Please note that the construction, maintenance, administration and exploitation of the Autopista Parque Presidente Perón, will be granted under the system of Public Work for Toll concession, in the framework of Law No. 17.520 and its amendment 23.696.
Bs. As., 22/4/97
VISTO Issue No. 561-025613/96 of the record of the MINISTERY of ECONOMY and ARTWS and PUBLIC SERVICEs and Law No. 17.520, amended by its similar No.23.696, and
That at the National Cabinet meeting held on January 25, 1999, the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICOS promoted the construction of a PARQUE AUTOPIST called PERON CHAIRMAN, which will integrate the RED DE ACCESOS TO THE CIUDAD OF GOOD AIRES.
That the construction of the proposed Autopista, aimed at connecting the Accesses to the City of Buenos Aires, acquires singular importance in the current process of transformation of the economy, attentive its direct and beneficial influence on the productive activity and well-being of the population.
That the physical connection between the aforementioned Accesses to the City of Buenos Aires will allow the transit that is approaching through the radial tracks to prevent the entry to the central areas, choosing perimeter paths to the Metropolitan Area, towards its final destination.
That the construction of the AUTOPISTA PARQUE PRESIDENT PERON will facilitate the interconnection of nearby populations, avoiding extensive routes through the radial tracks, overcoming the current limitations of Provincial Route No. 4, which by its characteristics of urban route with traffic lights hinders the transit of heavy vehicles and has a degree of pollution and relevant insecurity. AUTOPISTA PARQUE PRESIDENT PERON will also overcome the functionality of Provincial Route No. 6, which is relatively distant from the City of Buenos Aires.
That the route of this highway will allow better use of the soil, facilitating the population and productive settlement and the exit to the Metropolitan Area of the agricultural production of the nearby.
That the road work will be integrated along its path with other areas that will contribute to environmental, forestry and recreational improvement by forming a green belt in the Metropolitan Area.
That the construction of a "self-park" has, among its main characteristics, the implantation of forests in order to constitute a plant mass that minimizes the impact on the environment. This will set up a large green lung for the Metrópoli, promoting sustainable development throughout the motorway environment.
That the AUTOPIST PARQUE PRESIDENT PERON will prevent the intense traffic of MERCOSUR from entering the City of Buenos Aires allowing, from the construction of the BUENOS AIRES PUENTE - COLONIA, its connection with the ORIENTAL REPUBLIC OF URUGUAY.
That Law No. 17.520, as amended by its similar No. 23.696, allows the construction, maintenance, administration and exploitation of a work of the characteristics of the above mentioned, to be increased through the regime of the granting of public works with the payment of toll, an open bidding procedure should be promoted to this end in order to select future concessionaries.
The pre-factibility studies have been carried out from the technical and economic point of view - financial, and the Preliminary Technical Preliminary Project, the Billibility Analysis, the Environmental Impact Study, the User Benefits Study and other complementary studies have been developed.
It is worth reaffirming the fundamental premises on which the public works concession system has been established with the payment of tolls, especially those that highlight the nature of business risk of the contract, the granting of payment of the toll rate after the completion of the most significant work and the setting of retributive tariff values of the improvements that the users receive.
That the concession shall be subject to the regulatory framework of the RED OF ACCESS TO THE CIUDAD OF GOOD AIRES approved by Decree No. 1.994 of 23 September of 1.993, with the modifications that it is deemed necessary to introduce it.
In view of the importance of such a work, it is appropriate to authorize the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES to make the call to National and International Public Litigation in the shortest time allowed by the rigorous procedures.
That he has taken the intervention of the General Directorate of Political Affairs of the MINISTERY of ECONOMY and ARTWORKS and PUBLIC SERVICES.
That the present measure is in exercise of the powers conferred by Act No. 17.520, as amended by Act No. 23.696, and by Article 99 (1) of the NATIONAL CONSTITUTION.
OF ARGENTINA NATION
Article 1-Please note that the construction, maintenance, administration and exploitation of the CHAIRMAN PERON AUTOPISTA will be granted under the system of Public Work Granting by Toll within the framework of Law No. 17.520, as amended by its similar No. 23.696, and in accordance with the guidelines of this decree.
Art. 2°-Incorporate the AUTOPIST PARQUE PRESIDENT PERON to the RED OF ACCESS TO THE CIUDAD OF GOOD AIRES, created by Decree No. 2.637 of December 29,992. The Autopista integrates the main route, the existing roads and complementary works or to be built that are determined in Annex I to this decree and complementary to the environmental reserve areas, wooded, patched and recreational areas that are determined in the project.
Art. 3°-AUTOPISTA PARQUE PRESIDENT PERON shall be granted in concession through National and International Public Litigation in accordance with the provisions of Act No. 17.520, as amended by Act No. 23.696, and must also be in accordance with the following guidelines:
(a) The value of the toll rate to be paid by the user shall not exceed the average economic value of the service offered, in accordance with Article 3(1) of Law No. 17.520, as amended by its similar No. 23.696, and its collection shall be initiated after the execution of works that secure such service. In the event that partial qualifications are authorized, the fare must be proportional to investments made.
(b) The Application Authority shall determine the modality of the Concession, as provided for in article 2 of Act No. 17.520, as amended by its similar No. 23.696.
It shall also establish how the concessionaire shall comply with the obligation set out in the final paragraph of Article 3 of the same law.
(c) The Application Authority shall approve the Litigation Pledge. Such submissions should include the necessary mechanisms to evaluate the offers and select the concessionaire within a framework of transparency that will allow the proponents the widest participation in the process and wide access to previous studies, information and bidding documentation.
(d) The Authority of Application may incorporate into the concession that is tendered, in specific sections, the total or partial execution of the object indicated in Article 1 of the present, without the right to collect toll, being able to delegate in whole or in part to the SECRETARIAN ARTWORKS PUBLICS AND TRANSPORTS of the MINISTERY OF ECONOMY AND OURS AND SERVICES PUBLICOS has the power to set the technical, financial and/or tariff parameters to which the proponents will have to adjust when preparing their offers.
(e) The procedure for calling Licitation, qualifying bidders, evaluating offers and selecting the offeror will be carried out by the SECRETARIAT OF ARTWORKS PUBLICS AND TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, through the Special Commission of Licitation that designates the effect.
(f) Faccinate the SECRETARIAT OF PUBLIC AND TRANSPORT MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS to declare the impact on the public domain of the plots required for the fulfillment of the present; they may entrust the implementation of the necessary arrangements and procedures for the acquisition, expropriation, and release of the relevant areas in the agency that determines or in the concessionaire itself, in accordance with the provisions of Law N°21.499.
(g) SECRETARIAT OF PUBLIC AND TRANSPORT MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS is empowered to include in the project all actions that contribute to the improvement of the environment and the preservation of ecological balance through the promotion of forest, landscape and other enterprises that it deems appropriate.
(h) The concessionaire shall be constituted in the form of an anonymous company, which shall be audited by a first-level consultant.
(i) No regime will be applied that favors the acquisition of goods or services of local origin (Article 10 of Law No.23.969).
(j) Where the Selected Postulant has among its members construction companies, service providers or suppliers of goods, the concessionaire may directly engage with them the execution of works, the provision of services or the provision of goods as appropriate.
(k) When the concessionaire engages with third parties not members of the Postulant Selected the construction, the provision of goods or the provision of services, it will employ procedures that safeguard the transparency and consistency of selection processes. Such procedures should be communicated sufficiently in advance to the CONTROL BODY referred to in Article 12, so that it may observe or approve them.
In the event that a shareholder of the concessionaire was an offerer, the provisions of Articles 248 and 272 of Act No. 19.550 and its amendments should be noted.
Art. 4°-The resources of the concession will come from the toll rates and the remaining collateral activities that are authorized.
The concession to be granted shall not have financial contributions, guarantees or guarantees to be provided by the National State, shall not have tax benefits or minimum income or transit insured. The concession will be for all purposes a risk contract.
During the period of operation of the Concession, periodic revisions of the transit projections may be made to analyse the future consequences of any changes that may have occurred.
Art. 5°-The Licitation shall establish that the most significant work shall be carried out within the first years of the contract.
Art. 6°-The perception of the rate will proceed only after the completion of the work that has been previously imposed.
In cases not provided for in the preceding paragraph, where the characteristics of the works permit partial qualifications, the perception of a fee may be authorized to be proportional to the total investments made in the Autopist.
Art. 7°-Once all of the works are enabled, the rate to be paid by the user cannot exceed the average economic value of the services provided. The concession contract will ensure respect for the tariff regime agreed throughout the concession period.
Art. 8°-The Implementation Authority should consider the widest exercise of the information rights and requests of users.
Art. 9°-The tender schedule is described in Annex II of the present. Please refer to the SECRETARIAT for PUBLIC AND TRANSPORT MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES to make adjustments to that timetable according to the needs arising during the development of the Licitation. It is also empowered to establish particular timetables for the cases mentioned in the last part of Article 2 of the present.
Art. 10.- The MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES shall be the Authority for the Application of this Decree, being expressly entitled to approve the bidding documentation, make the call to National and International Public Litigation and to approve and subscribe "ad referendum" of the NATIONAL EXECUTIVE PODER, the text of the Agreement.
Art. 11.- The Regulatory Framework approved by Decree No. 1,994 of 23 September 1,993 will be applicable to the PARQUE PRESIDENT AUTOPISTA.
Art. 12.- The Office of the Comptroller of the ACCESS RED CONCESIONS TO THE CIUDAD OF BUENOS AIRES-OCRABA-decentralised organization created within the scope of the SECRETARIAT OF PUBLICS AND TRANSPORT. will be the body responsible for carrying out with the character of the Control Organ, the tasks of supervision and the Controller of the Concession Contract.
Art. 13.- SECRETARIAT OF PUBLIC AND TRANSPORT MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS expressly empowers:
(a) To establish the Special Commission on Litigation for compliance with Article 3 (e) of the present;
(b) To subscribe with the PROVINCIA OF GOOD AIRES all the agreements and agreements necessary for the integral implementation of the project;
c) to incorporate into the AUTOPISTA PARQUE PRESIDENT PERON new layouts, built or built, foresee its streets, connection paths and infrastructure. In the event of the incorporation of channels of provincial or municipal jurisdiction, it shall be agreed with the respective authorities and with third concessionaries, if any.
(d) Recruit legal, economic, financial and national and international consultancy services that it deems necessary for the performance of its functions.
Art. 14.-Communicate, publish, give to the National Directorate of the Official Register and archívese.-MENEM.-Jorge A. Rodríguez.-Roque B. Fernández.-Carlos V. Corach.
PRINCIPAL RUTA, CAMINOS, COMPLEMENTARY ARTWORKS, ENVIRONMENTAL RESERVICES AND BOSCOSAS AREAS.
PRINCIPAL RUTE: The Autopist from the intersection of the GOOD AYRE WAY with the ACCESS OESTE to the FEDERAL CAPITAL, to the intersection with the trace of the AUTOPIST BUENOS AIRES - LA PLATA in the vicinity of the VILLA ELISA location, describing its path arc that will link the ACCESS to the CIUDAD of GOOD AIRES, with a length of NOVENTA and CUATRO (94) kilometers.
CAMINOS: Paved roads or land that are determined in the project.
ARTWORKS COMPLEMENTARY: Infrastructure works that are related to the end of the entrepreneurship.
ENVIRONMENTAL RESERVES AND BOSCOSAS AREAS: They are those that are intended for the preservation of the environment and are determined in the project.
CRONOGRAMME OF ACTIONS
Called to National and International Licitation from......24/04/97
Presentation of offers, Selection and signature of the Contract.........11/08/97