Compre Neuquino: preference for the local supplier

A provincial regime of preference for local suppliers in the hydrocarbons and mining value chain. Certified Neuquen companies have a preference margin (9% and 6% depending on the supplier tier) and a right to match the best economic offer of a non-certified competitor ('first refusal'). It repeals the previous regime (Leyes provinciales 2755, 2802 and 3032). Certification as a Neuquen supplier is obtained by reaching a minimum in the Neuquen value chain coefficient of Annex I, a polynomial formula weighing five variables: company regime (turnover tax base in Neuquen over the country-wide tax base), share capital held by owners domiciled in the province, location of the registered, tax and principal offices, local employment, and owned or leased premises in the province (art. 10). That produces the two tiers: A, for high compliance, and B, for the sufficient minimum. It also creates the Neuquen Value Chain Platform (art. 9), which publishes the certified suppliers and the periodic procurement plan of the obligated parties. The floor is in art. 15: obligated parties must grant preference for no less than 60% of the total amount contracted in each category or activity in the calendar year, but ONLY in those categories for which certified Neuquen suppliers exist and are in a position to bid. The mechanism is defined in art. 14: the preference applies when the certified supplier offer is up to 9% (tier A) or 6% (tier B) more expensive than a non-certified one, and the certified supplier must then MATCH the best price; if it does not match, its offer is discarded. Where a tier A and a tier B offer are equal, tier A prevails. Art. 13 further requires obligated parties to invite certified suppliers able to perform, and to report to the authority why they failed to qualify. Art. 12 gives the supplier its own channel: one that was able to bid and was neither invited nor considered must report it to the enforcement authority. Art. 11 excludes from the benefit anyone linked to or controlled by national or foreign groups that do not meet the requirements. For joint ventures, the certified Neuquen suppliers share of profits may not be less than 51% and the principal place of the activity must be in the province. ⭐ And the regime has TEETH (Ch. VIII, arts. 22-26, read in the primary source on 21-Aug-2026): an obligated party in breach faces a warning, a fine of 1,000 to 15,000 jus, or cancellation of the certificate (art. 24) — the jus is the unit set by Ley provincial 1594, its value fixed by resolution of the Superior Court of Justice — and proceedings may be opened ex officio OR ON A COMPLAINT by anyone who learns of the breach (art. 23). Fines feed a training and innovation fund for oil and mining SMEs (art. 25). Data filed by obligated parties and beneficiaries is a sworn statement: falsehood bars an applicant from being assessed for one year and cancels a beneficiary's certificate for up to two (art. 26). Final provisions: certificates issued under the old Leyes provinciales 2755, remain valid until they expire (art. 27); the law was to be regulated within 60 calendar days of publication (art. 29) and takes effect the day after it is published (art. 30). verif · 2023 ↗

Enacted on 20-May-2022 and promulgated on 06-Jun-2022 by Decreto 2022-1088. Regulated by Decreto 2471/2022, signed on 14-Dec-2022, whose section 2 makes it effective from its publication in the Official Gazette. verif · Dec 14, 2022 ↗

OBLIGATED PARTIES (art. 3.a and art. 7): individuals or companies, joint ventures or any associative form that are holders, permit holders or concession holders of mines or of areas for prospecting, exploration, production, transport, splitting, distribution and refining of liquid or gaseous hydrocarbons, operating in fields under provincial jurisdiction. It ALSO REACHES COMPLEMENTARY SERVICES - service, engineering and construction companies - BUT ONLY IF THEY ARE CATEGORIZED AS A LARGE COMPANY BY THE TAX AUTHORITY: that is the threshold, and it leaves the entire SME band of contractors outside the obligation. Obligated parties must also pass the requirement down their whole value chain, stating it in their contracting terms and expressly noting that it must be complied with. BENEFICIARIES (art. 3.b): individuals, companies, joint ventures and independent professionals that have obtained certification as a Neuquen supplier verif · Jun 6, 2022 ↗