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Decree 827/88

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Regulations on State Contracts. Modification.

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Bs. As.: 5/7/88

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B.O.: 12/7/88

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VISTO Decree 5720 of 28 August 1972 and

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CONSIDERING:

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That the above-mentioned decree approved the body of provisions that constitute the regulation of State contracts, as regulation of chapter VI of the Accounting Act.

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That it is necessary to align this policy with the objectives of the national policy set for the public sector, bearing in mind that any measure that promotes a higher level of effectiveness in the procurement of the Administration will necessarily result in a substantial improvement in the terms of such operations.

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That in order to achieve greater operativity of the State vis-à-vis its needs, the maximum delivery time provided for in paragraph 45 (e) of the regulation of article 61 of the said Act should be significantly shortened in order to reduce the amounts currently to be paid by the State in respect of updates pursuant to article 2 (a) of Law 21.391.

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That while paragraph 48 of the above-mentioned regulation only allows for the requirement of a mark when there are properly founded scientific or technical reasons, it is no less true that there are in the market various products or goods whose notorious and proven quality advises their purchase as a means of avoiding that through similar products of less quality and price, which are almost never suited to the persecuted purpose, the supply for less performance with the consequent loss of time and effort is reduced.

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That the higher levels of competitiveness resulting from the action taken will allow an improvement in the use of the nation ' s financial resources.

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That the selection criteria should be adapted to the guidelines governing the market, with the quality and elements of the offer being weighted.

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That for the better implementation of the commitments made by State suppliers it is necessary to modify the percentages of the guarantees.

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Attentive to the cost of the contract process for the National Civil Service, it is necessary to establish a representative value of the folds.

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That the Court of Accounts of the Nation took the intervention provided for in article 61 of the Accounting Act.

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That art. 86, inc. 2 of the National Constitution and art. 61 of the Accounting Act empower the National Executive Power for the dictation of this Decree.

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Therefore,

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THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

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Article 1 Sustain the incs. 33, subparagraph I and II, 37, first and second paragraphs, 45, subparagraph (e) and (l) , 48 and 76 of the regulation of art. 61 of the Accounting Act, approved by Decree 5720/72, for the following:

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Subparagraph 33. I- From the offer:

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(a) Five percent (5 percent) of the total value of the offer;

(b) Ten percent (10 percent) of the total value of the offer in the cases of permits or concessions and sales by the State.

In the event of an alternative contribution, the guarantee will be calculated on the highest value proposed.

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II- From the award:

Fifteen percent (15 percent) of the total value of the award.

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Subparagraph 37. It will not be necessary to constitute the five percent(5%) guarantee of the offer according to point I, subparagraph (a), of the inc. 33, to the presentation of it.

Likewise, it will not be necessary to constitute the guarantee of fifteen percent (15 %) of the award, in the following cases:

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(a) Where the amount of the contract does not exceed the limit set out in article 3 (a). 56 of the Accounting Act;

(b) In the hiring of 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 recruitments of the State, including companies whatever 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 National Civil Service, without any claim being made, but after the payment is made.

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Subparagraph 45 (e)- The maximum delivery time, which shall be fixed by the offeror and shall not exceed fifteen (15) days, except for cases of exception that by the nature of the element to provide, manufacture and/or import, quantity, etc., may require a greater time, except that the offerer must justify in his proposal.

When for reasons of necessity or exceptional, the unit needs to fix it, which must be based on the respective actions, it will be avoided provided that the setting of this time limit can mean an artificial restriction of the offers.

Where, instead of delivery times, which must also be based on the respective proceedings, the tendering agency must establish delivery dates, in parallel it shall establish the time limit or date on which it shall release the corresponding purchase order, with the understanding that if it is not delivered on the specified date, the days of delay in its delivery shall be added as an automatic extension to the previously established delivery date, 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 offeror may establish the time limit or date to which it will accept, it being understood that if it is not set in this case it will accept the order at the time it receives it.

If no delivery time is set by either party, it is understood that compliance should be operated within 15 days.

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I.- Value assigned to base and specifications.

It will be determined by the tendering agency between the five tenths per thousand (0.5 TED) and the five per thousand (5 TED) of the estimated cost of the hiring.

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Subparagraph 48. Specifications, in principle, should not require a given mark.

Where scientific or technical reasons are claimed or goods are available on the market whose notorious and proven quality advises their acquisition, and these circumstances are properly founded, certain brands or brands may be requested.

Even if a particular brand is required, products from other brands may be offered. In such cases, the bidders must provide the tendering agency with the necessary evidence to enable the tender to verify that the goods offered meet the required characteristics.

For this purpose, the tendering agency may require the offerers to certify the quality provided through certificates issued by the National Institute of Industrial Technology (INTI) or other competent entities of a public or private nature.

For the repair of equipment, machines or engines can be requested parts called legitimate.

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Subparagraph 76.- Preadjudication should be the most convenient proposal for the agency, taking into account the quality, price, suitability of the offerer and the other conditions of the offer.

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Article 2o.- Default of the third paragraph of the inc. 61 of the regulation of art. 61 of the Accounting Act.

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Article 3.- Communicate, etc. Alfonsín. Sourrouille.