NEWS

Government promotes “Express Public Works for Taxes” mechanism to accelerate project awards

The National Government announced the implementation of a new mechanism known as “Express Public Works for Taxes” (Express OxI), an exceptional modality aimed at reducing by approximately one (1) month the time currently required to award projects developed under the Public Works for Taxes (OxI) scheme. The initiative is being promoted by PROINVERSIÓN and was presented to representatives of various sectors of the National Government.

According to the information released, the mechanism will seek to accelerate the implementation of interventions considered priorities in four specific areas: i) addressing risks associated with the El Niño phenomenon; ii) citizen security; iii) completion of outstanding works; and iv) disaster prevention. As part of its implementation, ministries will be required to identify projects that may be executed under this modality.

It has been indicated that Express OxI will maintain the participation of the Office of the Comptroller General of the Republic through the control mechanisms it determines, while entities opting for this modality will be required to establish specialized teams responsible for directly managing the procedures required for project implementation.

The proposal seeks to complement the traditional OxI framework through streamlined procedures for projects considered urgent. If implemented, it could become a relevant tool for accelerating infrastructure projects related to risk management, security, and the closing of infrastructure gaps, without eliminating state oversight mechanisms.

PROINVERSIÓN projects an investment portfolio exceeding USD 40 billion by 2028

PROINVERSIÓN announced that it will promote a portfolio of 86 projects and 7 amendments through Public-Private Partnerships (PPPs) and Projects in Assets (PA), with estimated investments of approximately USD 40 billion for the 2026–2028 period. The portfolio comprises projects distributed across 18 regions of the country and is aimed at closing infrastructure gaps and improving national competitiveness.

According to the agency, the short-term portfolio includes 29 projects worth USD 4.962 billion and seven amendments worth USD 7.195 billion. Meanwhile, the medium-term portfolio includes 39 projects valued at USD 20.852 billion, while the long-term portfolio comprises 18 projects worth approximately USD 7.796 billion.

PROINVERSIÓN also highlighted that during the first seven months of 2026, it awarded 6 projects and 2 amendments worth more than USD 2.455 billion, including initiatives related to sanitation, electricity transmission, airport infrastructure, and healthcare.

The priority portfolio includes projects in sectors such as water and sanitation, transportation, healthcare, irrigation, energy, education, and logistics, considered strategic for attracting long-term private investment and expanding the provision of public services.

From a broader perspective, the announcement reflects the State’s commitment to consolidating a new stage of infrastructure promotion through PPPs and Projects in Assets. The main challenge will be to move this extensive portfolio of projects from the planning and structuring stages toward effective award and implementation processes, while ensuring predictability and continuity in investment development.

NEW REGULATIONS AND DRAFT REGULATIONS

Executive Branch authorizes the use of Public Works for Taxes (OxI) to assist the population affected by the earthquake in Junín

On August 26, 2026, Emergency Decree No. 009-2026 was published. Through this decree, the Executive Branch approved extraordinary and temporary measures to accelerate assistance to the population affected by the earthquake that occurred in the department of Junín. Among these measures, the Ministry of Housing, Construction and Sanitation (MVCS) was authorized to implement certain interventions through the OxI mechanism.

The regulation authorizes the implementation of the “Comprehensive Implementation Service for Temporary Housing Modules,” aimed at providing temporary accommodation to affected individuals while permanent housing solutions are implemented. The service includes the acquisition, transportation, and installation of temporary housing modules in areas declared under a State of Emergency.

To finance this intervention, a transfer of up to S/ 25.5 million to the MVCS was authorized. The regulation also requires the ministry to approve the sector-specific provisions necessary for its implementation within a maximum period of ten (10) calendar days and to publish the list of authorized services and their minimum requirements within the following five (5) business days.

The regulation further establishes that National Government Public Investment Certificates (CIPGN) issued to finance these services shall be non-negotiable, constituting an exception to the general regime applicable to such certificates.

CASE LAW AND PRECEDENTS

Opinions of the Specialized Authority for Efficient Public Procurement (OECE)

Can a trust be incorporated to administer advance payments for works even when the contract did not provide for it?

Through Opinion No. D000075-2026-OECE-DTN, the Technical Regulatory Directorate (DTN) of the OECE analyzed the possibility of using a trust as a mechanism for guaranteeing and administering direct advance payments in works contracts under a design-and-build delivery system, when the original contract does not contain an express provision regarding such mechanism.

The consultation concerned contracts whose works execution component exceeds S/ 5 million, a situation in which the Regulations of the General Public Procurement Law (LGCP) allow the use of a trust to guarantee and administer advances granted to the contractor.

Key aspects to consider include:

• The LGCP recognizes trusts as one of the guarantee mechanisms available under the public procurement framework.
• A trust may be used both to guarantee advance payments and to secure compliance with contractual obligations.
• For works contracts whose execution component exceeds S/ 5 million, the use of a trust is permitted for the administration of direct advance payments.

Accordingly, the OECE concluded that, in works contracts under a design-and-build delivery system, a trust may be used as a mechanism for guaranteeing and administering direct advance payments even when the contract did not initially include a provision for such mechanism. However, its incorporation requires the parties to agree to the corresponding contractual amendment, in compliance with the conditions established by the Law and its Regulations.

Public Procurement Tribunal (TCP) Decisions

Must a consortium’s ISO certificates be expressly linked to the obligations assumed by its members?

Through Resolution No. 08186-2026-TCP-S1, the TCP analyzed the validity of the score awarded to a consortium under the evaluation factor related to quality management.

In the case under review, a bidder challenged the score awarded to the winning consortium, arguing that although the consortium had submitted quality certificates belonging to some of its members, the formal consortium agreement did not specify which member would be specifically responsible for activities related to quality certification. According to the appellant, this prevented the corresponding score from being awarded, consistent with a decision issued in another proceeding before a different chamber of the Public Procurement Tribunal.

In assessing the dispute, the Tribunal stated that criteria applied in other selection procedures cannot be automatically transferred when the Bidding Documents contain different rules. In particular, it noted that the precedent invoked by the appellant concerned a different evaluation factor and Bidding Documents that expressly required the certification submitted to be linked to the obligations assumed by each consortium member.

Consequently, the Tribunal concluded that the score awarded to the consortium for the quality management factor should be upheld, since the Bidding Documents did not establish a specific obligation to identify the activities related to the ISO certification within the formal consortium agreement.

Can an affidavit correct or supplement information contained in a Sanitary Registration?

Through Resolution No. 08048-2026-TCP-S6, the TCP analyzed whether a bidder could demonstrate compliance with the technical specifications of a food product through an affidavit and documents other than the Sanitary Registration.

The bidder was disqualified in a tender for the acquisition of food products intended for the Glass of Milk Program because the Sanitary Registration submitted did not list two ingredients required under the technical specifications of the product offered. The bidder argued that such information could nevertheless be verified through an affidavit and screenshots obtained from the Single Window for Foreign Trade (VUCE).

What did the Tribunal take into consideration?

• According to the Bidding Documents, the Sanitary Registration constitutes the official document evidencing the sanitary authorization for marketing and the composition of the product authorized by the competent authority.
• An affidavit submitted by the bidder itself cannot replace, supplement, or correct the information contained in the Sanitary Registration.
• Documents that were not part of the original bid cannot subsequently be used to modify or establish substantive aspects of the bid.
• In the case of food products intended for vulnerable populations, such as beneficiaries of the Glass of Milk Program, compliance with technical specifications must be objectively and verifiably demonstrated through the documentation required in the Bidding Documents.

In this case, the Tribunal concluded that the composition of the product had to be demonstrated through the corresponding Sanitary Registration and not through unilateral statements or other indirect means. Accordingly, it dismissed the appeal and upheld the bidder’s disqualification.