Modifies Law-Decree No. 164 Of 1991, Of The Ministry Of Works Public

Original Language Title: MODIFICA DECRETO CON FUERZA DE LEY N° 164, DE 1991, DEL MINISTERIO DE OBRAS PUBLICAS

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
"Sole article.-Introducense the following |! |" amendments to the decree with force of law N ° 164 of |! | 1991, the Ministry of public works: 1. replace article 2 °, with the following: "article 2.-the Ministry of public works will be |! |" the competent body to carry out the actions |! | high schools are relevant, in accordance with |! | the present Decree with force of law and its rules |! | complementary.
Any natural or legal person may apply |! | to the execution of public works Ministry |! | using the concession system. The qualification of |! | These nominations will be resolved by the Ministry of |! | Public works, founded as, within the time limit of a |! | year following their presentation.
The applicant must make the presentation on the |! | form which established the regulations.
The work whose execution in granting approval |! | You must bid within one year from the approval of |! | the request.
The applicant who has given rise to the tender |! | you will be entitled to a prize in the evaluation of the offer |! | to make on the occasion of the tender of the |! | grant, whose consideration will be specified in the |! | Regulation and in the rules. In addition, the Ministry may |! | offer to the applicant, the refund of all or part of |! | the costs of studies which should perform for their |! | proposition. This refund can be made directly |! | by the Ministry of public works if the project |! | not it tenders, or tenders for a system |! | other than the award. In case of tendering is by |! | granted, this refund will be in charge of the |! | successful tenderer of the award, in the manner, mode and time |! | It is established in the Bases of the invitation to tender. The |! | Ministry shall deliver to the applicant a certificate in the |! | which it bears to the successful bidder and will be assessed |! | the amount of refund, which will take Executive merit |! | for all legal purposes. In the event the |! | applicant is awarded the concession, the mode and |! | deadlines to which reimbursement is subject shall be established |! | by the Ministry in the respective contract of |! | Award. "."
2 removed, in article 5, the comma (,) to |! | Figure next to the word "international".
3. replace article 7 °, by the following: ' article 7.-the tender for the work matter of |! | " Award will be decided by evaluating bids |! | technically acceptable, according to the |! | characteristics of the works, attended one or more |! | of the following, depending on the system of |! | evaluation to the Ministerio de Obras Públicas |! | set in the concession:-tariff structure.
-Period of concession.
-Grant from the State to the offeror.
-Payments offered by the offeror to the State.
-Income guaranteed by the State.
-Commitment of risk assumed by the offeror |! | during the construction of the work, such as case |! | fortuitous or force majeure.
-Commitment of risk assumed by the |! | Offeror during the exploitation of the work, such as |! | unforeseen circumstances or force majeure.
-Formula of readjustment of tariffs and their system of |! | review.
-Score in the technical qualification.
-Offer of the opponent's extraordinary amounts of |! | payments to the State or tariff reduction to the user |! | When the return on equity, or assets, |! | defined this in the way established in the bases of the |! | tender or by the opponent, exceeds a percentage |! | preset maximum.
-Qualification of other additional services, |! | useful and necessary.
The offered rates, with its corresponding |! | reset, they will be understood as maximum rates, by thing |! | that the dealer can reduce them.
The definition of these factors and their form of |! | application shall be established by the Ministry of works |! | Public on the basis of the bidding process.
The Director-General of public works, seen |! | good of the Minister of public works, may request a |! | Offerors, prior to the opening of the offer |! | economic, clarifications, corrections for errors of |! | form or omissions and delivery of background, with the |! | order to clarify and specify the correct direction and |! | scope of supply, avoiding to make any |! | disqualified by formal aspects in assessing |! | technique. "."
Added to the end of article 10, point 4 |! | followed (..), as follows: "in cases in which, on the occasion of the |! |" execution of works, the concessionaire recuperare |! | fiscal riparian land that previously |! | occupied by the waters, the Ministry will offer to give |! | in payment the delivery of part of the riparian land |! | prosecutors recovered or other pre existing, joint |! | or alternatively with the remaining benefits |! | established in this law. "."
5 article 15, replaced by the following: "article 15-goods and rights it acquires the |! |" dealer in any capacity, and which are allocated to |! | the award, not may be alienated separately from |! | This, mortgaged, or subject to any liens |! | species, without the consent of the Ministry of works |! | Public, and fiscal domain will extinct is the |! | concession.
In the case of required the expropriation of property and |! | rights required for the construction of works and |! | their complementary services, this will take effect |! | under the Declaration of public utility |! | established in article 105 of the Supreme Decree N ° |! | 294, in 1984, the Ministry of public works, and |! | in accordance with the procedure laid down in the decree with |! | force of law N ° 2.186, 1978.
All disbursements, costs or expense that was |! | arising on the occasion of the acts or contracts that |! | is this article will be in charge of dealer. No |! | However, the Treasury will go totally or partially |! | payment of expropriations, if they so provide it |! | the bases of the invitation to tender. "."
"6 replace, in article 17, |! |" Minister"by"Ministry".
7 article 19, replace by the following: ' article 19.-the Ministry of public works may |! | " modify, for reasons of public interest, the |! | features of the works and services contracted and, |! | as a result, tariffs and subsidies agreed, |! | According to dealer compensation |! | necessary in case of prejudice.
Disputes that may arise between the |! | dealer and the Ministry, regarding the amount of the |! | compensation, will be resolved in accordance to thing |! | designated in article 35.
The bidding rules will establish the form and |! | term in which the licensee may request the |! | review of the tariff system and readjustment formula by |! | causes unexpected which justify it. In the |! | cases in which the bases not contemplaren these materials, |! | disputes that may arise between the parties is |! | they are subject to the provisions of article 35 of this law.
Modifications will be made by Supreme Decree |! | issued by the Ministry of public works, which |! | shall carry, in addition, the signature of the Minister of |! | Hacienda. "."
8 disposed of, in the first paragraph of article 20, |! | the sentence "the bidding rules contemplate a |! |" formula for setting values, in case of |! | future expansion of the contracted works. "."
9 Article 27, replaced by the following: "article 27.-the concession shall terminate by the |! |" following grounds: 1. the deadline for which was granted;
2. serious breach of obligations |! | imposed on the concessionaire;
3. mutual agreement between the Ministry of works |! | Public and dealer, and 4. That is stipulated in the contract of |! | Award. "."
10 Add, in article 28, after point |! | end (..), which happens to be followed dot (.), the |! | Next: "in the event of non-compliance, may impose to the |! |" dealer the penalties and fines that the regulation and |! | the bidding rules set, provided that these |! | they are less than 500 monthly tax units. |!| Without limiting the foregoing, licensee may |! | the mechanisms referred to in article |! | 35 of this Act. "."
11.-added, in number 1 of article 29, to |! | continuation of the semicolon (;), which happens to be eat |! | (,), as follows: "when these are equal or |! |" more than 500 monthly tax units; "."
12 replace the fourth subparagraph of article 35, |! | by the following: ' without prejudice to the above, when the Ministry |! | " Public works request the Declaration of the |! | extinction of the concession, under the grounds of |! | the N ° s. 2 and 4 of article 27, the concessionaire may |! | claim against this decision before the Committee |! | Conciliatory, within the term of 15 days, counted from |! | the respective notification. "."
13 adding, as follows from article 35, the |! | next chapter XI: "chapter XI other provisions article 36.-in the event that the concessionaire suspend |! |" payment of money obligations, or be |! | declared bankrupt, the public works Ministry |! | It may appoint an auditor. This will have all |! | the powers to ensure the maintenance of the o of the |! | subject of the concession services.
Article 37.-in the event of bankruptcy of the concessionaire, |! | the first ordinary general meeting of creditors shall |! | to pronounce, a proposition of the trustee or of two or more |! | creditors, by auction the concession or the |! | effective continuation of the rotation of the concessionaire. Yes no |! | any agreement on any of these matters, |! | It should be the auction of the concession.
For the auction of the concession, the bases of the |! | same shall respect the terms, benefits and |! | the primitive concession contract conditions. The |! | minimum of the positions, in the first auction, may not |! | be less than two-thirds of the investment |! | by the concessionaire, or less than half of such |! | second auction amount. In the absence of bidders is |! | It will be the third auction without minimum.
The award of the grant shall be adjusted to thing |! | laid down in article 21.
In the event that the Board of creditors agreed the |! | effective continuation of the rotation of the concessionaire, this |! | shall be governed by the provisions of article 112 and |! | following of the law N ° 18.175.
Article 38.-for the purposes of this Act, be |! | It means fiscal public works to any good |! | real estate built, repaired, or maintained in Exchange for |! | the temporary concession of exploitation, or collateral |! | national use public or prosecutors intended to |! | develop service areas.
Article 39.-The Ministry of public works will be |! | the only body that will regulate and fix the boundaries |! | maximum and minimum speed on constructed waterways, |! | preserved or repaired by the system of granting of |! | According to this body of law. ".".