NEWS
The Ministry of Housing, Construction, and Sanitation (MVCS) presented new opportunities for participation through the “Work for Taxes” program.
The MVCS indicated that new opportunities are now available to participate in the “Work for Taxes” (OxI) program, highlighting among them the development and updating of territorial planning instruments.
It specified that with the approval of the new Regulations for Law No. 29230, the Works-for-Taxes Law (DS No. 038-2026-EF), a turning point was reached by expanding the scope of this mechanism. The new framework will allow public entities to prioritize, through OxI, the development of instruments such as Urban Development Plans, Territorial Conditioning Plans, Metropolitan Development Plans, as well as urban and rural cadastres, among others.
Sources:
Tax-Based Services Are Gaining Ground Among Government Agencies’ Requirements.
Two sectors have already published their first lists of tax-based services (SxI). On May 15, PROINVERSIÓN reported that the Ministry of Education (MINEDU) and the Ministry of Health (MINSA) had published their first lists of prioritized services for SxI.
In the case of MINEDU, the services were classified into three types: i) partial demolition of educational buildings at high risk of collapse, with temporary facilities to prevent class disruptions; ii) installation of electrical upgrades in educational facilities; and iii) installation of heating systems in areas prone to cold spells or frost.
For its part, MINSA listed fourteen (14) services related to combating metaxenic diseases (dengue, Zika, and chikungunya) in rural and border areas.
It is expected that, as the weeks go by, other agencies will follow suit by publishing their lists of services, as the Ministry of Social Cohesion and Solidarity (MVCS) recently did.
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NEW REGULATIONS AND DRAFT REGULATIONS
Publication of Various Draft Directives by the Specialized Agency for Efficient Public Procurement (OECE)
On May 30, 2026, the OECE published in the official gazette “El Peruano” various draft directives and guidelines aimed at regulating aspects related to the registration, administration, and participation of the various parties in arbitrations arising from public procurement. It also announced the release of a new draft Code of Ethics applicable to arbitration in this area.
View the draft directives and guidelines proposed by the OECE:
- Directive No. 011-2025-OECE-CD, “Directive on the Supervision of Arbitration Institutions and Centers for the Administration of Dispute Prevention and Resolution Boards,” Version 2.
- Directive No. 004-2025-OECE/CD, “Register of Arbitration Institutions and Centers for the Administration of Dispute Prevention and Resolution Panels (REGAJU),” Version 2.
- Guideline No. 001-2025-OECE-CD, “Guidelines for the Preparation of Internal Regulations by Arbitration Institutions and Centers for the Administration of Dispute Prevention and Resolution Panels,” Version 2.
View the new draft Code of Ethics:
Finally, the drafts have been published on the OECE website for a period of fifteen (15) calendar days, starting from their publication in the Official Gazette, in order to encourage public participation through the submission of comments, contributions, or opinions regarding their content. To this end, these should be submitted through the OECE’s Filing Office by June 14.
CASE LAW AND PRECEDENTS
OECE Opinions
Foreign Suppliers Without an RNP? Here’s What the OECE Says About Contracting with MINSA and ESSALUD
In Opinion No. D000044‑2026‑OECE‑DTN, the OECE’s DTN addressed the inquiry regarding whether non-domiciled suppliers are required to be registered in the National Supplier Registry (RNP) to contract with MINSA and ESSALUD under Law No. 32069 and its Regulations.
The DTN specified that contracting for the procurement of pharmaceutical products and medical devices constitutes an exceptional case, excluded from the application of Law No. 32069, although subject to OECE oversight. Within this framework, the Fourteenth Final Supplementary Provision of the Law authorizes these entities to contract directly with non-domiciled foreign suppliers who do not hold an RNP registration.
Consequently, since this is an exempt regime, non-domiciled suppliers are not required to register with the RNP in order to contract with these entities.
Rulings of the Public Procurement Court (TCP):
Can a Different Product Name Disqualify You? The Court Responds
In Resolution No. 04513-2026-TCP-S1, the First Chamber of the TCP clarified that more specific product names than those provided for in the procurement rules cannot be required.
In the case under review, the Entity held an electronic auction for the supply of food under the Food Supplementation Program. A bidder was disqualified because its SENASA certificate listed the term “Pea – Pisum sativum,” while the Agency required the term “split pea.” The terms and conditions only required that the certificate include the common or scientific name of the product.
The Panel noted that it is not valid to impose additional requirements not provided for in the Technical Specifications or the Supplementary Information Document. It also concluded that “Pisum sativum” fully identifies the product and that “split” is merely a form of presentation, not a distinct product.
Consequently, the TCP upheld the appeal, revoked the award, and awarded the contract to the challenging bidder.
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