The Competition Tribunal resolved an inquiry presented by ECM Ingeniería S.A., regarding a project that consisted of the joint construction and operation of underground and surface parking lots in downtown Melipilla; this project had been presented by ECM to the Municipality of that city. The Tribunal declared that this project complied with D.L. N° 211, as long as the tender that assigns this project to a company complies with the following conditions: (i) it must be assigned to the applicant that offers the lowest weighted average tariff for underground and surface parking; (ii) the term of the contract must not surpass 30 years; (iii) if one or more payments to the Municipality are to be considered in the tender, they must be pre-established in the tender bases, and must be determined in regard to the economic value of the assets the Municipality will provide for the development of the project; (iv) the tender bases must not include requirements that translate into barriers to entry and give artificial and discriminatory advantages to some participants over others; (v) the evaluation criteria and the reasons why an offer can be dismissed must be objective, established in the tender bases, and known to the participants; and (vi) the tender bases, the contract and its eventual modifications can only contain exclusivity clauses if they are justified in the financial evaluation of the project.