Bs. As., 15/9/93
VISTO Decree No. 1339 of 25 June 1993 and
In order to meet the objectives set out in the above-mentioned rule, it is appropriate to introduce clarifications to the scheme of renegotiation of authorized contracts and to adjust the time frames, to the technical possibilities of obtaining the base information necessary to proceed as provided.
For its part, it is necessary to specify the scope of Decree No. 2289 of 2 December 1992, so that its application is not contrary to contractual, regulatory or legal rules that may oppose it in an inadequate interpretation of the Decree.
It is also necessary to define the body that will act as an Interpretation and Application Authority.
That the approved text should therefore be reworked, replacing it with a new rule inspired by the same public purpose that inspires Decree No. 1339/93, which for reasons of good normative technique should be repealed.
That the present measure is in exercise of the powers under article 86, paragraph 2 of the NATIONAL CONSTITUTION.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 es Authorize the MINISTERS of the NATIONAL EXECUTIVE PODER and the SECRETARY-GENERAL of the PRESIDENCE OF THE NATION to agree on new prices in public works contracts as at 1 July 1993, applicable to the benefits to be met from the date, in accordance with the corresponding investment plan, provided the following conditions apply:
(a) That the opening of the economic supply took place before 20 March 1991;
(b) that the contract prices have not been renegotiated after 20 March 1991 and that they do not recognize additional costs directly or indirectly;
(c) That the amount of work carried out as at 1 July 1993 shall be equal to or greater than CINCUENTA BY CIENTO (50 per cent) of the planned investment, without prejudice to the penalties that may correspond;
(d) that contractors adhere to the regime established in the present decree within TEN (10) days of publication of the methodology and guidelines for its implementation;
(e) that the contractors expressly waive any right, action or claim for cause prior to the month of July 1993, which they have filed or intervened in the future, on the occasion of the paralysis or semiparalization in which the works are located.Art. 2o . The authorities mentioned in the preceding article shall in each case establish the incorporation, under the terms of this Decree, of those contractors that do not comply with the requirement set out in subparagraph (c) of the previous article, for reasons directly attributable to the National Public Service or for natural facts constituting a fortuitous case, although meeting the remaining requirements. Art. 3o Los The new prices will be determined according to the guidelines and methodology provided by the SECRETARIAT OF ARTWORKS AND COMMUNICATIONS of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS based on the criteria set out in articles 3 (a, b and c) and 4 of the Decree No. 1312 of 24 June 1993, except for the benefits, general expenses, financial costs and any other concept that integrates the cost of production, which will keep in the new price the same nominal amounts set in the approved and current price analysis as at 1 April 1991, which will remain fixed and unmovable until the end of the contract. Art. 4o Los The new prices that are agreed upon in accordance with the provisions of the present, will be redeterminable annually under the conditions provided for in the Decree No. 1312 of 24 June 1993, which shall become part of the contractual documentation, except as to whether such re-determination may be effected after the end of UN (1) year from 1 July 1993, and excluding the application of the penultimate paragraph of article 3 of the said Decree. Art. 5o . The Contracting Agencies will carry out the Acts New Prices Agreement, ad-referendum of the competent MINISTER or SECRETARY-GENERAL of the NATION PRESIDENCE, within the SESENTA (60) days counted since the publication of the methodology and guidelines for the implementation of this Decree. This time limit shall be expired without an agreement with the contractor, the necessary measures must be immediately available to normalize the pace of execution of the work, with the effects corresponding to the factual situation in which the works are located and the provisions of the rules, including termination of the contract if appropriate, with the effects applicable to each case. Art. 6th . Please note that Decree No. 2289 of 2 December 1992 applies only to those debts updated until 1 April 1991 by the indexing method provided for by Laws No. 21.391, No. 21,392 and any other legal, regulatory or contractual norm analogous, and supplemental in all other cases where there are no special legal, regulatory or contractual rules that have provided another interest rate. Art. 7o . This Decree will apply to the National Public Service, centralized and decentralized, inviting the Provinces and the MUNICIPALITY of the AIRES CITY to dictate similar rules in its jurisdiction. Art. 8o El The MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, will act as the Interpretation and Application Authority of Decree No. 1312/93 and of the present. Art. 9th . Default of Decree No. 1339 of 25 June 1993 and leave without effect Resolution No. 154/93 of the SECRETARIAT OF PUBLIC AND COMMUNICATIONS. Art. 10. . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Domingo F. Cavallo.