:

a. Description of the proposed project, with its technical characteristics and feasibility;

b. Description of the authorizations for the execution of the work that, if any, would be necessary, with special mention of the land use authorizations the buildings in question, their modifications and the possible problems of acquiring them;

c. The legal feasibility of the project;

d. The social profitability of the project;

e. The estimates of investment and contributions, in cash and in kind, both federal and private, as well as state and municipal, in which reference is made to the estimated acquisition cost of the real estate, property and rights required for the project;

f. The economic and financial viability of the project; and

g. The essential characteristics of the public-private partnership contract to celebrate. At the event that the proposal considers the participation of two or more moral people in the private sector, the responsibilities of each participant in that sector;

II. Projects are in the cases identified in the agreements that, if applicable, the competent authority or entity has issued according to the second Article 26, paragraph, paragraph 26;

III. This is not about previously submitted and resolved projects.

The Regulation will point out the scope of the requirements mentioned in the previous fractions, without additional requirements being established.

If the proposal does not meet any of the requirements, or the studies are incomplete, the proposal will not be analyzed.

Article 28. The competent authority or entity that receives the proposal will have up to three months for analysis and evaluation. This period may be extended for up to a further three months, where the dependency or entity so resolves in consideration of the complexity of the project.

Article 29. In the analysis of the proposals, the dependency or entity may require in writing the interested clarification or additional information, or may Further studies are carried out.

You may also transfer the proposal to another federal public sector dependency or entity, or invite these and other state and municipal authorities to participate in the project.

For the evaluation of the proposal, among other aspects, it should be considered that it refers to a project of public interest and social profitability congruent with the Plan National Development and with the sectoral and regional programmes which, where appropriate, correspond.

Article 30. Elapsed time for evaluation of the proposal and, if applicable, its extension, the dependency or entity will issue the feasibility opinion that corresponds, on the origin of the project and the competition or on the acquisition or not of the studies presented.

The mentioned opinion will be notified to the promoter and must be published on the website of the dependency or entity and in CompraNet, within five working days following the date on which it was issued, without including any confidential or confidential information in terms of the applicable provisions.

Article 31. If the project is sourced and the dependency or entity decides to enter the contest, it will be performed as provided for in the fourth chapter of the This Law and the following provisions:

I. The convoking unit or entity shall provide the project promoter with a certificate indicating the name of the beneficiary, amount, time limit and other conditions for the reimbursement of expenses incurred for the studies carried out, for the event that the promoter is not the winner or does not participate in the contest. This reimbursement shall be borne by the successful tenderer in the terms indicated on the basis of the competition.

Against the delivery of this certificate, all rights relating to the studies presented will pass to the domain of the unit or entity convener;

II. The promoter will sign a unilateral declaration of will, irrevocable, in which it will be forced to:

a. Grant without limitation any information regarding the project, which is requested by any bidder in the contest, including worksheets and other conceptual documents or alternate projects; and

b. Ceder rights and grant copyright and industrial property authorizations, as well as any other for the project to be able to develop in the event that the winner of the contest is different from the same promoter;

III. The dependency or entity may contract with third parties, in accordance with Article 20 of this Law, evaluation of projects or conduct of studies additional required to call the contest;

IV. The call for the contest shall be made as long as all the requirements of the first section of the second chapter of this Law and the Fractions I and II of this Article.

If the contest is not called for cause imputable to the promoter, the promoter will lose in favor of the agencies or entities all his rights to the studies presented-even if the project is present-and the guarantee of seriousness will be made effective in the terms that the regulation determines;

V. The promoter who submitted the proposal on the basis of which the contest is held will have an award in the evaluation of its offer, which will be established on the basis and which may not exceed the equivalent of 10% in relation to the criteria laid down for the award of the contract. The Regulation will establish methods and procedures for calculating this award;

VI. In the event that only the promoter participates in the contest, the contract may be awarded, provided that it has met all the requirements set out in the contract. the basis of the competition, and

VII. In the event that the contest is declared to be deserted and that the unit or entity convenor decides not to acquire the rights to the studies presented, proceed to cancel the certificate referred to in Part I of this Article and to return to the sponsor any studies submitted by it.

Article 32. If the project is considered to be from, but the dependency or entity decides not to hold the contest, it may offer under its responsibility to the a promoter, subject to the written and inselectable authorization of the holder of the duly substantiated and substantiated dependency or entity, the studies carried out, together with the corresponding copyright and industrial property rights, by means of reimbursement of all or part of the costs incurred. The motivation and justification must demonstrate, in an express manner, the congruence of the project with the National Development Plan, as well as with the programs that derive from it.

Acts or omissions involving non-compliance with the provisions of this Article shall be sanctioned in accordance with the provisions of the Federal Law of Administrative Responsibilities of Public Servants and other applicable provisions in terms of Title IV of the Political Constitution of the United Mexican States.

Article 33. In the cases of Articles 31, fraction I and 32 of this Law, the sponsor shall justify the expenses incurred and the amount of the costs incurred. The amount to be reimbursed will be determined by a third party agreed by both parties, contracted specifically for this and prior to the respective market study.

Article 34. If the project is not, for budgetary reasons or for any other reason, not in the public interest, the dependency or entity so communicate to the sponsor. In any event, the sponsor shall be in accordance with the following Article

.

Article 35. When two or more proposals are submitted in relation to the same project and more than one are considered viable, the dependency or entity will resolve of the one that represents the highest expected benefits and, on an equal footing, in favour of the first one presented.

Article 36. The submission of proposals only entitles the promoter to be analyzed and evaluated by the dependency or entity. The view of viability by which a project is considered or not to be considered, does not represent an act of authority and against it shall not be an instance or a means of defence.

Article 37. If during the assessment period, the data subject does not provide the requested information without justified cause or, promote the project with some other entity or otherwise, or give its proposal to third parties, the procedure will be completed and the interested party will lose in favor of the federal executive all its rights on the studies presented, even if the project is attended, prior warranty of hearing.

Chapter Fourth

Project Award

First Section

Of The Concourses

Article 38. Dependencies and entities that intend to develop a public-private partnership project will convene a contest, to be held in accordance with the principles of legality, free competition and competition, objectivity and impartiality, transparency and publicity and, with the particularities of Article 31 of this Law, on a level playing field for all participants.

In such competitions will be sought to award the projects in the best conditions available in terms of price, quality, financing, opportunity and other circumstances relevant.

Dependencies and entities may contract the services of an agent so that, on behalf and order of those agents, he will hold the contest of an association project public. For these contracts, the provisions of Article 20 above shall apply. In any case, the public servants will always be responsible for the fulfillment of the contest's bases in terms of the sixth paragraph of article 134 of the Political Constitution of the United Mexican States.

Article 39. The corresponding call cannot be made without the budgetary authorizations that, if any, are required.

The agency or entity will take into account the recommendations that the Federal Competition Commission may issue in terms of the Federal Law of Economic Competition.

Article 40. In terms that point to the bases, the contest acts can be performed through electronic means, with technologies that protect the authenticity, confidentiality and inviolability of the information, provided that such technologies, with the above characteristics, are certified by a qualified third party of recognised experience as the convoke.

Electronic identification means that are used with the aforementioned features will produce the same effects that the laws give to documents with signatures. autografts and, consequently, they will have the same evidentiary value.

Email notifications will have the same effects as personal notifications, when they meet the requirements that the Regulation sets.

Article 41. Any person, natural or moral, national or foreign, who meets the requirements set out in the call, may participate in the competitions. and the provisions applicable to the draft in question, with the exceptions set out in Article 42 below.

In the case of natural persons, they must be obliged to constitute, if they are winners, a moral person in terms of Article 91 of this Law.

Two or more persons may submit, as a consortium, a joint proposal, in which case they shall also be required to constitute, to be winners, one or more persons. moral, in the terms of Article 91 of this Law, as well as appoint a common representative to participate in the contest.

Article 42. They will not be able to participate in the contests, nor receive award to develop a public-private partnership project, the following people:

I. Those where any public servant who intervenes at any stage of the procurement procedure has a personal, family or business interest, or of which a benefit may be of benefit to him, his spouse or his or her consanguine relatives or to the fourth grade, or civil, or to third parties with whom he has professional, employment or business relations, or for partners or companies of which the public servant or the persons referred to above form or have part of the period of two years prior to the date of conclusion of the procurement procedure concerned;

II. Persons convicted, by final judgment within three years prior to the date of the call, for breach of contract held with federal agencies or dependencies;

III. Those who, for reasons attributable to them, have been administratively terminated by some dependency or federal entity, within the immediate calendar year preceding the call;

IV. Those who, for reasons attributable to them, are in default in the performance of their obligations in contracts concluded with dependencies or federal entities;

V. Those that are disabled by the Secretariat of the Civil Service under the terms of Title VII of the Public Works and Related Services Act with the Mismas, of the sixth title of the Law on Procurement, Leases and Services of the Public Sector, or of the fourth section of the tenth chapter of this Law;

VI. Those who contract services of any nature, if it is proven that all or part of the consideration paid to the service provider, in turn, is received by public servants on their own or by person, regardless of whether or not those who receive them are related to the procurement,

VII. Those that have been declared in a merchant contest, or

VIII. Other than for any cause are prevented by law provision.

Article 43. Any person may attend the different acts of the contest, as an observer, prior to registration of his participation in the event of the convenor. Observers shall refrain from intervening in any form in the contest.

The Rules of Procedure of this Law will establish the figure of social witnesses and provide for the terms of their participation in the contest procedure.

Section Second

From the Concourses and Bases of the Concourses

Article 44. The call for the contest will contain at least the following items:

I. The name of the convener, and the indication of a contest and a public-private partnership project governed by this Law;

II. The overall description of the project, with an indication of the services to be provided and, where appropriate, of the infrastructure to be built;

III. The dates for the contest, the time limits for the provision of services and, where applicable, the execution of the infrastructure works, as well as the estimated dates for the start of one and the other; and

IV. The places, dates and times when the interested parties will be able to acquire the basis of the contest.

The publication of the call will be made through the electronic dissemination page-Internet-of the agency or entity, in the Official Journal of the Federation, in CompraNet, in a national circulation journal and in another of the federative entity where the project is to be developed.

In joint projects with federative entities and municipalities, they should also be published in the official media of each of these.

The acquisition of the bases will be an essential requirement to participate in the competition.

Article 45. The contest bases will contain at least the following items:

I. Those required for participants to be able to work out their proposals, which they will understand, at least;

a. The technical features and specifications, as well as the minimum performance levels of the services to be provided; and

b. Where appropriate, the technical characteristics and specifications for the construction and execution of the infrastructure works concerned.

In case of information that cannot be provided through CompraNet, the indication that the same will be available to those interested in the address that I pointed out the convener;

II. The buildings, property and rights necessary for the development of the project and, where appropriate, the person responsible for obtaining the project;

III. The time limit for the provision of the services and, where appropriate, the execution of the infrastructure works, with an indication of the estimated starting dates one and the other;

IV. Where applicable, the terms and conditions in which jobs and services may be outsourced;

V. The project of the contract, with the rights and obligations of the parties, as well as the project risk distribution;

VI. The authorization projects that, if any, are required for the development of the public-private partnership project that corresponds to the convener;

VII. The way in which participants will accredit their legal, technical, administrative, economic and financial capacity, experience and capacity agreement with the characteristics, complexity and magnitude of the project;

VIII. The obligation to constitute the moral person in terms of Article 91 of this Law, if a person other than those mentioned in the aforementioned law participates Article;

IX. The warranties that participants must grant;

X. When you proceed, place, date, and time for the visit or visits to the job completion site;

XI. The date, time and place of the or the clarification boards, the presentation of the proposals, the opening of the proposals, the communication of the failure, and the signing of the contract;

XII. The language or languages, in addition to Spanish, where proposals may be presented in their case;

XIII. The currency or currencies in which, if any, the proposals may be presented;

XIV. The relationship of documents that contestants will have to present with their proposals,

XV. The criteria, clear and detailed, for the objective evaluation of the proposals and the award of the project, in accordance with the provisions of the articles 52 and 54 of this Law. These criteria shall indicate the coefficient of national product integration to be met by the participants in accordance with the type of project concerned, seeking the greatest possible integration of national content, respecting the International treaties.

XVI. The causes of disqualification of participants; and

XVII. The other general elements, strictly indispensable, that the Regulation establishes, in order for the competitions to comply with the principles mentioned in the Article 38 above.

Article 46. None of the conditions contained in the call, in the bases themselves and their annexes, nor in the proposals of the participants, shall be the subject of negotiation, except as provided for in Chapter 8 of this Law.

Article 47. No requirements can be set that result in limiting the competition and free concurrency process. Where appropriate, the convenor shall take into account the recommendations of the Federal Competition Commission.

The guarantees that, if applicable, the participants must grant must not exceed, in their aggregate amount, the equivalent of ten percent of the estimated value of the investments to be made.

Article 48. The modifications to the basis of the contest which, if any, the convener must make must conform to the following:

I. Only shall be intended to facilitate the presentation of the proposals and the conduct of the acts of the contest;

II. They must not imply limitation on the number of participants in the contest;

III. Each participant must be notified no later than the tenth business day prior to the submission of the proposals. If necessary, the date indicated for the presentation and opening of the proposals may be deferred; and

IV. They will give participants the opportunity to withdraw from the competition, without this implying any breach or effective warranty.

The modifications thus made will be part of the call and basis of the contest, so they will have to be considered by the contestants in the elaboration of their proposals.

Third Section

From the Presentation of Proposals

Article 49. To facilitate the contest, prior to the act of presentation and opening of the proposals, the convener may carry out the registration of participants, as well as how to carry out preliminary reviews of the documentation other than that referred to the amount of the economic offer.

Article 50. The contests will have one or more stages of consultations and clarifications, in which the convenor will answer in writing the doubts and questions that the participants have submitted. Between the last meeting of clarifications and the act of presentation of the proposals there must be sufficient time for the presentation of the positions. If necessary, the date indicated in the call for submission and opening of the proposals may be deferred.

Article 51. The deadline for submission of proposals may not be less than twenty working days, counted from the date of publication of the call.

The proposals will be submitted in closed envelopes, in accordance with the provisions of the Rules of Procedure and at the basis of the competition and will be open in public session.

In each contest, the contestants will only be able to submit a proposal, with their technical offer and their economic offer. The proposals shall be submitted on a firm basis, obliging those who do so and shall not be the subject of negotiation, without prejudice to the possibility that the convener may ask the contestants for clarification or additional information, in terms of the following Article 52.

Initiated the act of presentation and opening of proposals, those already presented may not be removed or left without effect by the contestants.

In order to intervene in the act of presentation and opening of the proposals, it will be sufficient for the participants to present a statement in which they manifest, in protest of saying truth, that they have sufficient powers to do so, without it being necessary for them to credit their personality.

Section Fourth

From the Evaluation of the Contest Proposals and Failed

Article 52. In the evaluation of the proposals, the convenor will verify that they comply with the requirements outlined in the bases, and that they contain sufficient elements to develop the project.

Only the criteria laid down in the bases themselves should be considered, provided they are clear and detailed and allow for an objective assessment that does not favour participant.

In the assessment, mechanisms of points and percentages, cost-benefit criteria, or any others may be used, provided they are clear, quantifiable and allow an objective and impartial comparison of the proposals.

Any requirement whose non-compliance by itself does not affect the validity and solvency of the proposal shall not be subject to assessment. Failure to comply with those requirements will not be grounds for scrapping the proposal.

In no case will the substantial deficiencies of the proposals submitted be met.

Article 53. When to perform the correct evaluation of the proposals, the convener has the need to request clarifications or additional information to some or some of the contestants will do so in terms of the Regulation.

In no case shall these requests give rise to the change of the original proposal, or to violate the principles outlined in Article 38 of this Law.

Article 54. Hecha the evaluation of the proposals, the project will be awarded to the participant who has submitted the solvent proposal, to meet the requirements legal, technical and economic, in accordance with the criteria laid down at the basis of the competition and therefore ensures compliance.

If you will find that two or more proposals are solvent to meet the requirements, the project will be awarded to the proposal to ensure the best conditions. (a) economic activity for the State, as provided for in the assessment criteria set out on the basis of the competition.

If a level playing field persists, the convenor will opt for the project that will provide greater employment of both the country's human resources and the use of goods or services. the services of national origin and the services of the region concerned.

In case of a contest based on a project of those provided for in the third chapter of this Law, it will be provided for in article 31, fraction V, of the chapter.

The convener may choose to award the project, even if there is only one contestant, provided it meets the requirements of the competition and its proposal is acceptable to the convoking dependency or entity.

Article 55. The convenor will draw up an opinion that will serve as the basis for the ruling, which will include the analysis of the proposals, the reasons for admit or discard them, the comparison of them, and the elements by which the winning proposal is the one that offers the best conditions for the State.

The failure in which the project is awarded or the contest is declared deserted must include the reasons that motivated it. It shall not include confidential or confidential information in terms of the applicable provisions.

The ruling will be made public in public board to which the contestants will freely attend and will be published on the website-Internet-of the convenor so as in CompraNet, within the time limit laid down in the competition grounds.

Article 56. When the existence of an arithmetic, typing, or other nature failure is noted in the failure, it does not affect the outcome of the assessment, the convener shall proceed to its correction, by writing that it shall notify all the contestants.

If the error is not liable to be corrected in accordance with the preceding paragraph, the correction-duly substantiated-shall be authorised by the holder of the convener, in which case the internal control body of the relevant body shall be given.

Article 57. They will be causes of disqualification, in addition to those indicated on the bases:

I. Failure to comply with any of the requirements laid down in the bases, with the exceptions outlined in Article 52 of this Law;

II. Those that have used inside information;

III. If the contest is initiated, a cause of disablement as provided for in Article 42 of this Law shall survive; and

IV. If any of the participants agree with another or other participants to raise the cost of the work, or any other agreement that is intended to obtain an undue advantage about the other participants.

Article 58. The convenor will declare the contest to be deserted, when all the proposals do not meet the requirements requested on the bases, or when their Economic offers are not acceptable.

The convener may cancel a contest:

I. By chance or force majeure;

II. When the conditions for project development are substantially modified;

III. When the need to run it is extinguished, or

IV. When circumstances arise which, if continued with the procedure, may result in damage or injury to the convener itself.

Except for the cancellations indicated by the fraction I, the convener shall cover the bidders, the non-recoverable expenses which, if any, come in terms of provided by the Regulation.

Article 59. Against the ruling that awards the contest, the participant is interested in choosing:

I. The administrative review facility, in accordance with the Federal Administrative Procedure Act; or

II. The judgment of nullity before the Federal Court of Justice and Administrative Justice.

Against the other resolutions of the convener issued during the contest shall not proceed any instance or ordinary means of defence and, in the case of any irregularity in such decisions may be fought on the grounds of failure.

Fifth Section

From the After Acts to the Fault

Article 60. The formalization of the public-private partnership contract will take place within the deadlines that the competition bases will point out.

In the event that the contract does not subscribe within the stated period, due to unjustified reasons attributable to the winner, the corresponding guarantees will be made effective. In this case, the project may be awarded to the second place and, if not accepted, to the subsequent sites, provided that they comply with all the conditions laid down in the competition grounds.

Article 61. Proposals discarded during the contest may be destroyed or returned to the contestants who request it after sixty days natural persons counted from the date on which the judgment is made, unless there is any procedural procedure, in which case they shall be destroyed or returned after the complete completion of the procedure.

Article 62. The means of defense, ordinary or extraordinary, by which the judgment is intended to contest, shall only suspend the contest or the work in course, when the following requirements are met:

I. That is requested by the aggrieved;

II. That the social interest is not affected, nor are provisions of public order contravened.

It is considered, among other cases, that such damages are followed or those contraventions are made, when:

a) The project involves the provision of a public service of imminent need, or

b) The social profitability of the project or its execution itself is put at risk.

III. That damages caused to the aggrieved with the execution of the act are difficult to repair.

The suspension will only be made if the applicant grants sufficient assurance on the damages and damages that the applicant may cause.

This guarantee must not be less than ten or greater than thirty percent of the amount of the economic proposal of the nonconforming and when it is not possible to determine such amount, of the approved budget for the procurement in question.

Where the suspension of the judgment has not been brought and the final decision favours the appellant, the appellant shall be entitled to the payment of damages only. caused.

Article 63. If the contest is made by the convoor entity or entity decides not to sign the respective contract it will cover, at the written request of the winner, the costs not recoverable in which it is incurred.

Refunds will only proceed in relation to non-recoverable expenses, which are reasonable, duly checked and relate directly to the competition that treat.

The Rules of Procedure shall indicate the procedures for determining the amounts and shall make the payments referred to in this Article.

Sixth Section

From Exceptions to the Contest

Article 64. Dependencies and entities, under their responsibility, may award public-private partnership projects without being subject to the the contest referred to in this Chapter, by means of invitation to at least three persons or of direct award, where:

I. There are no sufficient infrastructure or equipment development options, or that there is only one possible bidder on the market, or one person who owns the exclusive ownership of patents, copyrights, or other exclusive rights;

II. Be conducted exclusively for military purposes or for the Navy, or its procurement by means of contest puts national security or public security at risk, in the terms of the laws of matter;

III. Exist circumstances that may lead to significant, quantifiable, and verifiable losses or additional costs;

IV. A project awarded through a contest has been terminated prior to its commencement, in which case the project may be awarded to the contestant who has obtained the second or subsequent locations, provided that the difference in price with the initially winning proposal is not more than ten percent. In the case of competitions with points and percentages for the assessment, the proposal may be awarded to the winner of the proposal;

V. This is the replacement of a developer with early termination or termination of a running public-private partnership project; and

VI. The celebration of a strategic alliance that carries out the dependencies and entities with moral people dedicated to engineering, the research and technology transfer and development, in order to implement technological innovations in the national infrastructure.

The award of the projects referred to in this article will preferably be carried out through invitation to at least three persons, unless the Special circumstances warrant making them through direct award.

No direct award shall be made in respect of unsolicited projects referred to in the third chapter of this Law.

Article 65. The opinion that the award is in one of the assumptions of the previous article 64, of the origin of the procurement and, if applicable, of the particular circumstances that merit a direct award, it shall be the responsibility of the Holder of the dependency or entity seeking the development of the public-private partnership project.

Article 66. The procedures for inviting at least three persons and for direct award shall be carried out in accordance with the principles of legality, objectivity and impartiality, transparency and level playing field, as well as provision for measures to ensure that public resources are managed efficiently, effectively, transparently and honestly.

These procedures shall be applicable to the provisions of Articles 39, 40, and 42 of this Law.

In any case, it will be ensured that in these procedures people with the possibility of adequate response are invited, who have the financial, technical, operational capacity and other necessary to comply with their obligations.

Chapter Fifth

Of The Goods Required for Projects

First Section

From the Way to Acquire Assets

Article 67. The responsibility for acquiring the real estate, property and rights necessary for the execution of a public-private partnership project may be the convener, in the developer or both, as indicated on the basis of the contest and is appropriate in the respective contract. In any case, the bases should always consider the amounts necessary to cover the acquisition of the real estate, property and rights necessary, taking care not to generate undue advantages to the developers that may be previously owners of the properties intended for the execution of the project.

The acquisition of such real estate, property and rights will be done through the conventional route or through expropriation.

Article 68. To proceed with the acquisition through the conventional or, if applicable, the expropriation of the real estate, property and rights necessary for the project of public-private partnership, the Institute of Administration and Avaluos of National Goods or the institutions of credit of the country that are authorized, or to public corridors or professionals with the same, will be requested post-graduation, in the terms indicated by the Regulation.

The cited avalanches may consider, among other factors:

I. The forecast that the project to develop will generate, within its area of influence, a future surplus value of the real estate, property and rights of treat;

II. The existence of characteristics in the real estate, property and rights to acquire that, without being reflected in its commercial value, makes them technically suitable for the the development of the project concerned;

III. The affectation in the remaining portion of the real estate, property or rights of which the fraction is to be acquired; and

IV. The ancillary expenses not provided for in the commercial value, for the affected to replace the real estate, property and rights to acquire, when necessary to migrate those affected.

The application of the factors cited in the above fractions will be done in terms of the regulation.

In no case shall the acquisition or expropriation value be less than the tax value of the real estate and, where applicable, property and rights in question.

The avalanches will have a one-year term, which will be updated.

Section Second

From The Negotiation Procedure

Article 69. The unit or entity responsible may acquire the properties, assets and rights necessary for the approved project, by the conventional means with the or the legitimate holders.

The negotiations may include holders of other real rights, lessees, post-office rights, litigious rights and any other rights that are included in the title legitimate.

Article 70. The dependency or entity may cover, against the possession of the property, either right or right, advances up to the equivalent of fifty percent of the agreed price.

Also, once in possession, the dependency or entity may cover additional advances from the agreed price to pay for the cost of the costs. derivatives of the disposal.

Article 71. In the event of several negotiations with different counterparties in relation to the same property, either right or right, in the cases mentioned in the Article 69, second paragraph of this Law, the amounts covered by the conventional means may not exceed, as a whole, the amount determined in accordance with Article 68 of this Law for the same property, whether or not it is a property.

Article 72. Where part of a building is expropriated and the exploitation or use of the remaining area is economically unviable for the owner, the latter may ask the authority within 15 working days of the notification of the decree or the second publication of the decree in the Official Journal to acquire the said area, providing the evidence it considers to be that circumstance.

The authority shall resolve this within a maximum of 10 working days, with personal notification to the affected.

Article 73. The dependency or entity responsible shall carry a file of the negotiations for each project, in which the data and documents relating to the same as the Regulation points out.

Article 74. Those who dispose of the real estate, property and rights under the negotiation procedures referred to in this Section shall be obliged to (a) the case for the case of eviction, whether or not it is pointed out in the relevant documents.

Article 75. If the negotiations are conducted by the particular developer of the project, the parties will be free to do so and the parties will not be applicable. Articles of this Section.

In these cases, for the purposes of calculating the investment amounts in the project in question, the terms and conditions agreed in the contract will be Public-private partnership, regardless of the amount the developer pays for the acquisitions he makes.

Third Section

From Expropriation

First Sub Section

From the Public Utility Statement

Article 76. They are causes of public utility, in addition to those provided for in the Expropriation Act, in the Agrarian Law and in other applicable provisions, the acquisition of buildings, property and rights necessary for the implementation of a public-private partnership project in terms of this Law.

In order to prove the existence of the public utility, the opinion of the agency or entity in which the technical feasibility and social profitability of the Public-private partnership project.

The responsible dependency will proceed to make the public utility statement. For an entity, you will request the declaratory from the industry coordinator dependency.

Article 77. The public utility declaratory shall be published in the Official Journal of the Federation, in the official organ of the respective locality and shall be notified. personally to the owners of the buildings, property and rights in question.

To be ignored who are the holders, their domicile or location, a second publication of the declaratory in the same Journal will have the effects of personal notification. Official of the Federation and in the official organ of the respective locality. Between the first and second publications, no less than five or more than 20 working days shall elapse.

The interested parties shall have a period of 20 working days from which the notification takes effect, in order to express what is appropriate and to present the evidence. corresponding.

Elapsed, the authority will have, in turn, ten working days to resolve the arguments and evidence presented. The authority may confirm, amend or revoke the declaratory.

Article 78. The resolution on the declaration of public utility referred to in Article 77 immediately above shall have no ordinary means of defence and only may be challenged by judgment of amparo.

Where appropriate, the judicial authority shall review the opinion on the technical feasibility and social profitability in accordance with which the public utility declaration was made. is complete and meets the requirements of the law.

Article 79. The public utility declaratory shall be valid for one year, counted from the date on which it is established.

Sub Section Second

From Expropriation

Article 80. The expropriation of the real estate, property and rights necessary for a public-private partnership project will only proceed after the A corresponding public utility declaration is signed and in effect, in terms of the first immediate sub-section above.

The prior negotiation in terms of the previous section is not a requirement to proceed to expropriation.

Article 81. Expropriation shall be carried out in accordance with the following provisions:

I. The responsible dependency shall process the expropriation file, in which the declaratory of public utility referred to in the sub-section first Previous immediate. In the case of an entity, it will request the processing of the case from the sector coordinator dependency.

In the case of goods subject to the communal or ejidal regime, the expropriation file will be dealt with by the Secretariat of Agrarian Reform;

II. In the case of real estate, property and rights to register, initiated the expropriation procedure, the dependency that the file will process may request to the respective registry that performs the corresponding preventive annotation;

III. The Federal Executive will carry out the expropriation, by decree in which it refers to the declaration of public utility and indicates the amount of the compensation corresponding;

IV. The amount of the compensation shall be fixed on the basis of the endorsement referred to in Article 68 of this Act;

V. The expropriation decree will be published in the Official Journal of the Federation, in the official organ of the respective locality and will be notified personally to the holders of the buildings, property and rights expropriated.

To be ignored who are the holders, their domicile or location, a second publication of the decree in the same Official Journal will have the effects of personal notification. of the Federation and the official organ of the respective locality. Between the first and second publications, no less than five or more than 20 working days shall elapse;

VI. The administrative authority shall proceed to the occupation of the property, property and rights expropriated and, where appropriate, shall give ownership to the developer of the project, from the day of notification of the respective decree of expropriation.

In case of goods subject to the communal or ejidal regime, these may only be occupied after payment or deposit of the amount of the compensation, which will be made preferably in the National Fund for Ejidal Development or, failing that, by sufficient guarantee;

VII. The compensation shall be paid no later than forty-five working days following the date of publication of the expropriation decree.

In the case of goods subject to the communal or ejidal regime, the compensation must be paid immediately, once the expropriation decree has been published, and

VIII. The procedure provided for in this Article shall be applicable in the private, communal or ejidal property of the buildings, property and rights expropriated.

When the expropriation to be seen on goods subject to the communal or ejidal regime, the provisions of this law shall prevail and only if not provided for by this law, They will apply the provisions on expropriation contained in the Agrarian Law and its Rules of Procedure.

Article 82. If the property, property and rights expropriated have any mortgage or any other real nature, the compensation shall be entered to the competent authority, in order for the competent authority to determine the part corresponding to each of the rightholders who are affected.

In such cases, the compensation to the owner shall be reduced as appropriate to the charge in question, in such a way that the amount of both does not exceed the value of the has been free of charge.

In any case, the property, property and rights expropriated shall pass to the acquirer free of charge.

Article 83. In the event of litigation in relation to the ownership of the properties, assets and rights expropriated, or that the amount of the compensation shall be made available to the competent authority, to be used for the amounts and to the appropriate authority.

Article 84. Against the expropriation decree, there will be no instance or ordinary means of defense.

Within ten working days following the notification of the corresponding decree, the interested parties will be able to attend the ordinary civil trial, which will only be to issue the right or right, the amount of the compensation and, where appropriate, to demand the payment of damages.

To question the ownership of the property or right expropriated, the corresponding compensation will be made available to the judicial authority that knows the judgment civil ordinary, to assign it to those who make legitimate headlines, in the appropriate amounts.

In the case of the trial of amparo, the suspension of the expropriation or the occupation of the property, property or expropriated rights shall not be suspended.

Article 85. The acquisition of the real estate, property and rights through expropriation will not require public deed. Where appropriate, the respective decrees shall be entered in the Public Registry of the Federal Property and, where appropriate, in the public register of the property concerned.

Real estate, assets and expropriated rights will be passed on to the acquirer in a firm and definitive manner.

In the event that, if the expropriation was made, someone shows a better right in relation to the one of whom the compensation was received, no refund will be made. Those who have received the compensation will be liable for damages in favour of those who have judicially demonstrated their best right.

Article 86. If within a period of five years from the date of the respective decree, the expropriated property, property and rights are not intended wholly or in part for the project which gave rise to the expropriation, the persons concerned may request the authority which dealt with the file, the total or partial reversal, or the payment of damages caused.

The reversion request must be submitted:

I. Within the immediate year following the expiration of the five-year term referred to in the first paragraph of this article, or;

II. Within the immediate year following the date on which the expropriated properties, property and rights are destined for a different purpose, when this happens within the Five years ' time limit referred to above.

The authority that dealt with the file will dictate resolution within forty-five business days following the filing of the application.

To proceed with the reversal, in whole or in part, the Regulation will indicate the elements to determine the amount and the update of the compensation that the interested party will have return, as well as the amount that the person concerned has the right to receive for the damages that have been caused to him.

Chapter Sixth

From Public-Private Associations

First Section

Of The Services Delivery Authorizations

Article 87. When in a public-private partnership project the use of public goods or the provision of services by the or developers require permits, concessions or other authorizations to be granted in accordance with the provisions governing them, with the following provisos:

I. Your grant shall be made by means of the tender procedure provided for in this Law; and

II. The validity of each of the entitlements for the service delivery will be subject to the following:

a) When the maximum initial deadline set by the law governing the authorization is less than or equal to the forty-year period, the latter shall apply;

b) When the law governing the authorization establishes an initial maximum period of more than forty years, it will apply the longer term, and

c) Regardless of the initial period for which the authorization is granted, its duration, with any extensions that are granted in accordance with the law of the the matter may not exceed the maximum period laid down by that law.

Article 88. The authorizations mentioned above which, if necessary, must be granted, will contain only the essential minimum conditions which, according to the provisions that regulate them, allow the developer to use the goods or to provide the services of the project.

The other terms and conditions governing the relationship of the developer with the dependency or entity shall be the subject of the contract referred to in Section 2 next.

Article 89. The rights of the developers, derived from it or the authorizations for the provision of the services, may be transferred, given in warranty or be affected in any way, when they are transferred, secured or affect the rights of the relevant contract and subject to the authorisation of the dependency or entity that has granted them.

Article 90. When the public-private partnership contract is modified, the authorization or authorization for the provision of the services must be reviewed and, in its Case, appropriate adjustments be made.

Section Second

From Public-Private Partnership Contracts

Article 91. The public-private partnership contract may only be concluded with particular moral persons whose social object or purpose is exclusively, carry out those activities necessary to develop the respective project. The social object may also include participation in the corresponding contest.

The grounds of the contest shall indicate the minimum capital without the right to withdraw, statutory limitations and other requirements that such a company or trust must comply with.

Article 92. The public-private partnership contract must contain at least:

I. Name, identification data, and legal capacity of the parties;

II. Personality of legal representatives of the parties;

III. The object of the contract;

IV. The rights and obligations of the parties;

V. The characteristics, specifications, technical standards, performance and quality levels for the execution of the work and delivery of the services;

VI. The relationship of the property, property and rights affected to the project and its destination to the termination of the contract, in accordance with the provisions of Article 123 of this Act and the obligation to maintain such an updated relationship;

VII. The financial regime of the project, with the consideration for the developer;

VIII. The indication that the properties, property and rights of the project may only be affected in terms of the following Article 93;

IX. The terms and conditions under which the developer must agree with their respective creditors, in the event of non-compliance with them, the temporary transfer of the control of the development company itself to its creditors, subject to the authorisation of the contracting entity or entity;

X. The system of distribution of risks, technical, execution of the work, financial, by chance or force majeure and of any other nature, between the parts, which must in any case be balanced. The agencies and entities shall not be able to guarantee to the developers any payment for risks other than those established in the contract or established by mechanisms other than those indicated by this law and its regulations;

XI. The period for the beginning and termination of the work, for the commencement of the service, as well as the term of validity of the contract and, if applicable, the regime for extending them;

XII. The indication of the authorizations for project development;

XIII. The assumptions of termination and early termination of the contract, its effects, as well as the terms and conditions for carrying them out;

XIV. The regime of conventional penalties and penalties for non-compliance with the parties ' obligations;

XV. The dispute resolution procedures; and

XVI. The others that, if any, the Regulation sets.

For the purposes of this Law, the contract and its annexes are the instruments that bind the parties to their rights and obligations. The terms and conditions of the terms of the contract and the terms of the clarification boards shall not be contrary to the terms and conditions of the contract.

Article 93. The public-private partnership contract will have as its object:

I. The provision of services that the project involves; and

II. Where appropriate, the execution of the necessary infrastructure work for the provision of the services cited.

Article 94. The developer shall have the following rights, without prejudice to any other applicable provisions:

I. Receive the consideration for project development, provided for in the financial regime of the contract;

II. Request extension of contract deadlines, when these have been delayed for reasons attributable to the contracting entity or entity; and

III. Receive the indemnities provided for in the contract, for damages arising from the delays mentioned in the previous immediate fraction.

Article 95. The developer shall have at least the following obligations, without prejudice to any other applicable provisions:

I. Provide contracted services, with the performance levels agreed;

II. Where appropriate, execute the required infrastructure work for the provision of the services object of the contract;

III. Meet the instructions of the dependency or contracting entity, when they are issued on a legal basis or according to the terms of the contract;

IV. Hire insurance and take the risks set out in the contract;

V. Provide financial information and any other nature requested by the contracting entity or entity and any other competent authority;

VI. Allow and facilitate monitoring and audits in accordance with applicable provisions and the contract;

VII. Save confidentiality regarding project information and documents, within the scope and time limits specified in the contract; and

VIII. Meet the social communication regime agreed in the contract.

Article 96. The developer will be responsible for providing the resources for the execution of the work and the delivery of the services.

Under the terms and conditions established at the basis of the competition, the contracting entity or entity may provide, in goods, rights, numerary or any other form, resources for the execution of the work and the provision of services. These contributions shall not give the public character to the instance that receives them, in accordance with the provisions of the Federal Law on Budget and Accountability.

Article 97. The real estate, property and public domain rights of a public-private partnership project shall be applicable to the General Property Law. National and other relevant provisions.

Other buildings, goods and rights incorporated into the infrastructure, or necessary for the provision of the project services, may not be disposed of, mortgaged, taxed or in any way affected, without prior express and written authorization from the dependency or contracting entity, which may not be refused except for justified reasons.

This is without prejudice to other authorisations which, in accordance with the applicable provisions, correspond to other competent agencies or agencies.

Article 98. The time limits for contracts, with their carryovers, shall not exceed, as a whole, forty years, except as provided for in Article 87 (II), of the Law.

Article 99. When at the basis of the contest it is expected that the developer will grant guarantees, the cost of these-as a whole-should not exceed:

I. During the construction of the infrastructure in question, of the equivalent of fifteen percent of the value of the works; and

II. During service delivery, the equivalent of ten percent of the annual consideration for the services themselves.

The Regulation will establish the guidelines and method of calculation of the above amounts.

The guarantees mentioned will include those provided for in the laws regulating the authorizations for the development of the public-private partnership project treat.

Article 100. In the event that the project's profitability so permits and as established on the basis of the contest and the respective contract, the the developer may require the developer, irrespective of the other applicable provisions, to require the developer, or some of the following:

I. The reimbursement of the value of the real estate, property and rights contributed by public sector entities or entities, used in the project;

II. The reimbursement of amounts by concept of remnants and other items in the form and terms that are established in the bases or in the contract.

III. The payment of duties for the supervision and supervision of the execution of the work or the provision of services, provided for in the legal provisions applicable; or

IV. Any other that the parties stipulate in the contract.

The insurance that the development company will have to contract and maintain in force will cover at least the risks to users, the infrastructure and all goods affected by the service, as well as those of civil liability.

For these purposes, the development company will contract with a specialized company, previously approved by the agency or the contracting entity, the elaboration of a risk assessment, coverage, compensation, minimum amounts, validity and other terms and conditions of insurance.

This study will serve as a basis for the parties to agree on the characteristics and scope of such insurance.

Article 101. The subcontracting of the execution of the work or the provision of the services may only be performed under the terms and conditions set forth in the bases and expressly agreed by the parties and after authorization of the dependency or contracting entity. In any case, the developer will be solely responsible to the dependency or contracting entity.

Article 102. The rights of the developer, arising out of the public-private partnership contract, may be given in a guarantee in favour of third parties, or any manner, in the terms and conditions that the contract itself points to and prior to the authorization of the contracting entity or entity.

In the same way, representative shares of the developer's capital may be guaranteed or transmitted in accordance with the statutory provisions. applicable and prior to the authorization of the contracting entity or entity.

Article 103. The developer may assign the rights to the contract, in whole or in part, upon authorization of the contracting entity or entity.

This assignment can only be performed on the assumptions, terms and conditions provided for in the contract itself.

Chapter Seventh

From Running Projects

First Section

From Running the Work

Article 104. In public-private partnership projects, the developer will be responsible for delivering services with performance levels agreed and, where appropriate, the construction, equipment, maintenance, conservation and repair-minor and major-of the infrastructure necessary for the provision of the services.

Article 105. The construction, equipment, maintenance, conservation and repair of the infrastructure of a public-private partnership project shall be be carried out in accordance with the programme, characteristics and technical specifications agreed in the relevant contract, as well as observe the provisions of environmental protection, preservation and conservation of the ecological balance, human settlements, urban development and other applicable, in the fields federal, state and municipal.

They will not be subject to the Public Works and Services Act, the Acquisitions, Leases, and Services of the Public Sector Act, or the provisions which they derive from the works and services provided by private individuals in order to fulfil their obligations in a public-private partnership project.

Section Second

From Services Capability

Article 106. The developer must provide the services on a continuous, uniform and regular basis, under conditions that prevent any discriminatory treatment, with the agreed performance levels, in the terms and conditions provided for in the contract, authorisations for the provision of services, as well as the applicable provisions.

Article 107. The service delivery will begin upon authorization from the dependency or contracting entity.

The above authorization will not proceed without the prior technical verification that the facilities meet the security conditions according to the specifications of the project and those required by the applicable provisions.

Third Section

Common Provisions for the Execution of the Work and the Provision of Services

Article 108. Except for modifications determined by the contracting entity or entity in terms of Article 119 of this Law, and in other cases expressly provided for in the respective contract, the risks of operation, the provision of services and, where appropriate, the construction of the infrastructure and financing of the project, shall be borne by the developer.

Article 109. Infrastructure works may include installations for the performance of complementary, commercial or other activities, which are suitable for service users, and are compatible and capable of differentiated use of the main service.

Where appropriate, the characteristics, terms and conditions for executing and using these facilities should be provided for in the respective Partnership Contract. public

private.

Article 110. If the rights deriving from the public-private partnership contract and, where applicable, the authorizations for the provision of the services, or the buildings, property and rights incorporated into the infrastructure or intended for the provision of services, not considered as public, were given as collateral or affected in any way, and such guarantees or affectations were made effective, holders of the same shall only be entitled to the flows generated by the project, after deducting the expenses and tax charges from them.

The holders of the guarantees or affectations may, on their own account and subject to the authorization of the dependency or contracting entity, hire a supervisor of the execution of the work or the provision of services.

The holders of the guarantees or affectations may not object to any measure that is necessary to ensure continuity in the execution of the work or in the service delivery.

The provisions of the two preceding paragraphs must be included in the titles of the authorizations for the provision of services, as well as in the contract of the project.

Article 111. In the case of a developer's business contest, the authority that knows about it, with the support of the dependency or contracting entity, shall have the measures necessary to ensure continuity in the execution of the work or in the provision of the service.

Section Fourth

From Project Intervention

Article 112. The dependency or contracting entity may intervene in the preparation, execution of the work, provision of the services, or at any other stage the development of a public-private partnership project, when the developer fails to comply with its obligations, for reasons attributable to it, and jeopardises the development of the project itself.

For such purposes, you must notify the developer of the cause of the intervention, and point out a time limit for the intervention. If the developer does not correct it within the prescribed period, the contracting entity or entity shall proceed to the intervention, without prejudice to the penalties and responsibilities in which the developer incurs.

In these assumptions, and as agreed upon in the respective contract, the early termination of the contract itself may proceed.

Article 113. In the intervention, the execution of the work or the provision of the service shall be the responsibility of the contracting entity or entity and, where appropriate, the (i) consideration of the latter. For this purpose, you can designate one or more interventors, use the staff that the developer was using, and hire a new builder or operator.

The intervention will not affect the rights acquired by bona fide third parties related to the project.

Article 114. The intervention shall have the duration that the dependency or the contracting entity determines, without the original period and, where appropriate, extended or extended, may exceed, as a whole, three years.

The developer will be able to request the termination of the intervention, when it demonstrates that the causes that originated it were solved and that, henceforth, it is in the ability to fulfil the obligations under his or her duties.

Item 115. Upon completion of the intervention, the project administration and revenue received will be returned to the developer after deduction of all expenses and fees of the intervention, as well as the penalties in which, if any, he has incurred.

Article 116. If the intervention period has elapsed, the developer is not in a position to continue with its obligations, dependency or entity The Contracting Party shall terminate the contract and, where appropriate, revoke the authorisations for the development of the project or, where appropriate, request its revocation to the authority that has granted them.

In such cases, the dependency or contracting entity may be directly responsible for the execution of the work and the provision of the services, or to hire a new developer by contest in terms of the fourth chapter of this Law.

Eighth Chapter

From Modification and Extension of Projects

First Section

From Modification to Projects

Article 117. During the original term of a public-private partnership project, only modifications may be made to it when they have the same object:

I. Improve the features of the infrastructure, which may include additional works;

II. Increase services or their performance level;

III. Understanding aspects related to environmental protection, as well as the preservation and conservation of natural resources;

IV. Adjust the scope of projects for non-predictable supervenlient causes when project preparation and adjudication is performed; or

V. Reset the economic balance of the project, in the assumptions of Article 119 of this Law.

No modification should involve risk transfer from one party to the other, in terms other than those agreed in the original contract.

To modify the public-private partnership contract or, where appropriate, the respective authorizations for the development of the project, they will need to be modified in the conduct, the other of those documents.

Article 118. In the cases of fractions I, II, and IV of the preceding immediate item 117, the modifications shall be as follows:

I. If they do not require any additional consideration or imply a decrease in the developer's obligations, they may be agreed at any time;

II. If the modifications require additional compensation, or imply decreases in the developer's obligations, each and every one of the Following requirements:

a. Compliance with or from the assumptions identified in Sections I, II and IV of Article 117 above, the need and benefits of the modifications, as well as the amount of the additional compensation or the reduction of obligations shall be demonstrated with the opinion of independent experts;

b. For the first two years following the project award, the amount of the modifications, as a whole, may not exceed Twenty percent of the agreed cost of the infrastructure, as well as the consideration for services during the first year of its delivery; and

c. When after the first two years of the project, the modifications, previously authorized and authorized, exceed the Twenty percent of the agreed cost of the infrastructure, as well as the consideration for the services during the first year of its delivery, must be expressly approved in writing by the owner of the agency or entity

The Regulation will establish the guidelines, calculation and updating ways to determine the amounts quoted in this fraction.

The agreed amendments may include, inter alia, the extension of the time limits for the contract and the authorisations for the development of the project.

Article 119. In order to restore the economic balance of the project, the developer will be entitled to the revision of the contract when, derived from an act administrative, legislative or jurisdictional, competent authority, substantially increase the cost of project implementation, or reduce, also substantially, the benefits to its advantage.

For these purposes, it is understood that the variations quoted are substantial when they are durable and put the financial viability of the project at risk.

The review and, if applicable, the contract adjustments will only proceed if the act of authority:

I. Takes place after the date of presentation of the economic positions in the contest;

II. It has not been possible to preview it when preparing and awarding the project; and

III. Represent a change to the applicable project development provisions.

The contracting entity or entity shall make adjustments to the terms and conditions of the contract, including the consideration for the developer, which are justified by the new conditions resulting from the act of authority concerned.

Similarly, the revision of the contract will proceed when an economic imbalance of the contract occurs, which implies a performance for the older developer. provided for in its economic proposal and in the contract itself.

Article 120. Any modification to a public-private partnership project shall be included in the respective agreement and, where appropriate, in the respective authorizations for project development.

In cases of urgency or those where the security of users is put at risk, the dependency or contracting entity may request in writing from the developer that carry out the actions that correspond, even before the formalization of the respective modifications.

Section Second

From Extension of Projects

Article 121. Prior to the expiration of the original term of the contract, the parties may agree to extend and, where appropriate, revise the terms of the contract.

For the purposes of granting extensions, the agency or entity should consider any change in material, technological and economic conditions under the the provision of services is carried out in order to determine whether the granting of the extension is relevant, or where appropriate the call for a new tender.

In this period, the extensions to the authorisations for the provision of services relating to the public-private partnership project may also be requested, regardless of what the provisions that regulate them are.

Chapter Ninth

From Public-Private Partnership Termination

Article 122. Without prejudice to the others provided for in each contract, the following shall be the causes of termination of the public-private partnership contracts:

I. The cancellation, abandonment, or delay in the execution of the work, in the assumptions provided for in the contract itself;

II. The non-provision of the contracted services, their delivery in terms other than the agreed terms, or the suspension of these services for more than seven calendar days followed, with no justified cause; and

III. In case the project requires authorizations for the provision of the services, the revocation of the services.

In any case, non-compliances will be subject to the provisions of the contract and any dispute in this respect will be settled by the federal courts, or, where appropriate, by the appropriate arbitration procedure.

Article 123. At the termination of the contract, the real estate, property and rights, incorporated into the infrastructure or indispensable for the service delivery, shall be transferred to the control and administration of the contracting entity or entity. The other goods necessary for the provision of the service shall be subject to the public domain regime of the Federation, dependency or contracting entity, in the terms agreed upon in the contract.

The transfer of the property, property and rights in terms of the preceding paragraph shall not imply the affectation of the rights acquired by third parties of good faith, who will keep them in all their terms and conditions.

In accordance with Article 92, part XIII, above, and the provisions of the Regulation, the public-private partnership contract shall contain the terms and conditions in which, in the case of early termination, the developer of the amount of investments that he demonstrates has made is reimbursed.

Article 124. The contracting entity or dependency will have an option to purchase in relation to the other property owned by the developer, which is intended for the the provision of contracted services.

Chapter Tenth

Project Monitoring

Article 125. Correspond to the Secretariat of the Civil Service, in exercise of its powers, to supervise that the preparation, initiation and award of the projects of public-private partnerships, as well as other acts governed by this Law, comply with the provisions of this Law, except for the aspects and acts referred to in the following paragraphs.

The exclusively technical aspects of public-private partnership projects shall not be subject to the supervision of the Secretariat of the Civil Service.

The supervision of the provision of services, where appropriate, of the execution of the work and, in general, of the fulfilment and development of the partnership project public-private, shall be solely the responsibility of the contracting authority or entity and the other competent authorities.

The supervision of the authorisations for the execution of the works, as well as for the provision of the services, shall be the responsibility of the authorities that have granted them.

Article 126. The monitoring of the provision of services, the execution of the work, as well as the fulfillment of the authorizations for the development of the project, shall be carried out in accordance with the applicable provisions, as well as with the agreed contract.

The competent authority or entity may contract with third parties, in accordance with Article 20 of this Law, control and supervision services of the association projects public

private.

Article 127. Dependencies, entities, and developers shall keep all documentation and electronic evidence of the acts and contracts subject to of this Law, during the term of the contract and for an additional period of 12 years, counted from the date of termination of the contract.

After that period, it may be destroyed in accordance with the applicable provisions.

Chapter Untenth

Of Infractions and Sanctions

Article 128. Failure to comply with the provisions of this Law, by public servants, shall be sanctioned by the Secretariat of the Civil Service in accordance with the Federal Law on Administrative Responsibilities of Public Servants, and other applicable provisions.

The Secretariat of the Civil Service will monitor the procurement processes of this law, in the terms of the powers that the Organic Law of the Administration The Federal Government and its internal rules of procedure grant it. In the same way the Higher Audit of the Federation will exercise its powers of audit and audit in the terms that the constitutional and legal provisions point out.

Article 129. Failure to comply with the obligations of the public-private partnership contract will result in the conventional penalties agreed upon in the contract itself, which may include reductions in consideration for the developer.

In the cases of non-compliance with the authorizations for the development of public-private partnership projects, the provisions governing such projects will be instruments.

Article 130. In addition to the penalties that, if applicable, proceed in accordance with the applicable provisions, the Secretariat of the Civil Service may disable temporarily to participate in procurement procedures or to conclude contracts regulated by this Law, in the Law on Procurement, Leases and Services of the Public Sector, as well as in the Law of Public Works and Services Related to the Same, to the people who are in one of the cases following:

I. Contestants who unjustifiably and for reasons attributable to them do not formalize the contract that has been awarded to them;

II. The developer who does not meet his contractual obligations for causes attributable to him and who, as a consequence, causes serious damages to the the dependency or entity concerned.

III. Natural or moral persons-and administrators representing them-who provide false information, or act with dolo or bad faith in any proceedings in the conclusion of the contract or in the course of its execution, or in the filing or the termination of a complaint, in a conciliation hearing or an infringement;

IV. Persons who engage in advisory, consulting or support services in the field of government procurement, if all or part of the Consideration paid to the service provider, in turn, is received by public servants, by itself or by person, regardless of whether or not those who receive them are related to the procurement, and

V. Person or persons, natural or moral, who have the control of a moral person who are in the cases provided for in fractions I, II and IV Previous immediate.

For these purposes, one or more persons, natural or moral, shall be understood to have the control of a moral person when they are in the possibility of carrying out any of the following acts:

a. Impose, directly or indirectly, decisions in the general meetings of shareholders, partners or equivalent bodies, or appoint or remove the majority of members, administrators or their equivalents;

b. Maintain the entitlement of rights that allow, directly or indirectly, to exercise the vote in respect of more than fifty percent of the share capital, or

c. Direct, directly or indirectly, the administration, strategy, or principal policies of the moral person, either through the property of securities, by contract or in any other way.

Article 131. The disablement that the Secretariat of the Civil Service imposes in terms of Article 130 of this Law shall not be less than three months nor greater than five months. years, which shall begin to be counted from the day following the date on which it is made of the knowledge of the agencies and entities, by publication of the respective circular in the Official Journal of the Federation.

Article 132. The dependencies or entities, within ten immediate business days following the date on which they have knowledge of facts that presumably may give rise to a disablement, they shall send to the Secretariat of the Civil Service the documentation of the same.

Article 133. The administrative responsibilities referred to in this Chapter shall be independent of those of civil or criminal law that may derive from the commission of the same facts.

Chapter Twelfth

of Controversies

First Section

Expert Committee

Article 134. In case of differences of technical or economic nature, the parties to the public-private partnership contract will try to resolve them by mutual agreement. agreement and attachment to the principle of good faith.

The stage of negotiation and, where appropriate, agreement on the matter will have a period of time that the parties agree to. In the event that the parties do not reach agreement within the agreed time limit and, where appropriate, in their extension, they shall subject the divergence to a committee composed of three experts in the field concerned, designated by each party and the third party by the parties.

The committee will know about those differences of technical or economic nature, without being able to know about legal issues.

Article 135. Within five working days following the expiration of the periods referred to in Article 134 immediately above, the interested party shall notify the its warning counterpart which shall contain:

I. The decision to submit the divergence to the expert committee;

II. The designated expert on your part;

III. The divergence to resolve and a description of it, as wide as possible, with the facts that have resulted in it;

IV. The evidence against which you intend to justify your claim; and

V. The proposal to resolve the divergence.

Within five working days immediately following receipt of the above notification, the notified party must reply, with the same requirements as Previous fractions II, IV and V.

Article 136. The experts appointed by the parties will have two working days, from the parties ' written submissions, to designate the third party. expert and integrate the committee.

If no agreement is reached, the third member of the committee shall be appointed, by way of impartial procedure, within a period not exceeding 10 working days, in accordance with the Regulation indicate.

Article 137. The committee shall be composed of the elements of judgment it deems necessary in order to analyze each of the positions of the parties. He shall receive a joint hearing from the parties. In any event, it shall deliver its opinion within a period of no more than 60 working days from the date of its establishment.

If the opinion is adopted unanimously, it will be binding on the parties. Otherwise, the rights of each of them will be saved.

Section Second

Arbitration and Reconciliation Procedure

Article 138. The parties to a public-private partnership contract may agree on the possibility of going to the Secretariat of the Civil Service. submit a request for conciliation for disagreements arising from the performance of the contract, which shall be processed in accordance with the procedure laid down in the Law on Procurement, Leases and Services of the Public Sector, or the Law of Public Works and Services Related to the Mismas, according to and their respective regulations.

Article 139. The parties to a public-private partnership contract may agree to an arbitration procedure, in strict law, to resolve disputes. which result in the performance of the contract itself in terms of the provisions of Title IV of the fifth book of the Commercial Code.

The arbitral procedure may be agreed upon in the contract itself or in an independent agreement. In any case, it will fit the following:

I. The applicable laws will be Mexican Federal Laws;

II. It will be carried in Spanish language; and

III. The award will be mandatory and firm for both parties. If appropriate, only the trial of amparo will proceed.

The revocation of concessions and authorizations in general, or acts of authority, may not be the subject of arbitration.

The settlement of disputes relating to the legal validity of any administrative act may only be settled by the federal courts.

Third Section

Federal Jurisdiction

Article 140. It is for the federal courts to hear of the disputes arising out of the interpretation or application of this Law, as well as of the acts which are to be held on the basis of it or the provisions of the same.

Article 141. The authorities who are aware of the disputes arising out of the interpretation or application of this Law, or of the acts to be held with the basis for it or the provisions of the same emanen, shall provide the necessary for the development of the project, or the provision of the service under the contract, not to be interrupted.

Section Fourth

Common Provisions of the Dispute Chapter

Article 142. To initiate any administrative or jurisdictional proceedings relating to acts referred to in this Law or to the provisions of this Law emanate, the individuals must provide security to cover the fines, damages and damages that may arise.

The Regulation will indicate the amounts, terms and conditions of these guarantees.

Article 143. The authority, jurisdictional or administrative, which knows of a performance notoriously inappropriate or as a merely delaying tactic, may impose to the person who promotes the administrative fine of five hundred and up to two thousand times the daily minimum daily wage for the Federal District, raised to the month, in force at the date of the appeal.

You may also condemn the person liable to pay the convener and, where appropriate, the third parties concerned, the damages and damages caused by such conduct, with independence from other administrative, civil and criminal responsibilities to which there is a place.

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TRANSIENT

FIRST. This decree shall enter into force on the day following that of its publication in the Official Journal of the Federation, except as provided for in the transitional NEXT QUINTO.

SECOND. Projects that are comparable to public-private partnership projects, which have been previously initiated and are in the process of being hired, implementation or development at the entry into force of this decree, shall continue to be governed in accordance with the provisions in force prior to the entry into force of this decree.

In case of public-private partnership projects that are in the stage of preparation for the entry into force of this decree, the agencies and agencies will be subject to the provisions of the Law on Private Public Associations, with absolute respect for the rights acquired by third parties interested in hiring.

THIRD. The Federal Executive, for the issue of the corresponding regulation, will have a period of twelve months from the entry into force of the present Decree. The preparation and commencement of the projects referred to in this law shall be subject to the issuance of the corresponding guidelines by the Secretariat of Finance and Public Credit.

FOURTH. The Secretaries of State may apply the measures referred to in this decree within the procedures of expropriation in progress at the entry into force. of this decree.

QUINTO. The reform of Article 50 of the General Law of National Goods will take effect when the electronic consultation mechanism of the Heritage Inventory Real estate Federal and Parastate is in operation, which will have verification within a period not greater than 180 days from the day following the publication of the Decree in the Official Journal of the Federation. To this end, the Secretariat of the Civil Service shall publish in the Official Journal of the Federation the respective notice.

SIXTH. Chapter IV of Title First of the Third Federal Code of Civil Procedures is repealed, including Articles 521 to 529 of the ordering.

Mexico, D. F., as at 14 December 2011.-Dip. Emilio Chuayffet Chemor, President.-Sen. José González Morfin, President.-Dip. Guadalupe Perez Dominguez, Secretary.-Sen. Adrian Rivera Perez, Secretary.-Rubicas."

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, on 15 January of two thousand twelve.- Felipe de Jesús Calderón Hinojosa.-Rubrias.-The Secretary of the Interior, Alejandro Alfonso Poire Romero.-Heading.