Within the scope of the LCE are the national government and its departments and offices, the regional governments and their departments and offices, the local governments and their departments and offices. Additionally, the Legislative Branch, the Judicial Branch, the Autonomous Constitutional Bodies, public universities, the Armed Forces, the Peruvian National Police, government companies, as well as other public organizations, funds, agencies and all institutions that are subject to the Public Debt Law and the cooperation agreements signed between Peruvian entities or different governments are covered by the laws of public procurement.
The laws of public procurement generally refers to public entities. However, the procurement framework also covers funds wholly or partly constituted by private funds.
As an exception, public procurement law is not applicable in the following cases:
Also, as an exception, it is possible to exempt certain government entities from the scope of application of the LCE if and only if said exemption is stated by law. Currently, the LCE exempts the following public entities from its scope of application: the Private Investment Promotion Agency (Proinversión), the government oil company (Petróleos del Perú S.A.), the government company of shipbuilding and metalworking industry (SISA Peru), and the Cajas de Ahorro y Crédito.
The LCE applies to procurement contracts which are used to obtain goods, services and works, assuming payment of the price or of the corresponding remunerations with public funds and other obligations derived from the contracting party.
The LCE regulates the cases in which extension of the contract term or modification of the contract proceeds:
Any party can terminate the agreement in these cases:
There is a specific legal framework applicable to public-private partnerships contracts, which is composed of Legislative Decree No. 1224 and its Regulation, approved by Supreme Decree No. 410-2015-EF. It is important to mention that in 2017 some articles of this framework were modified by the Legislative Decree No. 1251, which was published on 30 of November 2016, and the Supreme Decree No. 068-2017-EF, which was published on 28 of March 2017. As a result, the public-private partnerships is not regulated by the public procurement framework, because this type of contract has its own unique framework.
Concessions are regulated in a separate regime; therefore, the public procurement provisions are not applicable. In general, the concessions, such public-private partnerships, are regulated by Legislative Decree No. 1224 and its Regulation, approved by Supreme Decree No. 410-2015-EF (some articles of this framework were modified b the Legislative Decree No. 1251 and the Supreme Decree No. 068-2017-EF). Additionally, different types of concession have different laws which apply, for example in an electronic concessions the Law Decree No. 25844 will also be applicable