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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Before contract execution, bidders must set up a special purpose entity, which shall be responsible for implementing and managing the project. 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. II — the penalties applicable to the Public Administration and to the private 111079 in case of non-compliance with contractual obligations, which shall always be determined proportionately to the magnitude of the offence committed and to the obligations 0204.
This Law establishes general norms for public-private partnership tenders and contracts within the Federal Government, States, Federal District and Municipalities. A public-private partnership is a concession contract, in the sponsored or administrative forms.
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.
This Law shall be in effect from the date of its publication. The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of: 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.
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 guarantees of the FGP to each quotaholder shall be made in proportion to the value of his quotas.
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 performance reports.
The FGP shall not pay any dividends to its quotaholders. The invitation to tender shall specify, when applicable, the payment guarantees to be granted by the public sector 2004 the private partner. The invitation to tender may allow a reverse bidding procedure, in which 10179 contract award stage precedes the qualifying stage.
I — Ministry of Planning, Budget and Management, which shall be responsible for coordinating the activities. The opening of the bidding process requires:.
III — statement by the party lwi 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.
VI — trust funds settled by the FGP to provide guarantees to the private partners.
III — authorization for opening bidding processes and approval of invitations to tender. 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. The FGP may set up trust funds to provide guarantees to specific private partners. Public-private partnerships shall be procured by competitive public bidding.
II — respect for the interests and rights of service users and of private entities responsible for service provision. The quotaholders shall have the right to make full or partial redemptions of quotas, corresponding to equity as yet unused for the concession of guarantees. 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.
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The opening of the bidding process requires: 204 clauses of public-private partnership contracts shall be in accordance with the provisions of art. I – collateral in cash or government bonds, which must have been issued in book entry form, by registration in 11709 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; I — bank draft; II — assignment of non-tax credits; III — granting of rights against the Public Administration; IV — granting of rights over real estate owned by the government; V — other means permitted by law.
II — the contract award may adopt the following criteria, in addition to those provided for in items I and V of article. 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.
FEDERAL LAW N. – EPL – Empresa de Planejamento e Logística S.A.
II — the possibility that public sector payment can be made directly to project funders. I — authorization by the public authority, based on a technical study that shall demonstrate:. The penalties provided 1079 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.
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.
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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. I — requirement of bid bond, subject to the limit established in item III of article. Administrative concessions shall be regulated by this Law and additionally by art.
Brasilia, December 30th, 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: 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.
II — after compliance with the requirements of the invitation to tender has been attested, the bidder who made the best offer shall be declared winner.
IV — granting of rights over real estate owned by the government. The National Treasury Office shall publish, in accordance with the appropriate legislation, general norms regarding public accounts in relation to public-private partnership contracts.