Key Benefits:
Bs. As., 30/11/94
VISTO Expediente No. 1843/93 of the registry of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC deSECRETARIA DE TRANSPORTE,, as provided by Decree No. 1019 of 17 May 1993 and
CONSIDERING:
That Article 1 of Decree No. 1019/93 empowered the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, assisted by the SECRETARIAT OF TRANSPORT, to approve the relevant documents and make the call to National and International Public Licitation for the Concession of Port Terminals in NEW PUERTO, City of BUENOS AIRES, REPUBLIC
That the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES through Resolution No. 669, dated 21 June 1993, authorized the SECRETARIAT OF TRANSPORTE to make the call for tendering, at the same time adopting the General Conditions Pliego, the General Technical Pliego and the Particular Technical Pliegos to govern in the contest in question.
That by Resolution No. 878 of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, dated 13 August 1993, aggregations were introduced in the General Technical fold and in the Specific General and Technical Conditions.
That by Resolution No. 898 of the MINISTERY OF ECONOMY AND PUBLIC ARTWS AND SERVICES, dated 20 August 1993, the Advisory Committee was established, provided for in Article 2 of the General Conditions Treaty, inviting the Commission to integrate the same, to the TRANSPORT COMMISSION of the HONORABLE SENATE OF THE NATION, to the HONORIZATION
That the Clarification Circulars were issued in due course to the Pliego, which were notified to those interested in the form of style.
On 16 November 1993, the event of receipt of offers and opening of the About 1.
On 4 February 1994, the receipt of the documentation that was required of the offerers was received by means of the About 1-Bis, contemplated in the General Conditions.
That by Resolution No. 368 of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, dated March 15, 1994, it was decided to prequalify as an offerer for Terminal No 4, of the Licitation in question, the Consortiums: GABRIEL and CIA. S.R.L. - EMPRESA GUILLERMO MARTINEZ S.A. - GREAT PORTUARIOS S.A. - PLATACHART S.A. and IN-TE-FE-MA PORTUARIAN TERMINALS.
That on March 25, 1994, the opening of envelope 2 was proceeded in accordance with the provisions of the Legal Notice.
That by Resolution No. 406 of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, dated March 25, 1994, the GABRIEL and CIA consortium was pre-adjudicated. S.R.L. - EMPRESA GUILLERMO MARTINEZ S.A. - GREAT PORTUARIOS S.A. - PLATACHART S.A.
That by Resolution No. 711 of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, dated June 6, 1994, was awarded Terminal No. 4, of NEW PUERTO - City of BUENOS AIRES - REPUBLIC ARGENTINA al Consortium GABRIEL and CIA. S.R.L. - EMPRESA GUILLERMO MARTINEZ S.A. - GREAT PORTUARIOS S.A. - PLATACHART S.A., composed of the firms: GABRIEL and CIA. S.R.L., EMPRESA GUILLERMO MARTINEZ S.A., GREAT PORTUARIOS S.A. and PLATACHART S.A.
That GABRIEL and CIA signatures. S.R.L., EMPRESA GUILLERMO MARTINEZ S.A., GREAT PORTUARIOS S.A. and PLATACHART S.A., members of the GABRIEL Consortium and CIA. S.R.L. - EMPRESA GUILLERMO MARTINEZ S.A. - GREAT PORTUARIOS S.A. - PLATACHART S.A., requested in due course the exemption provided for in Article 31 of Law No. 19.550 (T. 1984) and its amendments.
That in accordance with the provisions of the General Conditions Agreement, concerning the capital of the Anonymous Concessionary Society, the requested exception is made.
That the proceedings were subject to the intervention of the General SINDICATURA OF NATION, having not deserved the developed bidding process, objections of any kind.
Accordingly, it is up to the approval of all acts rendered within the bidding procedure in a timely manner.
That having subscribed the concession contract of Terminal No. 4 of NEW PUERT - City of BUENOS AIRES - REPUBLIC ARGENTINA, between the Minister of Economics and Public Works and Services and TERMINAL 4 S.A. (in formation) and the members of the official consortium: GABRIEL and CIA. S.R.L. - EMPRESA GUILLERMO MARTINEZ S.A. - GREAT PORTUARIOS S.A. - PLATACHART S.A., "ad referendum" of the NATIONAL EXECUTIVE PODER, it is necessary to arrange for its approval.
That until the full functioning of the PUERTO NUEVO S.A. ADMINISTRATION society, provided for in Decree No. 769, dated 19 April 1993, must be assigned the control and control tasks of the port concession to the General ADMINISTRATION OF SOCIEDAL PUERTS OF THE STATE (In Liquidation), which will adapt its operation to the general rules of the Pliego.
That the present measure is determined in the use of the powers emanating from Article 99, paragraphs (1) and (2) of the National Constitution, Law No. 23,696 and its Rule Decree No. 1105 of 20 October 1989 and Law No. 24,093 and its Rule Decree No. 769 of 19 April 1993.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1 todo Approved all the actions of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES on the occasion of the National and International Public Litigation for the Concession of Port Terminals in PUERTO NEW de City of BUENOS AIRES de REPUBLIC ARGENTINA, with regard to Terminal No. 4 identified in the concursal process. Art. 2o el Approved the Concession Contract of Terminal No. 4, of NEW PUERTO deCiudad de BUENOS AIRES de REPUBLICA ARGENTINA, who works from fojas 18.167 to fojas 18.189 of the file cited in the VISTO, signed between the Minister of Economics and Works and Public Services and TERMINAL 4 S.A. (In Formation) and the members of the consortium of offererente: GABRIEL and CIA. S.R.L. - EMPRESA GUILLERMO MARTINEZ S.A. - GREAT PORTUARIOS S.A. - PLATACHART S.A., on 27 October 1994. Art. 3o s Except for the awarding firms GABRIEL and CIA. S.R.L., EMPRESA GUILLERMO MARTINEZ S.A., GREAT PORTUARIOS S.A. and PLATACHART S.A., of the limits established by Article 31, first paragraph, of Law No. 19.550 (T. 1984) and its amendments. Art. 4o . Facultase the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, to make the interpretations, clarifications and modifications necessary to make to the Contract of Concession that is approved by this decree. Art. 5o . Please note that until the full functioning of the PUERTO NUEVO S.A. ADMINISTRATION society, provided for in Decree No. 769 of 19 April 1993, the control and control tasks of the port concession, will be exercised by the General ADMINISTRATION OF SOCIED DE PUERTS OF THE STATE (In Liquidation), which will conform to the regulations of the PUG. Art. 6th . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Domingo F. Cavallo.