PROVISIONS FOR CONCURRENTES TO ARTWORKS MINISTERY OF PUBLIC WORKS Decree No. 7.928/1949 Bs. As. 31/3/49.
I look at these Nros Expediente. 466 21.486, 27.502 and 75.004/1948, of the Ministry of Public Works, related to consultations and disadvantages arising in connection with the application of articles 14 and 21 of the Law No. 13.064, in connection with the obligation of the firms concurrent to the public tenders of works, to deposit to the order of the competent authority in respect of 1 % of the amount of the official budget, at the time of making the proposals, and 5 %
CONSIDERING:
That while art. 14 of the Act requires the deposit equivalent to 1 % in cash, or in national titles or bonds, art. 21 also admits, as an alternative, the bank bond for the amount equivalent to 5 % of the contract value of the works;
That such a duality of criterion suggests a legal incoherence for the same purpose, especially if it is noted that such a bond is admitted by the Reference Law to cover the highest percentage required;
That nothing hinders the unification of such norms, extending the provision referred to in article 21. to article 14. by analogy, since their harmonization would save the inconveniences that have arisen, without altering the purpose of the legal concept;
That, therefore, and without prejudice to being able to give timely account to the H. Congress, it is appropriate to arbitrate all those measures that tend to ensure the highest level of attendance at public tenders and, as a result, the maximum possible competence;
and Taking into account the information produced by the General Directorate of Accounting and Comptroller of Public Work, the favourable opinion of the Accounting General of the Nation to fs. 21 and issued by the Legal Counsel of the Ministry of Public Works to fs. 2 and the proposal of the Minister of that Department;
The President of the Argentine Nation in Agreement of Ministers Decrete: Article 1 — Let it be established that the concurrents to the tenders, which must accompany the document in which the previous deposit required by art. 14 of Act No. 13,064, may opt for the filing of the bank bond admitted by art. 21 of the Law. Art. 2° — Contact, post, give to the General Directorate of the National Register and return to the Ministry of Public Works.
PERON
Juan Pistarini. — Angel G. Borlenghi. — Juan A. Bramuglia. - Ramon A. Cereijo. — Belisario Gache Piran. - Enrique B. García. - Carlos A. Emery. - José M. Freire. - José C. Barro. - César R. Ojeda. - Ramon Carrillo. - Oscar Ivanissevich. - Humberto Sosa Molina. - Roberto A. Ares. - Alfredo Gómez Morales. — Oscar L. Nicolini. - Roman A. Up.
