Public Works Observatory: Internal Rules Approved

Through Resolution No. 31/2020, published in the Official Gazette on May 5, 2020, the Public Works Observatory (the “Observatory”) was created. The Observatory is a space for participation of different interested individuals and companies intended to contribute to the assessment and continuous improvement of the legal framework, practices, tools and planning procedures, as well as for the procurement and performance of public works to be carried out by Public Works Ministry (the “Ministry”).

The Observatory will be presided by the Administrative Management Secretariat of the Ministry and its members will be one representative of each of the civil society, business associations and other institutions, related with the procurement and performance of public works that express their interest and sign the relevant framework agreement.

The Internal Rules, passed through Resolution No. 11/2020 issued by the Administrative Management Secretariat, released in the Official Gazette on July 30, 2020, regulate the internal functioning of the Observatory. The Internal Rules will be an annex to the framework agreements signed by the entities that would like to be a member of the Observatory.

According to the Internal Rules, the Observatory’s main purpose is to work as a space for participation by bringing together different educational institutions, public and or private national and/or international organizations, related with the procurement process and performance of public work, in order to produce analysis and concrete proposals. In this sense, the Observatory functions, among others, are: to promote the implementation of concrete solutions aiming to contribute to the efficacy, the efficiency, the integrity, the transparency and the public participation in all the procurement and performance of public works; to convene advisory meetings with the public and private sector and to collaborate with such sectors.

The Internal Rules states all the activities developed in the Observatory will be governed by the principles of transparency, participation, legality, equality, publicity, fairness among their members and collaboration. Furthermore, in its institutional relations with the Ministry and within the context of independence and collaboration, the Observatory must respect the institutional fairness and coordination principles.

Moreover, all the individuals and institutions that are members of the Observatory and those who participate in its working sessions and collaborate in its management will develop their activities ad honorem.

As a tool to promote transparency, public participation and the opening of public data during the performance of its duties, the Observatory will implement a permanent information system that may be consulted in the Ministry’s official website.

In the event that the Observatory requires personal data processing to comply with its duties, this treatment must be in accordance with the applicable regulation. In particular, it must  comply with the Access to Public Information Law No. 27,275 and the Data Processing Protection Law No. 25,326. This intends to protect confidential information, taking into special consideration the treatment of personal data and free movement.

If it works with independence and transparency, the Observatory may become an important institution to modernize and provide greater agility and transparency to all issues related to the procurement and performance of public works.