ARGENTINA (PPP)

 

ARGENTINA (PPP)

 

LATIN AMERICA AND CARIBBEAN

GNI PER CAPITA (IN USD)
$11,970

 

 

 

 

 

Preparation of PPPs

 

 

Central budgetary authority's approval

Yes

Only before tendering

Fiscal treatment of PPPs

Yes

Only specific budgetary treatment

PPPs' prioritization consistent with public investment prioritization

Yes

Detailed procedure not regulated

Economic analysis assessment

Yes

No specific methodology developed

Fiscal affordability assessment

Yes

No specific methodology developed

Risk Identification

Yes

No specific methodology developed

Comparative assessment (value for money analysis)

Yes

No specific methodology developed

Financial viability or bankability assessment

Yes

No specific methodology developed

Market sounding and/or assessment

No

 

Environmental impact analysis

Yes

No specific methodology developed

Assessments included in the RFP and/or tender documents

Yes

Assessments also available online

Draft PPP contract included in the RFP

Yes

Tender documents also available online

Standardized PPP model contracts and/or transaction documents

No

 

 

 

 

 

 

Procurement of PPPs

 

 

Evaluation committee members required to meet specific qualifications

No

 

Public procurement notice of the PPP issued by procuring authority

Yes

Available online

Foreign companies permitted to participate in PPP bidding

Yes

 

Minimum period of time to submit the bids

Yes

60 calendar days

Availability of various procurement procedures for PPPs

 

Open procedure (single-stage tendering). Competitive dialogue and/or multi-stage tendering

Direct negotiation not discretionary

Yes

 

Tender documents detail the procurement procedure

Yes

 

Tender documents specify prequalification/shortlisting criteria (if apl.)

Yes

 

Clarification questions for procurement notice and/or the RFP

Yes

Answers publicly disclosed

Pre-bidding conference

No

 

Financial model submitted with proposal

No

 

Proposals solely evaluated in accordance with published criteria

Yes

 

Treatment when only one proposal is received

Yes

Detailed procedure not regulated

Publication of award notice

Yes

Available online

Notification of the result of the PPP procurement process

Yes

Grounds for selection included

Standstill period

Yes

5 calendar days. Standstill period not set out in the award notice

Negotiations with the selected bidder restricted

Yes

 

Publication of contract

No

 

 

 

 

 

 

PPP Contract Management

 

 

System to manage the implementation of the PPP contract

Yes

Establishment of a PPP contract management team. Detailed membership and/or qualifications of the PPP contract management team regulated

System for tracking progress and completion of construction works

Yes

 

Monitoring and evaluation system of the PPP contract implementation

Yes

Performance assessment against established criteria. Procurement authority gathers information

Foreign companies permitted to repatriate income

Yes

 

Change in the structure (stakeholder composition) of the private partner and/or assignment of the PPP contract regulated

Yes

Changes in the private partner during an initial period regulated. Same qualifications legally required for the replacing entity

Modification/renegotiation of the PPP contract (once the contract is signed) regulated

Yes

Unilateral modification by the procuring authority possible. Regulations about: changes in the scope; changes in the economic balance; changes in duration; changes in the price or tariff

Circumstances that may occur during the life of the PPP contract regulated

Yes

Force majeure. Material adverse government action. Subcontracting

Dispute resolution mechanisms

Yes

Local administrative review body. Domestic arbitration. International arbitration. Investor-State Dispute Settlement (ISDS)

Lenders' step-in rights

Yes

To be regulated as part of a direct agreement or in the PPP contract

Grounds for termination of a PPP contract

Yes

Consequences of termination expressly regulated

 

 

 

 

 

Unsolicited Proposals

 

 

Regulation of USPs

 

Expressly regulated

Assessment to evaluate unsolicited proposals

Yes

 

Vetting procedure and/or pre-feasibility analysis of USPs

Yes

 

Evaluation of consistency of USPs with other government priorities

Yes

Detailed procedure not regulated

Competitive PPP procurement procedure for USPs

Yes

 

Minimum period of time to submit the bids

Yes

60 calendar days