If the contract’s implementation is delayed beyond the initial deadline provided by the contract through the public partner’s fault, the private investor will not be entitled to price adjustments, only to penalties or damages, which the state will be compelled to pay only by a court ruling.
These rules were introduced by the Government through a decision amending the public-private partnership law’s application norms.
The decision says that, when a public-private partnership contract ends, state authorities may inform the private investor of their decision, as well as the reasons behind the decision and whether the procedure will be repeated. On request, the public partner will inform each private investor why their offer/letter of intent was rejected, or why the offered project, goods or services do not correspond to its requirements.
Nevertheless, public partners may decide not to disclose certain information on the contracts’ attribution, when providing that information would interfere with the law, would be contrary to the public interest, would damage the legitimate commercial interests of private investors or impede fair competition between them, says the decision.
The document also says a contract’s price may be adjusted in unforeseen circumstances, independent of the parties, or when the selection procedure runs over the initial schedule through no fault of the private investor.