PRIVATIZATIONS

Decree No. 2071/1992

Adjudicase a consortium, the concession of the exploitation of the terminal elevator located in the Port of Buenos Aires, belonging to the National Board of Grains in liquidation.

Bs. As., 12/11/92

VISTO Expediente No. 170/92, of the registration of the NATIONAL BOARD OF GREAT IN LIQUIDATION, by which they process the national and international public tenders called for the concession of the exploitation of the terminal elevators located in the ports of Quequén and Buenos Aires, and

CONSIDERING:

That Act No. 23,696 and Decree No. 2074 of 3 October 1990 provided for the privatization of elevators belonging to the NATIONAL BOARD OF GRANOS, an agency that is in liquidation under article 36 of Decree No. 2284/91.

That by Decree No. 351 of 27 February 1992, the regulatory framework within which the public service of raising grains should be provided by the concessionaires of the exploitation of the facilities covered by it was approved, the authority to be responsible for the tenders was determined and the general guidelines to which the respective procedures should be adjusted were set.

That article 9 of the above-mentioned Decree empowered the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, in its capacity as the Authority for the implementation of Law 23,696, to approve the general and particular terms and conditions of each tender and to make the corresponding calls.

That in the use of the conferred powers, the Minister of Economics and Works and Public Services issued Resolution No. 288 of 28 February 1992, by which he ordered the call to national and international public tender, based, for the concession of the terminal elevators located in the ports of Quequén and Buenos Aires.

That on 18 May 1992, the date set for the opening of the "A" envelope of the offers for the elevator of the Port of Buenos Aires (merits, titles and background guarantee of maintenance of the offer plans and programs for maintenance and security), a single proposal was presented.

That on that date the "B" (canon and fare) was also received, which was reserved in the possession of the General Registry of the Government of the Nation until the opportunity of its opening on 21 July 1992.

That the Evaluating Commission created by Article 20 of the fold produced the opinions corresponding to the "A" and "B" envelopes, concluding in both cases in which the offer formulated meets the formal and substantial requirements required by the Base and Conditions fold.

That in the light of the requirements of the bidder, the Evaluating Commission preadjudicated the concession of the terminal elevator sito in the port of Buenos Aires to the only offerer presented.

That the bidding procedure was conducted in accordance with the principles of equality, publicity and competition, and therefore does not deserve any objection.

There are no pending challenges to resolution.

That the TRIBUNAL OF NATIONAL ACCOUNTS has taken the intervention is within the scope of article 20 of Act No. 23,696.

That the present measure is determined by virtue of the powers conferred by article 86, paragraph 1, of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 — Agreed to the concession of the operation of the terminal elevator located in the Port of Buenos Aires, belonging to the NATIONAL BOARD OF GREATS IN LIQUIDATION, under the regime of public service, to the consortium composed of the BOLSA DE BUENOS AIRES, the CENTRO OF CREENTRAL ACOPIADORES, the CENTRE OF CORREDORES AND S. A. C. A. F. el., MERCADO A TERMINO DE BUENOS AIRES y TAGSA, TRANSPORTADORA y ALMACENADORA A GRANEL S. A. C. y F.

Art. 2° — The award referred to in the previous article is made for the exploitation of the elevator by the term of TREINTA (30) years, the concessionaire is obliged to charge a maximum rate of THREE DOLARES STADOUNIDENSES (US 3,00) per tonne in a whole according to the modalities provided for in the contractual documentation and to pay the bidder, in place, form and fixed opportunities

Art. 3° — The signing of the concession contract shall take place between 26 October and 25 November 1992, at a time when the awarding contract shall be communicated in earnest to the awarding consortium, which must constitute the guarantee of performance of the contract with no less than CINCO (5) days in advance of the date set, pursuant to article 32 of the Base and Conditions.

Art. 4° — Make known to the Bicameral Commission established within the framework of the HONORABLE CONGRESS OF NATION by article 14 of Law 23.696.

Art. 3° — Contact, post, give to the National Directorate of the Official Register and archvese. - MENEM. - Domingo F. Cavallo.

NOTE: The present publication replaces the one made in the 17.11.92 edition (p. 3 and 4) because it was published with compagination errors.