En el año 2019 se llevaron a cabo en Lima los XVIII Juegos Panamericanos y Sextos Juegos Parapanamericanos. Este fue el mayor evento deportivo multidisciplinario organizado por el Perú. Este evento fue un gran reto para el Perú, tanto por su complejidad como por el corto tiempo con el que se contaba para su ejecución. Para cumplir sus objetivos, el Proyecto Especial a cargo de la organización de los Juegos empleó diferentes mecanismos de contratación y herramientas de gestión novedosos, dentro del marco de un contrato de Gobierno a Gobierno con el Reino Unido. En este contexto, estas experiencias han sido replicadas en un nuevo Modelo de Ejecución de Inversiones Públicas que puede ser empleado por los Proyectos Especiales de Inversión Pública. Lo que se busca mediante este nuevo esquema es destrabar las inversiones públicas, gestionándolas y ejecutándolas eficientemente, e...

Within the main contracting mechanisms used by the Special Project in charge of the organization and development of the X VIII Pan American Games and VI Parapan American Games of 2019 for the acquisition of complex and sophisticated goods, services and infrastructure, considering the lack of national experience in mega sport events, we can find Government-to-Government Agreements and New Engineering Contracts.Considering the results of these contracting mechanisms, there are many public entities evaluating the possibility to use them to carry out their own projects. However, it is not unusual for these entities to not fully understand the scope and nature of said mechanisms.Therefore, this paper explains the main characteristics of these two contractual figures, as well as the experience of their use in the Pan American Games, in order to appoint some c...

As a result of the exposition that Government-to-Govermnet contracts entered into by different Peruvian entities are acquiring, through which a foreign State has been providing specialized technical assistance to the Peruvian State for the execution of important infrastructure projects, such as the Pan American Games, the works of the Reconstruction with Changes, the Chinchero International Airport, the bicentennial schools; the Peruvian State has been seeking the implementation of the different tools used in the execution of these projects in the Peruvian Procurement regulations. Among these tools, one of the most famous in recent years is the international construction standard contracts.Thus, there are already national regulations that collect these contract models and make them available to certain entities to be used for the execution of infrastructure projects. Likewise, the latest...

After the XVIII Pan American Games and Sixth Parapan American Games were held between July and September 2019, the largest sporting event organized and executed by Peru, which involved the deployment of novel contracting and management mechanisms, the Government has sought replicate this experience in a new investment management model. In this context, the Special Public Investment Projects were created, with the aim of applying this new investment management model for the execution of public investment projects, a package of projects or a portfolio of projects.The regulation of these Special Public Investment Projects has been progressively developed in the last year, adopting even the mechanism of Government-to-Government contracts. This regulatory development has led to the creation of the first Public Investment Project, “Escuelas Bicentenario”. With the constant announcements of...

The COVID-19 pandemic has highlighted the serious problem of lack of collaboration between the parties in a public contract. The parties faced unpredictable situations and the need to make agile decisions to mitigate or reduce the impacts of the pandemic; notwithstanding, in many cases they showed conflictive behavior rather than a collaborative one that prioritizes the efficient in the contract management to achieve the attention of the emergency, the dynamism of the economy, the generation of jobs, the investment in public spending, among others. Therefore, it is important to analyze the collaboration mechanisms in public contracts that are currently available in the law, as well as those that can be implemented, without losing sight of the fact that building trust among the actors in the public procurement system is essential to align the interests of the parties and generate effectiv...

Entre julio y septiembre del 2019 se llevaron a cabo en Lima los XVIII Juegos Panamericanos y Sextos Juegos Parapanamericanos, el mayor evento deportivo organizado y ejecutado por el Perú. Para llevar a cabo este gran reto, el Proyecto Especial a cargo de la preparación y desarrollo de los Juegos utilizó diferentes herramientas de contratación y gestión que le permitieron cumplir a tiempo con las obligaciones que el Perú asumió como país organizador.En la actualidad, el Gobierno viene promoviendo el modelo de gestión que se empleó en los Juegos Panamericanos para la ejecución de inversiones y, a su vez, diferentes Entidades, tales como la Autoridad para la Reconstrucción con Cambios, el Ministerio de Transportes y Comunicaciones y el Ministerio de Salud han suscrito o se encuentran próximos a suscribir contratos con otros Estado con características similares al suscrito con...

The COVID-19 pandemic has highlighted the serious problem of lack of collaboration between the parties in a public contract. The parties faced unpredictable situations and the need to make agile decisions to mitigate or reduce the impacts of the pandemic; notwithstanding, in many cases they showed conflictive behavior rather than a collaborative one that prioritizes the efficient in the contract management to achieve the attention of the emergency, the dynamism of the economy, the generation of jobs, the investment in public spending, among others. Therefore, it is important to analyze the collaboration mechanisms in public contracts that are currently available in the law, as well as those that can be implemented, without losing sight of the fact that building trust among the actors in the public procurement system is essential to align the interests of the parties and generate effectiv...

Within the main contracting mechanisms used by the Special Project in charge of the organization and development of the X VIII Pan American Games and VI Parapan American Games of 2019 for the acquisition of complex and sophisticated goods, services and infrastructure, considering the lack of national experience in mega sport events, we can find Government-to-Government Agreements and New Engineering Contracts.Considering the results of these contracting mechanisms, there are many public entities evaluating the possibility to use them to carry out their own projects. However, it is not unusual for these entities to not fully understand the scope and nature of said mechanisms.Therefore, this paper explains the main characteristics of these two contractual figures, as well as the experience of their use in the Pan American Games, in order to appoint some c...

As a result of the exposition that Government-to-Govermnet contracts entered into by different Peruvian entities are acquiring, through which a foreign State has been providing specialized technical assistance to the Peruvian State for the execution of important infrastructure projects, such as the Pan American Games, the works of the Reconstruction with Changes, the Chinchero International Airport, the bicentennial schools; the Peruvian State has been seeking the implementation of the different tools used in the execution of these projects in the Peruvian Procurement regulations. Among these tools, one of the most famous in recent years is the international construction standard contracts. Thus, there are already national regulations that collect these contract models and make them available to certain entities to be used for the execution of infrastructure projects. Likewise, the lates...

Within the main contracting mechanisms used by the Special Project in charge of the organization and development of the X VIII Pan American Games and VI Parapan American Games of 2019 for the acquisition of complex and sophisticated goods, services and infrastructure, considering the lack of national experience in mega sport events, we can find Government-to-Government Agreements and New Engineering Contracts.Considering the results of these contracting mechanisms, there are many public entities evaluating the possibility to use them to carry out their own projects. However, it is not unusual for these entities to not fully understand the scope and nature of said mechanisms.Therefore, this paper explains the main characteristics of these two contractual figures, as well as the experience of their use in the Pan American Games, in order to appoint some c...

After the XVIII Pan American Games and Sixth Parapan American Games were held between July and September 2019, the largest sporting event organized and executed by Peru, which involved the deployment of novel contracting and management mechanisms, the Government has sought replicate this experience in a new investment management model. In this context, the Special Public Investment Projects were created, with the aim of applying this new investment management model for the execution of public investment projects, a package of projects or a portfolio of projects.The regulation of these Special Public Investment Projects has been progressively developed in the last year, adopting even the mechanism of Government-to-Government contracts. This regulatory development has led to the creation of the first Public Investment Project, “Escuelas Bicentenario”. With the constant announcements of...

As a result of the exposition that Government-to-Govermnet contracts entered into by different Peruvian entities are acquiring, through which a foreign State has been providing specialized technical assistance to the Peruvian State for the execution of important infrastructure projects, such as the Pan American Games, the works of the Reconstruction with Changes, the Chinchero International Airport, the bicentennial schools; the Peruvian State has been seeking the implementation of the different tools used in the execution of these projects in the Peruvian Procurement regulations. Among these tools, one of the most famous in recent years is the international construction standard contracts.Thus, there are already national regulations that collect these contract models and make them available to certain entities to be used for the execution of infrastructure projects. Likewise, the latest...

The COVID-19 pandemic has highlighted the serious problem of lack of collaboration between the parties in a public contract. The parties faced unpredictable situations and the need to make agile decisions to mitigate or reduce the impacts of the pandemic; notwithstanding, in many cases they showed conflictive behavior rather than a collaborative one that prioritizes the efficient in the contract management to achieve the attention of the emergency, the dynamism of the economy, the generation of jobs, the investment in public spending, among others. Therefore, it is important to analyze the collaboration mechanisms in public contracts that are currently available in the law, as well as those that can be implemented, without losing sight of the fact that building trust among the actors in the public procurement system is essential to align the interests of the parties and generate effectiv...