New contracting law would allow more than 2,300 paralyzed works in the country to be unblocked

New contracting law would allow more than 2,300 paralyzed works in the country to be unblocked

The new General Law of Public Procurement recently approved by the Congress of the Republic could accelerate the project cycle and unblock 2,324 paralyzed works throughout the country, with a joint investment amount of S/33,167 million, considered the Peruvian Association of Consulting (APC).

Elías Tapia Julca, president of the APC, maintained that the law seeks to avoid stoppages by simplifying the management of works. In this sense, he highlighted that the complementary provision modifying the new norm establishes that as soon as it is promulgated, and without having to wait for the regulation to be issued, the modification of Law 31589 will come into force, which seeks to reactivate paralyzed public works in the country. .

“This complementary provision clearly indicates that immediately after the law is approved, entities can contract the balance of work, under the design and construction modality, whether by competition, offer, or turnkey, which is a great success,” he stressed, during the Conference analysis and comments on the new State Contracting Law, held at the College of Engineers of Peru (CIP).

“This means that, with this rule, we will be able to more quickly execute the balances of the works in favor of more Peruvians who are clamoring for better road infrastructure, better hospitals and health centers, and modern schools,” he added.

CIP: controversy over the Dispute Resolution Board

On the other hand, the specialist in contracting issues added that, among the negative aspects contained in the new State procurement law, is the implementation of the Dispute Resolution Board (JRD) for service contracts.

The JRD for goods, services and works was included in the initial bill that was submitted to Congress. In the approved text it is included only for supplies and works, and not for works consultancy.

He also stated that the JRD mechanism is “successful” because it resolves disputes in a maximum of 75 days and with this the speed of construction has been achieved.

“Unfortunately, with the approved standard we will not be able to achieve speed in the project cycle because we will have to wait 3 or 4 years for the arbitration awards to resolve the problems of the pre-investment studies and to resolve the problems of the studies.” definitive,” he stressed.

Source: Larepublica

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