NEWS
By initiative of Jalisco’s Governor, Aristoteles Sandoval, the Finance Committee of the Congress of the State approves the amendments to the Investment Projects and Service Providing of Jalisco and its municipalities Law.
The Investment Projects and Service Providing of Jalisco and its municipalities Law is a system which aims to regulate the process for the projects implementation under the Public Private Partnerships scheme for infrastructure development and provision of public services by the Government of Jalisco and its municipalities.
By this law, the State develops infrastructure projects and provides services in partnership with the private sector.
The scheme of public private partnerships in our country has evolved to incorporate more innovative models.
In January 2012, it was published at the Federal level, the Public Private Partnerships Law, whose most recent amendment was introduced in August 2014.
At the State level, on April 10th 2008, it was published in the Official Gazette of Jalisco, The Investment Projects and Service Providing of Jalisco and its municipalities Law.
The purpose of the initiative to reform the Law.
The initiative to reform the law was recently approved by the Finance Committee with the purpose of:
- Encourage the private sector by providing greater certainty to investments made under this scheme;
- Updating the regulatory framework and harmonize it with the federal legal framework in this field;
- Innovation of the regulatory framework for investment projects and the provided services in our state.
What the law foresees as innovative points?
- Include and regulate the figure of the Unsolicited Offer that without creating any rights to bidders constitutes an opportunity to identify the investors’ proposals in projects for the benefit of society.
- Extend the exercise of the previous analysis of the projects, which must have studies to determine the legal, economic and environmental viability, eligibility index, profitability and risk analysis for the execution of the project.
- Definition, scope and characteristics of the technical files in which the fulfillment of a Public Private Partnership project is sustained.
- Relative accuracy of the requirements that the initiatives for the approval of investment projects
- Precision of the requirements the initiatives for the approval of investment projects in infrastructure or services.
- Mandatory registration of contracts generated under this model of investment in the State Register of Financial Obligations.
- That the award procedures are carried out based on the Law of Acquisitions and Disposals of the Government of the State in replacement of the Public Works Law of the State currently provided by the Investment Projects and Service Providing of Jalisco and its municipalities Law.