Through Decree 1472 of 2025, the National Government, recognizing the need to facilitate proper budget management in PPP projects, decided to amend the existing regulations to allow the rescheduling of deadlines and/or the annual distribution of previously authorized future budget commitments for PPP projects currently under performance.

For such a rescheduling request to proceed, Decree 1472 of 2025 establishes certain technical, legal, and fiscal conditions, which must be considered and evaluated by the Higher Council for Fiscal Policy – CONFIS.

It is worth highlighting that article 2.2.2.1.11.8 of Decree 1082 of 2015 already regulated this matter. According to the previous regulation, entities or bodies under Law 1508 of 2012 or pertaining to the National General Budget could request to CONFIS the reschedule of future budgetary allocations, provided that the request would not increase the total value of the contract with respect to the original authorization nor the annual distribution and would only be limited to modify the term originally approved.

Now, through the amendments introduced by Decree 1472 of 2025, the procedure to obtain a reschedule of future budgetary allocations in PPP projects has been regulated. The procedure allows a modification both to the schedule and the annual quotas of future budgetary allocations (as long as that does not imply a change in the total amount authorized by CONFIS).

Therefore, the entities or bodies may request to CONFIS the reschedule of future budgetary allocations, as long as the following requirements are met:

  1. A technical, legal, and financial justification by the executing entity or body explaining the need to reschedule future budgetary allocations for the relevant PPP project, including an express statement from the project’s contractor confirming its agreement with the proposed financial and budgetary adjustments.
  2. A proposal from the executing entity or body outlining the new schedule of annual commitments of future budgetary allocations, specifying the amounts corresponding to each fiscal year, which shall ensure compliance with the commitments to the performance of the PPP project.
  3. A certification issued by the Legal Representative of the executing entity or body stating that the rescheduling does not increase the total value of the contract compared to the initial authorization, and that the limitations for contract amendments outlined in Law 1508 of 2015 are not violated.
  4. A prior favorable opinion from the competent Ministry or lead sector entity confirming the feasibility of the requested rescheduling and certifying that the values included in the proposal fit within the sector’s assigned annual limit.
  5. A prior favorable opinion from the National Planning Department and the Ministry of Finance regarding the feasibility of the rescheduling requested for each future budget commitment, in accordance with the Mid-Term Fiscal Framework.

The Decree applies to the bodies that form part of the National General Budget of the Nation and to national government entities subject to Law 1508 of 2012 for the performance of projects under public–private partnership schemes. 
 

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