Bs. As., 24/10/90
VISTO is informed by the Chief of Staff of the Air Force, as proposed by the Minister of Defence, and
That the General MAJOR STATE OF FORCE AEREA is implementing production plans for its activity related to the development of the aerospace industry, including those related to IA-63 and CBA-123 aircraft.
That the production of IA-63 is of national interest because it is the means to equip the AEREA ARGENTINA FORCE with an advanced training plane to replace the existing material.
That the CBA-123 plane arises as a result of Protocol No. 12 "Aeronautical cooperation" which forms part of the Act for Argentine-Brazilian Integration, signed between the Presidents of the Argentine Nation and the Federal Republic of Brazil on July 29, 1986, its continuity being of national political interest.
That the AEREA FORCE ARGENTINA also performs tasks in other fields such as being, manufacture of parachute, products in composite materials, repair and maintenance of aircraft, its power plants, equipment and components, in general, commercial and industrial activities within the aerospace specialization.
That all these activities the General MAJOR STATE OF THE AEREA FORCE concrete them with the main intervention of the AREA OF MATERIAL CORDOBA, agency of its unit that in matters of procurement and contracting is governed by the system of Law No. 20.124 and its Jurisdictional Regulation by Decree No. 265/73.
That the said regime, suitable for the normal activity of the ARMED AND SECURITY FORCES OF THE NATION, it does not have the necessary flexibility for an industrial development that requires competitiveness for the placement of its products in the market.
That makes MATERIAL AREA CORDOBA an important centre of advanced technology, internationally recognized, to jeopardize its overall productive continuity and compliance with the above-mentioned manufacturing programmes to participate; to paralyse it would also entail a considerable socio-economic conflict of unpredictable consequences, given the number of personnel involved, whose training, like the specialized industrial equipment, required long-term investments.
That the technical-commercial relations established from the IA-63 and CBA-123 Programs have resulted in many opportunities affected by not counting the CORDOBA MATERIAL AREA, with an appropriate level of authority to resolve their contracts, a situation that results in increases in costs and execution times and impossibility of maintaining a direct and dynamic relationship with suppliers and customers.
That the ADMINISTRATIVE COMMISSION ON CONTRACTIONS OF THE FORCE AEREA, in the use of the power of interpretation that on the application of Law 20.124 and its Jurisdictional Regulation has according to paragraph 282 of the latter, has recognized the limitations of the current regulatory body of that regime, for the specific activity of the AREA of MATERIAL CORDOBA suggesting the adoption of another particular for the said organism, which conforms to the rules of procedure necessary to solve the problems of the industrial and commercial deterioration.
That while it is interpreted that the contracting regime to propose should be proper and particular for the CORDOBA MATERIAL AREA by similarity to others in force in State societies, the current legal situation of the said body as dependent on the AEREA MAJOR STATE does not allow such differentiation.
That for this reason and on the occasion of the already detailed industrial and commercial activity carried out by the AREA OF MATERIAL CORDOBA, it is imperative to include in the current Jurisdictional Regulation of the regime of Law No. 20.124, approved by Decree No. 265/73, new provisions that contemplate solutions that are compatible with the modalities of the market, in such a way that guarantee security, speed and efficiency in the fulfilment of the emerging commitments of their private actions.
That it is necessary and convenient to incorporate into the Jurisdictional Regulation of Law No. 20.124 approved by Decree No. 265/73 the rules for establishing more agile and efficient procedures for contracting in which the CORDOBA MATERIAL AREA is a party under the General MAJOR STATE OF THE AEREA FORCE, taking into account the specific activity that the GOVERNMENTAL Defence sector develops in accordance with the established policies.
That the present act is part of the powers conferred upon the NATIONAL EXECUTIVE PODER by articles 86 (1) and (2) of the National Constitution and 12 of Act No. 20.124.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Art. 1 a Fill out the ADMINISTRATIVE COMMISSION ON FORCE CONTRACTIONS AEREA, in accordance with paragraph 22 of the Jurisdictional Regulation of Law No. 20.124 adopted by Decree No. 265/73, to delegate to the authorities of the AREA of MATERIAL CORDOBA under the General MAJOR STATE of the AEREA FORCE, the following powers:
(a) Authorizing, awarding and approving procurements for purchases and/or sales carried out by commercial firms of the country, as well as those based abroad and/or their representatives, in accordance with the operational requirements of the said agency, including direct contracting under the concepts of exception provided for in paragraphs 42IST(3) (p) and 182(b) of the Jurisdictional Regulation of the Law
B) Establish the modifications to the general and/or particular terms of contracting, for use in the AEREA ARGENTINA FORCE that are relevant to adapt their clauses to the peculiar needs of the AREA OF MATERIAL CORDOBA and the customs and customs of international trade, and in particular:
(1) Fix price adjustment clauses, forms of payment and implementation of supply and award guarantees, in accordance with the nature of the procurement, as well as penalties for non-compliance.
(2) To grant extensions for compliance with or without the application of penalties, to effect, where appropriate, the renegotiation of contractual conditions, depending on the particularities of each contract and according to the uses and customs of operations between companies and organizations of the aerospace industry.Art. 2° . Facultase the CORDOBA MATERIAL AREA to be a party to multilateral contracts, making associations that are necessary according to the convenience and particular interests originated in their specific activity. Art. 3rd Contracts with suppliers and clients from abroad shall, as a rule, be carried out in accordance with the provisions of Act No. 20.124, its Jurisdictional Regulations and the respective rules of procedure issued by the ADMINISTRATIVE COMMISSION ON AEREA CONTRACTIONS.
When the characteristics of the operation and/or the laws, regulations, customs and customs of the supplier or client country make it impossible or difficult to apply the said regime, the rules applicable in similar operations between companies and organizations of the aerospace industry will be used.Art. 4°. . Without prejudice to the immediate validity of this Decree and the provisions of article 6 of Act No. 20.124, empower the AREA OF MATERIAL CORDOBA to dictate, modify and/or update the rules of procedure necessary for the implementation of the Decree.
ADMINISTRATIVE COMMISSION ON FORCE CONTRACTIONS AEREA shall maintain its status as a superior body of application of the regime established by Act No. 20.124, and the documentation issued by the MATERIAL AREA CORDOBA pursuant to this Decree shall be previously approved by the Administrative Commission.Art. 5° . Contracts not yet perfected at the date of the present Decree shall be included within the scope of this Decree. Art. 6° Contact, post, give to the National Directorate of the Official Register and archvese. . MENEM . Humberto Romero.