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Infrastructure Alert – December 2019

ALERT- INFRASTRUCTURE

Approval of “PROINVERSIÓN” Directive for Private-Sector Initiative Management

Pursuant to PROINVERSIÓN Directing Board’s Resolution No. 93-1-2019-CD published on December 1, 2019, it is set forth to approve the Directive No. 004-2019-PROINVERSIÓN named “Private-Sector Initiative Management” (“Directive”).

The Directive aims to regulate the procedure to be follow by different PROINVERSIÓN organizational units during private-sector initiative procedures involving such entity, including its relation with other public entities, bidders and interested third parties. In this sense, Directive provisions thereto include the following:

  • Responsibilities: The Directive regulates the responsibilities of different PROINVERSIÓN organizational units within the framework of the Private-Sector Initiative management process. This includes the Directing Board, the Executing Direction, Special Investment Committees, Project Portfolio Direction, Special Project Direction, Project Directors, etc.
  • Permission to proceed: General conditions for private-sector initiative permission to proceed are regulated, including applicable formats and procedural aspects evaluated by duly organizational units.
  • Opinion of importance: The procedure to be followed is established to obtain the opinion of importance of one or more pertinent public entities.
  • Formulation and Structuring: Methodology applicable to formulation and structuring of projects derived from private initiatives is fixed. This includes their amendments, supplements and withdrawals, as wells as the existence of substitute or alternative projects.
  • Declaration of interest and award: The Directive regulates the content that the declaration of interest must have, as well as the project market opening regulations, the applicable selection process and its direct award, etc.

Directive exhibits—that must be published on PROINVERSIÓN website—includes several formats, including protocols and affidavits related to the regulated procedure.

For further details, please contact Verónica Sattler (vsattler@estudiorodrigo.com), Alejandro Manayalle (amanayalle@estudiorodrigo.com) and/or Diana Briones (dbriones@estudiorodrigo.com).