Mechanism by which public and private agents voluntarily sign a long-term contract, as a result of a competitive process, for the provision, management or operation of goods and services of social interest, in which there is a total or partial investment by the private agent and a tangible or intangible contribution by the public sector, distribution of risk between both parties and the remuneration is associated with performance as established in the contract.

Any work or asset whose use allows to satisfy needs of collective interest, including public goods.

The activities developed to satisfy the needs of the collective interest, including public services.

Long-term is understood to be any period of time that is equal to or greater than five (5) years.

Law 47-20 regarding Public Private Partnerships enacted on February 20, 2020, and its application regulation enacted on September 1, 2020, through Decree No. 434-20.

The Agency of Public Private Partnerships (DGAPP for its acronym in Spanish) created by provision of Law 47-20.

The National Council of Public Private Partnerships (CNAPP for its acronym in Spanish).

The CNAPP is conformed by:

• Minister of the Presidency, who chairs the Council;

• Minister of Treasury;

• Minister of Economy, Planning and Development;

• Legal Consultant of the Executive Branch;

• General Director of Public Procurement, with voice and vote exclusively with regard to the design and structuring of the competitive processes

• Executive Director of the DGAPP, with voice, but without vote.

The linking of legal persons of public law and non-profit, national or international cooperation and development organizations, to carry out collaborative activities in the provision of goods or services of social interest, whose purpose is to promote the social development of the country. Said partnership does not recognize the generation of any financial benefit.

An initiative is considered to be any formal and documented proposal from private or public agents that aims to present a project with the purpose of satisfying a public need through a public-private partnership, as described in this law and regulations.

Those that originate from public agents and can be with or without transfer of State resources.

Those that originate in private agents that propose to the Dominican Government the creation of a public-private partnership.

The National Council of Public-Private Partnerships (CNAPP).

he entities and organisms of the Republic that conform the Public Administration, and that, according to the scope of their competence, participate or present initiatives for the development of public-private partnerships, in accordance with the provisions of Article 2 of Law 47-20.

For the presentation of proposals, the provisions of article 34 of Law 47-20 and the protocol and guidelines for the presentation of private initiatives that can be found in the Publications menu, must be complied with.

Road Infrastructure, Aeronautics, Port Infrastructure, Water, Health, Agriculture, Energy, Housing, Tourism, International Trade, Urban Infrastructure and Mobility, Telecommunications, Education, Citizen Security and National Defense.

It is the open and transparent method of selecting the private agents that have the greatest capacity to successfully carry out the project under the most beneficial conditions for the public interest.

It is the binding legal act signed between the public and private agents by which the conditions of the public-private partnership are established for the provision, design, construction, financing, management, operation, maintenance and total or partial administration of goods or services of social interest.

• To close the public infrastructure gap.

• Improve the scope and quality of public services.

• Boost the national economy, the generation of productive employment and the competitiveness of the country.

The National Council of Public-Private Partnerships, CNAPP.

The PPP contract is signed between the private agent that is the successful bidder as a result of the competitive bidder selection process and the contracting authority.

The public-private partnership contract will establish the terms and conditions that will regulate the provision, design, construction, financing, provision, management, operation, maintenance or total or partial administration of goods or services of social interest.

The Law establishes that when it comes to transfers of state assets, a trust will preferably be incorporated, but not in a unique and mandatory manner, the regulation establishes that the administration of goods and services of social interest will be established by the contract Public Private Partnership.

It is the public agent that, due to the nature of the object of the public-private partnerships, is responsible for the signing and administration of the public-private partnership contract.

To guarantee:

1. More orderly, efficient, and transparent processes.

2. Participation in equal opportunities by the private sector.

3. Mobilization of private resources.

4. Fiscal and environmental sustainability.

Public-Private Partnerships

Public-Private Partnerships are long-term contracts between the private sector and the public sector to voluntarily carry out the provision, management, or operation of a good or service of social interest, where contributions and investment risks are distributed between the public sector and the private sector. At the end of the contract signed between the parties, the good or service returns to the State again.

Privatization

Privatization is a permanent agreement. When a good or service of the State is privatized, it means that the public sector sells, alienates, some good of the State in favor of the private sector so that the latter is the owner of this good or service for as long as it considers.

Concessions

When the State makes a concession to the private sector, it grants the provision of a good or service in an absolute manner. In this case, the concessionaire administers or operates the good or the service and simply reports to the public sector or pays some type of fee or remuneration under that concession. In this modality, the public sector is not part of the operation of the concession, nor of the share capital.