Income Group | Upper middle income |
Economy Score |
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Question | PPPs |
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Does the regulatory framework allow procuring PPPs? | Yes |
If yes, please specify the relevant regulatory framework and the year of adoption: | The primary regulatory framework is constituted by the following three regulations: Law 5102/13 "Investment promotion in... More |
and provide a link to a government–supported website where the mentioned regulatory framework is available or provide an electronic copy of it: | Regulatory framework provided by: -PPP-Unit: http://www.stp.gov.py/v1/proyectos-de-participacion-publico-privada/ -Mini... More |
Are you aware of any reforms (in the regulatory frameworks – laws, regulations, policies, etc.- or in generally followed practices) related to PPPs that: Took place in 2016, are ongoing and/or are planned to be adopted BEFORE June 1, 2017? | Yes |
Please describe: | Law 5567/16 modified the Article 52 of the PPP Law (Law 5102/13). The modification mandates the Procuring Authorities to... More |
Are ongoing and/or are planned to be adopted AFTER June 1, 2017? | No |
Please describe: | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Transportation. | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Water and Irrigation | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Energy generation and distribution. | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Telecom | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Other | No |
If yes, specify and provide the relevant legal/regulatory provisions: | There is not explicit restrictions found in the current legislation. Instead, the Law N 5102/13 enunciates the possible... More |
Does the regulatory framework provide for a specific tax regime for PPP transactions (i.e. tax incentives, special tax depreciation treatment, etc.)? | No |
If yes, please specify and provide the relevant legal/regulatory provision (if any): | n/a |
Please identify the PPP procuring authorities in [country_name] and provide their website(s) (if available): | The procurement of PPP projects encompasses multiple institutions. Typically the procurement is lead by a sectorial mini... More |
In addition to the PPP procuring authorities listed above, is there a specialized government entity that facilitates the PPP program (PPP Unit)? | Yes |
If yes, please indicate its name, and its website (if available): | The Public-Private Partnership Project Unit is a specialized Departement of the Technical Secretary of Planning. It was ... More |
If yes, what are the main responsibilities of the PPP Unit (check all that apply): PPP regulation and policy guidance. | Yes |
PPP capacity building for other public authorities. | Yes |
PPP promotion among the public and/or private sectors in national and international forums. | Yes |
Technical support in implementing PPP projects. | Yes |
Identification and selection of PPP projects from the pipeline. | Yes |
Revision of fiscal risks born by the Government. | No |
Consultation with affected communities on potential impact of PPP projects. | No |
Approval of PPP projects. | Yes |
Undertaking the procurement of PPPs. | No |
Oversight of PPP implementation. | Yes |
Other | Yes |
please specify: | -According to Article 9 of PPP Law (5102/13) and Articles 32 to 34 of Decree 1350/14, the PPP-Unit promote and coordina... More |
Please provide the relevant legal/regulatory provisions: | -Article 9 of the PPP Law: "the functions of the Public-Private Partnership Project Unit are: a. To promote and coordin... More |
Question | PPPs |
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Does the Ministry of Finance or Central Budgetary Authority approve the PPP project before launching the procurement process? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 17 of the PPP Law: "Previous assessment. Prior to the initiation of the procurement procedure, the Contracting ... More |
Does the Ministry of Finance or Central Budgetary Authority approve the PPP project before signing the PPP contract? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 10 of PPP Law states the Ministry of Finance has to" issue binding technical opinions in the areas of its compet... More |
Does the Ministry of Finance (or government more broadly) have a specific system of: Budgeting for PPP projects. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 10 of the Law 5102/2013: The Ministry of Finance shall have the following functions in the context of structurin... More |
Accounting liabilities (explicit and implicit, direct and contingent) arising from PPPs. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 10 of PPP Law: "the ministry of finance" (will) "c. To ensure fiscal consistency of the quantifiable enforceable... More |
Reporting liabilities (explicit and implicit, direct and contingent) arising from PPPs. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 10 of PPP Law: "The Ministry of Finance shall have the following functions in the context of structuring and dev... More |
If yes to question 8.2, which of the following alternatives best describes the regulation?: Accounting and reporting according to International Public Sector Accounting Standards (IPSAS). | No |
Accounting and reporting according to other international standard (e.g. European System of Accounts). | No |
Please specify: | n/a |
Other. | Yes |
Please specify: | The Ministry of Finance currently uses the cash approach but a transition to IPSAS is under consideration according to s... More |
Besides the procuring authority and the Ministry of Finance or Central Budgetary Authority, does any other authority(s) approve the PPP project before launching the procurement process (e.g. Cabinet, Cabinet Committee, Parliament, Supreme Audit Office, et | Yes |
If yes, please specify the relevant authority | Technical Secretariat of Planning (PPP-Unit), The General Comptroller of the Republic, and The Executive Branch |
and provide the relevant legal/regulatory provisions (if any): | Article 28 of Decree 1350/14: "Intervention of the Office of the General Comptroller of the Republic. The Office of the... More |
Besides the procuring authority and the Ministry of Finance or Central Budgetary Authority, does any other authority(s) approve the PPP project before signing the PPP contract? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 64 of Decree 1350: "Before the signing of the contract, the favorable opinion of the General Comptroller of the ... More |
Does the procuring authority use transaction advisors during the PPP project cycle? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 76 of the Decree 1350: Project superintendent The Contracting Authority shall appoint a Project Superintendent f... More |
In a case comparable to the case study assumptions, please select the option that best describes the way your government integrates the prioritization of PPP projects with other public investment project prioritization? (e.g. in the context of a national | No |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a |
The regulatory framework prescribes the need for PPPs to be consistent with all other investment priorities without establishing a specific procedure to achieve that goal. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | PPPs will be attributed a "code" within the national system of public investment according to Article 13 of Decree 1350:... More |
The regulatory framework does not include any provisions but the procuring authority evaluates the consistency of PPPs with other government investment priorities in practice. | No |
If yes, please elaborate: | n/a |
The procuring authority does not evaluate PPPs against existing government priorities. | No |
Please elaborate and provide examples: | n/a |
Based on your experience, is it always the case that this prioritization is done in practice in accordance with the provisions of the regulatory framework described above? | No |
If yes, please specify: | n/a |
If no, please elaborate: | Some of our contributors point out to the need of fully integrate PPPs within the National Public Investment System and ... More |
Which of the following assessments are conducted when identifying and preparing a PPP in order to inform the decision to proceed with it? (check all that apply): Socio-economic analysis (cost-benefit analysis of the socio-economic impact of the PPP projec | Yes |
Relevant legal/regulatory provision (if any) | Article 32 of Decree 1350/14 within section "Structuring and preliminary studies for the PPP Projects from public initia... More |
Is there a specific methodology for the assessment? | Yes |
If yes, please elaborate | The PPP-Unit web site provides different guidelines for evaluation (including cost-benefit analysis) of PPP projects : ... More |
Is the assessment done in practice? | Yes |
Details: | All our contributors confirm that this assessment is done in practice |
Affordability assessment, including the identification of the required long term public commitments (explicit and implicit, direct and contingent liabilities) | Yes |
Relevant legal/regulatory provision (if any) | Article 32 of Decree 1350/14 within the section "Structuring and preliminary studies for the PPP Projects from public in... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | All of our contributors answering the question confirm that the affordability assessment happens in practice |
Risk identification, allocation and assessment (risk matrix) | Yes |
Relevant legal/regulatory provision (if any) | Article 32 of Decree 1350/14 within section "Structuring and preliminary studies for the PPP Projects from public initia... More |
Is there a specific methodology for the assessment? | Yes |
If yes, please elaborate | The PPP-Unit web site provides different guidelines for evaluation (including risk assessment) of PPP projects : - Intr... More |
Is the assessment done in practice? | Yes |
Details: | All of our contributors answering the question confirm that the affordability assessment happens in practice |
Comparative assessment to evaluate whether a PPP is the best option when compared to other procurement alternatives (i.e. value for money analysis, public sector comparator) | Yes |
Relevant legal/regulatory provision (if any) | Article 32 of Decree 1350/14 within section "Structuring and preliminary studies for the PPP Projects from public initia... More |
Is there a specific methodology for the assessment? | Yes |
If yes, please elaborate | Guidelines provided by PPP-Unit: http://www.stp.gov.py/v1/download/Vol.-9.-Guia-practica-para-la-elaboracion-del-Compara... More |
Is the assessment done in practice? | Yes |
Details: | All of our contributors answering the question confirm that the affordability assessment happens in practice |
Financial viability or bankability assessment | Yes |
Relevant legal/regulatory provision (if any) | Article 32 of Decree 1350/14 within section "Structuring and preliminary studies for the PPP Projects from public initia... More |
Is there a specific methodology for the assessment? | Yes |
If yes, please elaborate | The PPP-Unit web site provides different guidelines for evaluation (including financial viability) of PPP projects : - ... More |
Is the assessment done in practice? | Yes |
Details: | All of our contributors answering the question confirm that the affordability assessment happens in practice |
Market sounding and/or assessment (showing evidence of investors’ interest in the market for the project) | Yes |
Relevant legal/regulatory provision (if any) | No regulatory basis |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | All of our contributors answering the question confirm that the affordability assessment happens in practice |
Environmental impact assessment | Yes |
Relevant legal/regulatory provision (if any) | Article 32 of Decree 1350/14 within the section "Structuring and preliminary studies for the PPP Projects from public in... More |
Is there a specific methodology for the assessment? | Yes |
If yes, please elaborate | The PPP-Unit web site provides different guidelines for evaluation (including environmental impact assessment) of PPP pr... More |
Is the assessment done in practice? | Yes |
Details: | All of our contributors answering the question confirm that the affordability assessment happens in practice |
Consultation process with affected communities on potential impact of the PPP project | Yes |
Relevant legal/regulatory provision (if any) | Article 32 of Decree 1350/14 within the section "Structuring and preliminary studies for the PPP Projects from public in... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | Most of our contributors answering this question confirmed that this assessment happens in practice |
Does the procuring authority include the assessments (indicated in Question 12 above) in the request for proposals and/or tender documents (for example, as part of an Information Memorandum to the bidders)? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | According to Decree 1350 the tendering documents must include engineering study and environmental study. Article 46 of D... More |
and specify which of the assessments are included in the request for proposals and/or tender documents: | Environmental assessment, Engineering Study. |
Are the assessments published online? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Art. 26 of Decree 1350/14 states obligation to publish: pre-feasibility and feasibility studies, and contracts and their... More |
specify the website | http://www.stp.gov.py/v1/proyectos-de-participacion-publico-privada/ |
please specify which of the assessments are published online: | Socio-economic analysis, Risk assessment, Public sector comparator, Financial assessment, and Environmental assessment. |
Does the procuring authority include a draft PPP contract in the request for proposals? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Art. 46 of Decree 1350/14: "Book of bidding terms and conditions for the bidding/tender and proforma of the contract. Th... More |
If no, please elaborate | n/a |
Are the tender documents published online? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 26 of Decree 1350/14: "Public Registry of Public-Private Partnership Projects The Public Registry of Public-Priv... More |
and please specify the website: | https://www.contrataciones.gov.py/ |
In a case comparable to the case study assumptions, have standardized PPP model contracts and/or transaction documents been developed? | Yes |
If yes, please specify and provide a government- supported website where the mentioned standards are available or provide an electronic copy of them: | The web page of the Secretary of Technical Planning provides models of contracts of different sectors, including roads: ... More |
In a case comparable to the case study assumptions, who is the responsible party for each of the following requirements? Obtaining the required urban permits: Procuring authority (or other Government entity) | No |
Private Partner | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
To be established in the contract | Yes |
Relevant legal/regulatory provision (if any) | Article 7 of Decree 1350 states actions related to obtaining authorizations or permits shall be identified before the ap... More |
Obtaining the required environmental permits: Procuring authority (or other Government entity) | No |
Private Partner | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
To be established in the contract | Yes |
Relevant legal/regulatory provision (if any) | Article 7 of Decree 1350 states actions related to obtaining authorizations or permits shall be identified before the ap... More |
Obtaining the required operational permits: Procuring authority (or other Government entity) | No |
Private Partner | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
To be established in the contract | Yes |
Relevant legal/regulatory provision (if any) | Article 7 of Decree 1350 states actions related to obtaining authorizations or permits shall be identified before the ap... More |
Obtaining the required land: Procuring authority (or other Government entity) | Yes |
Private Partner | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
To be established in the contract | No |
Relevant legal/regulatory provision (if any) | Article 30 of the PPP Law states: In the development of these projects, under the circumstances of each case and the res... More |
Obtaining the required right of way: Procuring authority (or other Government entity) | No |
Private Partner | Yes |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
To be established in the contract | No |
Relevant legal/regulatory provision (if any) | Article 44: "Easements. 1. The public-private partnership contract gives the participant the right to constitute easemen... More |
Question | PPPs |
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Which of the following options best describes the required qualifications of the bid evaluation committee members? (Please select only one): The membership of the bid evaluation committee is specified and/or its members are required to meet detailed quali | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Art. 52 of PPP Law: "Evaluation Committee of the offers The Evaluation Committee of the technical and financial bids/off... More |
The bid evaluation committee members require sufficient qualification without specific details. | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
The bid evaluation committee members are not required to have any specific qualifications. | No |
Please elaborate and provide examples: | n/a |
Does the procuring authority issue a public procurement notice of the PPP project? | Yes |
If yes, please specify the means of publication and provide the relevant legal/regulatory provisions (if any): | Art.22 of PPP Law: "Article 22 - Call. The call for interested parties to participate in the competitive process is cond... More |
If yes, is the public procurement notice published online? | Yes |
If yes, please specify the website: | https://www.contrataciones.gov.py/buscador/licitaciones-no-reguladas.html?marcas%5B%5D=alianza_publico_privada |
Are foreign companies prohibited from participating in the bidding process? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
In a case comparable to the case study assumptions, does the procuring authority grant the potential bidders a minimum period of time to submit their bids? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Art. 44 of Decree 1350/14: "Publications The public call for the bidding/tender will be published in the web site of the... More |
and the time in calendar days: | 60 |
Open tendering: Available | No |
Default | Yes |
Relevant legal/regulatory provision (if any) | Art. 20 of PPP Law: "Article 20 - Types of procurement procedures. The selection of the private participants shall be by... More |
Restricted tendering (with pre-qualification stage): Available | Yes |
Default | No |
Relevant legal/regulatory provision (if any) | Article 39 of Decree 1350/14: "Pre-qualification of offerors The Contracting Authority can make a call for pre-qualifica... More |
Multi-stage tendering (with shortlisting of final candidate(s)): Available | No |
Default | No |
Relevant legal/regulatory provision (if any) | n/a |
Competitive dialogue: Available | No |
Default | No |
Relevant legal/regulatory provision (if any) | n/a |
Direct negotiation with more than one candidate: Available | No |
Default | No |
Relevant legal/regulatory provision (if any) | n/a |
Direct negotiation with only one candidate: Available | No |
Default | No |
Relevant legal/regulatory provision (if any) | n/a |
Other. Specify: | No |
Available | n/a |
Default | n/a |
Relevant legal/regulatory provision (if any) | n/a |
Do the tender documents detail the procedure of the procurement process providing the same information to all the bidders? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 43.c of the Decree 1350 provides that the call for tenders will specify "c) Competitive procedure to be used". A... More |
If no, please elaborate: | n/a |
Do the tender documents specify the prequalification/shortlisting criteria (when applicable) in order to make them available to all the bidders? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 40 of Decree 1350/14: "Content of the call for pre-qualification and the Book of bidding terms and conditions o... More |
Based on your experience, is it always the case that the specified criteria are respected in practice? | Yes |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | All our contributors answering this question confirm that the specified criteria are respected in practice |
If no, please elaborate: | n/a |
Can interested parties/potential bidders submit questions to clarify the public procurement notice and/or the request for proposals? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 47 of Decree 1350/14: "Consultation and clarification. Procedures for reception of proposals for improvements, a... More |
If yes, notwithstanding confidential information pertaining to the bidders, does the procuring authority disclose those questions and clarifications to all potential bidders? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 47 of Decree 1350/14: "Consultation and clarification. Procedures for reception of proposals for improvements, a... More |
Based on your experience, is it always the case that this disclosure of information is done in practice? | Yes |
If yes, please specify: | All our contributors answer confirming that the information is disclosed in practice. Clarification are posted on "Circu... More |
If no, please elaborate: | n/a |
Besides questions and clarifications, can the procuring authority conduct pre-bidding conference? | Yes |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | Article 41 of Decree 1350/14: "Consultation procedure and reception of proposals for improvements, additions and adjustm... More |
If yes, notwithstanding confidential information pertaining to the bidders, does the procuring authority disclose the content and the results of the pre-bid conference to all bidders? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 41 of Decree 1350/14: "Consultation procedure and reception of proposals for improvements, additions and adjustm... More |
Based on your experience, is it always the case that this disclosure of information is done in practice? | Yes |
If yes, please specify: | Contributors confirm that this information is disclosed in practice. Content of pre-bidding conferences shall be publish... More |
If no, please elaborate: | n/a |
In a case comparable to the case study assumptions, does the procuring authority require the bidders to prepare and present a financial model with their proposals? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
If no, please elaborate: | n/a |
Does the procuring authority evaluate the proposals strictly and solely in accordance with the evaluation criteria stated in the tender documents? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 23 of PPP Law: "Evaluation of proposals. In the instance of evaluation of the received proposals, the Contractin... More |
Evaluation criteria is not set in the tender documents | No |
In the case where only one proposal is submitted (sole proposals), which of the following options best describes the way the procuring authority deals with them? (Please select only one)?: The procuring authority follows a specific procedure before awardi | No |
Please specify and provide the relevant legal/regulatory provisions (if any): | n/a |
The procuring authority considers sole proposals valid as long as they meet the conditions outlined in the tender documents. | Yes |
Please provide the relevant legal/regulatory provisions (if any): | Article 54 of Decree 1350/14: "Compliance of the offer with the Book of bidding terms and conditions The determination b... More |
The procuring authority does not award a PPP contract if only one proposal is submitted. | No |
Please provide the relevant legal/regulatory provisions (if any): | n/a |
The regulatory framework does not include any provisions. | No |
Does the procuring authority publish the award notice? | Yes |
If yes, please specify the means of publication and provide the relevant legal/regulatory provisions (if any): | Article 60 Decree 1.350/14: "Adjudication (Awarding of the contract). The Contracting Authority shall issue a decision d... More |
If yes, is the public procurement award notice published online? | Yes |
If yes, please specify the website: | https://www.contrataciones.gov.py/; www.stp.gov.py |
Does the procuring authority provide all the bidders with the result of the PPP procurement process? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 60 Decree 1.350/14: "Adjudication (Awarding of the contract) The Contracting Authority shall issue a decision de... More |
If no, please elaborate: | n/a |
If yes, does the notification of the result of the PPP procurement process include the grounds for the selection of the winning bid? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 60 Decree 1.350/14: "Adjudication (Awarding of the contract) The Contracting Authority shall issue a decision de... More |
Is there a standstill (or pause) period after the contract award and before the signing of the contract in order to allow unsuccessful bidders to challenge the award decision? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
and the time in calendar days: | 7 |
Is the standstill period set out in the notice of intention to award? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Does the regulatory framework restrict negotiations with the selected bidder between the award and the signature of the PPP contract in order to prevent an unfair disadvantage to the other bidders? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Based on your experience, is it always the case that this restriction is respected in practice? | No |
If yes, please specify: | n/a |
If no, please elaborate: | n/a |
Does the procuring authority publish the PPP contract? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 15 of PPP Law: "Transparency. The Public-Private Partnership Project Unit must submit an annual report to the Ex... More |
If yes, which of the following options best describes this publication (choose only one)?: Publication of the full PPP contract including all its annexes and appendixes | Yes |
Publication of the full PPP contract without including all its annexes and appendixes | No |
Publication of a summary of the PPP contract without publishing the full PPP contract | No |
Publication of a summary of the PPP contract along with the full PPP contract including all its annexes and appendixes | No |
Publication of a summary of the PPP contract along with the full PPP contract without including all its annexes and appendixes | No |
If yes, is it published online? | Yes |
If yes, please specify the website: | http://www.stp.gov.py/v1/proyectos-de-participacion-publico-privada/ |
If yes, does the procuring authority also publish any subsequent amendment made to the PPP contract? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 15 of PPP Law: "Transparency. The Public-Private Partnership Project Unit must submit an annual report to the Ex... More |
Question | PPPs |
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Has the procuring or contract management authority established a system to manage the implementation of the PPP contract (e.g. attributing responsibilities or establishing specific management tools)? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Section III "Contract Execution" (Articles 75 to 97) of Decree 1350/14 specifies some procedures, activities and respons... More |
If yes, which of the following tools does it include (check all that apply)?: Establishment of a PPP contract management team | Yes |
Relevant legal/regulatory provisions (if any): | Article 76 of the Decree 1350: Project superintendent The Contracting Authority shall appoint a Project Superintendent f... More |
Participation of the members of the PPP contract management team in the PPP procurement process and/or vice versa | No |
Relevant legal/regulatory provisions (if any): | n/a |
Elaboration of a PPP implementation manual or an equivalent document | No |
Relevant legal/regulatory provisions (if any): | n/a |
Establishment of personnel training programs (i.e. initial training and continued training throughout the course of the project) | No |
Relevant legal/regulatory provisions (if any): | n/a |
Establishment of a risk mitigation mechanism which considers the evolving nature of risks throughout the project lifecycle (guidelines, specific processes, insurance regime, etc.) | No |
Relevant legal/regulatory provisions (if any): | n/a |
Which of the following options best describes the required qualifications of the PPP contract management team members? (Please select only one): The membership of the PPP contract management team is specified and/or its members are required to meet detail | No |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a |
The PPP contract management team members are required to meet sufficient qualification without specific details. | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
The PPP contract management team members are not required to meet any specific qualifications. | Yes |
Please elaborate and provide examples: | Article 76 of the Decree 1350: Project superintendent The Contracting Authority shall appoint a Project Superintendent f... More |
Does the procuring or contract management authority establish a system for tracking progress and completion of construction works under a PPP contract? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 80 of Decree 1350/14: "Construction Phase The construction phase will begin with the order for the beginning of ... More |
If yes, is the PPP contract construction performance information made available to the public? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | According to Articles and 118 and 119 of Decree 1350/14, as long as there is specific construction milestones in the con... More |
If yes, is the PPP contract construction performance information made publicly available online? | Yes |
If yes, please specify the website: | http://www.stp.gov.py/v1/proyectos-de-participacion-publico-privada/ |
Does the procuring or contract management authority establish a monitoring and evaluation system of the PPP contract implementation after construction? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 90 of Decree 1350/14: “Supervision during the operation phase The Contracting Authority will be responsible for... More |
If yes, which of the following tools does it include (check all that apply)?: Performance is assessed against evaluation criteria set in the tender documents and the PPP contract | Yes |
Relevant legal/regulatory provisions (if any) | Article 91 of Decree 1350/14: “Supervision of the service levels In the supervision of service levels, the Contracting ... More |
The procuring or contract management authority can abate (reduce) payments for non-performance of operating obligations under the PPP contract | No |
Relevant legal/regulatory provisions (if any) | n/a |
The private partner must provide the procuring or contract management authority with periodic operational and financial data | Yes |
Relevant legal/regulatory provisions (if any) | Art. 75 Decree 1350/14: "(...) The private participant will be obliged to: 1. Grant access to the Contracting Authority,... More |
The procuring or contract management authority must periodically gather information on the performance of the PPP contract | Yes |
Relevant legal/regulatory provisions (if any) | Article 117.- Reporting by the Contracting Authority to the Public-private Partnership Unit. The Contracting Authority s... More |
The PPP contract performance information must be available to the public | Yes |
Relevant legal/regulatory provisions (if any) | Article 119 of Decree 1350/14: "Article 119.- Transparency and Publication of the information regarding the Management o... More |
Is PPP contract performance information made publicly available online? | Yes |
If yes, please specify the website: | http://www.stp.gov.py/v1/proyectos-de-participacion-publico-privada/ |
Are foreign companies prohibited from repatriating the income resulting from the operation of a PPP project? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Does the regulatory framework (including standard contractual clauses) expressly regulate changes in the ownership structure (i.e. stakeholder composition) of the private partner and/or assignment of the PPP contract? | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 29 of the PPP Law: The private participant may voluntarily assign the public-private partnership contract to a ... More |
If yes, which of the following circumstances are specifically regulated? (check all that apply): Any change in the private partner during an initial period (e.g. construction and first five years of operation). | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 62 of Decree 1350/14: "A company for specific purposes (...) In the case of successful bidders that were awarded... More |
Changes of ownership/contract assignment, at any time during the contract, must preserve the same technical qualifications as the original operator. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 62 of Decree 1350/14: "A company for specific purposes (...) In the case of successful bidders that were awarded... More |
In other cases, flexibility to change the ownership structure and/or assign the contract. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Besides the restrictions regulated and mentioned above (article 29 of the PPP and corresponding articles of Decree 1350)... More |
Does the regulatory framework (including standard contractual clauses) expressly regulate the modification or renegotiation of the PPP contract (once the contract is signed)? | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 32 of PPP Law: -"Unilateral modification of the contract for the development of public-private partnership contr... More |
If yes, is an approval from a government authority, other than the procuring authority, required? | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 94 of Decree 1350/14: "Unilateral modification of the contract Before the decision of unilateral modification i... More |
If yes to question 46, which of the following circumstances are specifically regulated? (check all that apply): A change in the scope and/or object of the contract. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 94 of Decree 1350/14: "Unilateral modification of the contract Before the decision of unilateral modification is... More |
A change in the risk allocation of the contract. | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
A change in the financial and/or economic balance of the contract. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 94 of Decree 1350/14: "Unilateral modification of the contract Before the decision of unilateral modification is... More |
A change in the duration of the contract. | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
A change in the agreed price or tariff. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 92 of Decree 1350/14: "Tariff Regime The Contracting Authority must regulate and approve, according to the curre... More |
Can the procuring authority unilaterally modify a PPP contract? | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 94 of Decree 1350/14: "Unilateral modification of the contract Before the decision of unilateral modification is... More |
Does the regulatory framework (including standard contractual clauses) expressly regulate the following circumstances that may occur during the life of the PPP contract? (check all that apply): Force Majeure | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 96 of decree 1350/14: "Fortuitous events or force majeure, duly verified, in accordance to the bidding terms and... More |
Material Adverse government action . | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | No regulatory basis |
Change in the Law. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | No regulatory basis |
Refinancing. | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Subcontracting and replacement of the subcontractors. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 29 of the PPP Law: "(...) The private participant may also subcontract activities under its responsibility pursu... More |
Does the regulatory framework (including standard contractual clauses) allow for administrative and/or contractual complaint review mechanisms to address disputes arising from the implementation of PPP contracts? | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 41 of the PPP Law: "Dispute settlement. For the settlement of disputes arising in connection with the interpreta... More |
If yes, please specify which of the following options are available (check all that apply): Local administrative review body | Yes |
If yes, please specify: | Technical Panel regulated by article 106 of the Decree 1350 : In case the disputing parties had not arrived to an agree... More |
Local courts | Yes |
Domestic arbitration | Yes |
International arbitration | Yes |
Investor-State Dispute Settlement (ISDS) | Yes |
Mediation | Yes |
Please provide the relevant legal/ regulatory/standard contractual provisions (if any) | In general, article 41 of the PPP Law and Chapter VI of the Decree 1350 further regulates in detail Resolution of Disput... More |
If applicable, are arbitration awards enforceable by the local courts?: Domestic Arbitration | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | Article 45 of Law 1879/02 of the Republic of Paraguay on “Arbitration and Mediation" regarding recognition and enforceme... More |
International arbitration | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | New York Convention of 1958 and Law 1879/2002 (articles 44 and 45) |
Investor-State arbitration | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | Law 1879/2002 (article 44 and 45). Paraguay is also a member of the ICSID Convention |
Does the regulatory framework (including standard contractual clauses) allow for the restructuring of a PPP private partner (SPV) in financial difficulty prior to insolvency? | No |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Does the regulatory framework (including standard contractual clauses) allow for the lenders to take control of the PPP project (lender step-in rights) if either the private partner defaults or if the PPP contract is under threat of termination for failur | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Articles 38 and 39 of the PPP Law regulate this situation. Article 38: “Funding and special guarantee. The Private Parti... More |
If yes, which of the following options best describes the lender step-in right? (Please select only one): The regulatory framework expressly regulates the lender step-in rights. | No |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
The regulatory framework prescribes that a direct agreement should be signed with the lenders. | No |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
The regulatory framework prescribes that the lender step-in rights should be regulated in the contract. | No |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Other. | Yes |
Please Specify: | Articles 39 of the PPP Law regulates this situation: “Situation of creditors holding special guarantees in case early co... More |
Does the regulatory framework (including standard contractual clauses) expressly establish the grounds for termination of a PPP contract? | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | Articles 36 of the PPP Law regulates this matter. Specifically, "The public-private partnership contracts shall be term... More |
If yes, does the regulatory framework (including standard contractual clauses) establish the consequences for the termination of the PPP contract? | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 101 of Decree 1350/14: “ Early Termination of the contract due to Public Interest. (...) In the case of early t... More |
Question | PPPs |
---|---|
Are unsolicited proposals in [country_name]: (choose only one): Explicitly prohibited by the legal framework? (If prohibited, skip to section F) | No |
Explicitly allowed by the legal framework? | Yes |
Not regulated by the legal framework, but do happen in practice? | No |
Not regulated by the legal framework, and do not happen in practice? (if not done in practice, skip to section F) | No |
If the legal framework explicitly prohibits or allows unsolicited proposals, please provide the relevant legal/regulatory provisions | PPP Law (articles 48-51) and Decree 1350/14 (articles 135-140) have specific sections regulating private initiatives. |
Does the procuring authority conduct an assessment to evaluate unsolicited proposals? (if not, skip to question 37) | Yes |
If yes, please specify and provide the relevant legal/regulatory provisions (if any | Art. 49 of PPP Law: "Article 49 - Stages of the private initiative process. The processing of private initiatives inclu... More |
If yes, is there any vetting procedure and/or pre-feasibility analysis before fully assessing the unsolicited proposal? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Art. 48 of the PPP Law provides that the Public-Private Partnership Project Unit shall be entitled to receive, instruct ... More |
Which of the following options best describe how the procuring authority ensures that unsolicited proposals are consistent with existing government priorities? (Please select only one): The procuring authority follows a specific procedure to ensure the co | No |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a |
The regulatory framework requires unsolicited proposals to be among the existing government priorities without establishing specific procedures to achieve that goal. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
The procuring authority does not evaluate unsolicited proposals against existing government priorities. | No |
Please elaborate and provide examples: | n/a |
Does the procuring authority initiate a competitive PPP procurement procedure when proceeding with the unsolicited proposal? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Art. 49 of PPP Law: "Article 49 - Stages of the private initiative process. The processing of private initiatives inclu... More |
Does the procuring authority grant a minimum period of time to additional prospective bidders (besides the proponent) to prepare their proposals? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Art. 49 of PPP Law: "Article 49 - Stages of the private initiative process. The processing of private initiatives inclu... More |
and the time in calendar days: | 60 |
Does the procuring authority use any of the following incentive mechanisms to reward/compensate the presentation of unsolicited proposals? (check all that apply): Access to the best and final offer (BAFO) process and/or automatic shortlisting. | No |
Developer’s fee (reimbursing the original proponent for the project development cost). | Yes |
Bid Bonus. | Yes |
Swiss challenge (If unsuccessful, the original proponent has the option to match the winning bid and win the contract). | No |
Other. | No |
Please specify: | n/a |
Please provide the relevant legal/regulatory provisions (if any): | Article 50 of the PPP Law further developed by the Decree 1350/2014: The proponent of a private initiative shall have th... More |