Lei No , de 30 de dezembro de , available at: Ato//Lei/Lhtm>. An English version. O Programa de Aceleração do Crescimento e as Obras de Infraestrutura Urbana. Retrieved from EPL – Empresa de Planejamento e Logística S.A.. the original version in Portuguese: htm.
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The penalties provided for in Decree-Lawdated December 7th, — Criminal Code, in Lawdated June 2nd, — Administrative Misconduct Law, in Lawdated October 19th, – Fiscal Crimes Law, in Decree- Lawdated February 27th,and in Lawdated April 10th,shall apply to public-private partnerships, notwithstanding the financial penalties provided for in contract.
I — the Ministry of Planning, Budget and Management, with regard to the merit of the project. V — its object is included in the Lwi Plan in effect within the scope leii the conclusion of the contract.
The following guidelines shall be observed when contracting public-private partnerships:. The invitation to tender may allow a reverse bidding procedure, in which the 110779 award stage precedes the qualifying stage. The dissolution of the FGP, as decided by the board of quotaholders, shall be subject to prior settlement in full of the guaranteed obligations or the release of guarantees by the creditors.
I — definition of priority services to be procured in the public-private partnership format; II — establishment of procurement procedures; III — authorization for opening bidding processes and approval of invitations to tender; IV — evaluation of contract dw reports. I — requirement of bid bond, subject to the limit established in item III of article. III — obtaining surety bonds from insurance companies not controlled by ldi state. IV — granting of rights over real estate owned by the government.
III — the invitation to tender shall define the form for presenting the proposals, allowing the following formats:. IV — guarantees granted by international organizations or by financial institutions not controlled by the state. The payments from the Public Administration to the private partner in public-private partnership contracts ve take the form of:. III — 200 the bidder who made the best offer is not qualified, the qualification documents of the second best proposal shall be examined, and so forth, until a classified bidder complies with the requirements established in the invitation to tender.
IV — the forms of remuneration and adjustment of contractual values. III — statement by the party responsible for authorizing the expenditure that the obligations undertaken by the Public Administration in a partnership contract are in line with the Budget Guidelines Law and have been considered in the Annual Budget Law.
The clauses of public-private partnership contracts shall be in accordance with the provisions of art. IV — the invitation to tender may allow bidders to amend proposals in order to rectify faults, insufficiencies or yet make corrections of a formal nature during the course of the proceedings, provided bidders are able to comply with the requirements within the time period established in the invitation to tender.
I — attachment of revenues, subject to the provisions of item IV of art. IX — the sharing with the Public Administration of the economic gains of the dr partner resulting from the reduction of credit risk related to the funding contracted by the private partner.
The National Treasury Office shall publish, in accordance with the appropriate legislation, general norms regarding public accounts in relation to public-private partnership contracts.
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Administrative concessions shall be regulated by this Law and additionally by art. III — authorization for opening bidding processes and approval of invitations to tender. This Law shall apply to entities of the direct Public Administration, special funds, agencies, public foundations, state-owned enterprises, corporations with mixed public and private capital and other entities that are directly or indirectly controlled by the Federal Government, States, Federal District and Municipalities.
IV — upon announcement of the final result of the bidding process, the contract shall be awarded to the winner, in accordance with the technical and economic conditions proposed.
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I — the bids in the open outcry auction shall always be submitted in the reverse order of classification of the written proposals and the invitation to tender shall not limit the number of bids. I – collateral in cash or government bonds, which must have been issued in book entry form, by registration in a central system for settlement and custody authorized by the Central Bank ,ei Brazil and appraised at their economic value, as defined by the Lej of Finance; I — the contract award may be preceded by a qualifying stage of technical proposals, in which bidders that do not attain a minimum number of points are disqualified, not taking part in the subsequent stages.
VI — trust funds settled by 0204 FGP to provide guarantees to the private partners. I — authorization by the public authority, based on a technical study that shall demonstrate: The opening of the bidding process requires:.
The FGP shall be created, administered, managed and represented by a financial institution controlled by the Federal Government, subject to the rules referred to in item XXII of article.
II — respect for the interests and rights of service users and of private entities responsible for service provision. This Law establishes general norms for public-private partnership tenders and contracts within the Federal Government, States, Federal District and Municipalities. I — bank draft; II — assignment of non-tax credits; III — granting of rights against the Public Administration; IV — oei of rights over real estate owned by the government; V — other means permitted by law.
II — the Ministry of Finance, with regard to the lfi of granting public payment guarantees and their form, relative to the risks for the National Treasury and compliance with the limit set forth in art. III — the use of private mechanisms for dispute resolution, 10179 arbitration, to be conducted in Brazil and in the Portuguese leu, according to Law20004 September 23rd,1107 order to resolve conflicts that may arise in relation to the contract.
Any questions arising from the translated text should be clarified by consulting the original version in Portuguese: V — other contracts that produce the effect of a guarantee, provided they do not transfer the ownership or direct possession of the FGP assets to the private partner before the execution of the guarantee.
VII — the objective criteria for evaluating the performance of the private partner. II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government. IV — evaluation of contract performance reports. III — the sharing of risks among the parties, including those that refer to acts of God, force majeure, acts of State and unforeseeable events.
III — the sole scope of the contract is the supply of labor, the supply and installation of equipment or the execution of public works. I — Ministry of Planning, Budget and Management, which shall be responsible for coordinating the activities. I — definition of priority services to be procured in the public-private partnership format.
I — efficiency in the fulfillment of the missions pei the State and in the use of public resources. The guarantees of the FGP to each quotaholder shall be made in proportion to the value of his quotas. I — authorization by the public authority, based on a technical study that shall demonstrate:.
Before contract execution, bidders must set up a special purpose entity, which shall be responsible for implementing and managing the project. Public-private partnerships shall be procured by competitive public bidding. Brasilia, December 30th, The competitive tendering for contracting public-private partnerships shall comply with the procedures set forth in the 200 that regulates tenders and administrative contracts and also the following:.
The redemption price shall be determined based on the equity value of the FGP on the date of redemption. The payment provided by the Public Administration shall obligatorily be preceded by service delivery.