LEI 11079 DE 2004 PDF

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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III — the sole scope of the contract is the supply of labor, the supply and installation of equipment or the execution of public works. The National Monetary Council shall establish, in accordance with the appropriate legislation, guidelines for the concession of credit facilities for financing public-private partnership projects, as well as for the participation of pension funds in funding partnership contracts. IV — the forms of remuneration and adjustment of contractual values.

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.

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V — its object is included in the Multi-Year Plan in effect within the scope of the conclusion of the contract. I — definition lfi 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 performance reports.

The FGP shall be created, administered, 11097 and represented by a financial institution controlled by the Federal Government, subject to the rules referred to in item XXII of article.

The invitation to tender may allow a reverse bidding procedure, in which the contract award stage precedes the qualifying stage. The National Treasury Office le publish, in accordance with the appropriate legislation, general norms regarding public accounts in relation to public-private partnership contracts. V — the mechanisms to preserve the nature of the service provision. The trust funds assets will not be subject to search and seizure resulting from other obligations of the FGP.

I — definition of priority services to be procured in the public-private partnership format. The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of: III — the legitimacy of project funders to receive compensation for early termination of the contract, as well as payments made by funds and state-owned enterprises acting as guarantors of public-private partnerships. 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.

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The constitution of trust funds shall be registered by a Real Estate Notary in the case of real estate or by a Regular Public Notary in the case of other types of assets. II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government.

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.

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 of Brazil and appraised at their economic value, as defined by the Ministry of Finance; IV — fiduciary transfer of ownership, remaining the possession of the assets, until execution of the guarantees, with the FGP or with a trustee contracted by the Fund.

VI — the facts that trigger public sector payment default, the means and terms for reestablishing the payment stream and, if applicable, the form by which guarantees are enforced. I — authorization by the public authority, based on a technical study that shall demonstrate:. V — guarantees provided by a guarantee fund or by a state-owned enterprise set up for this purpose. The following guidelines shall be observed when contracting public-private partnerships: III — the use of private mechanisms for dispute resolution, including arbitration, to be conducted in Brazil and in the Portuguese language, according to Lawdated September 23rd,in order to resolve conflicts that may arise in relation to the contract.

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.

VI — trust funds settled by the FGP to provide guarantees to the private partners. III — if 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. This Law shall be in effect from the date of its publication.

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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.

The opening of the bidding process requires: VI — submission of the draft invitation to tender and the draft contract to public consultation, which should be advertised in the official press, in newspapers of general circulation and in electronic media, informing the arguments for contracting a partnership, the scope and term of contract, its estimated value, setting a minimum period of 30 thirty days for comments and suggestions, which shall end at least 7 seven days prior to the scheduled date for publishing the invitation to tender; and VII — prior environmental license or release of guidelines for the environmental licensing of the project, as required by regulation.

IV — guarantees granted by international organizations or by financial institutions not controlled by the state. According to the terms of the contract, the Public Administration may pay the 11079 sector leo for the portion of the service that is made available.

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re II — the possibility that public sector payment can be made directly to project funders. The contract may stipulate a variable payment to the private partner linked to its performance, which shall be assessed against required quality and availability standards.

Before contract execution, bidders must set up a special purpose entity, which shall be responsible for implementing and managing the project.

111079 — non-delegation of regulatory and jurisdictional functions, as well as the exercise of enforcement powers and other State activities. Taking into account the guarantees already granted and other obligations, the FGP shall not provide guarantees with a net present value that exceeds the total value of its assets.