The National Government currently aims for the reactivation of the economy in the middle of the COVID-19 pandemic; for such purpose, the performance of transport infrastructure civil works is one of the exceptions to the preemptive mandatory isolation measure, as long as certain biosafety protocols are implemented. 

Due to the above, the National Roads Institute (“INVIAS” for its Spanish acronym) has taken extraordinary, transitory and immediate measures to contain COVID-19 and mitigate its spread in the works currently under performance, therefore complying with biosafety protocols regulated by the Ministry of Health and Social Protection generally through Resolution No. 666 of 2020 and specifically for the transport infrastructure sector through Resolution No. 679 of 2020

Therefore, INVIAS has recognized that its contractors shall adopt biosafety protocols and implement said measures under the vigilance of the respective Auditors (Interventorías). All the above aiming to reactivate the performance of the corresponding contracts.

Considering the above, through Circular Letter No. 003 of 2020, INVIAS released the measures that will be taken with respect to: (i) contracts under selection and execution procedures; (ii) civil works and consulting contracts under performance; (iii) auditing contracts for works and consulting contracts; (iv) road administration contracts; and (v) routine maintenance contracts with micro-entrepreneurs.

(i)    Contracts under selection and execution procedures

Considering Letters Nos. 001 and 002 of 2020, INVIAS has established the creation of a unique resource fund only and exclusively for the implementation of biosafety protocols.

(ii)    Work and Consulting Contracts

For civil works and consulting contracts, INVIAS will recognize as reimbursable expenses the costs generated as a result of the implementation of biosafety protocols for the performance of said contracts, for such purpose, contractors shall:

• Prepare a biosafety protocol in accordance with Resolutions No. 666 and 679 of 2020 issued by the Ministry of Health and Social Protection.
• Submit the biosafety protocols to the Auditor (Interventoría) for its approval.
• Socialize the biosafety protocols with territorial entities and with Labor Risk Administrators (“ARL” for its Spanish acronym)
• Once approved by the Auditor (Interventoría) and socialized with territorial entities and ARL, submit those biosafety protocols with INVIAS.
• The contract’s Supervisor will adopt the biosafety protocols approved by the Auditor (Interventoría), previous verification of the respective documental supports.
• Incorporate in the monthly minutes the collection with the supports of implementation for the reimbursement of expenses.

(iii)    Auditing Contracts for work and consulting contracts

For Auditing contracts (contratos de interventoría) for civil works and consulting contracts, INVIAS will recognize as reimbursable expenses the costs generated as a result of the implementation of biosafety protocols for the performance of said contracts. For such purpose, contractors shall:

• Elaborate a biosafety protocol in accordance with Resolutions No.666 and 679 of 2020 issued by the Ministry of Health and Social Protection.
• Submit the biosafety protocols approved by a professional in health and safety at work.
• Present the biosafety protocols to the territorial entities and the ARL, and afterwards submit them to INVIAS.
• The Supervisor of the contract will adopt the biosafety protocols approved by a professional in health and safety at work, previous verification of the respective documental supports.
• Incorporate in the monthly minutes the collection with the supports of implementation for the reimbursement of expenses.

(iv)    Road Administration Contracts

For road administration contracts INVIAS will recognize as reimbursable expenses the costs generated as a result of the implementation of biosafety protocols for the performance of said contracts, for such purpose, contractors shall:

• Develop a biosafety protocol or adjust the one delivered by INVIAS and guarantee its implementation under its own responsibility.
• Socialize the biosafety protocols with ARL and territorial entities.
• The Supervisor or Territorial Director must accept the biosafety protocols, prior verification with the INVIAS’ biosafety protocols.
• Incorporate in the monthly minutes the collection with the supports of implementation for the reimbursement of expenses.

(v)    Routine maintenance contracts with micro- entrepreneurs

For routine maintenance contracts with micro-entrepreneurs, INVIAS will recognize as reimbursable expenses the costs generated as a result of the implementation of biosafety protocols for the performance of said contracts. For such purpose, contractors shall:

• Develop a biosafety protocol or adjust the one delivered by INVIAS and guarantee its implementation under its own responsibility.
• Socialize the biosafety protocols with ARL and territorial entities.
• The Supervisor or Territorial Director must accept the biosafety protocols, prior verification with the INVIAS’ biosafety protocols.
• Incorporate in the monthly minutes the collection with the supports of implementation for the reimbursement of expenses.

Additionally, INVIAS reminded that the costs arising from the implementation of the biosafety protocols will be understood as to be included in the contracts without the need for amendments or modifications. Also, INVIAS underscored that this measure is transitory as long there is a risk for public health and once the risk is overcome the recognition will stop.

Finally, INVIAS established that regardless of the controls that it will perform over the biosafety protocols, the implementation of said protocols is responsibility of the respective contractors.