Amendments to the bidding documents of the Electricity Transmission PPP Project – Stage I

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Through Amending Resolution No. 2/2019 published in the Official Gazette on June 10, 2019, the Secretariat of Government of Energy added four supplementary documents to the bidding documents.


Firstly, the Resolution added in a new “Sub Annex I-6 of the Bidding Terms and Conditions – Annex I PPP Agreement” a description of the powers of the Contracting Entity regarding the following technical issues: (i) Basic and Detail Engineering; (ii) execution of the Works in the sites; (iii) execution Programs; (iv) Tests and Reception of Supplies in the Factory; (v) Tests and Final Verifications for the Start-Up; (vi) Quality Management; (vii) Preservation of the Environment; (viii) management of the Industrial Safety and Health Plan; and (ix) management and incorporation of the Electrical Conduit Administrative Easements.

Secondly, the Resolution added the PPP Individual Template Trust Agreement between the Banco de Inversión y Comercio Exterior S.A. (hereinafter, the “BICE”) and the Secretariat of Government of Energy, which contains: (i) the “Agreement and Regulation of the Law No. 27,431 PPP Framework Trust”; (ii) the Accession Contract for the Trust Agreement to be entered into between the BICE and the PPP Contractor; and (iii) the terms and conditions of the TPIs.

Thirdly, the notice added the “Integrity Framework”, which contains the policies, procedures and controls to ensure the fulfilment of the regulations to prevent corruption, money laundering and terrorist financing. Among other issues, this Integrity Framework includes:

(i) the integrity requisites that the successful bidder shall meet in order to become a PPP Contractor;
(ii) the conditions to be met and the documents to be submitted together with the Works Performance and Integrity Bond on the date in which the PPP Agreement is signed;
(iii) the obligations of the PPP Contractor during the term of the Agreement; and
(iv) the obligations of the Integrity Supervisor and of the person that shall assist the companies in order to investigate, prevent and mitigate the risks associated with the non fulfilment of the integrity regulations.

Finally, a template for the monthly certificates on the advancement of the Works, Acta de Reconocimiento de Avance de Inversión (“ARAI”), is included.

The Resolution also amended certain specific aspects of the Bidding Terms and Conditions and of the PPP Agreement. In particular, references to the Mutual Coverage Agreement and to the Payments for Foreign Exchange Differences were eliminated.

The due date to submit any inquiries regarding the Bidding Terms and Conditions is August 14, 2019, while the due date to submit the offers is September 5, 2019.

To access Amending Resolution No. 2/2019, please click here (available only in Spanish).

For further information do not hesitate to contact María Inés CorráTomás M. ArayaCecilia Garibotti or María Agustina Antoci Richieri.