The reduction of the guarantees in the procedures (provisional) and in the contracts (definitive) of tenders

In fact, the new law expressly provides that the relative reduction in amount (30% or 20%) can be combined with that “of which in the first period”, i.e. with the reduction of 50% for ISO 9000. In reality it is necessary to clarify: in fact, in case 2 two reductions are contained in the same second period, and they are linked to each other by the conjunction «or». They are therefore an alternative to the other, since the second case is considered a sort of minus compared to the first. It follows that they cannot be combined with each other, much less both together with the first.

By analogy with the previous cases, since there is no express denial as in the last period, cumulation with the other reductions of the previous periods could be considered possible, however it could seem like a stretch. Therefore, an intervention by the Legislator is hoped for and in the meantime it is suggested that the applicable discipline be included in the tender law bail bonds pittsburgh.

It should be noted that all this applies not only to the provisional deposit, but also to the definitive one (the amount of which is worth 10% of the contractual amount or a higher percentage depending on the discount offered in the tender).

But the real clarifying intervention of the legislator is necessary with regard to the methodology for calculating the accumulations: in fact, it is not clear whether the accumulation of reduction percentages must be absolute (50 + 30 or 20 + 20 + 15, to arrive at 115 or 105 or total disappearance of the deposit … indeed is there anything left!?) or relative (50% of 100, 30% of 50 or 20% of 50, 20% of 35 or 40, 15% of 28 or 32, to reach 23.80% or 27.20% and therefore a maximum reduction of 76.20 or 72.80).

In the writer’s opinion, a relative accumulation seems more logical, at least to avoid the hypothesis of a zero guarantee (absurdly even negative), in order to protect the contracting station both during the tender (provisional guarantee: seriousness of the competitor’s participation ) and during the execution of the contract (definitive guarantee: seriousness of fulfillment of the contractor’s obligations). Moreover, the Code always provides for the presence of the guarantee (provisional and definitive) and only speaks of a reduction of the same but never of the hypothesis in which the guarantee is completely absent.

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