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 invitation to tender shall define the form for presenting the proposals, allowing the following formats:.
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 — the contract award may adopt the following criteria, in addition to those provided for in items I and V of article.
V — its object is included in the Multi-Year Plan in effect within the scope of the conclusion of the contract. 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.
The payment obligations undertaken by the Public Administration under a public-private partnership contract may be guaranteed by:. The FGP shall not pay any dividends to its quotaholders. VI — trust funds settled by the FGP to provide guarantees to the private partners.
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The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of:. 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. II — the possibility that public sector payment can be made directly to project funders.
The invitation to tender may allow a reverse bidding procedure, in which the contract award stage precedes the qualifying stage. This is a free translation offered only as a convenience to support foreign investors. leei
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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. 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.
I — the Ministry of Planning, Budget and Management, with regard to the merit of the project. II — dde of budgetary and financial impact in the periods in which the public-private partnership contract shall be in effect. The opening of the bidding process dde. The trust funds assets will not be subject to search and seizure resulting from other obligations of the FGP.
I – collateral in cash or government llei, 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 110799 by the Ministry of Finance; 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.
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.
FEDERAL LAW N. – EPL – Empresa de Planejamento e Logística S.A.
The following guidelines shall be observed when contracting public-private partnerships:. 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.
Any questions arising from the translated text should be clarified by consulting the original version in Portuguese: III — the sharing of risks among the parties, including those that refer to acts of God, force majeure, acts of State and unforeseeable events.
II — the penalties applicable to the Public Administration and to the private partner 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 assumed. III — granting of rights against the Public Administration.
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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.
I — definition of priority services to be procured in the public-private partnership format. Public-private partnerships shall be procured by competitive public bidding.
Brasilia, December 30th, IV — the forms of remuneration and adjustment of contractual values. I — authorization by the public authority, based on a technical study that shall demonstrate:. The invitation to tender shall specify, when applicable, the payment guarantees to dee granted by the public sector to the private partner.
III — the sole scope of the contract is the supply of labor, the supply and installation of equipment or the execution of public works. IV — evaluation of contract performance reports. I — the bids in the open outcry auction pei 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.
A public-private partnership is a concession contract, in the sponsored or administrative forms. 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.