Public Works New Regimen - Full Text Of The Norm

Original Language Title: OBRAS PUBLICAS NUEVO REGIMEN - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
Law 13.064 Because: The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law 13064. Buenos Aires, 6/10/47

CHAPTER I

Public works in general

Article 1 - Consider national public work any construction or work or service of industry that is carried out with funds of the Treasury of the Nation, except those carried out with subsidies, which shall be governed by special law, and the military constructions, which shall be governed by law 12,737 and its regulation and supplemental by the provisions of the present. Art. 2o - The powers and obligations set forth in this Act may be delegated by the Executive Power to a legally authorized authority, agency or official. Art. 3o - If the State resolves to perform public works through persons or non-official entities, it shall proceed in accordance with the provisions of this Act. Art. 4o - Prior to the removal of a public work to auction or the direct recruitment of its performance, the approval of the respective project and budget, by the legally authorized agencies, should be accompanied by the solicitation documents of the execution, as well as the basis for the invitation to bid to be adjusted by the proponents and the awardee, and the draft contract in the event of direct procurement. The responsibility of the project and the studies that have served it as a basis, fall on the body that made them.

In exceptional cases and where the special circumstances require it, the Executive Power may authorize the award, on the basis of drafts and global budgets, which shall be provisional for the time required for the preparation and approval of the final documents.

It may be called to contest for the development of projects and to agree on prizes that are considered fair and stimulating, as well as to hire projects directly in special cases.

When the completion of the work is to be accelerated, bonuses or premiums may be established, which will be reflected in the tendering bases.

Art. 5o - The tendering and/or procurement of public works will be made on the basis of one of the following systems:

(a) By unit of measure;

(b) By enhanced adjustment;

(c) For cost and costs, in case of justified urgency or of proven convenience;

(d) For other emergency systems established.

In all cases, recruitment may be made with or without the provision of materials by the State.

Art. 6o - The lease of property and machinery (employment, equipment, transport, boats, dredgings, floating cranes, etc.) for national public works may be made on tender or without it. Art. 7o - No tendering or awarding of any work may be made or investments that have no legal credit.

Except for this requirement the new constructions or repairs that were declared of recognized urgency, in charge of requesting the granting of the credit corresponding to the Honorable Congress. In the event that the decision had not been pronounced within the corresponding regular period, the requested credit will be agreed upon, as well as the authorization to finance it. (Accounting Act, article l9.)

Art. 8o - The agreed credits for public works may be affected by the amounts required for the acquisition of the land necessary for their execution. Art. 9o - National public works may only be awarded in public auction.

They are exempt from the solemnity of the auction and may be tendered privately or directly contracted, the works included in the following cases:

(a) When the cost of the work does not exceed $100,000 national currency;

(b) When the work that was indispensable in an ongoing work of execution had not been foreseen in the project or could be included in the respective contract. E1 amount of the above supplementary work shall not exceed the limits set forth in the following scale:

Original cost of the contracted work

Limit of the Contract for Complementary Works

Till

$500,000

$100.000

From

$500.001

until

$2,000.000

20%

"

$2,000.000

until

$5,000.000

15

"

$5,000.001

until

$10,000.000

10

More than

$10,000.000

5

This scale will be cumulative when the original cost of the contracted work is higher than $ 500,000 national currency.

(c) When recognized emergency or unforeseen circumstances require prompt execution that does not give rise to the procedures of the auction, or to the satisfaction of social order services of an imposterable nature;

(d) Where the security of the State requires special security or large reservation;

(e) When the award determines the artistic or technical-scientific capacity, the skill or the particular experience of the executor of the work or when it is protected by patent or privilege or the knowledge for the execution is possessed by a single person or entity;

(f) When an auction was made, there had been no proponent or no admissible tender;

(g) The other cases provided for in the accounting law.

CHAPTER II

tendering and awarding

Art. 10. - The public tender shall be announced in the Official Gazette of the Nation and in the analogous organ of the provincial government or of the territory where the work is to be built, without prejudice to announcing it in private advertising bodies or in any other way, in the country or abroad, if deemed appropriate.

Mandatory announcements should be issued in advance and during the following time:

Budget amount

Days of anticipation

Publication days

$50,000

a

$200,000

10

5

$200.001

a

$500,000

15

10

$500.001 in more

20

15

When the success of the tender is desirable, the established deadlines may be extended and reduced in cases of urgency.

Art. 11. - The tender notice shall express: the work that is tendered, the place of execution, the agency that performs the tender, the place where the bases of the auction can be consulted or withdrawn, the conditions to which the proposal must be adjusted, the official to which the proposals should be directed or delivered, the place, day and time in which there is, that the auction be held and the amount of the guarantee that the proposal shall constitute to intervene in it. Art. 12. - The plans and budgets, the memory and other documentation necessary for the information of the proponents will be available to those who wish to consult them, during the end of the call, at the headquarters of the tendering authority.

Copies of the above-mentioned documentation shall be forwarded to the province or territory where the work shall be done, prior to the publication of the notice, maintaining for the same purpose and for the same time, in offices of 1st tendering authority or in the corresponding federal court.

Art. 13. - For the purposes of the qualification and training of enterprises, the National Registry of Public Works Builders shall be governed by the regulations to be issued by the Executive Branch. Art. 14. - Before submitting a proposal, the one that made it shall deposit, in cash or in national titles or bonds, in the Bank of the Argentine Nation, to the order of the competent authority concerned, an amount equal to 1 % of the value of the official budget of the work that is tendered.

The amount deposited will not be returned by proposing to whom the award was made until after the conclusion of the contract.

Art. 15. - The closed proposals shall be submitted to date and time indicated for the act of the tender and shall be made in folds signed by the proposer and accompanied by the document in which the previous deposit has been made, required by the previous article. Art. 16. - In the place, day and time indicated in the notices, the act of the tender will begin. The time limit for admission of the proposals and before opening some of the submissions, the interested parties may request explanations or make clarifications regarding the event, but the opening of folds will not be allowed any observation or explanation.

The decks of the folds will be opened containing the proposals and the proposals will be read by the actuary before the officials and persons who anticipate the act; the reading will be extended to the record that will be signed by the authoritative officials and the attendees at the time of the break. The proponents may record in this record the observations deserving of the act or any of the proposals submitted.

Art. 17. - Additional offers or proposals for modifications that were delivered after the act of the auction should be discarded. However, clarifications may be considered that do not substantially alter the original proposal, or change the bases of the auction or the principle of equality between all proposals. Art. 18. - The absence of more than one proposal does not preclude the award. This will always fall on the most convenient, being in accordance with the conditions established for tendering.

The submission of proposals gives no right to the proponents for their acceptance.

Art. 19. - Submitted a proposal or made the award in the manner determined by the accounting law, the proposer or adjudicator may not transfer the rights, in whole or in part, without the consent of the competent authority.

Such consent may be agreed, as an exception, if the person receiving the rights offers, at least, equal guarantees.

Art. 20. - Proponents should maintain tenders during the deadline set at the tender bases.

If before the award is resolved within the time limit of the maintenance of the proposal, it is withdrawn, or invited to sign the contract is not presented in form and time or refuse to comply with the contract made in term, it will lose the deposit of guarantee for the benefit of the public administration, without prejudice to the suspension for a specified time of the Register of Public Works Builders.

CHAPTER III

The formalization of the contract

Art. 21. - Between the public administration and the awardee will be signed the administrative contract for public works and this will strengthen the fulfillment of its commitment by a deposit at the Bank of the Argentine Nation for 5% of the amount of the agreement in money or in titles or in national bonds to the current value in square, or through an equivalent bank bond, to the satisfaction of the competent authority. Such bail shall be affected in the proportion and form provided for in articles 26, 27 and 35.

The work may be contracted with the proposal to continue in order of convenience, when the first ones withdraw the proposals or do not agree to sign the contract.

They will form part of the contract that the tender bases, the solicitation documents, the technical specifications and other tender documents are subscribed.

Art. 22. - After the contract has been signed, an authorized copy of the plans and budgets will be delivered to the contractor at no cost, and the other documents of the project will be provided for consideration or copying, if necessary. Art. 23. - Signed to the contract, the contractor may not transfer or assign it, in whole or in part, to another person or entity, or associate for its performance, without authorization and approval of competent authority. Art. 24. - Contracts shall be perfected with the fulfilment of the precepts set out in the preceding articles, without the need for other procedures.

CHAPTER IV

Execution of works

Art. 25. - Once the contract has been signed, the initiation and realization of the work shall be subject to the provisions of the general and special conditions which served as the basis for the tendering or direct award of the works. Art. 26. - The contractor is responsible for the correct interpretation of the plans for the realization of the work and will respond to defects that may occur during the execution and preservation of the work until the final reception. Any deficiency or error found in the project or at the plans should be communicated to the competent official before the start of the work. Art. 27. - The contractor is responsible for any claim or demand that could result in the provision or misuse of patented materials, construction system or implements. Art. 28. - The contractor may not challenge the technician who has been appointed by the competent authority for the management, inspection or valuation of the works; but if he has justified cases, he shall expel them for the termination of such authority, without this being a reason for the suspension of the work. Art. 29. - The contractor shall conform to the modifications to the work, to be ordered by authorized official, provided that such orders are given to him in writing and do not alter the basis of the contract. Art. 30. - The alterations in the project that result in increases or reductions in costs or contracted work shall be obligatory for the contractor, paying, in the first case, the amount of the increase, without having the right in the second to claim any compensation for the benefits that it had ceased to receive from the reduced, suppressed or modified part. If the contractor is justified in the collection or contracting of materials or equipment for the reduced or suppressed works, a justification shall be made for the damage suffered by the said cause, which shall be certified and paid to it.

The obligation on the part of the contractor to accept the amendments referred to in this article is limited in accordance with article 53.

Art. 31. - The contractor may not, under any pretext, do any work but strictly subject to the contract, and if it does, it shall not be paid to him, unless he submits a written order which has been given to him by authorized officer, in which case the payment shall be made by competent authority. Art. 32. - Where the contract establishes that the contractor must provide the materials, the materials shall be strictly in accordance with the specifications made by the solicitation documents. Art. 33. - Where the amount resulting from the fair valuation of securities is not appropriate, the contractor shall be discontinued, taking into account that the provision does not represent an extra-contractual charge for the contractor, and the contractor shall be granted the right to compensation for the materials collected and the contracted, on travel or under construction, if it proves the existence of the same. Art. 34. - If, in order to carry out the modifications referred to in article 30, or for any other reason, it is deemed necessary to suspend the whole or part of the contracted works, it will be indispensable for the validity of the resolution, to communicate to the contractor the corresponding order in writing, proceeding to the measurement of the work performed, in the part that reaches the suspension, and to extend the record of the result.

This record will set out the details and value of the plantel, of the equipment used and of the contract, on travel or construction, and will make a payroll of the staff to be in charge of the work. E1 contractor shall, in that case, be entitled to compensation for all expenses and damages incurred by the suspension, which shall be certified and paid.

Art. 35. - Delays in termination of work with respect to the stipulated time frames will result in the application of fines or sanctions to be graduated by the Executive Branch in accordance with the importance of delay, provided that the contractor does not prove that they were due to justified cases and are accepted by competent authority.

E1 contractor shall be constituted in arrears for the sole fact of the course of the or the time limit stipulated in the contract and liable to the payment of the fine applied, and may be deducted from the certificates in his favour, from the arrests for relief or to affect the bond rendered.

Art. 36. - E1 contractor shall keep up-to-date the payment of the staff employed in the work and shall not be able to deduct any sum that does not respond to the enforcement of laws or resolutions of the Executive or the Judiciary and shall give strict compliance with the provisions on labour legislation and to which they are subsequently imposed. Without prejudice to the provisions of article 39, any breach of compliance with these obligations may be deemed to be serious negligence for the purposes of termination of the contract because of the contractor and in all cases prevent the processing and payment of the certificates of works.

CHAPTER V

Of the alterations of the conditions

contract

Art. 37. - E1 contractor shall not, under the pretext of error or omission of his part, claim to increase the contract prices.

The budget mistakes, in terms of extension or value of the works, will be corrected at any time until the termination of the contract.

In such cases, the contractor shall have the right under articles 38 and 53.

Art. 38. - If the public works contract concluded, the administration would have set unit prices and the modifications or errors referred to in articles 30 and 37 would import in some item an increase or decrease of more than 20% of the amount, the administration or contractor shall have the right to set a new unit price in common. In the event of a decrease, the new price will apply to the full amount of work to be done in the item, but if it is an increase, it will only apply to the amount of work that exceeds that for this item in the official budget of the work. If no agreement was reached between the contracting parties, the administration may provide that the work of the diminished item or surpluses of which it has increased, shall be carried out directly or by new contract, without the right to claim by the contractor.

The total deletion of an item will only give the contractor the right under article 53.

Art. 39. - E1 contractor shall not be entitled to compensation for losses, breakdowns or damages caused by his own fault, lack of means or errors in transactions that are attributable to him. Where such losses, faults or damages come from the fault of the employees of the administration, or of force majeure or fortuitous case, they will be supported by the public administration.

For the purposes of the application of the preceding paragraph, cases of fortuitous force or force majeure shall be considered:

(a) Those who have direct cause in acts of the public administration, not provided for in tenders;

(b) Events of extraordinary natural origin and such characteristics that prevent the contractor from taking the necessary measures to prevent their effects.

In order to be entitled to the awards referred to in this article, the contractor shall make the corresponding claim within the time frames and under the conditions determined by the special folds of each work.

In the event that the compensation is appropriate, the damage shall be paid as soon as possible with the contract prices.

CHAPTER VI

From the reception of the works

Art. 40. - The works may be received in part or in full, as provided for in the contract; but the partial receipt may also be made when deemed appropriate by competent authority.

The total or partial receipt shall be provisional until the time limit for the warranty set has been met.

Art. 41. - The final receipt shall be effected as soon as the time limit of the warranty set out in the contract expires, with the contractor responsible for the maintenance and repair of the works, except for the effects resulting from the misuse of the works. Art.42. - In cases of final partial receptions, the contractor shall be entitled to the return or release of the proportional portion of the bond and the security right under articles 20, 44 and 46. Art. 43. - If the works were not carried out under the terms of the contract, the provisional receipt may be suspended until it is in that state, without prejudice to the application of articles 35 and 50 if applicable. Art. 44. - Bail shall not be cancelled to the contractor until the final receipt is approved and the compensation for the damages incurred by the contractor is justified.

CHAPTER VII

Of the payments of the works

Art. 45. - Payment conditions shall also be established in general terms and conditions for each work Art. 46. - Conditions will graduate the imposition and release of guarantees for partial liquidation of work. Art. 47. - The sums to be handed over to the contractor in payment of the work are exempt from judicial embargo, except where the creditors are workers employed in the construction or persons to whom services, jobs or materials are required.

The embargo by the individual creditors of the contractor shall be accepted only on the amount remaining to be paid after the final receipt of the work.

Art. 48. - If the payments to the contractor are delayed for more than thirty days from the date on which, according to the contract, they must be made, the contractor shall be entitled only to claim interest at the rate set by the Bank of the Argentine Nation for the discounts on certificates of work.

If the delay was caused by the contractor, due to claims on measurements or other causes for the execution of the work, and they were unfounded, or the issuance or tracing of the certificates or other documents for acts thereof was interrupted, it would not be entitled to interest payments.

CHAPTER VIII

Termination of contract

Art. 49. - In the event of the death, bankruptcy or civil contest of the contractor, the contract shall be terminated unless the heirs, or syndic of bankruptcy or contest, offer to carry out the work under the conditions stipulated in the contract. The national administration shall set the deadlines for submission of offers and may admit or discard them, without the latter having such successors the right to compensation. Art. 50. - The national administration shall have the right to terminate the contract, in the following cases.

(a) Where the contractor is guilty of fraud or serious negligence or contravenes the obligations and conditions stipulated in the contract;

(b) Where the contractor proceeds to the execution of the works promptly, so that the party executed does not correspond to the time provided at the working level and in the opinion of the administration cannot be completed within the specified time frames;

(c) Where the contractor exceeds the deadline set in the tendering bases for the initiation of the works;

(d) If the contractor transfers its contract in whole or in part, it is associated with others for the construction or subcontract, without prior authorization from the administration;

(e) When the contractor abandons the works or interrupts the work for more than eight days on three occasions, or when the abandonment or interruption is continued for the end of one month.

In the case of subparagraph (b), the contractor must be required to provide the necessary means to expedite the work to reach the contractual level of execution within the prescribed time limit and to terminate the contract if it does not take the measures required for that purpose.

In the case of subparagraph (c), the time limit may be extended if the contractor shows that the delay in the initiation of the works has occurred due to inevitable causes and offers to fulfil its commitment. In the event that the granting of such an extension is not appropriate, or that the contract was granted by the contractor did not start the work within the new time limit, the contract shall be terminated with a loss of bail.

Art. 51. - Solve the termination of the contract, except in the case provided for in subparagraph (c) of the previous article, it shall have the following consequences:

(a) The contractor shall be liable for the damages incurred by the administration due to the new contract to be concluded for the continuation of the works, or for the execution of the works directly;

(b) The administration shall, if it deems it appropriate and prior to conventional valuation, without increase of any kind, the equipment and materials necessary for the continuation of the work;

(c) Credits resulting from the materials that the administration receives, in the case of the preceding paragraph, for the liquidation of parts of completed works or unfinished works that are of receipt, and by relief funds, shall be retained as a result of the final settlement of the work;

(d) In no case shall the contractor be entitled to the benefit that is obtained in the continuation of the works with respect to the prices of the contract terminated;

(e) Without prejudice to the penalties provided for in this Act, the contractor who is covered by subparagraph (a) of the preceding article shall also lose the bond.

Art. 52 - In the event that the contract was terminated by the contractor ' s fault, the administration decided to change the project that served as the basis for the procurement, the termination shall only determine the loss of the bond, and the work carried out to date on the termination of the same. Art. 53. - E1 contractor shall be entitled to terminate the contract in the following cases:

(a) When the modifications mentioned in Article 30 or the errors referred to in Article 37 alter the total value of the contracted works, by 20% in more or less;

(b) When the public administration suspends the execution of the works for more than three months;

(c) When the contractor is obliged to suspend the works for more than three months, or to reduce the expected pace of more than 50 per cent during the same period, as a result of the lack of compliance by the administration on the part of the delivery of the items or materials to which it was committed;

(d) In case of fortuitous and/or force majeure that prevents the fulfilment of the emerging obligations of the contract;

(e) When the administration does not deliver the land or perform the replantation of the work within the time limit set in the special folds plus a tolerance of thirty days.

Art. 54. - The termination of the contract by virtue of the grounds provided for in the preceding article shall have the following consequences:

(a) Liquidation in favour of the contractor, subject to a valuation of common agreement with the contractor on the basis of the prices, costs and contractual values, of the amount of equipment, tools, facilities, utilities and other materials necessary for the works that the contractor does not wish to retain;

(b) Liquidation in favour of the contractor of the amount of the materials collected and the contracted, on travel or in preparation, which are of receipt;

(c) Transfer, without loss to the contractor, of contracts entered into by the contractor for the execution of the works;

(d) If there are works performed, the contractor shall require the immediate provisional receipt of the same, and the final receipt must be made after the expiry of the warranty period;

(e) Liquidation in favour of the contractor of unproductive costs that it may prove to have resulted from termination of the contract;

(f) An amount of compensation or benefit that could have been obtained from unexecuted works shall not be paid in favour of the contractor.

In the case of article 53 (d), subparagraph (e) of this article shall not apply.

CHAPTER IX

Administrative litigation

Art. 55 - All matters arising from the application and interpretation of public works contracts should be discussed before administrative jurisdiction, expressly waiving contractors to all other jurisdictions.

The requirement of this article shall be voluntary for the contractor until the law governing the administrative proceedings is passed. In the event of the submission of the contractor to the present case, an arbitral tribunal may agree with the administrative authority to decide in one instance.

Art. 56 - Except for the substance provided by article 49 of the accounting law to hire any provision for national public works. Art. 57. - Default of Law 775 and any other legal provision that is contrary to this Law, except Law 12.737 for military constructions. Art. 58. - Contact the Executive.

Given in the meeting room of the Argentine Congress in Buenos Aires, 29 September 1947.

J. HORTENSIO QUIJANO. - Alberto H. Reales. Secretary of the Senate. - I'm sorry. -L. Zavalla Carbol. - Secretary of the DD C.