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

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. II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government. I — authorization by the public authority, based on a technical study that shall demonstrate: The payment provided by the Public Administration shall obligatorily be preceded by service delivery.

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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. Administrative concessions shall be leu by 20004 Law and additionally by art. The Ministries and Regulatory Agencies shall be responsible, within their respective jurisdictions, for submitting the invitation to tender to the agency, carrying out the bidding process, monitoring and controlling the public-private partnership contracts.

The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of:. III — the invitation to tender shall define the form for presenting the proposals, allowing the following formats:.

I — requirement of bid bond, subject to the limit established in item III of article. IV — estimate of long-term flow of public funds, necessary for fulfilling, throughout the term of the contract and in each fiscal year, the financial obligations undertaken by the Public Administration.

IV — evaluation of contract performance reports. 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 competitive tendering for contracting public-private partnerships shall comply with the procedures set forth in the legislation that regulates tenders and administrative contracts and also the following:. III — obtaining surety bonds from insurance companies not controlled by the state.

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Any questions arising from the translated text should be clarified by consulting the original version in Portuguese: The competitive tendering for contracting public-private partnerships shall comply with the procedures set forth in the legislation that regulates tenders and administrative contracts and also the following: The opening of the bidding process requires:.

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 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.

A public-private partnership is a concession contract, in the sponsored or administrative forms. IV — granting of rights over real estate owned by the government. The FGP may set up trust funds to provide guarantees to specific private partners.

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II — the contract award may adopt the following criteria, in addition to those provided for in items I and V of article. V — the mechanisms to preserve the nature of the service provision. The clauses of public-private partnership contracts lej be in accordance with the provisions of art. I — authorization by the public authority, based on a technical study that shall demonstrate:.

This Law establishes general norms for public-private partnership tenders and contracts within the Federal Government, States, Federal District and Municipalities. 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.

IX — the sharing with the Public Administration of the economic gains of the private partner resulting from the reduction of credit risk related to the funding contracted by the private partner. The trust funds assets will not be subject to search and seizure resulting from other obligations of the FGP.

III — authorization for opening bidding processes and approval of invitations to tender. I — efficiency in the fulfillment of the missions of the State and in the use of public resources; II — respect for the interests and rights of service users and of private entities responsible for service provision; III — non-delegation of regulatory and jurisdictional functions, as well as the exercise of enforcement powers and other State activities; IV — fiscal responsibility when contracting and implementing partnerships; V — transparency of procedures and decision-making; VI — objective risk sharing among the parties; VII ed financial sustainability and socio-economic benefits of the partnership projects.

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VII — the objective criteria for evaluating the performance of the private partner. V — guarantees provided by a guarantee fund or by a state-owned enterprise set up for this purpose. The dissolution of the FGP, as decided by the board of lek, shall be subject to prior settlement in full of the guaranteed obligations or the release of guarantees by the creditors.

IV — the forms of remuneration and adjustment of contractual values. Public-private partnerships shall be procured by competitive public bidding. I — the requirements and conditions under which the public sector can authorize step-in-rights in favor of the financial institutions that funded the special purpose entity, with the objective of promoting its financial restructuring and ensuring the continuity of service provision, for which purpose item I of the sole paragraph of art.

The Ministries and Regulatory Agencies shall present to the body described in the caput of article. I — attachment of revenues, subject to the provisions of item IV of art.

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.

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III — the sharing of risks among the parties, including those that refer to acts of God, force majeure, acts of State and unforeseeable events. I — the Ministry of Planning, Budget and Management, with regard to the merit of the project; II — the Ministry of Finance, with regard to the viability 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.

V — its object is included in the Multi-Year Plan in effect within the scope of the conclusion of the contract. 1179 following guidelines shall be observed when contracting public-private partnerships:. III — non-delegation of regulatory and jurisdictional functions, as well as the exercise of enforcement powers and other State activities.