LAW OF CONTABILITY
Regulation of State Contracts.Modifícase. DECRETO N° 5720/72 Bs. As., 28/08/72 B.O.: 31/08/72
I saw the blast. No. 50.825/64 and Nros aggregates. 317912/66 and 50.699/70 of the registration of the former Treasury State Secretariat, concerning the modification of the regulation of chapter VI of the accounting law, and
That the proposed amendments respond to the need for better ordering and clarifying the stages to be fulfilled in the relations established on the basis of the contracts to which the State is a party, incorporating the progress advised by the experience, in order to promote the concurrence of the largest number of offenders and, in parallel, to contemplate the minimum security required in respect of the fulfilment of the commitments contracted by offenders and adjudicators, any single regulation
That such a task is developed on the basis of the regime established by Decree No. 6900/63, on the analysis of the preliminary draft and conclusions produced by the Court of National Accounts, of Dictamenes de la Procuración del Tesoro de la Nación, de la Jurisprudencia y Doctrina en la materia y del estudio Compara de normas vigente para empresas del Estado, Fuerzas Armadas y diversas provincias;
That, in addition, the collaboration provided by the outstanding representatives, for this purpose by the Argentine Union of State Providers (U.A.P.E).
That, therefore, with the uniformity persecuted, it is incumbent upon all the agencies of the national administration to adopt the rules of interpretation which, concerning the matter, dictates the Court of Accounts of the Nation, in the use of the powers conferred upon it under article 84, inc. o, of the Accounting Act;
That the proposed provisions cover points 126 and 127 of the national policies approved by Decree No. 46/70;
Accordingly, in accordance with article 61 of the Accounting Act,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 - Approve the body of accompanying provisions, which constitutes the regulation of State contracts, as the regulation of chapter VI of the accounting law. Art. 2° - Official banks, decentralized entities and State enterprises shall conform their respective contract regimes to the rules of procedure adopted by this decree, as soon as their provisions are not inconsistent with those of the respective statutes or organic laws. Such agencies should update their recruitment regime within 180 (eighty) days of the issuance of the present decree, with prior opinion of the Court of Accounts of the Nation, which will also be consulted on subsequent amendments deemed relevant.
After the deadline set without such regimes having been adjusted in the manner set out in the preceding paragraph, the requirements of the rules of procedure approved by this decree shall be governed equally by those agencies which do not have a special regulation.Art. 3° - Contracts for supplies of materials or services for National Public Works shall be in accordance with the provisions of the regulations adopted by this decree by the competent authority in accordance with the rules contained in the legislation in force on the matter or in default. Art. 4° - The rules of interpretation established by the Court of Accounts of the Nation, as a competent body for that purpose, in respect of the provisions of the rules of procedure of the contracts of the State, shall be mandatory for all agencies of the National Administration. Art. 5° - From the date indicated in the following article, please specify the expiration of all the exception regimes issued for the acquisition of certain items, without prejudice to the authorization given to the Ministry of Finance and Finance to provide for the maintenance of their validity, to subsist the grounds that gave them origin. Art. 6° - The provisions of the rules of procedure to be adopted shall apply for recruitments beginning on 1 September 1972 in which the dec will be terminated. 6900/63 and its amendments as well as the decrees Nros. 5261/64 , 8059/65 , 1376/66 , 3005/66 and 5754/69 . Art. 7° - Communicate, publish, give to the National Directorate of Official Registration and prior intervention of the Court of Accounts of the Nation, archívese. - Lanusse. Cayetaño A. Licciardo. CHAPTER VI
Art. 55. - Regulation. - For the purpose of determining the procedure for recruitment, the total amount of awards, including the proposed extension options, shall be considered.Private litigation
Art. 56.- Regulation.- 1). The tender procedure followed in accordance with the estimate referred to in paragraph 1 of the Act shall be valid when the amount of the award does not exceed 20 per cent of the maximum amount set out in that provision.Sales
(2). The authorization indicated by inc. 2°) of the law shall be necessary whatever procedure is adopted for sale, except in the case of property declared in disuse or in a condition of lagging.Minor purchases
(3). Contracts that do not exceed the limit set forth in section 3 (a) of the Act shall be excluded from the provisions of these Regulations.Real estate purchases
(4). The acquisition of property will require the valuation of the Tax Court. This fairness will determine the maximum value to offer in the auction or to pay in the purchase.
Such maximum value may only be exceeded when the location and characteristics of the property or imposterable needs of the service advise to pay a higher price, circumstances which must be justified extensively by the competent authority.
Failure to comply with these requirements will result in the nullity of the resolutions adopted.
Proceedings arising from the application of the preceding paragraphs shall be strictly reserved, under the personal responsibility of the actors involved.Purchase of property abroad
(5) For the acquisition of property located abroad will be added to the respective proceedings, as an element of judgement or appreciation of the offer, the background that justify the required price.Basics of direct recruitment
6). The reasons for direct contracting in subparagraph 3 (b), (c), (g), (h), (l) and (m) of the law shall be based on the competent authority which invokes them,Licitations without admissible offers
7). For recruitments authorized by section 3 (e) of the Act, the same bases and clauses of the call that failed should be governed.Scientific, technical and artistic works
8). In the direct contracting authorized by inc. 3°, subparagraph (f) of the law, the need for specialization and the background that demonstrate the notorious scientific, technical or artistic capacity of companies, individuals or artists or who are entrusted with the execution of the work or work shall be well documented.
Such contracting, which shall be in accordance with the provisions of these rules, shall establish the sole and proper responsibility of the hirer, who shall act inexcusably without relation to the State.Mark. Exclusiveness
9). The brand does not constitute an exclusive cause, unless there are no suitable substitutes.
In all cases, the determination that there are no suitable substitutes should be based on the relevant technical reports.
Direct contracting with an exclusive manufacturer will only correspond when it documents that it has reserved the privilege of selling the item it produces.Contracts between state bodies
10). The direct contracting of inc. 3 (i) of the Act is only those that may be carried out by national agencies between themselves or with provincial or municipal bodies, as well as with the societies in whose administration or capital the State has majority participation.Sales
(11) For direct sales referred to in section 3 (k) of the law, the superior authority of each ministry, Command in Chief of the Armed Forces, secretariats of the Presidency of the Nation and decentralized entity, set prices or determine the manner in which they will be established and the conditions in which they will be made.Repairs of vehicles or motors.
(12) The exception provided for in section 3(1) of the Act shall only proceed when the total or partial disarmament of the vehicle or engine is indispensable to determine the necessary repairs.Competence of approval
Article 57. - Regulation. - The competence to approve the articles. 57 to 60 of the law shall be determined by the largest amount resulting from the whole of the award by signature.
Article 58 and 59. - Regulation independently by jurisdiction.Competition delegation
Article 60. - Regulation. - Where the authorities of the decentralized entities are competent to authorize and approve their contracts, they may delegate such powers within the limits provided for in article 58 of the Act or even a larger amount when it is provided for by the relevant special law. In the other cases, that delegation would be determined by the Executive Branch.
Rule 61. - Regulation.
REGISTER OF PROVEEDS OF THE CENTRALIZATION STATEHow to carry the Supplier Registry
Subparagraph 1). - The National Account shall be responsible for the Register of State Providers.
Without prejudice to other requirements and modalities, it will conform to the following fundamental rules:
(a) It will carry an individual lizard of each authorized firm, accumulating all backgrounds related to your order for registration, solvency, breach of contracts, sanctions and other interest data;
(b) You will assign the order number assigned to each registered provider.Registration requirements
Subparagraph 2) - For registration in the State Suppliers Register it will be required:
(a) To have the capacity to compel;
(b) To comply with the provisions of the Trade Code in articles 33 and 34;
(c) To have a trade house or factory established in the country, with authorization or patent to enable it to trade in the lines in which it operates or to be a producer, importer or authorized representative of signatures established abroad;
(d) Provide reports or references that were required.Exceptions
Inc. 3).- They shall be admitted without the requirements of the Trade Code mentioned in the preceding paragraph:
(a) Traders who commonly do not meet such requirements by the characteristics of their trade;
(b) The artisans or workers;
(c) Formation companies within 6 months from the date of registration. This period may be extended for a further 6 months, if the case is justified in the opinion of the General Account of the Nation.Prohibitions
Inc. 4).- They may not register for the Registry of State Providers:
(a) Corporations and individual members; components and/or members of the board, as appropriate, which are sanctioned in accordance with paragraphs 18 and 19, as well as spouses of the sanctioned, regardless of the nature in which they intend to register;
(b) Successors of signatures that are sanctioned when there are sufficient indications, due to their gravity, accuracy and concordance to presume that a simulation is in the case, in order to avoid the effects of the sanctions imposed on the predecessors;
(c) Corridors, commissioners, and generally intermediaries;
(d) The agents of the State and the signatures integrated in whole or in part by them;
(e) Companies in the state of call of creditors, bankruptcy or liquidation;
(f) Inhibited and civilly contested;
(g) Representatives to personal signature title established in the country;
(h) The convicted in criminal case. However, the General Account of the Nation may agree on the registration if, by virtue of the nature of the facts, the circumstances in which they were committed or the time elapsed, the conviction is not incompatible with the status of supplier of the State;
(i) Morous debtors of the Fisco, declared by competent authority.Registration requirements
Inc. 5).- For registration in the Registry of State Suppliers, the interested parties shall submit a request to the General Account of the Nation. Those who occasionally interposed with other organisms will immediately turn to the aforementioned division.
The National Accounts shall determine the requirements to be met by signatures wishing to register, having the authority to inspect premises and to require any reports it deems necessary to verify the accuracy of the data provided.
It is also empowered to perform subsequent inspections when it deems it appropriate and to apply for any registration-related background in order to verify whether the necessary conditions are maintained in respect of the registration, and may unsubscribe signatures that do not maintain the required requirements.Deadline for registration
Inc 6) - The National Account shall proceed to the registration of the signature within 30 (treinta) days of the application, provided that the request and the additional data required are in accordance, in which case it shall extend the certificates with the record that credits the registration.Appeal against refusal of registration
Inc. 7). - If the request is rejected, the corresponding resolution shall be communicated to the person concerned, who may deduct the appeal against him from the Ministry of Finance and Finance, through the National Account, within 15 days of the notification.
If, in the opinion of the Ministry of Finance and Finance, the evidence is not sufficient to issue a decision, it may order, on its own motion or at the request of the person concerned, the presentation of such evidence as it deems appropriate. Produced the test, the person concerned and the General Account of the Nation will be seen, for the term of 10 days, to present a memorial or to give new reasons for the admission of the appeal or its rejection.
The decision of the Ministry of Finance and Finance shall be final and shall be issued:
(a) If there was no need for more substance, within 30 days of appeal;
(b) If appropriate as provided for in the preceding paragraph, within 30 days of the completion of the proceedings.
In either case or in another case, if a decision is not issued within the specified term, the Account shall automatically register the applicant, on a provisional basis, until the date on which the latter is notified of the decision of the Ministry of Finance and Finance.Sanctions
Inc. 8).- Without prejudice to the corresponding contractual penalties, (mults, loss of warranty, etc.) shall apply to the offenders or adjudicators, as appropriate, the penalties of the notice, suspension or disqualification.Appreciation
Incisive. 9. - He will be punished with apprehension
(a) Anyone who resorts to incorrections that will not be able to constitute a malicious act;
(b) A person who, repeatedly and without a duly justified cause, ceases tenders or awards, or fails to comply with its contractual obligations. In this case, the General Account of the Nation may accumulate the inscription's faults, with a minimum of 2 (two) and a maximum of 6 (six), prior to the notice, according to background, of tenders, concept and other evidence available.Reiteration of violations
Subparagraph 10).- A penalty of up to 12 months ' suspension shall be that which is subject to notice within one year of an earlier notice.Suspension
Subparagraph 11).- It will be sanctioned with suspension of up to 3 years:
(a) If the suspension imposed by the application of the inc is fulfilled, 10 will be liable, within the end of 2 years, to a new notice;
(b) E1 that does not promptly comply with the claim to give effect to the guarantee or any other claim concerning its obligations, ordered by a firm decision of the competent authority.
The appeal against such an offence had no suspensive effect.Resettlement
Subparagraph 12). - It shall be sanctioned with suspension of 3 to 5 years which, following the suspension imposed by application of the inc. 11), incurs, within the term of 5 (five) years, in a further violation of those covered by the paragraph.Dolosian facts
Subparagraph 13). - It shall be sanctioned with suspension of 5 to 10 years, the person who commits malicious acts, understood by such all those of whom it manifests the intention of the offender or adjudicator to obtain the execution of an act or to be subtracted to the due fulfillment of its obligations, whether by assertion of what is false or dissimulation of the true is by the use of any artifice, cunning or machining.
The delivery of goods of quality or in quantities below the contracted ones will be considered by itself as a doll action even if it is necessary to carry out analyses to check the infringement, provided that there is a difference that could not have been inadvertent to the supplier of the necessary precautions.Disqualification
Subparagraph 14). - In addition to the suspension that may correspond to him, he shall be punished with disqualification in order to register for the Registry of State Suppliers, the offeror or adjudicator does not register, in accordance with the exceptions mentioned in paragraph 49) that incurs any of the offences with suspension. E1 lapso de la dishabilitación, de la que se toma nota en el Registro, will be equivalent to that of the respective suspension.Sanctions expansion
Subparagraph 15). In cases of new breaches committed in the performance of contracts other than the one that resulted in the sanction, during the period of the sanctions imposed, these may be extended to the maximum of 10 years.Prescription
Subparagraph 16) - No penalties may be imposed after the end of 5 years after the date of the offence.Procedure
Subparagraph 17). - In the proceedings initiated as a result of the denunciation of offences, the Office of the Attorney-General of the Nation, prior to its resolution, shall give a hearing to the persons concerned for the term of 10 days to make such disclaimers or clarifications as they deem relevant. If, as a result, there is a need to obtain any evidence, after such evidence is produced, the interested parties and the unit involved in the procurement shall be given further notice, for the term of 10 days, which shall be completed in the final resolution procedure.Scope of sanctions
Subparagraph 18). - The notices, suspensions and disqualifications in the Registry of State Providers shall reach the respective or individual signatures to their components and shall have effect only on acts after the date of the sanction.Effect of sanctions
Subparagraph 19) - The effects of the sanctions applied to anonymous companies or in comandita will only reach them and the members of the directory or the collective partners respectively.Limitations on the effects of sanctions
Subparagraph 20). - When suspended or disqualified members are part of other firms registered in the State Supplier Registry, the sanctions will not be met as components of the State.Communication of infringement
Subparagraph 21). - For the purposes of the application of the appropriate penalties, tendering agencies shall send to the National Accounts, the resolutions declaring the terminations of the contracts and shall communicate to it the dismissals of tenders or awards that have motivated the application of penalties provided for in the contracts.Implementation authority
Subparagraph 22). - Sanctions of notice, suspension and disqualification shall be applied by the General Account of the Nation with appeal to the Ministry of Finance and Finance within 15 days of receipt of the notification of the penalty.Payment of charges after the penalty
Subparagraph 23). - When a signature has been suspended for the case referred to in section 11 (b), and the charges are payable before the expiration of the term of sanction, the National Account, in accordance with the first circumstances of the case, may limit the measure to 3 (three) months after payment, unless the term of the penalty expires earlier.Background
Subparagraph 24). - Where the proceedings involving sanctions do not originate in the Account of the Nation, they shall be referred to it with all the background of the case.
RELATIONS BETWEENProvider reports
Subparagraph 25). - The National Accounting Authority is empowered to directly require the cooperation of all State agencies, including companies irrespective of their legal nature, for the purpose of obtaining reports related to the Register in its charge, with those obliged to provide them, except for legal provisions to the contrary.
It may also require information on the matter from the Argentine Union of State Providers (U.A.P.E.) and other related entities.Vendor Background
Subparagraph 26). - State agencies referred to in the preceding paragraph may require the General Accounts of the Nation any priors they may require concerning the registered signaturesAdvertising
Subparagraph 27). - Registrations in the Register of State Providers, as well as any modifications that occur, and the penalties applied shall be communicated by the National Account to the National Registry Office for publication, unless the Arbitrary National Account, for registration and subsequent modifications, a different means or system of advertising and notification.Other records
Subparagraph 28). - Regardless of the Register of State Providers, the General Account shall be responsible for the Register of State Agencies, including companies irrespective of their legal nature, which may make provisions or provide services to State agencies. In order to be included in the above-mentioned bodies, the relevant communication should be made to the State Account.Requirements for the registration of each agency
Subparagraph 29). - The tendering agencies may carry their own records or use the State Supplier Registry.
Recordings by tendering agencies should be limited to:
(a) Number of registrations in the State Suppliers Register;
(b) Number of registration of the agency;
(c) Name and address and characteristics of the registered firm;
(d) Rubbers it usually provides;
(e) Background, sanctions and solvency according to the report to be provided by the State Suppliers Register, not being able to require other requirements to suppliers, nor to reject the registration of signatures registered in the State Suppliers Register.
REQUIREMENTS TO BE CONTAINED BY THE INITIATION OF THE CONTRACTIONEngagement of requirements
Subparagraph 30). - The respective offices shall, at least upon commencement of all recruitment, meet the following requirements:
(a) Formulate the order in writing;
(b) Establish, for the purpose of the procurement, if the elements should be new, used or refurbished, quantity, species and quality, in accordance with the usual qualification terminology in the trade, adjusted as appropriate to I.R.A.M., Farmacopea Nacional Argentina, etc.;
(c) To base on the reasons that justify the request for goods or services that differ from the common ones or which means restricting the attendance of offenders;
(d) To estimate its cost according to the quotes of the square;
(e) Provide any other background that is deemed to be of interest to the best appreciation of the request.Shopping plans. Order time
Subparagraph 31). - The higher authorities of each agency shall establish, with due anticipation, their respective purchase plans and shall determine the time limits within which the orders of habitual contracts shall be raised, which shall be formulated only once for each period or in periods greater or less according to the nature of the allowance, marketing rules or situations of the place.Group
Subparagraph 32) - The respective recruitment offices of each agency shall order the purchases, in accordance with the orders made to it by the various user units of the goods requested, following the following basic rules:
(a) Orders for related lines or for the same commercial category shall be increased;
(b) They prepare the base sheets for each tender by determining the specifications and minimum quality of the items that are tendered, avoiding the detailed transcription of texts extracted from brochures, catalogues or information budgets. The verification that a tendering call would have made specifications or included clauses, the performance of which is only feasible for a particular person or entity, so that the call to favour particular situations will result in its immediate cancellation in the state of procedure in which it is located and the initiation, also immediately from the relevant summary to determine the responsible;
(c) In cases where a linen covers a significant number of units and in order to increase competition with the presentation of retailers or new industries, when making the list of items to be tendered, such linens may be broken into fewer units until the total order is complete, and the offerors may make offers by partial or total;
(d) It shall be presumed that there is a breakdown, of which staff members who have agreed to the respective authorizations shall be responsible, when recruitments of elements belonging to the same group shall be carried out within 3 months, without the prior documentation of the reasons justifying it. Except as determined in the preceding paragraph, procurement relating to perishable products;
(e) It may not be included in the same line, elements or equipment that do not configure an indivisible functional unit, for reasons of operation, adaptation, assembly, style and/or similar characteristics that require inclusion. Where the exception of the procurement is justified by the nature of the procurement, in the opinion of the higher authority of the tendering agency, the special requirements which must ineludibly be credited to the offerors may be included as an exception for consideration of their offers. These exceptions may refer to: technical capacity, guarantees of operation and service of elements that so require it or similar requirements, but may not be used for artificial selection of offenders.
GuaranteesClasses and amounts
Subparagraph 33 - To strengthen compliance with all its obligations, the proponents and the adjudicators shall constitute the following guarantees:
I - Of the offer:
(a) 1 per cent of the total value of the supply;
5 % of the total value of the offer in the cases of permits or concessions and sales by the State. In the case of listing with alternatives, the guarantee will be calculated on the highest value proposed.
II - From the award:
(a) 10% of the total value of the award.
III - Contract:
(a) For the equivalent of the amounts received by the awardee as an advance in those contracts in which the financing plans preview such deliveries.
When the quote is made in foreign currency, the amount of the warranty is calculated at the seller exchange rate at the end of the week prior to that of the warranty constitutionForms of guarantee
Subparagraph 34. - The guarantees to which the inc refers. 33 shall be constituted in any of these forms to the option of the offeror or awardee:
(a) In cash, by deposit at the Banco de la Nación Argentina, accompanying the relevant ballot in places where there is no branch of that institution, or for reasons of urgency or exception, it will be deposited in the tendering unit;
(b) In a certified check, against a bank entity, preferring the place where the bank tender or postal order is made. E1 agency shall deposit the check within the time limits for these operations;
(c) In securities, strengthened to its nominal value, of the national public debt, Treasury bonds issued by the national State or any other similar national, provincial or municipal value, provided that the latter two are officially coticed in the Buenos Aires Trade Exchange. In the event of the performance of the values referred to in this section, the costs incurred and the resulting difference shall be incurred if they are liquidated under the pair. E1 eventual surplus shall be subject to the provisions of the incs. 39 and 40;
(d) With bank or other bond, it is to the satisfaction of the tendering agency, the fiador is constituted, where appropriate, as a solidary, smooth and flat debtor and principal payer with renunciation of the profits of division and exclusion in the terms of art. 2013 Civil Code;
(e) By affecting the receivables that the proponent or adjudicator has liquidated and by charging in agencies of the national administration, for which purpose the person concerned shall submit the relevant certification at the date of the creation of the guarantee;
(f) With captive insurance, through posters approved by the National Insurance Superintendency, whose clauses do not oppose the provisions of these regulations, which will be extended in favour of the tendering unit;
(g) When the amount of the guarantee does not exceed the sum of $ 2000, with you pay in sight subscribed by those who have the use of the social reason or act with sufficient powers. All guarantees shall be without end of validity and shall guarantee the faithful fulfilment of their obligations.Independence with guarantees
Subparagraph 35) - The guarantees referred to in paragraph 33 shall be constituted independently for each procurement.Deposit of award guarantee
Subparagraph 36) - The award guarantee shall be covered by the awardee to the order of the tendering agency in accordance with the provisions of the inc. 116.Exceptions
Subparagraph 37) - It will not be necessary to constitute the guarantee of 1% of the offer according to point I, depart. a), of inc 33, to the presentation of it.
In addition, it will not be necessary to constitute the guarantee of 10% of the award, in the following cases:
(a) When the amount of the contract does not exceed the limit set out in art. 3, depart. a. 56 of the accounting law;
(b) In hiring artists or professionals ;
(c) In the procurement of advertising notices, the acquisition of publications and property and the location thereof when the State acts as a locator;
(d) In inter-agency contracts of the State, including companies, regardless of their legal nature.
Notwithstanding the provisions of the preceding paragraphs, all of the offerors and awardees undertake the obligation to enforce the amounts of the guarantees to the mere requirement of the tendering unit, in the event of a decision of the Administration which so provides, without any claim being made but after the payment is made.
Types and forms of warranty for State sales, concessions or permits
Subparagraph 38) - The exceptions provided for in the paragraph above, as well as the use of the payment authorized by the inc. 34, they do not govern for signatures not registered in the Registry of State Suppliers, nor for sales, permits or concessions even for registered firms, unless they are exempt from making profits or strengthening them according to the limits and conditions established by the inc. 41.
As a result, these cases should constitute guarantees of tenders and awards, but only in the forms provided for in departs (a), (b), (c), (d) (e) and (f) of such inc 34.Return of guarantees
Subparagraph 39) - They will be returned from office:
(a) The supply guarantees, if any, to those who are not awarded, once the award is decided;
(b) The award guarantees, once the contract has been completed.
At the request of the interested parties and except for the case of the unenforced payment, the partial return of the award guarantees shall be made in proportion to that already fulfilled, which is accepted to replace the guarantee to cover the resulting values.
In cases where, after notification, the offenders or adjudicators do not withdraw the guarantees may claim their return within one year of the date of the notification.
The lack of submission within the time limit specified by the holder of the right shall entail the tacit waiver of the right in favour of the State and shall be accepted by the competent authority when ordering the property income of what constitutes the guarantee.
When the guarantee has been made through payment, it will be destroyed at the end of that period.Increased values
Subparagraph 40) - E1 State shall not pay any interest in the deposits of securities granted in security, whereas those accruing shall belong to their depositors.Exception to present guarantees
Subparagraph 41) - Signatures inscribed in the Register of State Providers with an antiquity in the same period of 3 years that have successfully fulfilled the commitments made with state agencies, may request the National Account to be exempted from the obligation to present the award guarantee up to a maximum of $15,000 and to strengthen the awards to the sum of $30,000.
These amounts may not represent a greater percentage of 5 and 10%, respectively, of the social capital of the beneficiary firm
The applicant, in the request, shall indicate the agencies of which he or she has been a supplier, bank references and any other information required to him or her.
The National Account shall proceed to the study of the history presented, taking into account, in addition, all those who obey in their power related to the previous performance of the applicant and, if it is advisable, shall grant the franchise.
To that end, a certificate will be awarded for each particular case, that is, without accumulation, and that will be valid throughout the term of the contract, even if the exemption expires before.Caduced
Subparagraph 42. - The exemption will expire:
(a) At 5 years of the date and its granting, it can be renewed for equal periods by the resolution of the General Account of the Nation;
(b) Automatically, in the case of descent or of applying to the signature the suspension penalty of the State Suppliers Registry, without affecting the current contracts.Advertising
Subparagraph 43. - E1 award and cancellation of exemption will be published in the Official Gazette.
Standards relating to recruitment.
Subparagraph 44. Contracts shall be governed by the provisions of these rules and by those contained in the respective particular clauses. The tendering agencies shall establish the particular clauses corresponding to the benefit to be contracted, and may not include in them requirements other than those specified in these rules.Individual clauses
Subparagraph 45. - The particular clauses should indicate the essential requirements of recruitment and, in particular:Opening
(a) Place, day and time where offers will be presented and opened;
(b) Period of maintenance of the same, when different from that determined in the inc. 61, which must be justified and duly substantiated in the respective proceedings;
Exhibition of pre - awards and term to challenge
(c) Place in which the pre-adjudication announcements referred to inc. 78 will be displayed and the term for challenge under the paragraph. 1 inc. 79;Place and delivery and reception
(d) Place and form of delivery and receipt of the award, preferably establishing that the delivery will take place at the duty station, running the freight and downloading on behalf of the awardee. Where circumstances make it necessary or appropriate, it may be envisaged:
1. That the stowage in the deposits indicated by the tendering unit of the items awarded is by the offeror.
2. Acceptance of offers on carriage or other means of transport.
3. Freight and download by the tendering agency.
4. If the containers will be returned and at what time.
5. In case the elements require installation, if it must be made by the offeror.
In the event that the particular clauses do not set the place of delivery, it is understood that it is at the opening of the tender;
(e) The maximum delivery time, which shall be fixed by the offeror and shall not be more than 180 days, except for cases of exception that by nature of the element to provide, manufacture and/or import, quantity, etc., may require a greater time, except that the offerer shall justify in his proposal.
Where for reasons of necessity or exceptional, the unit needs to fix it, which must be based on the respective actions, it is avoided provided that the fixing of this period can mean an artificial restriction of the offers.
Where instead of places of delivery, which must also be based on the respective proceedings, the tendering agency shall have to establish such delivery, in parallel it shall establish the time limit or date on which it shall release the corresponding purchase order, understanding that if this is not delivered on the specified date, the days of delay in its delivery shall be added as an automatic extension to the date of delivery previously established, acting on the reverse in the event that the delivery of the order is made. In the event that the tendering unit did not set the date of delivery of the order, the offender may set the time limit or date to which he accepted it, on the understanding that if it is not set in this case he accepts the order at the time he receives it.
Failure to set deadlines for delivery by any party shall mean that compliance must be operated within a time limit equal to the maintenance of the supply;Conformity prior to delivery
(f) If the agreement of the tendering unit shall be required prior to delivery;Partial deliveries
(g) Lapsos where partial deliveries and quantities to be supplied in each of them may be obtained, where delivery is required subject to the request of the tender pendence;Opening time document credit
(h) Maximum time when the tendering unit will make the opening of the respective documentary credit, if this form of payment is foreseen for the contracting of items to be imported. If the tendering unit is not established, the offender may do so and shall not be less than 60 days;Final reception time
(i) Final reception time if this is different from that established in the inc. 102. The modification of the final receipt period shall be duly justified and shall respond to requirements that may create the nature of the elements to receive, special analysis, large quantities, or other similar circumstances;Prior approval of samples
(j) If a sample of the award must be submitted for approval and prior to delivery. In these cases, the offeror and the tendering agency, respectively, shall set the deadlines for submission and approval thereof;Fresh vegetables
(k) In the acquisition of fresh foods, it may be foreseen, in the particular clauses, that the price of the provision shall be that for each of the items set at a maximum or a half price, as appropriate, the competent entity in the retail abattoirs established. For the award, it will be considered the offer to establish a higher percentage of discount on the prices set in accordance with this section;Value of folds
1) E1 value assigned to the bases and specifications, when they include planes, diagrams, specifications, etc.
Such value will be determined according to the cost divided by the amount of folds that it intends to sell.
SpecificationsCharacteristics and tolerances
Subparagraph 46 - Specifications for tendered items shall be accurate and unmistakable
(a) The essential minimum characteristics and qualities of the benefit, whatever its nature, in accordance with the standards set out in inc. 30, apart. b) and inc. 32;
(b) Tolerances will be, in principle, the maximums compatible with the functional needs and nature and characteristics of the tendered article, which are common in terms of the mode of marketing or manufacturing of the same. The non-acceptance of tolerances when scientific or technical reasons - which should be included in the proceedings that give rise to the request for prices - exclude their possibility, shall be included in the particular clauses.Samples
Subparagraph 47. - Without prejudice to the fact that in all cases compliance with the provisions of inc 46, when the determination of certain characteristics of the required element is difficult, they may be referred to those of a pattern sample, with the tendering agency.
Where it is not possible to display a pattern sample, the presentation of samples by the offeror may be required in the particular clauses. Being the specifications of the offer the fundamental and the samples the accessory, the non-presentation of these is not. causal of rejection of the offer when it conforms to the requirements.
E1 offerer may, to better illustrate your proposal, present samples but may not replace these specifications.Brand demand
Subparagraph 48. - Unless there are well-founded scientific or technical reasons, a particular brand should not be requested, it is understood that if a trademark or type is mentioned, it is only for the purpose of pointing out the general characteristics of the requested object, without implying that the proponent cannot offer similar items from other brands, but specifically specifying what it offers.
For the repair of equipment, machines or motors, parts called legitimate can be requested.
Concurrence to the LitigationsExceptions to the State Suppliers Registry.
Subparagraph 49.- Except for cases of exception provided for in this paragraph, only tenders submitted by signatures that credit their registration in the State Suppliers Register shall be considered. Offers submitted by:
Circumstantial owners of a merchandise when it comes to persons who do not normally sell it;
(b) Artists and professionals;
(e) Providers in State permits and concessions;
(d) Carriers and distributors of correspondence and postal orders;
(e) Posters in public auction or offerers in sales of state goods.
(f) Locators and real estate owners;
(g) Foreign firms without branches or representation in the country, when presented in international tenders;
(h) Subscriptions of journals, journals and specialized publications
(i) Offerers based up to a distance of 50 km from the headquarters of the tendering agency, suppliers inscribed in the relevant area where there is no tender within the same radius, this circumstance that the agency will justify with the records existing in the State Suppliers Guide. In addition, tenders from non-registered suppliers shall be accepted at any distance, in the new bids, where the first one has not listed suppliers registered in the tender or their tenders have been rejected for considering them inconvenience or inadmissible. Pro speakers who have the application for registration may make tenders, which will be of consideration if the result of the inspection carried out by the National Account and the references are satisfactory in the opinion of the contracting agency.Form of submission of tenders
Subparagraph 50. - The proposals will be drafted in the national language, in forms of the offerer, by duplicate or in the amount of additional copies that establish the particular clauses, presented in the official provided by the tendering agency or common book, or with the offerer's letter, indistinctly, or in box or package d are bulky, perfectly closed. They will be admitted until the day and time set for the opening of the event and will contain, on its deck, the indication of the corresponding recruitment, the day and hour of opening. The offers must be signed in all their fojas, by the offeror or his authorized representative.
Amendments and scraps in essential parts of the proposal shall be duly saved by the offender. Each offer must accompany the record of the creation of the guarantee and/or presentation of samples when applicable.Effects of supply presentation
Subparagraph 51. The presentation of offers means, on the part of the offeror, the full knowledge and acceptance of the clauses that govern the call to bid, except express expression in contrast, so it is not necessary to return the sheets of bases or specifications, signed or not.Supply form
Subparagraph 52 - E1 propose you may make an offer at all or part of the request. It may also do so on the sidelines, but only when the particular clauses admit it.
As an alternative, after having quoted in line, you can offer for the total of the already proposed effects or groups of rows, on the basis of your membership award For the purpose of determining the most convenient offer, it will be appropriate to make the comparison of the global or partial proposal by group of lines, with the sum of lower total prices to be awarded, in the same relationship of lines. Discounts offered by total or partial award should be taken into account for the purpose of price comparison.Offer requirements
Subparagraph 53. The offer will specify:
(a) E1 unit price and certain, in numbers, with reference to the unit requested or its equivalent, if this is not expressly prohibited in the particular clauses determined in the currency of quotation, and the general total of the proposal, based on the alternative of greater value, expressed in letters and numbers;
(b) Net and non-container quote and packing costs, unless the particular clauses provide otherwise. If the product has special packaging and the same should be returned, the respective freight and cartage, back and forth, from the same place and by the same means of shipping to be used for the return, shall be in the account of the offeror that in these cases must specify separately from the product, the value of each container and, in addition, to stipulate the return period of the same, the tendering agency has not established it in the particular clauses. In the absence of the return of the containers within the time limits established by one party or another, the offeror may invoice them and initiate the payment process of the same at the prices stated in the offer, leaving this procedure without effect, if the return occurs in the Interin;
(c) E1 origin of the listed product. If not indicated, it is understood, in principle, that it is of national productionProduct quotes to import
Subparagraph 54. - Commodities to import shall be made under the following conditions
(a) In foreign currency, where such provision had been made in the particular clauses, corresponding to the country of origin of the article offered or other usual in the import trade;
(b) Failure to stipulate otherwise shall be established on condition F. O. B. port of origin;
(c) They shall always conform to the provisions of the relevant authorities, Central Bank, Ministry of Finance and Finance, etc.;
(d) The delivery time, unless otherwise agreed, shall be fulfilled when the tendering agency receives shipping documentation;
(e) When the goods purchased must be delivered and the items to be installed and received in operation, the offeror shall specify separately the deadlines for fulfilling this last obligation. To this end, the same will begin to be computed from the communication, by the procuring agency, of the arrival of the goods to their final destination. In such a case, the application of a fine for a default shall be stipulated in the performance of this obligation, equivalent to 1 per cent per week or a fraction greater than 3 days. This mora shall be produced automatically and without any prior intimation;
(f) The rules of international trade, in particular the usual ones established and accepted by our country with that of origin of the goods offered;
(g) Insurance, in such cases, which may be specified as a C.I.F. condition for quotations, shall always be quoted in national currency and separately from the value of the goods;
(h) The management for the purpose of obtaining the release of surcharges, customs duties and other levies corresponding to the assigned element shall be carried out by the tendering agency and shall be processed and obtained always before the opening of the letter of credit, it being understood that if it could not be released by legal provisions in force, the contract may be terminated without liability, except those determined by the inc. 88.Gold value and currency other than the quoted
Subparagraph 55. Payment in gold or gold, or in currency other than that quoted, may not be stipulated. National currency contributions may not, in any case, refer to the eventual fluctuation of their value.Price invariability
Subparagraph 56.- Prices corresponding to the award shall, as a rule, be invariable. However, when extraordinary or unforeseen causes change the contract economy, it may, by agreement of parties:
(a) Acknowledge cost variations to the extent that unforeseen causal factors affect them;
(b) To terminate the contract without penalties.
Completion to consider the timelines in which price variations can be recognized
Subparagraph 57.- E1 recognition provided for in the preceding subparagraph may only compute the price variations produced during the period between the date of award of the tender and the date fixed for the performance of the contract, without considering the extensions agreed upon by the inc. 91
Subparagraph 58. - In the cases referred to inc. 47, the sample of offers may be submitted until the time fixed for the initiation of the opening act at the place indicating the particular clauses.Delivery
Subparagraph 59. - In the event that the samples were not added to the proposal, the recruitment to which they correspond and the day and time established for the opening of the offers to which they are intended will be indicated in a visible part. Receipt shall be granted of the samples delivered in person, on record, in the proceedings, of which they are received through another channel, and must be all obligatoryly precincted by the tendering agency at the time of receipt, in order to ensure that the offer is not identified when it is to be analysed or, where appropriate, to be used As a witness.Withdrawal or billing
Subparagraph 60.- The samples accompanying the offers will be made available to the proponents for their withdrawal until one month after the submission made by the tendering agency that they are at the disposal of the offeror, becoming the property of the state, without charge, those that were not withdrawn in this period. The holding unit of the samples is empowered to resolve its use, sale or destruction, if in the latter case, they do not have any application.
When the samples are "without charge" the Offerer will record it in the respective documentation. The samples for the awards shall be in the possession of the unit for verification of those provided by the awardees. Once the contract has been completed, they shall be made available to the awardee for the period of one month after the last acceptance agreement. Failure to withdraw within that period shall be observed in the procedure set out in the preceding paragraph.
Maintenance of offersMaintenance time
Subparagraph 61.- The proponents shall keep the offers for the term of 30 days from the date of the opening act, or the one fixed in the particular clauses, subject to justification in the respective proceedings if it were greater than that.
If the offender does not maintain the time limit set in accordance with the provisions of the preceding paragraph, it shall be the authority of the tendering agency to consider or not such offers as are appropriate to the interests of one State.
If a compliance period of less than 30 days is required, a maintenance period of more than 30 days may not be required.
A1 expiration of the deadlines set for the maintenance of bids, these will expire automatically.
If the respective tender shall be contested, as provided for in the inc. 79, the time limit for the maintenance of the proposals presented in the proposal shall be considered automatically extended within 5 days. Once the time period has not been awarded, the offer will expire, unless the proposal is extended.
Opening of the offersFormalities, authorities present
Incisive. 62.-In the place, day and time determined to hold the event, the proposals will be opened in the presence of the officials designated by the unit, of all those who wish to witness it and, in their option, of the fiscal accountant of the National Court of Accounts.
The offers presented will be displayed to attendees to 1 act upon request.
From the time set for the opening of the event, no other offers may be accepted under any circumstances, even if the opening act has not been initiated.
From the result obtained, the record shall be performed, which shall be absolutely objective and shall contain:
(a) Number of orders assigned to each offer;
(b) Amount of the offer;
(c) Name of the offeror and registration number in the State Supplier Registry;
(d) Amount and form of the warranty when the submission is due;
(e) Observations and/or challenges to the opening event
No offer may be dismissed at the opening ceremony
Those observed will be added to the file for analysis by the appropriate competent authority before being intended.
E1 minutes will be signed by 1st intervening staff and attendees who wish to do so.
The originals of the proposals shall be made by e1 official who presides over the act and by the competent prosecutor of the Court of Accounts of the Nation, in case of assistance
The duplicates of the offers will be available to those interested who wish to take note of the offers presented, who may take photographs, photocopies, notes, etc.Postergy
Subparagraph 63. - If the day marked for the opening of the proposals was not 1aborable, the event will take place the next working day, at the same time.Rejection of offers
Subparagraph 64. - The offer will be dismissed:
(a) That they are not signed by the offerer,
(b) To be written with common pencil;
(c) That they lack the required guarantee, where appropriate;
(d) To be formulated by signatures not authorized by the Registry of State Suppliers with the exceptions of inc. 49;
(e) That, instead of specifications, in their offer they are referred to samples presented or not for the tender, in replacement of the specifications;
(f) Have scraps or amendments in the fundamental parts: "price", "cantities", "maintenance period", "delivery period" or another one that makes the essence of the contract, and have not been properly saved.Defect shape
Subparagraph 65. - Offers containing defects in form, such as a lack of unit price or totalization of proposals or other imperfections that do not prevent their exact comparison with the others presented, will not be dismissed.
Nor shall the tenders that require a minimum amount of award be dismissed in accordance with the provisions of inc. 84, subparagraph (e).Error in warranty amount
Inc. 66. - Offers will not be rejected when, by mistake, the warranty presented out of a less than the corresponding amount, not exceeding the error by 20% of the correct amount,
When making the study of the offers, the error noted in the preceding paragraph shall be considered, the offender shall be encouraged to cover the difference within 3 days of the notice of applying the penalties established in the inc. 115.Offers that deviate from the basis of tendering
Subparagraph 67. - Offers containing clauses in contrast to tenders shall not be considered.Quotation errors
Subparagraph 68. - If the total quoted for each line does not respond to the unit price, it will be taken as a price quoted.Other contributions errors
Subparagraph 69. - In the event of obvious error, duly checked in the sole opinion of the tendering unit, it shall be dismissed:
(a) The offer: without penalty if the error is denounced or warned before the award;
(b) The award with the loss of 2 % of the value awarded if the error is reported or warned after 1st award.
In the latter case the denunciation of the error must be made by the adjudicator within 5 days of receiving the award. Selling this deadline will lose all rights.
Study of offers. PreadjudicationComparative table
Subparagraph 70. - For the review of the proposals submitted, a comparative price table will be made.
Comparison of prices on foreign exchange quoted offers
Subparagraph 71. - For the price comparison, according to the inc. 54, will be quoted in foreign currency, the prices quoted to the seller exchange rate will be calculated at the end of the day prior to the opening of the offers.
Where, in accordance with the preceding paragraph, the amount obtained shall be added to the appropriate measure, the amount of the freight, insurance, tax and other obligatory expenses as if they were to be delivered at the place of receipt, excluding 1st levies from the fact that the elements offered were released in force, or if they were to be delivered at the place of receipt.
The same procedure will be followed in cases where, according to inc. 45, subparagraph (d), tenders are made with freight, cartage, discharge and/or stiba on State account.Preadjudication Commission
Subparagraph 72. - Each unit with the authority to hire shall operate a pre-adjudication commission consisting of at least 3 members, whose form of action shall be determined by the respective jurisdictional authority
If the interests of the unit were to be agreed, similar commissions could also operate in the tendering units within the country.
In the case of contributions for which expertise is required, such a commission shall be composed of a technician of the respective unit Failure to do so, the commission may request competent State or private bodies to report as necessary.Deals
Subparagraph 73 - In the case of equal prices, pre-adjudication shall fall under the proposal that offers elements of national origin and of subsisting the tie shall fall under the proposal that offers elements of better quality if it arises from the characteristics specified in the offer and/or the samples presented. If the equality is maintained, the respective proponents will be requested to make an improvement in prices in writing and within 3 days. When the owner's address you gave more than 100 km, from the headquarters where the tender was opened, the term will extend to 8 days.
The new proposals which are submitted as a result shall be opened in the place, day and time established in the requirement, and the relevant record is opened.
The silence of the guest offender to unpack will be understood as not modifying his offer by proceeding accordingly.
If the tie persists, because the price change is not achieved or because the price is repaid, preference will be given to pre-adjudication to the proposal that originally agreed to a discount for payment within the time limit set in the inc. 110.
If the tie is maintained, the public draw of the packaged offers will be taken.
Price improvement will not be requested and the procedure set out in paragraphs 4 and 5 will be followed when the steep line does not exceed the amount established by art. 56, inc. 3 (a) of the law.
The draws will be made by the commission of pre-adjudications in the presence of the interested parties, with the relevant record being opened.Single offer
Subparagraph 74. - Preadjudication may be done even if a single offer has been obtained.Discounts
Subparagraph 75. - Except in the case provided for in the inc. 73, paragraph 4, the discounts offered for payment within a specified period shall not be considered for the purposes of the comparison of offers, however, to be taken into account for payment if the cancellation of the invoices is made within the fixed term.Preadjudication
Subparagraph 76. - Preadjudication shall be subject to the proposal which is the lowest price except the exception set out in subparagraph (e) of the inc. 84.Partial awards
Subparagraph 77. - In any state of pre-judication proceedings, the tendering agency may, on the basis of substantiated reasons:
(a) To leave the tender without effect;
(b) Preadjudicate all or part of the competitive lines;
(c) Preadjudicate part of a line prior consent of the offender except the case provided in the inc. 52.Ads to pre-adjudications
Subparagraph 78.-Preadjudications should be announced for at least 3 days, when it comes to public tenders, at least 2 days, when it comes to private tenders and at least one day when it comes to direct contracting, except in the case of subparagraph (c) of the inc. 3 of art 56 of the law in one or more visible places of the premises of the bidding unit a1 cua1 will have access to the public. E1 same procedure, on its basis, must be followed when the competent authority to approve, modifies the pre-adjudication recommended by the pre-adjudication commission In such cases, the offerer whose pre-adjudication was modified shall be expressly and in a fruitful manner. This communication should be made prior to the time limit for the initiation of the advertisements.Impugnations to pre-adjudication
Subparagraph 79. - The persons concerned may make Impugnations to pre-adjudication within the time limit set out in the particular clauses, which may not be less than 3 days from the expiration of the term set for advertisements.
The challenge will be resolved by the competent authority to approve the procurement, in a decision that may not be later than that of 1st award. During the term set forth in this paragraph and the precedent, the full proceedings which constitute a tender act shall be made available to the offenders for their hearing.Improvement of contract
Subparagraph 80. -E1 contract is refined with the competent award within the time frame of maintenance of the proposal, as provided in e1 inc. 61, and the communication referred to inc. 81.Communication from the award
Subparagraph 81 - The award shall be communicated to the interested party in a fruitful manner within the 7 days of agreement, by order of purchase or sale and exceptionally in any other way, constituting that communication, provided that the order to fill the commitment in the stipulated conditions is received within 20 days of its issuance.
In the event of the notice of exception mentioned above, the purchase or sale order must be forwarded within the next three days and in all cases the deadlines shall begin to govern from the date of receipt of the latter. Upon expiration of such 5 deadlines, the person concerned who has not received the order of purchase or sale may require it personally or by means of satisfaction.
If the submission had not been made within the next three days, the grantor may withdraw from his offer.
The contract shall be accepted if the awardee within 3 days of the receipt of the communication made after the terms set forth in the preceding paragraphs are not rejected on record.Order of purchase
Incisive. 82.- The purchase or sale order shall contain the basic provisions of the procurement, in particular:
(a) Established form of payment;
(b) Deadline for the opening of the relevant letter of credit if such payment has been provided;
(c) Place, form and delivery time.
In the event of disagreement with the contractual forecasts, they shall prevail and it shall be construed as errors or omissions slipped in the order. Without prejudice to this, errors or omissions will be saved at the time of warning.Elements of the contract
Subparagraph 83. - They are an integral part of the contract:
(a) The provisions of these rules, the particular clauses of one contract the specifications;
(b) The procurement;
(c) The corresponding samples;
(d) The award;
(e) The order of purchase or sale.Increase or decrease in the allowance
Subparagraph 84. The contracting unit, with the approval of the competent authority in accordance with the amount of the dispute, shall have the right to:
(a) Increase or decrease by up to 10% the total awarded in the conditions and prices agreed upon prior to the award. This percentage may affect both total deliveries and partial deliveries;
(b) To extend, under agreed conditions and prices, successive performance contracts (expenditure of forages, fuels, etc.), for a period not exceeding one tenth of the term established for the contract, as amended in accordance with subparagraph (a) or without them.
For the purposes of the exercise of this authority, the tendering agency shall issue the relevant order before the expiration of the contract;
(c) Accept deliveries in more than 20% of the contract, when it comes to items that should be manufactured especially for official use or that should carry marks or identifying signs of such use. In such cases the awarde shall have a 10% discount on the agreed price, which shall be applied on deliveries exceeding the percentage authorized in subparagraph (a);
(d) Where by the nature of the benefit there is impossibility of splitting the units to deliver the exact amount contracted, the deliveries may be accepted in more or less, as permitted by the fractionable minimum. These differences will be increased or decreased from the corresponding billing amount without another requirement;
(e) In tenders of several small lines, do not award for amounts less than $100 or the equivalent of $200 in other currencies when collecting items to import, for which the provisions of the inc are excluded. 76.Interpretation issues
Subparagraph 85. - All matters arising in connection with the performance or interpretation of the contract shall be resolved in accordance with the provisions of these rules, the particular clauses of the contract and the supplementary legislation.
The particular clauses may not stipulate the trial of arbitrators or friendly commissars to settle the divergences produced on the basis of the interpretation or execution of the contract.Transfer of contract
Subparagraph 86. - E1 contract may not be transferred or transferred by the awardee without the prior consent of the competent authority. In the event of a violation, the full contract may be terminated.Resources
Subparagraph 87. - In cases of termination of contract, the resources deducted against the respective resolution shall have no suspensive effect.
Cases of termination that grant right to the award
Subparagraph 88. - Where the State terminates a contract for a justified case, not provided for in these rules, except subparagraph (h) of the inc. 54, the awarde shall have the right to be recognized for direct and unproductive expenses in which he will prove to have incurred after the award and on the basis of the contract, but no claim shall be made for loss of profits or for interest of capital required for financing. The recognition of the value of the solicitation documents shall also be subject to recognition if the tender must be acquired.
Subparagraph 89. The awardees shall comply with the provision to which they have been obliged in accordance with the forms, deadlines, place and other specifications established in the contract.
The time frames for such benefit shall be computed from the day after the date of receipt of the communications referred to inc. 81. as appropriate or in default from the day after the date of the opening of the respective documentary credit when such payment is agreed.Provisional reception
Subparagraph 90. The receipt of 1st goods in the places established by e1 contract shall be provisional, and the receipts or senders that are signed shall be subject to the requirements set out in these rules for the final receipt.Extension of time
Subparagraph 91. - E1 awardees may request the extension of the term contractua1 before the expiry of the term. E1 bidder must resolve the order within 10 days of submission and, in case of silence, will be granted.
From this right the awardee may only make use of 2 opportunities at the maximum and the total extensions may not exceed, in any case of a term equivalent to the term originally fixed for e1 performance of the contract.Termination for breach or contract rehabilitation
Subparagraph 92. - The time limit for the performance of the contract or the extensions that had been agreed upon without the items being delivered or rendered the services in accordance, the contract shall be terminated in full by the unfulfilled party, without the need for judicial or extrajudicial appeal, and the tendering agency shall then proceed to the dictation of the formal declaration of the termination, except that the awardee has requested, prior to the expiry and extension of the previous part, This rehabilitation may be agreed for one time upon payment by the awardee of a fine equivalent to 5 per cent of the contract value rehabilitated
A rehabilitated contract must be met within the same time limits and the same conditions as for the original contract may be granted. If the awardee who requested the rehabilitation does not make the payment of the fine of 5% within 3 days of having communicated the acceptance of the rehabilitation, the contract shall be terminated, without further processing, under the conditions stipulated in this same paragraph.
In the contracts to which e1 inc refers. 119. Failure to comply on more than two occasions will enable the tendering agency to declare its termination.Analysis
Subparagraph 93. - Where the contracting unit is required to perform analysis, testing, expertise or other evidence to verify whether the respective elements, work or services are in accordance with the requirements, the following shall be carried out;
1. Perishable product analysis:
It will be carried out with the necessary samples to be extracted at the time of delivery in the presence of the awarde, his representative or the delivery manager. In that same act, the time at which the aná1islis will be performed will be communicated, so that the awardor or his representative may attend. The incomparence of the grantor or the representative of him will not be an obstacle to the conduct of the analysis, the result of which will be firm and definitive.
When the result of the analysis indicates the failure to comply with the provisions and, by the nature of 1 product, it is not possible to proceed with the return of the amount delivered, the State shall recognize the payment of the same, without prejudice to the application of the corresponding fine.
2. Analysis of non-perishable products:
(a) The samples that the contracting unit deems necessary will be extracted and the result of the analysis will be communicated to the awardee by means of a fehacien;
(b) In the event that the awarde is not satisfied with the result of the analysis, he must submit it in writing, in a substantiated manner, within 3 days of the receipt of the communication.
In the period established by the contracting unit, which will be the shortest possible, other samples will be extracted and a new analysis will be carried out in the presence of the grantor or a representative of the same duly authorized. The incomparency of the grantor or his representative shall not impede the realization of the new analysis, the result of which shall be firm and definitive.
3. Pericias, essays and other tests:
In each case, according to the particular circumstances of the same, appropriate measures will be taken so that the diligence can be carried out in a manner that guarantees the contro1 of its results by the person concerned.
4. Intervening agency:
In the event that it is essential to use expert evidence or technical report, intervention will be given, as far as possible, to national divisions or offices or, by their order, provincial or municipal if the contracting unit does not have e1 personnel or the necessary elements.
5. Cost of tests:
If the elements subject to analysis, expertise, trial, etc., were of receipt, the cost of the proceedings shall be borne by the tendering agency, otherwise by the person concerned, except for the expenses motivated by the intervention of an expert or representative of the interested party, which shall always be at the expense of the interested party.Conformity
Subparagraph 94. - For the purposes of final conformity, a confrontation of the benefit with the specifications of the order, with the sample pattern or with the one presented by the awarding party, and in its case with the results of the evidence that should be analysed, in addition to the provisions of the particular clauses.
When the recruitment had not been carried out on the basis of samples or was not established, by exception, the quality of the elements, it is understood that these must be new, without use, of those qualified in trade as of first quality and completed according to the rules of art.Delivery time
Incisive. 95 - When an offer does not expressly set the delivery time, it is understood that it conforms to the time required in the particular clauses. and, if they do not specify it, it will be the one that stipulates inc. 45, subparagraph (e).Immediate delivery
Subparagraph 96 - When the condition is established as a delivery time, it shall be understood that the benefit shall be met by the awardee within 5 days from the date of the inc, 89, second paragraph.Contracts subject to compliance by the State
Subparagraph 97. - In cases where the awardee ' s performance could not be fulfilled but after satisfied certain obligations by the contracting unit (delivering certain elements, returning formed evidence, performing work or facilities, etc.), the corresponding time limits for meeting such requirements shall be set out in the particular clauses. The time limit set for the performance of the contract, unless the particular clauses establish other rules, shall be counted from the day after that in which the contracting unit complies with the aforementioned obligations. If the contracting unit fails to comply with the award, at any time and in writing between:
(a) To claim the greatest cost of labour, exclusively, derived from the imputable delay to the State, both extremes that must prove fruitfully at their time, in accordance with the labour agreements approved by competent authority;
(b) Request the termination of the contract in 109 terms and with the specified effects in inc. 88.
E1 compliance by the State with its obligations before the option has occurred will import the expiry of the rights referred to in the preceding paragraphs. Consequently, the awarde shall complete the contract in accordance with the terms of the contract, except for the automatic extension of the time limit to the extent of the delay consented.
Paragraph 4 (a) of this subparagraph shall not apply when the opening of the receivable is delayed, except that the amount is discriminated against in the contract. Accordingly, in such cases, except for the latter exception raised, the grantor may only terminate the contract under subparagraph (b) of this subparagraph or consent to the delay.Final reception fees
Incisive. 98. - The units shall designate, on a permanent or accidental basis, the or those responsible for the certification of the final receipt of goods or the provision of services with the sole limitation that such designation shall not be subject, except material impossibility, to those who have intervened in the respective award, however, to require their advice.
Officials responsible for the final receipt shall refer to the office to which the payments are processed, the corresponding certification,Factory inspection
Subparagraph 99. - Where the procurement relates to articles to manufacture, the awardees shall provide the contracting unit with free access to their production premises, and must provide all data and backgrounds required to verify whether the manufacture of such items conforms to the agreed conditions.
E1 the fact that the goods have been inspected to provide, does not release the assignee of responsibilities for the deficiencies that are acquired at the time of the final receipt,Liability of deposit managers
Incisive. 100. - Deposit chiefs shall subscribe to the certification referred to inc 98, reaching their responsibility only to the physical pain of the elements, that is, weight, volume, measure and quantity.Incomplete delivery
Subparagraph 101 - Officials who are responsible for the final receipt may directly require the supplier firms to deliver the amounts unless they have been forwarded, whose receipt shall be subject to the requirements set out in these Regulations.Deadline for final conformity
Incisive. 102.- The final conformity shall be agreed within 7 days of the delivery of the elements or of the services, or of the time limit set in the particular clauses when the relevant special ananalysis or evidence shall exceed that term. In case of silence, after the expiration of that time period, the awardee may intimate the ruling on the rejection or final conformity, which shall be declared by agreement if the term is not received.Interruption of deadlines
Incisive. 103. - The periods provided for in the preceding paragraph shall be interrupted when a legal or administrative remedy is not enforced by the supplier.Non-computable periods within the period
Incisive. 104.- In the event of a rejection of the provision, the days required for the processing shall not be computed within the agreed term for the performance of the procurement.Computable periods within the period
Incisive. 105 - E1 process of proceedings originating in awards ' benefits on the basis of the contract shall not suspend the computation of the period established for its performance, but when the tendering agency, at its sole trial, considers them justified, or when they are not resolved within 10 days of submission. In the latter case, it will have suspensive effect only on the days when the procedure exceeds the term indicated.Redemption proceedings
Incisive. 106. - The final conformity does not release the awardee from the emerging responsibilities of redemptive vices that were acquired for the period of 3 months, computed from the final conformity, unless, by the nature of the benefit, the particular clauses set a longer time.
E1 awardee shall be obliged to make the corresponding repositions or repairs in the term and place indicated by the tendering agency.Withdrawal of rejected elements
Incisive. 107. - E1 awardee shall be obliged to withdraw the rejected elements within 30 days from the date of the successful communication of rejection. If an objection is made on the part of the person concerned, the term shall be counted from the date on which the respective resolution shall stand.
Upon expiration of the specified period, the contracting unit shall proceed to the disposal of the elements in accordance with the rules governing the State ' s own sales, without the right to any claim on the part of the awardee, making available the amount obtained, after deduction of 30% for storage and administrative expenses.
Two procedures for sale for the same goods, without obtaining admissible bids or bids, will be definitively transferred to the property of the State as a "abandonment" without any right for the supplier.
The sales procedures referred to in the preceding paragraph shall be:
E1 first, on the basis of 80% of the value awarded of the rejected merchandise.
E1 second, no base and the best bidder.
Bills and paymentPlace and presentation form
Incisive. 108. - The corresponding invoices shall be delivered at the place indicating the particular clauses.
In each invoice shall be recorded:
1. Number and date of purchase order or contract to which applicable.
2. Number of files.
3. Number and date of delivery.
4. Number, specification and amount of each billed line.
5. Total "brute" of the invoice.
6. Amount and type of discounts, if applicable.
7. Net amount of the invoice.
8. Any other data of interest that can facilitate its processing, such as partial billing, total, where the goods were delivered, etc.
It will not be necessary to accompany or original, nor copies of the order of purchase or contract, nor the proof of delivery that remain in the possession of the awardee.
The offices responsible for making invoices for payment shall act on the basis of the documentation processed internally and with the certificates issued in accordance with the inc. 98.Partial billing
Incisive. 109. - Invoices for partial deliveries shall be accepted unless, for special reasons given the nature of the benefit, the particular clauses otherwise provide.Deadline for payment
Incisive. 110 - Unless special forms of payment are established in the particular clauses and as a case of exception, they shall be made within 30 days.
Whatever form is established to make payments, the deadlines will begin from the day after the final conformity occurs according to the provisions of the inc. 102, except for cases of exception justified.
If the invoices are submitted after the date of final conformity, the payment period shall be computed from the submission of the invoices.
The term fixed shall be terminated if there are any comments on the relevant documentation or other procedures to be compliant with the creditor. The clauses that are included in the offers by "counted payment", "paid to thirty days", "paid to thirty days date of delivery of goods or of presentation of invoices" or similar will be considered as acceptance of the deadline set in the first paragraph.
When the particular clauses provide for the "payment against delivery" it shall be understood that the payment must be made after the operation of the final conformity of the receipt.Deferred or financed purchases
Incisive. 111. - Where by nature of the elements to be acquired is desirable, necessary or obligatory to make use of financings by the awardees, the basis of the same shall be established in the particular clauses, which in no case may be separated from the rules established by the competent authorities. Central Bank, Ministry of Finance and Finance, etc., as well as internal or international trade, in terms of deadlines, interests, operating modalities, payments, etc.Deadline for payment
Incisive. 112. - Offices involved in the settlement of invoices shall indicate the date on which the deadlines set in the incs expire. 110 and 111.Delay in payment, interest settlement
Incisive. 113. - From the day after the expiry of the period established for payment, the supplier may claim it by note in the respective treasury as well as, without any other requirement, the settlement of interest that may correspond to it.
If the delay in payment is not attributable to cases attributable to the creditor, such interest shall be settled at the rate fixed by the Bank of the Argentine Nation for discounts in general, which shall run from the date of the expiration of the period for payment not effected in term until the time when the creditor is forwarded to the creditor that the funds are at their disposal, or in the absence thereof, when the amount of the receivable is made effective.
The debit interest note may be submitted by the creditor for up to 30 days after the payment of the receivable has been made. Selling that deadline will lose all right to your claim.Special discounts for payment
Incisive. 114. - Where suppliers have offered special discounts for payment within a specified period of time, the interested offices shall pay the invoices for the gross amounts, further indicating the amount to which the discount is and the date to which it is appropriate to deduct it from the payment. If for reasons not attributable to the creditor, the payment shall be made subsequently, the payment shall be made without deductions.
PenaltiesDisruption of offers.
Incisive. 115. - The withdrawal of the offer before the expiry of the period of validity established in respect of it shall entail the loss of the guarantee of the offer.
In the event of partial withdrawal, this guarantee will be lost in proportional form.Integration of the guarantee
Incisive. 116. - The awardee shall integrate the award guarantee within 8 days of receipt of the communication referred to inc. 81. In the absence of such a guarantee, he shall be fed to do so within a period not exceeding 10 days, which shall be terminated with the loss of the amount of such guarantee.Replacement of the guarantee
Incisive. 117. - E1 performance of the benefit within the time limit of the integration of the guarantee exempts the awardee from this obligation, except in the case of rejection, in which the preceding paragraph shall apply.
In these cases, the time limit for integration will be counted from the fruitful communication of rejection and not from the communication referred to inc. 81.
The rejected elements will be held in caption and cannot be withdrawn, without previously integrating the appropriate guarantee.Fine by mora
Subparagraph 118. - The extensions granted as provided by the inc. 91 shall in all cases determine the application of a fine for a default in the performance of the contract.
This fine shall be 1 per cent of the value of what is satisfied outside the original term of the contract for every 7 days of delay or fraction greater than 3 days.Special allowances
Incisive. 119 - Failure to comply with benefits in which their satisfaction cannot be accepted on the basis of their nature and the needs such as meat, milk, bread, etc., surveillance, transportation, cleaning of premises, etc., shall be punished with partial termination of the contract and with the resulting loss of the guarantee in an amount equal to 10% of the value of the unfulfilled benefit.Termination penalties
Incisive. 120. - Termination of the contract as set out in the inc. 92 will lead to the loss of the award guarantee in proportion to the unfulfilled party and, in addition, in the event of the agreement of extensions, the fine fixed in the inc. 113 calculated in relation to unsatisfied value.Fortuitous or force majeure case
Incisive. 121. - The penalties set out in this regulation shall not be applied when the breach of the obligation comes from a fortuitous case or force majeure duly documented by the offeror or adjudicator and accepted by the tendering agency.Communication of fortuitous or force majeure cases
Incisive. 122. - The existence of a case of fortuitous or force majeure that prevents the fulfilment of the commitments made by the bidders or adjudicators shall be brought to the notice of the tendering agency within 10 days of production.
If the expiry for the satisfaction of the obligation does not exceed 10 days, the communication referred to shall be made within 2 days of that expiration. After such terms, every right shall be extinguished.
Miscellaneous provisionsApportionment costs
Incisive. 123. - The following costs shall be borne by the awardee:
(a) Law seal;
(b) Cost of clearance, customs duties and services and other expenses incurred for any concept in the case of rejection of goods imported under delivery clauses in the country;
(c) Contract protocolization costs when such formality is foreseen in the particular clauses;
(d) Reparation or replenishment as appropriate, of the elements destroyed, in whole or in part, in order to determine whether they conform to their composition or construction to the contract where defects or defects in the materials or in their structure are verified. Otherwise, the relevant costs will be borne by the tendering agency.Fines
Incisive. 124. - Fines or charges to be made shall affect by their order:
1. To the interests of the contract or other contracts between the agency and the supplier, and which were recognized or liquidated for payment;
2. To the emerging invoices of the contract, which are in charge or in process;
3. To the corresponding guarantee;
4. To the provisions of the emerging contracting contract of other contracts, even from other ministries or agencies, it is established that the awarding party provides its conformity for the respective compensations.Insurance and transportation
Incisive. 125. The insurance of the items that are imported, whether in the hands of the grantor or the State, shall be contracted and paid in the manner provided by the existing laws and/or regulations issued by the competent authority.For transport it will proceed in the same way.
Incisive. 126 - E1 tendering agency shall be the competent authority to decide whether to grant extensions, the declaration of termination of the contract, the perception of fines, the application of pecuniary penalties and in general any other situation to comply with the same, except for disciplinary sanctions, notice, suspensions, disqualifications etc., which may only be applied by the authorities established in the relevant chapter of this regulation.Completion of deadlines
Subparagraph 127. - The deadlines will be:
(a) When fixed on working, working, useful and similar days, according to the normal working hours for the public administration in general, even for those distributions that as an exception work on Saturdays;
(b) When fixed in weeks, for periods of 7 days run;
(c) When set in months or years according to the Civil Code.Amendments to the rules of procedure
Incisive. 128. In cases where it is necessary to establish, on a special or general basis for certain contracts, clauses other than those set out in these rules, the amendment shall be authorized by the Executive Power, with prior intervention by the Ministry of Finance and Finance and the Court of Accounts of the Nation. Such authorization shall be established in the particular clauses of the respective contracts.
Location of propertiesImplementation provision
Incisive. 129. The location of property on the State ' s account shall be governed by the general provisions of these rules, as soon as they are not amended by the following special provisions, and by the particular clauses approved by the tendering agency for each procurement.Option
Subparagraph 130. - Where the procurement has provided an option for a longer period of validity for the State, the simple continuity of the occupation will mean the use of that right.Termination
Incisive. 131 - Contracts shall be terminated, without the right to compensation in favour of the owner, when the premises is vacated by the respective unit on the merit of the deletion or consolidation of the service provided by the owner, or when the service was installed in a State building or given free to it.
The termination will be operated from the date the location is made available to the locator.Reflections and levies
Subparagraph 132. - It will be exclusively the owner's account for the refurbishments necessary to keep the property in good condition.
The levies that apply to the property for reasons of the use given to it by the local unit will be carried out by it.Fiscal Valuation
Subparagraph 133. - In all cases where the location of a property occurs, the tax valuation set for the payment of the real estate tax, or, failing that, the one established for the payment of the services of sanitary or municipal works, and a report of the corresponding jurisdictional agency, shall be added as an element of judgment.Individual clauses
Subparagraph 134; - The location and conditions of the property, the maximum monthly rent to pay, the term of the contract and the extension options shall be established in the particular clauses.Adaptation, expansion or refraction work
Subparagraph 135 - If in the property offered it was necessary to carry out adaptation enlargement or refurbishment work on the owner's behalf, it must set in the proposal the term within which it undertakes to perform them from the date of approval of the contract by competent authority.Incompatibility with legislation on urban locations
Incisive. 136. - In the event that any of the above provisions would be inconsistent with the precepts of the applicable legislation on urban locations that were in force at the time of the location, the tendering agency shall adjust the contract to the provisions of such precepts,
Subparagraph 137. - The sales of movable property shall be governed by the general provisions of these rules, as soon as they are not modified by the following special provisions and by the particular clauses approved by the tendering agency for each procurement.Individual clauses
Incisive. 138. - The periods and forms of payment and withdrawal of the elements as well as the other special conditions of sale shall be established in the particular clauses.Preadjudication
Incisive. 139. - Pre-adjudication should fall under the proposal that, according to the basis of recruitment, is the most expensive.Payment of the price
Subparagraph 140. - E1 price must be paid prior to the withdrawal of the items. Without prejudice to the fact that the particular clauses provide for the time limits and withdrawal of the elements, contributions with payment may also be accepted as an alternative, which shall detract from the interest of the Bank of the Argentine Nation for credit operations and provided that the aforementioned payments are guaranteed in any of the forms provided for in paragraph 34, with the limitations set out in the inc. 38.Termination of contract
Incisive. 141 - If payment is not made within the specified time limit, the contract shall be terminated under the conditions of the inc. 92, with the application of the penalty provided for inc. 120.
When payment in assessed contributions had been agreed, they should be paid in full. Failure to pay a single fee within the specified time limit shall amount to a arrears to the debtors without the need for protest or judicial or extrajudicial appeals, the expiry of the unpaid deadlines and the enforceability of the full balance owed with more interest on the total debt, without prejudice to the application of the first paragraph of this paragraph.Mora on payment
Incisive. 142. - An extension may be agreed for payment under the conditions provided for by the inc. 91, in which case a fine equivalent to 1 per cent of the value paid out of term shall be applied to the awardee, for every 7 days or fraction greater than 3 days in arrears.Contract import
Incisive. 143. - For the purposes of the application of sanctions, the amount fixed in the contract shall be taken as a basis, even if approximate amounts are sold.Delay in the withdrawal of the elements
Incisive. 144. - If the items are not withdrawn after payment within the specified time limit, the buyer shall pay for storage, without the need for judicial or extrajudicial intimation, at the rate of 1 per day with delay on the price of the unretired and up to 30 days.
Upon expiration of the deadline set out in the first paragraph, the tendering agency shall proceed in accordance with the provisions of the inc. 107.Claimant ' s costs
Incisive. 145. - The costs of labour, cartage, etc. will be paid to the awardee. demand the withdrawal and transfer of the acquired elements.Access to deposits
Incisive. 146. The awardees shall have access to the place where they find the items sold for the sole purpose of withdrawing.
Permits and concessionsImplementation arrangements
Subparagraph 147. E1 granting of permits or concessions by the State shall be governed by the general provisions of these rules, as soon as they are not modified by the following special provisions and by the particular clauses approved by the tendering unit for each procurement.Individual clauses
Incisive. 148. - The particular clauses shall establish, as appropriate:
(a) Periods and forms of payment and validity of the contract;
(b) Conditions and deadlines relating to the delivery of goods and their qualifications by the grantor.
(c) The basis for price readjustment, with the indication of basic prices, periods and items, which may be set out in the so-called when contracted for more than one annual period, computing, where appropriate, the optional extensions established, as well as the system to be used to determine the amount of the difference in accordance with the provisions of the incs. 57 and 97 (a);
(d) Additional guarantees to be provided by the assets of the affected State to the permit or concession or, where appropriate, a fund to be integrated for repairs or replacements, with percentage retentions on relevant payments;
(e) Technical pardon of representatives and substitutes for the care of the permit or concession;
(f) Limitation or accumulation of awards similar to the same offerer when there are reasons previously founded by competent authority;
(g) Conditions that oblige the grantor to take charge temporarily of another permit or similar concession that for any reason would have been terminated;
(h) Sanctions and penalties for minor offences that do not result in termination, graduated from receipt to fines up to $ 1000.
(i) Valuation of the assets to be delivered to the grantor for the purposes of the guarantees referred to in subparagraph (d) and the fire insurance to be provided in favour of the state for the entire term of the contract and before the receipt of the goods.Price base
Incisive. 149. - Permits and concessions shall be tendered at a price or base rate, unless the competent authority credits its inconvenience.Preadjudication
Subparagraph 150. - Pre-adjudication should fall under the proposal that, according to the basis of recruitment, is the most expensive.Liability for damages
Subparagraph 151. - E1 permissionary or concessionaire shall be liable in all cases for the deterioration caused to the property of the State concerned to the permits or concessions that do not obey the normal use of them. If at the time of receipt of the facilities and goods the awardee did not make any observations, it would be understood to receive them in perfect conditions of use.Mora in payments
Subparagraph 152. - E1 permissionary or concessionaire who incurred in arrears in payment of the price of the permit or concession shall be liable for the term of one month to the fine of 1 per cent of the amount paid out of term for every 7 days of delay or fraction greater than 3 days. After the end of a month without payment, the contract will be terminated under the conditions established by the inc. 92, unless the assignee or concessionaire ensures its debt to the satisfaction of the contracting unit in which case it may agree to an extension of up to 3 months for payment, with application of the fine provided for in the preceding paragraph for the entire period of the extension This facility may not be agreed again, but after a year has elapsed from the date on which the previous dwelling occurred. If the contract shall be terminated in the form provided for in the first paragraph of the inc before the completion of this period. 92.Lack of State property surrender
Subparagraph 153 - If for reasons of fortuitous case or force majeure the goods could not be delivered within the specified time limit, the assignee or concessionaire may withdraw from the contract and obtain the return of the total guarantee provided, without the right to compensation.Permissionary or concessionary obligations
Incisive. 154. - Without prejudice to compliance with the particular clauses, the awardee shall be obliged to:
(a) Strictly comply with the applicable legal provisions, in accordance with the nature of the permit or concession, and with the payment of taxes, fees, contributions, patents and other obligations that grave the assets for their exploitation or activity;
(b) To satisfy in all cases the compensation for the dismissal of accidents and other payments arising from the permit or concession;
(c) Do not assign the goods to another use or enjoy that the stipulated or make misuse thereof contrary to the rules of morals and good customs;
(d) Keep the goods in perfect conditions of conservation, use and toilet;
(e) Facilitate the access of authorized inspectors to all facilities, accounting books and documentation related to the performance of the contract and sign the infringement records;
(f) Do not make modifications or perform works of any nature without the written consent of the contracting unit. The execution of modifications or deeds, without the consent referred to in the preceding paragraph, shall be exclusively for the awarding party, who shall take charge of all expenses to adapt or destroy them immediately and return the property to his previous state, as the case may be, only to the requirement of the contracting unit, without prejudice to the relevant penalties for the offence committed or, where appropriate, the termination of the contract with all its consequences. The improvements made will be incorporated into the property of the contracting unit and will not give rise to any compensation;
(g) Propose in advance of the contracting unit, for acceptance or rejection by representatives or replacements with the power to force it;
(h) Deliver the goods within 10 days from the termination of the contract or the termination thereof;
(i) Satisfaction of fines for breaches within 5 days of notification.Causes of termination
Incisive. 155. - They shall be liable to termination on the basis of the assignee or concessionaire, without prejudice to others established by this regulation:
(a) Negative or non-concurrence of the performance of inc 148, subparagraph (b), within 8 days of the expiration of the places to which it refers, except cases justified in the opinion of the contracting unit;
(b) Infraction to the provisions of inc. 154 (c);
(c) Repeated violations of the provisions of inc. 154 (d), (f) and (g);
(d) Repeated interruptions of the emerging obligations of the permit or concession, except for cases justified in the sole opinion of the contracting unit.Fine for non-compliance with property restitution
Incisive. 156. Failure to comply with inc 154, subparagraph (h), shall enable the State to punish the person or concessionaire with a fine of 3 % per day on the annual amount of the permit or concession from the expiration of the period until the day of the actual restitution of the property.Proportional loss of warranty
Incisive. 157. Termination shall import the loss of the guarantee of the contract in proportion to the period remaining for its performance, without prejudice to the application, if appropriate, of the penalties specified in the preceding paragraph.Continuity of permit or exploitation by succession or curatela
Incisive. 158. - In the event of the death or incapacity of the contractor, if it were a single-person firm, the contracting unit may accept the continuation of the permit or concession provided that the right-holders or the curator unify the personry and provide guarantees of satisfaction.
If the assignee or concessionaire is a society, in the event of the death or incapacity of the technical partner and irrespective of what the contract or status establishes, the contracting unit shall be entitled exclusively to the acceptance of the replacement.
In all cases, if the substitution is not accepted, the contract shall be terminated without the application of penalties for that case.Warranty reduction
Incisive. 159. In cases of permits or concessions in which the collection is made through the contracting unit, the award guarantee may be reduced to 3 per cent of the total amount of the contract.Extension guarantees
Incisive. 160. - When extensions are granted on the basis of the contractual option or in the cases referred to inc 84, the values for the integration of guarantees and fire safety will be updated.Implementation arrangements
Subparagraph 161. - The contracting of propaganda and advertising, as well as those relating to projects, inputs of ideas, programmes, impressions or other of similar nature, shall be governed by the general provisions of these regulations, as soon as they are not modified by the following special provisions and by the particular clauses approved by the tendering unit for each procurement.Individual clauses
Incisive. 162. - In the tenders that are made, they are specified in addition to the provisions of the inc. 45 as soon as it is applicable to the particular case, the purpose that is pursued and the conditions that are foreseen as necessary or suitable for better guidance on what is required. An estimated budget may also be allocated in item for the purpose of indicating the form of tendering, the determination of basic prices or other requirements, without prejudice to the fact that the total amount of the offer will be taken into account for the award.Preadjudication
Subparagraph 163 - Notwithstanding its higher price, pre-adjudication may fall under the proposal that in the opinion of the tendering unit best meets the requirements of the tender, taking into account the quality of the work and substantial technical reasons, when provided for in the particular clauses. To this end, the commission of pre-adjudications must be constituted by an "ad hoc" jury composed of persons with adequate knowledge of the matter.Awards. Property of work and responsibility
Subparagraph 164. - When awards are instituted, graduates in merit order will be foreseen if the lack of award to the former will imply or will not declare the tender disavowed.
The awards and their elements shall be the property of the State for the purpose of their use without limitation, unless otherwise provided in the particular clauses. It will not be necessary to guarantee these cases, but the proponents and adjudicators will be responsible for administrative or judicial claims by third parties and will respond for the relevant damages.Compensations
Incisive. 165.- During the performance of the contract, variations or compensations may be introduced between the items referred to inc. 162. 84. Payments are made according to the agreed prices for each item, as actually executed.Rate adjustment
Subparagraph 166.-When recruitment refers to notices, journals, radio or television companies for which general and public fees are required, proportional price readjustments may be foreseen for effective variations during the time of recruitment. To this end, the budgets of the offenders should clearly and separately specify these items with the percentages of increase or decrease established in those rates.Special provision
Subparagraph 167 - The National Account shall be responsible for the audit of the regime established in the present decree in all its parts, and may request the eventual collaboration of suitable personnel and/or the use of specific laboratories of other State agencies, Armed Forces, State-owned enterprises universities, Research Institutes and provincial and/or municipal specialized agencies The National Account shall submit the reports on their actions to the Ministry of Finance and Finance.Publication of Calls to 1icitation, Ad Writing
Article 62. - Regulation.
Subparagraph 1. - The announcements provided for in the law and those indicated below, as well as the invitations prescribed in the incs, 7 to 10 inclusive of this article, shall clearly express: the name of the tendering agency, the object of the procurement, the place where the particular clauses may be withdrawn or consulted, the place of presentation of the offer and the day and time at which it will be opened.Advert in provincial newsletters
Subparagraph 2 - In addition to the publications required by art. 62 of the law, public tenders shall be announced in advance and in the amount of publications deemed necessary, in the Official Gazette of the province in which supply or service should be made.Exceptions
Subparagraph 3.-In the absence of official newsletters or s] during the relevant advance period were not published, the announcements will be made in a newspaper of the capital of the province where the supply or service will be made.Completion of deadlines
Subparagraph 4. - For the purposes of computing the time limits for anticipation and publication, the opening day of the tender shall not be considered.Minimum time. Extension of time
Subparagraph 5 - The terms set for anticipation and quantity of publications shall be considered minimum In cases of contracting which, for their importance or convenience, either for the amount of lines that are tendered as for the joint and/or individual value of the same, the time limit of anticipation should be extended, in addition to making other publications in journals of the Capital or where they presume that they exist interested, or through any other dissemination system.Publications abroad
Subparagraph 6. Where recruitment is presumed to exist outside, publications may be available in the relevant countries.Invitations to public tenders
Subparagraph 7. - Without prejudice to the established publications, in public tenders You may be invited to attend commercial signatures for the item inscribed in the Registry of Suppliers.
Subparagraph 8. - In private tenders, at least six commercial houses will be invited for the item inscribed in the Supplier Registry. In addition, the folds will be displayed on posters or folders, and no competition may be denied to such tenders from suppliers registered in the Suppliers RegisterRotation of invitations
Incisive. 9. - The invitations provided for incs 7 and 8 Will be effected in rotary form within the signatures registered in the Registry of Suppliers in the respective category, including, in all cases. a the previous award as long as the contract had been completed regularly.Request for offers in direct recruitment
Subparagraph 10. - In the direct contractings authorized by inc. 3, of art. 56 of the law, subsections (a), (d) and (e), the latter only for the case of deserted tenders, three houses of the branch shall be requested, on the contrary, of the reasons that prevented them from proceeding so.Other media
Subparagraph 11. - Without prejudice to the advertising provided above, the tendering agencies must communicate or make known in a fruitful manner, the call to the Argentine Union of State Providers (U.A.P.E.) and other recognized related entities that so request that it be made sufficiently in advance and supplemented. preferably, with the sending of a copy of the respective base sheet. It should be recorded in the record of the communication
Art. 64. - Regulation.Government of the Nation
Incisive. l. The general scribe of the Government of the Nation shall intervene in the study and legal improvement of the titles of the properties of the national State throughout the territory of the Republic, with the authority to request from the national, provincial and municipal authorities all the measures it considers necessary.Registration and title archive
Incisive. 2. - Depends on the general scribe of the Government of the Nation the "Registration and Archive of State Property Titles".Translative writings of domain
Incisive. 3. - Translative deeds of domain shall be extended to the name of the Argentine National State, either the acquiring agency, including the decentralized and State enterprises that may acquire property according to the rules of their organic letters, conferring that agencies shall be assigned the property and the origin of the funds applied to their acquisition.
The titles of ownership, once registered in the respective property records, shall be referred to the General Account of the Nation, before 90 days, for the corresponding annotations to be carried out, and through them, to the General Office of the Government of the Nation for registration and archive.Protocolization of contracts
Subparagraph 4. The protocolization of contracts referred to in article 64, inc. (c) of the law shall be provided for in the particular clauses of the relevant procurement.Acceptance of donations of real property
Subparagraph 5. - In donations of real estate in favour of the national State shall be sufficient title of ownership of the decree of the Executive Branch or the act of competent authority of agencies expressly authorized by their organic letters, which accept the donation.
The respective acts provided for in the preceding paragraph shall contain the following minimum requirements that individualize the property according to the requirement of the respective property records: location, surface, extension, linings and corresponding, the identification must be determined with the greatest number of possible data when there is no cadastral nomenclature
In all cases, before accepting the donation formally offered, it will be mandatory to determine the ownership of the domain of the offender, as well as to offer it free of inhibition, embargoes, mortgages or other real rights, which is not affected by the legitimate or debts of any nature that grave the property at the date of the offer.
The study of the above-mentioned documentation will be carried out indefectably by the General Registry of the Government of the Nation, when it comes to properties that value more than $ 10,000, according to the last fiscal valuation, and by the respective legal advices of the ministries, commands in Chief of the Armed Forces and of the decentralized companies and agencies in the other cases.
If of this study it was evident, to the Judgment of the General Scribe or of the legal advisers, as appropriate, the convenience of property, will give their informed opinion about elevating to public writing the transfer of that formality.
In the event that the legal advisers were in that regard, intervention should be given to the Government ' s General Office for its Views.
In the Register of Property, all agencies shall proceed in accordance with the second paragraph of the inc. 3.Procurement or disposal of real property
Subparagraph 6. The agencies that acquire or dispose of real property, without the intervention of the General Scribe of the Government of the Nation, in accordance with the exception enshrined in the last paragraph of article. 64 of the law, they shall denounce it within 90 days of the granting of the writing to that General Office, through the General Account of the Nation, with the record of its registration in the corresponding registration of the property.Expropriations
Subparagraph 7. In cases of expropriation of property, prosecutors must seek a testimony of the final judgement. Once the registration of the property has been registered, it will be referred to the Government of the Nation's General Registry through the General Account of the Nation.