Countries › Peru › Guide › 3. Investing › Selling to the Peruvian State: Ley General de Contrataciones Públicas Nº 32069, supplier registry, tenders, guarantees and disputes

Selling to the Peruvian State: Ley General de Contrataciones Públicas Nº 32069, supplier registry, tenders, guarantees and disputes

Last verified: 2026-10-28 · Status: Stable

Public procurement in Peru is governed by Ley Nº 32069 (El Peruano, 24 June 2024), in force since 22 April 2025, ninety days after its regulation (DS Nº 009-2025-EF, 22 January 2025). Domestic and foreign suppliers must be registered in the Registro Nacional de Proveedores, goods and works are bought by public tender and services by public contest, and purchases of 8 UIT (S/ 44,000 in 2026) or less are minor contracts without a tender. Performance must be backed by trust, bank guarantee, insurance or payment retention, and contract disputes go to dispute boards, conciliation or arbitration administered by registered institutions.

USD figures use S/ 3.452 per US dollar, the banking system selling rate published by the Superintendencia de Banca, Seguros y AFP for 27 October 2026 and shown in the Banco Central de Reserva del Perú statistics series PD04640PD. Amounts in UIT use the 2026 tax unit of S/ 5,500 (Decreto Supremo Nº 301-2025-EF, as cited in SUNAT Resolución de Superintendencia Nº 000016-2026). Amounts that the law sets in US dollars are quoted as written. Conversions are for orientation only.

Key facts

Contracts exempt from a selection procedure (minor contracts)	8 UITLey 32069 art. 34.1, as of 2026-10-28 · in force
Guarantee to appeal an award, as a share of the challenged value	0.5 %Ley 32069 art. 73.2, as of 2026-10-28 · in force
Maximum appeal guarantee (25 UIT for micro and small enterprises)	50 UITLey 32069 art. 73.2, as of 2026-10-28 · in force
Administrative fine on suppliers, share of offer or contract	3 to 10 %Ley 32069 art. 89.2, as of 2026-10-28 · in force
Date the Ley General de Contrataciones Públicas took effect	2025-04-22 dateLey 32069 twenty ninth final provision; DS 009-2025-EF, as of 2026-10-28 · in force

The rule

1. The Ley General de Contrataciones Públicas enters into force ninety calendar days after the day following publication of its regulation, except for a few provisions in force from publication. The regulation was approved by Decreto Supremo Nº 009-2025-EF, published on 22 January 2025, so the law applies from 22 April 2025; selection procedures started before then continue under the prior rules.Ley Nº 32069, Ley General de Contrataciones Públicas (El Peruano, 24 June 2024); Decreto Supremo Nº 009-2025-EF, Twenty ninth final provision; transitional provisions, 2024-06-24 official text · verified 2026-10-28 · changed: Ley 32069 replaced the previous public procurement law from 22 April 2025.

2. A supplier may be an individual, company, autonomous estate or other association, domestic or foreign. To supply the State it must hold a current registration in the Registro Nacional de Proveedores (RNP), which has indefinite validity subject to keeping the information updated (failure to update suspends the registration), and must not be barred from contracting. The regulation must guarantee equal treatment of domestic and foreign suppliers when setting maximum contracting capacity for works and measuring performance, and every participant signs an integrity pact.Ley Nº 32069, Art. 29.1 to 29.8, 2024-06-24 official text · verified 2026-10-28

3. Contracts of 8 UIT or less, at the UIT in force when contracting, are minor contracts that do not require a selection procedure; entities publish them on the digital procurement platform and they are supervised by the OECE.
Example: 8 UIT is S/ 44,000 in 2026. / About US$12,746.Ley Nº 32069, Art. 34.1 and 34.2, 2024-06-24 official text · verified 2026-10-28

4. Competitive procedures are the public tender (licitación pública) for goods and works and the public contest (concurso público) for services; abbreviated and differentiated forms such as reverse electronic auctions, price comparison and innovation procurement are set by the regulation, and the award goes to the most advantageous offer under the value for money principle. Direct contracting is allowed only in listed cases, including contracting with another public entity, emergencies, shortages and sole or exclusive suppliers.Ley Nº 32069, Art. 54.1 to 54.3 and art. 55.1, 2024-06-24 official text · verified 2026-10-28

5. Advance payments, performance and accessory obligations are secured by a trust, a financial letter of guarantee, an insurance contract or payment retention; micro and small enterprises may give retention as their performance guarantee. Financial guarantees must be unconditional, joint and several, irrevocable and payable automatically in Peru, issued by companies supervised by the SBS rated B or better or by first category foreign banks on the BCRP list, and must be honored within three business days.
Cost to do it: Guarantee issuing fees are set by the bank or insurer; the guarantee percentage is set in the regulation.Ley Nº 32069, Art. 61.1 to 61.6, 2024-06-24 official text · verified 2026-10-28

6. An appeal against the award or a declaration of void procedure requires a guarantee of up to 0.5 percent of the value of the procedure or item challenged, never more than 50 UIT (25 UIT for micro and small enterprises). The Tribunal de Contrataciones del Estado hears appeals in procedures worth more than 50 UIT.
Cost to do it: Appeal guarantee up to 0.5 percent of the challenged value, capped at S/ 275,000 (50 UIT), or S/ 137,500 (25 UIT) for MYPEs, in 2026.
Example: Challenging an award in a S/ 20,000,000 tender requires a guarantee of up to S/ 100,000. / About US$28,969 on a tender of about US$5,793,743.Ley Nº 32069, Art. 73.2 and art. 74.1 a), 2024-06-24 official text · verified 2026-10-28

7. Disputes during performance are resolved by a dispute prevention and resolution board, conciliation, arbitration, or mechanisms in international standard engineering and construction contracts. Claims for unjust enrichment or damages derived from the Comptroller General's refusal to approve additional works go to the courts. Starting a dispute does not suspend contractual obligations unless the entity or court orders otherwise.Ley Nº 32069, Art. 76.1 to 76.5, 2024-06-24 official text · verified 2026-10-28

8. Arbitrations and dispute boards in public procurement must be administered by institutions registered with the OECE, with at least five years of experience; for contracts above 2,000 UIT the institution must also hold international quality and anti bribery management certifications.
Example: 2,000 UIT is S/ 11,000,000 in 2026. / About US$3,186,559.Ley Nº 32069, Art. 77.1, 2024-06-24 official text · verified 2026-10-28

9. A contractor seeking an interim measure in court or arbitration must offer counter security; a sworn undertaking suffices for contracts of up to 200 UIT and for micro and small enterprises, otherwise a financial, asset or bank letter of guarantee is required.Ley Nº 32069, Art. 86.1, 2024-06-24 official text · verified 2026-10-28

10. Administrative fines on suppliers range from 3 to 10 percent of the offer or contract, never less than 1 UIT (between 1 and 15 UIT if the amount cannot be determined); for micro and small enterprises the cap is 8 percent or 8 UIT. The regulation sets discounts of up to 30 percent for early payment. Sanctions are recorded in the RNP.Ley Nº 32069, Art. 89.2, 89.3 and 89.6; art. 92.6, 2024-06-24 official text · verified 2026-10-28

11. The OECE integrates into the RNP the beneficial ownership information of registered suppliers, received from SUNAT under Decreto Legislativo Nº 1372.Ley Nº 32069, Twenty fifth final provision, 2024-06-24 official text · verified 2026-10-28

Threshold	Rule	S/ (2026)	US$ approx.	Article
8 UIT	Minor contracts, no selection procedure	44,000	12,746	34.1
50 UIT	Appeals heard by the Tribunal above this value; cap on the appeal guarantee	275,000	79,664	73.2, 74.1
200 UIT	Sworn undertaking enough as counter security for interim measures	1,100,000	318,656	86.1
2,000 UIT	Arbitration institution needs international quality and anti bribery management certification	11,000,000	3,186,559	77.1

Key procurement thresholds in Ley 32069 at the 2026 UIT of S/ 5,500.

Worked example

A foreign equipment maker without a Peruvian branch registers in the RNP as a non domiciled foreign supplier (gob.pe procedure 22020) and bids in a public tender for medical equipment worth S/ 20,000,000 (about US$5,793,743).
It loses and believes the evaluation was wrong. To appeal to the Tribunal (the tender is above 50 UIT) it posts a guarantee of up to 0.5 percent, S/ 100,000 (about US$28,969), well below the 50 UIT cap of S/ 275,000 (Ley 32069 art. 73.2 and 74.1).
Had it won, it would secure performance with a bank letter of guarantee from an SBS supervised bank rated B or better, or from a foreign bank on the BCRP first category list (art. 61.5).

Step by step

Register in the RNP (domestic, or as a non domiciled foreign supplier) and keep the data updated, since outdated data suspends the registration (art. 29.2 to 29.4).
Check that neither the company nor its related persons fall under the impediments to contract with the State (art. 30) and gather beneficial ownership data, which the OECE now draws from SUNAT (twenty fifth final provision).
Follow calls on the State's digital procurement platform and review the bases; minor contracts of 8 UIT or less are awarded without tender.
Price the offer and line up guarantee capacity (trust, bank guarantee, insurance or retention for MYPEs).
If the award goes against you, appeal promptly with the guarantee (up to 0.5 percent, max 50 UIT).
In performance, document claims and use the dispute board, conciliation or arbitration before an OECE registered institution.

Common traps

Ley 32069 only took effect on 22 April 2025; procedures started before that date are still governed by the old law (transitional provisions). Check which regime a tender is under.
Claims for unjust enrichment or damages where the Comptroller General refused additional works cannot go to arbitration; they belong to the courts (art. 76.3).
Arbitration must be administered by an institution registered with the OECE; ad hoc arbitration under the general arbitration law is not the route for procurement contracts (art. 77).
Starting arbitration does not suspend your obligations (art. 76.5). Keep performing unless the entity or a court orders a suspension.
Fines are never below 1 UIT (S/ 5,500) and sanctions are published in the RNP, which affects future bids (art. 89 and 92.6).
The regulation (DS Nº 009-2025-EF) sets many operating figures, including guarantee percentages. Its official PDF on gob.pe is an image scan, so confirm the specific figure in the tender bases.

Sources

← Public private partnerships and asset projects in Peru: Ley Nº 32441, ProInversión, unsolicited proposals and contract termsAcquiring a Peruvian company: merger control, share transfer rules, takeover bids and the tax on the seller →

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