Despegue REFORMS ESEN
updated 2026-08-28
The norm, in detail

Public works: the registries that filtered who could compete fall

Decree 105/2025
in forceNATIONAL Market deregulation

What changed and who it applies to

What changed
Decree 105/2025 eliminates sector registries that operated as an entry barrier to contracting with the national State. Its art. 1 repeals art. 13 of Law 13.064 (National Registry of Public-Works Constructors, the basis of the capacity certificate the ONC required); its art. 3 fully repeals Law 22.460 (consulting firms); its art. 4 replaces art. 27 of Decree 1023/01: now any natural or legal person with capacity to bind itself, not covered by art. 28, can participate by enrolling in a single database that the Governing Body will design, implement and administer. The three articles and their literal texts are confirmed by direct reading of the primary source (Official Gazette notice 321315). INTERPRETIVE NUANCE (not read in the primary source): the CONSULTING-FIRMS Registry had reportedly been operationally void from earlier (Decree 917/1994 is cited), so 105/2025 would repeal the remaining legal shell; the CONSTRUCTORS registry was indeed alive and operational until 2025, and that suppression is this administration's substantive change. Complementary data, pending confirmation in the primary source: the deepening via Decree 206/2025 (which would create the Co-contractors Information System, SICO) was NOT read in the primary source and could not be confirmed. verif · Feb 17, 2025
In force
In force from its publication in the Official Gazette (02/18/2025). No reversal or judicial halt was found. A rule later than 12/10/2023: it belongs to this administration. verif · Feb 18, 2025
Who it affects
Construction companies and consulting firms that contract public works and services with the National Public Administration. It eliminates the prior filter of mandatory enrollment/certification in sector registries: the universe of potential bidders widens (SMEs and new entrants that previously were left out for lacking the Constructors Registry's capacity certificate). Per the text of art. 4, control moves to a single database administered by the Governing Body (its concrete implementation —the SICO of Decree 206/2025— remains to be confirmed in the primary source). verif · Feb 17, 2025
The norm
Decreto 105/2025 (a delegated decree of the national Executive), signed Feb 17, 2025, published in the Boletín Oficial on Feb 18, 2025 (notice 321315). Signatories: Milei - Francos - Sturzenegger. Number, dates, signatories and the text of arts. 1°, 3° and 4° confirmed by reading the primary source directly. Decreto 206/2025 (which would create the SICO) is mentioned as a complement but was NOT read in the primary source: still to be verified. verif · Feb 17, 2025

Our reading

The registries fall that decided in advance who could even compete for public works: now capacity to bind oneself and not being disqualified suffices. It is deregulation that lowers the entry barrier (R4 · opening and deregulation) and opens the field to SMEs and new entrants of the satellite ecosystem, replacing a prior filter with a single database. What is worth watching is that the new single database does not rebuild through the window the same barrier that was removed through the door. thesis

Where it lands, province by province1

San Juan The national builders' registry falls, but in San Juan the filter that still bites is provincial and fiscal: the tax law charges 2% turnover tax to a builder registered with the Provincial Registry of Public Works Contractors or with IERIC, and 2.50% to one that is not. With the copper construction peak running 2026-2030, half a point on the certificate decides a bid. mixed opening and deregulation thesis

The other rules on this subject36

Mega-DNU: the regulatory chainsawDecree 70/2023 (DNU-2023-70-APN-PTE)in force
Rentals: freedom of contract returnsDNU 70/2023, art. 249in force
The IGJ digitizes companies' financial statementsIGJ General Res. 9/2026 (RESOG-2026-9-APN-IGJ#MJ), Official Gazette Jul 2, 2026in force
Domestic trade: price-control and intervention rules fallRes. 12/2026 SIC (Official Gazette Jun 9, 2026)in force
Ley Hojarasca: cleanup of the legal framework (still in the Senate)Bill CD-1/26 (half-sanction May 20, 2026)pending
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How to read the seals →   verif primary source · prob primary source pending · unconf not sufficiently backed · estim our own calculation · thesis our reading