LEY 13064 PDF
Law 13, on Public Works,lv which at Article 1 considers as is of the age provided for in the law on social security (la ley previsional) for. Tema(s): Seguridad social. Tipo de legislación: Ley. Adoptado el: Entry into force: Publicado el: Bundesgesetzblatt, ISN: AUTL & In: KOZ | Ot, M.J., WHAT LEY, F.R. (ed.).
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The Infrascope index is a benchmarking tool that evaluates the capacity of countries to implement sustainable and efficient public-private partnerships PPPs in key infrastructure sectors, principally transport, electricity, water and solid waste management. It aims to help policymakers identify the challenges to private-sector participation in infrastructure that, if overcome, could unlock the power of PPPs and support the broader development agenda. This established a stable framework for promoting, attracting and facilitating public-private concessions and PPPs.
The law covers rules on competitive bidding, unsolicited proposals, selection criteria, award 1364, contracts and modifications, termination of contracts, financial issues and dispute settlements. Albania has also advanced its operational clarity, with manuals available on the website of the Agency of Public Procurement, explaining the technicalities of the tender procedure. Despite positive developments in 130644 regulatory framework, there are weaknesses at an institutional level, with uncertainty among public-sector staff about the required steps 130064 procedures for pursuing PPPs.
Lack of financial and human resources in line ministries is an issue, and better project identification processes and feasibility studies are needed, supported key appropriate technical manuals.
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Contract management and performance-monitoring of PPPs have also been inefficient, and risk-allocation practices are suboptimal. There are no clear provisions in the regulations regarding accounting of contingent liabilities in PPP projects. Category scores per country compared to global and regional average. For the full regional analysis and bibliography please see the Infrascope report. Argentina remains heavily underinvested in infrastructure.
The sovereign debt default in December and the introduction of currency controls and import restrictions instituted during —15, as well as tariff controls in transport and energy concessions, led to reduced service levels and energy bottlenecks. In opening up to these markets and presenting the new 113064 on PPP contracts, the government aims to boost investment in infrastructure through PPPs.
Summary of the enabling environment for PPPs. The lack of investor confidence in the country following the sovereign debt default in December resulted in a lack of PPP projects since The country had several regulations governing PPPs, but recently amended them in an attempt to attract investment.
It follows the resolution of the sovereign bond default in and several market-friendly measures introduced by the new administration and 130664 an alternative mechanism for PPPs. The law, written as a lsy piece of legislation to allow its passage, was further enhanced by regulations published in February The main challenge for the country lies in restoring investor confidence in order to raise the required financing—both at the federal and lsy levels—after years of underinvestment.
From onwards the Belarusian government has pursued an investment promotion policy. The priority PPP sectors have included transport and customs facilities With the support of international financial institutions the Belarusian government has initiated a number of PPP projects, including the reconstruction of the M road, the renovation of a hospital and the building of kindergartens.
At present, these projects are in their initial stages preparation of feasibility studies, selection of consultants. Belarus has improved its legal and institutional environment for PPPs.
The law, prepared with the support of international expert agencies, aligns with international best practices. Supporting regulatory legal acts were 1304 approved, describing bidding processes, project selection and feasibility studies, and further legislative amendments are in development. Despite the improving legal and institutional framework, lfy is room for enhancing implementation capacity and improving project oversight. The existing PPP framework lacks key elements, such as national project preparation facilities and project implementation funds, sustainable and mature financial facilities, and independent oversight.
The legal framework does not consider facility-management projects in the social sphere le an investment component as PPPs. The complexity of PPPs compared with conventional types of procurement and infrastructure project implementation schemes undermines the benefits of PPPs in the eyes of some decision-makers. The Government of Oey is emphasising public-private partnerships to build infrastructure. The transportation sector is expected to be the primary focus of the PAG, including completion of the Benin-Niger railway linking Cotonou and Niamey, highway renovation in the north entering Togo and Nigeria, and upgrades to the Port of Cotonou.
Elected inPresident Talon brought in private business to eliminate persistent power outages that are a ely on the economy. Rules for PPP implementation, including regulations pertaining to all project phases, are codified in the Private-Public Partnership Law of 11 October, The PAG describes, in broad strokes, the anticipated role of PPPs as the dominant mode of public procurement 31064 the next five years, while the law provides a comprehensive framework for announcements, concessions, contract management, reporting 113064 the establishment of regulatory bodies.
Key agencies include the Public-Private Partnership Support Unit, 130644 line ministry-level body that reports to the Council of Ministers; the National Procurement Control Department, overseeing the call for tenders; and the Public Market Regulatory Authority, which mediates disputes between private partners and contracting authorities.
Although PPPs have been a modality for public procurement in Benin for more than a decade, formalisation of PPPs under law is still in an 113064 stage.
While Benin has a highly-regarded civil service by regional standards, recent setbacks in power purchase agreements have been attributed to a dearth of domestic expertise on PPPs.
Transparency needs to be improved. A constitutional amendment proposed by President Talon to establish an accounting court that would investigate fraud and malfeasance in the PPP sphere was narrowly defeated in the National Assembly. However, the amendment is stated 133064 reintroduction and may have the political support to become law.
Benin is also susceptible to endogenous and exogenous shocks that could hamper PPPs, despite their broad political support. In general Brazil has struggled to bridge its infrastructure gap. Facing the challenge to increase investment, and more so now given the recent economic crisis, the country has relied heavily on PPPs.
In the first half ofBrazil reached financial closure on 27 out of contracts. Two relevant trends identified in will mark further development of PPPs in the country.
The first is the diversification of the type of assets and services delivered by the PPP mechanisms, including 1306, education, prisons, street lighting, and management of environmental and several other social infrastructure projects. The second is the leading role of subnational governments in infrastructure development outside the energy sector. Despite the central government managing larger projects associated with economic infrastructure, most of the projects prepared in were led by local authorities, which will produce a large pipeline of subnational non-energy sector projects in the coming years.
The regulatory environment for PPPs in Brazil is detailed and has been steadily evolving since the early concession framework ldy the mids.
Besides sector-specific regulations, there are two main laws. Dispute resolution, transparency in procurement processes and protection for investors against unilateral contract changes are all dealt with at length, leaving little room for discretion in the implementation of the framework.
In institutional terms, the country went through two significant changes in The first was the creation of a central department for PPPs within the presidential office the PPI secretariatwhich is responsible for several functions associated with central PPP units, such as the promotion of PPPs, support for procuring authorities and capacity building.
The first challenge is the need to further develop capital markets and increase participation of commercial banks and institutional investors, both domestic and foreign, occupying the space left by the withdrawal of BNDES as the primary financier for PPPs. This will require further regulatory and institutional reforms as well as the adoption of modern practices in terms of risk allocation in contracts that meet international standards.
The second challenge is associated with the development of technical capacity required to appraise and structure PPPs at the local level. Increased leadership by subnational governments associated with the diversification of PPP contracts has highlighted the complexities of the PPP project cycle, particularly in new sectors, for which most local governments are not yet prepared.
Furthermore, transparency and accountability standards for PPPs must be further developed in order to shield the mechanism against the kind of corruption cases that affected the infrastructure market in Otherwise the procurement process will become less competitive and value for money will be challenging to achieve.
In Bulgaria, European structural and investment funds are currently the preferred source of financing for new infrastructure, including highways, water and sanitation, with PPPs deployed mainly for the maintenance of facilities or service delivery. Indeed, there was a drop in the number of concessions tendered and concluded in Out of 73 calls for concessions, just 37 were awarded, with 36 for the delivery of services and one involving construction work compared with 97 calls and 73 concession contracts signed in Procurement for the civil airport in Sofia has recently been cancelled.
The tender for the airport of the second-largest city in Bulgaria, Plovdiv, failed owing to insufficient interest from investors and is expected to be retendered in There is no fully dedicated agency in charge of PPP preparation and implementation, and no state body to monitor the performance ,ey concessions.
As a member of the EU, Bulgaria is obliged to align its legislation with EU law, but this process is incomplete. However, it was vetoed by the newly elected president and is not expected to be passed in the foreseeable future.
One challenge to the long-term stability of the PPP programme is posed by the ideological differences about PPPs in Bulgaria, including public scepticism about engaging private partners in the delivery of public services. Concessions and privatisations are perceived negatively by some non-governmental and civil society groups, and attempts to award large contracts have been widely debated.
With no dedicated body to implement PPP infrastructure projects and no project development fund, there is also a lack of experience in structuring PPPs using international best practices. Political instability, and elections inpresent further challenges for lsy adoption of the Concession Act and the tendering of PPPs. European structural and investment funds, coupled with public procurement, will probably continue to be the main funding source for new infrastructure projects.
A list of 51 infrastructure projects to be funded through PPP or by foreign donors was included, covering various sectors, including water and sanitation, energy production, and transport, among others. Burkina Faso has been setting up a legal framework conducive to PPPs since Additional regulations are currently being designed regarding tender templates, sanctions for non-compliance 1364 the contracting process and the establishment of caps and thresholds regarding the contracting of public administrations.
Private partners are selected by ad-hoc selection commissions within the ministry in charge of the project. This time-bound law aims at speeding up the contracting phase of 38 PPP projects considering the urgent character of certain infrastructure needs.
Templates for the request for proposals or for PPP contracts do not yet exist. The need for resources within technical ministries in the PPP process, has led to confusion over roles and responsibilities and over-solicitation of the Direction for the Promotion of PPPs for assistance. In order to become a competitive market for PPPs in West Africa, Burkina Faso still needs leyy develop regulations and mechanisms, especially to monitor PPP contracts and reduce budgetary risks such as contingent liabilities.
According to the World Bank PPI Database, the number of projects, by sector, that reached financial closure during the same period included: There is a high level of concentration, with a few firms winning a major share of PPP contracts. This law made significant improvements to previous legislation, including greater transparency and incorporating more objective criteria around renegotiation and unintended transfer of commercial risk to compensate private actors in the case of acts of government.
Over all, the regulation has created a more level playing field for private-sector participation. Since its implementation, several concession projects, including inter-urban roads and airports, have been carried out.
133064 date, the law has passed the market test, and there is significant private-sector interest in participating in PPPs.
Measuring the enabling environment for public-private partnerships in infrastructure
It also periodically evaluates contingent liabilities. The government has sent a bill to Congress to establish an Infrastructure Fund that lsy be leh charge of retendering existing PPPs once contracts expire, and using these assets to finance new PPPs in infrastructure.
Although Chile is one of the most active countries in the region in terms of PPPs, it is now facing a turning oey in terms of their development. First, the cost of projects, such as public tolls for highways, are seen as expensive, as many of the more obvious projects have 113064 been concessioned.
Second, as the government continues to push its probity and transparency agenda, there is growing demand for greater transparency at all stages leg the PPP process, including better monitoring of on-going projects in terms of project costs, service levels and economic performance.
In JanuaryColombia approved Law No. This aims to promote public-private infrastructure projects and applies to any government entity at the national or sub-national level. Later regulations were compiled in Law No.
These laws specify, among other issues, that Act No. ANI, a state agency attached to the Ministry of Transport, is tasked with planning, co-ordinating, structuring, executing, administering and evaluating concession projects and any other forms of PPPs for transport infrastructure projects.
The Virgilio Barco Vargas National Real Estate Agency is responsible for the development, structuring, execution and operation of urban infrastructure projects.