Ineligibility Regime in Public Procurement Procedures

On January 6, 2026, the Argentine Executive Branch published in the Official Gazette the Decree No. 5/2026. This Decree introduces amendments to the Regulations of the Public Procurement Framework approved by Decree No. 1030/2016 and to Decree No. 1169/2018, regarding grounds for the ineligibility of bids linked to corrupt practices in public procurement procedures.

Under the new wording, individuals and legal entities included on the debarment lists of the World Bank and/or the Inter-American Development Bank due to corrupt, fraudulent, collusive, coercive or obstructive practices, misappropriation, or any other grounds provided for the inclusion on such lists, shall be ineligible to contract for as long as such condition remains in effect.

In addition, it is expressly established that, when evaluating bids, the contracting jurisdictions and entities must verify that bidders are not included on the aforementioned debarment lists.

The amendment applies to public works procurement procedures, public works concessions, and the procurement of goods and services carried out by jurisdictions and entities of the Federal Public Administration.

Previously, the regime provided for ineligibility only where inclusion on the multilateral organizations’ debarment lists was based on conduct or corrupt practices contemplated in the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.

The decree acknowledges that this formulation posed operational difficulties in practice, given that the exclusion mechanisms of multilateral development banks encompass a broad range of prohibited practices under their own rules, without the published lists specifying the particular legal classification of the conduct that led to the economic operator’s inclusion. In this context, the amendments included revises the ground for ineligibility in order to ensure its effectiveness.

The measure forms part of the policies on integrity, transparency, and anti-corruption in public procurement, as well as Argentina’s commitments under the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, approved by Law No. 25,319.

The decree will enter into force fifteen (15) calendar days as from the business day following its publication in the Official Gazette and will apply to selection procedures authorized or called as from that date.