Infrastructure Alert – September 2019

Approval of guidelines on investment management consulting service procurement

On September 8, 2019, Supreme Executive Order No. 288-2019-EF was published on the Official Gazette “El Peruano”, whereby it is set forth to approve the Guidelines on consulting service procurement providing specialized support in investment management, investment program or investment portfolio (the “Guidelines”).

The Guidelines intend to establish conditions that would allow private sector entities contract management consulting service for investment project under their responsibility within the framework of the Public Procurement Act. Such conditions are as follows:

1. The investment amount in terms of management—which must be primarily provided for in the National Infrastructure Plan for Competitiveness recently approved—shall be equal or more than S/200 million. It is possible to contract consulting service to manage projects for lesser amounts, provided that this complies with goals and strategic objects of the entity.
2. The contracting public entity shall have a competent body to entirely manage the contracts for infrastructure project execution under its responsibility, including technical study approval and opinion issues.
3. A commissioned management agreement shall be entered into by the Ministry of Economy and Finance (“MEF”) authorizing it to execute the respective selection process.

Contracting consulting services intend to support project planning and management; control and monitor process; create tools for investment management; and prepare reports and alerts related to project management; among others.

The MEF General Division of Provision would be in charge of executing the selection process for consulting service procurement, which are financed from resources of the entity having the managed projects. In this regard, the Supervisory Body of Public Procurement (OSCE) is given thirty (30) business days pursuant for by regulation to approve the standard service procurement basis.

It should be mentioned that, for public-private association project management, the Guidelines observe the effectiveness set forth by the Legislative Order No. 1362 that allows the creation of Specialized Bodies for Project Management and the procurement by third party for the purpose thereof.

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