Modifies Law-Decree No. 591, 1982, Of The Ministry Of Works Public

Original Language Title: MODIFICA DECRETO CON FUERZA DE LEY N° 591, DE 1982, DEL MINISTERIO DE OBRAS PUBLICAS

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"Article 1-Introducense the following |! |" amendments to the decree with force of law No. 591, |! | in 1982, the Ministry of public works, fixing |! | General rules relating to the execution, |! | repair and maintenance of fiscal public works by |! | the concession system: 1. Agreganse the following subparagraphs second, |! | third, fourth and fifth, new, its article 2: "any natural or legal person may |! |" apply, with the Ministry, the execution of works |! | public through the concession system. The |! | qualification of these nominations shall be resolved by the |! | Ministry of public works, in the form established in the |! | within a year, at most, counted from its |! | presentation.
The applicant must make their presentation in 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 its offer |! | in the bidding for the concession, whose consideration |! | It will be specified in the regulations and bases. "."
2. replace article 5 °, by the following: "article 5.-in the case of public tender |! |" international or national for concessions to |! | carried out in certain border areas in accordance with |! | the law, and before the corresponding call, the |! | President of the Republic shall forward to the Council of |! | National security the background of the tender, |! | so to rule on matters of its |! | competition. "."
3. replace article 7 °, by the following: ' article 7.-the tender for the work matter of |! | " the concession will be resolved evaluating bids, |! | technically acceptable, according to the |! | characteristics of the works, attended the |! | following factors, according to the assessment system |! | established in the bidding rules.
-Tariff level and its structure.
-Minor concession period.
-Minor State subsidy to the offeror or older |! | payments offered by the offeror to the State.
-Lower minimum income guaranteed by the |! | State.
-Commitment of risk assumed by the |! | Offeror with respect to the cost of the project and risks |! | on the farm, such as fortuitous or force |! | wholesale.
-Formula of readjustment of tariffs and their system of |! | review.
-Qualification of other additional services, |! | useful and necessary.
The tariff level offered by the concessionaire |! | It will be understood as maximum rates, so the |! | dealer will be able to reduce it. "."
(4.-Reempláza_se en la letra a) of article 9 the |! | Prayer "the execution, repair or conservation of |! |" public works tax", by the following:" the |! | " execution, repair, preservation and exploitation of |! | fiscal public works".
5 insert, in article 10, among the |! | phrases for"services offered", and "such as |! |" concessions", as follows:" according to establish it the |! | " bases, ", and delete the final part of this article, |! |" It says: "in all case these additional benefits is |! |" they are considered as members of the tariff or subsidy to |! | that referred to in article 7. "."
6. replace article 14 °, by the following: ' article 14.-the guarantees concerning the |! | " This decree with force of law shall be |! | sufficient, and can be both real and personal. |!| Their nature and amount will be determined on the basis of |! | tender. "."
7 Introducense the following modifications to the |! | (article 15: to) replace the first paragraph by the following: 'article 15 °. Property and rights it acquires the |! | dealer, at any title, which are suffering a |! | the award, not may be sold separately from |! | This, mortgaged, or subject to any liens |! | species, without the consent of the Ministry of works |! | Public, and will tax domain at the end of the |! | concession. "(, y b) delete the second paragraph."
8. replace article 16 °, by the following: ' article 16.-when for the execution of the works |! | " in granting the modification proves indispensable de |! | existing easements, the concessionaire will be |! | forced to restore them, in charge, in the form and |! | deadline established by the Ministerio de Obras Públicas |! | on the bases of the invitation to tender. "."
9. replace article 19 °, by the following: ' article 19.-the Ministry of public works |! | " You may change for reasons of public interest, the |! | features of the works and services contracted and, |! | as consequence, fees and subsidies agreed.
The bases of the invitation to tender shall 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.
The modification that is appropriate will be made |! | by Supreme Decree of the ministries of works |! | Public and finance. "."
10 Introducense the following modifications to the |! | (article 21: to) replace the first paragraph with the following: "article 21.-from the improvement of the |! |" contract and with the authorization of the Ministry of works |! | Public, the licensee may transfer the concession |! | and also, under the same conditions, will constitute its |! | income guarantee of obligations of the |! | same award and his exploitation. "(, y b) added as third subparagraph, the following, |! |" New: "the concessionaire will maintain the obligation to comply |! |" fully the contract on such terms and conditions |! | established, even if delivered in full warranty or |! | partial income derived from the contract of |! | Award. "."
11 - added, with the N ° 2 of article 22, to |! | continuation of the dot (.), which becomes point |! | (.) followed, the following: "However, the Treasury will attend to the payment of the |! |" damages that irrogue fortuitous or force |! | more, if so provide it the bases of the |! | tender. "."
12, replace in no. 2 of article 23, the |! | Letter b) with the following: "b) lend it without interruption, except situations |! |" exceptional, due to unforeseen circumstances or force majeure, |! | whose effects will be qualified by the Contracting Parties, |! | agreeing the measures that are necessary to achieve |! | the faster and more efficient resumption of service. The |! | value of the work shall be agreed between the Contracting Parties |! | and, in the absence of agreement, the parties may resort to a |! | expertise which will determine, adjusting to what indicate |! | the basis of bidding, qualification, measures or |! | evaluation, as the case may be. Will be attended by the parties to the |! | payment of the price according to the terms of the contract of |! | Award."
"13. replace, in article 29, the expression |! |" corresponding", written between the words" the |! | " Address"and"it is empowered", by the following:" relevant, prior favorable pronouncement of the |! | " Conciliatory Commission referred to in article |! | 36 °, "."
14 repealed article 35.
15. replace article 36 ° by the following: ' article 36.-disputes that, on the occasion of |! | " the interpretation or application of the contract, be |! | generated between the Ministry of public works and the |! | dealer, can soar to the knowledge of a |! | Commission conciliatory, which will be integrated by a |! | University professional appointed by the Minister of |! | Public works, a designated University professional |! | by the dealer and a University professional |! | mombrado by common agreement by the parties, who the |! | He will chair. In the absence of agreement, this will be designated by |! | the President of the Court of appeals of Santiago. Thing |! | foregoing is without prejudice to the powers of the power |! | Court and the Office of the Comptroller General.
This Committee may know, also, all |! | claim that the execution may result from the |! | contract, as in the case of serious disruptions of the |! | conditions in which it was established. The claim is |! | It shall submit to the Commission within the time limit of thirty |! | days, counted from the date of the event that motivates it.
The Commission shall fix its standards and procedures and |! | He will seek conciliation between the parties, for which |! | You can make recommendations and propositions of |! | compromise.
Without limiting the foregoing, when the Ministry |! | Public works request the Declaration of the |! | extinction of the concession, under the grounds of |! | the N ° s. 2, 3, 5 and 6 of article 27, the concessionaire |! | You can claim against this decision before the Committee |! | Conciliatory, within the term of 15 days, |! | from the respective notification.
The Commission must resolve within thirty |! | days. If not conciliation, the Ministry will issue |! | a resolution to declare the extinction of the |! | concession, which will not produce effects as is |! | find pending deadline for the appeals |! | referred to in the following subparagraph.
The resolution will be claimable in the Court of |! | Santiago appeals, claims that will be processed |! | in accordance with the procedure laid down in articles |! | 69 to 71 of the law N ° 18.840, constitutional organic |! | the Central Bank of Chile, and to the provisions which are |! | They point out below: 1.-the deadline for the appeal be counted |! | Since the notification of the decision to the concessionaire;
2 won't be enforceable provision ballot;
3. If welcomes processing the claim, the |! | transfer will be given to the Director-General of public works, |! | and
4. If after one year from interposer |! | the claim, there is no court ruling rendered, |! | It empowers the Treasury, through the Ministry of works |! | Public, to intervene the concession.
The rules governing the intervention be |! | they will establish a regulation that must be approved |! | by Supreme Decree issued through the Ministry of |! | Public works."