NATIONAL PUBLIC ADMINISTRATION DECRECT N° 1,726 Norma para el tratamiento de los contratantes de obras en ejecución, en lo refiere al régimen pactado para el reconocimiento de lasvaries de precio o, del sector público, cuando actuar como comitente.
Bs. As., 10/9/85
VISTO the need to enable the seizure of labour contracts in order to give strict compliance with the principle of equity that it must govern in the matter in accordance with the legislation in force, and
That it is necessary to provide the public sector, when acting as a curator, of a norm that allows it to proceed with precise and uniform guidelines in the treatment of the contracts of works in execution, in respect of the regime agreed to ara recognition of the variations of ribs or prices.
That article 4°, subparagraph (a) of Decree No. 2,348/76 of the Law No. 12,910 and its supplement No. 21,250, approved by Decree No. 2,875/75, authorized to consider in a disaggregated manner the inputs mentioned in the aforementioned rule, including the financial cost (point (g).
That the above cost constitutes a relevant insumption that justifies, due to its incidence, a particular treatment, in those contracts that would not have foreseen it.
It is also necessary to adopt appropriate liquidation mechanisms that allow for the best recognition of cost changes.
That the National Executive Power is empowered to dictate the present by virtue of the provisions of article 86 (1) and (2) of the National Constitution.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT: Article 1 -
The contracts for works in force are included in the present month of June 1985, to which the Central Administration, Special Accounts, Decentralized Agencies, Official Financial Institutions, State Companies and Societies is a party, the capital of which is total or majority of the National State, Social Works and all national State entities. Art. 2o -
At the request of the contractors, the commissioners shall proceed to adjust the contracts covered by article 1 of the present in which there is no provision for the disaggregated recognition of the variation in the financial cost and/or no provision for determining the variation in the cost or price according to the rates or values for the performance period. Art. 3o -
The disaggregated recognition of the variation in the financial cost shall be subject to the following conditions:
(a) Recognition shall include the contractually anticipated payment period.
(b) The variation will be determined taking into consideration interest rates or homogeneous indices in its definition and emanated from official agencies.
(c) The rate or index - source or base value - for which the variation of the financial cost will be determined, shall be the corresponding to the opening date of the tender or the date of the tender. If new basic prices or modifications to the contract had been agreed not exclusively for execution or alteration of work that had not exceeded twenty per cent (20 per cent) of the original contractual amount, the value of origin or base would be the date from which the application of the modification had been agreed. Art. 4o -
In the case of contracts whose mechanics of recosting or pricing, the use of price indices or values corresponding to previous periods for the month of execution may be preferred by the contractor to convert the readjustment systems.
To that end, the numberer and denominator will be advanced as many periods of the index as the numerator is displaced, in respect of the month of execution. Art. 5o -
The provisions of Articles 2nd, 3rd and 4th of the present shall be applicable to the certifications of the work carried out from 1 June 1985. Art. 6o -
The exercise of the options that are agreed upon by the contractors for the present work shall be exercised within sixty (60) days of the publication of this decree in the Official Gazette. Art. 7o -
The Ministries of Economy and Public Works and Services shall jointly act as the authority for the implementation of this decree. Art. 8o -
The formalization of the agreements to which the application of this decree gives rise to the waiver of the contractor to make administrative claims or to initiate or pursue judicial action on matters that have been the subject of the convention. Art. 9o -
Contact, post, give to the National Directorate of the Official Register and archvese.
Roberto J. Tomasini
Juan V. Sourrouille
Mario S. Brodersohn.