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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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.
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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. III — the invitation to tender shall define the form for presenting the proposals, allowing the following formats:.
The FGP may set up trust funds to provide guarantees to specific private partners. 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.
The guarantees of the FGP to each quotaholder shall be made in proportion to the value of his quotas. 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.
III — authorization for opening bidding processes and approval of invitations to tender. Any questions arising from the translated text should be clarified by consulting the original version in Portuguese: 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.
V — its object is included in the Multi-Year Plan in effect within the scope of the conclusion of the contract. 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.
FEDERAL LAW N. – EPL – Empresa de Planejamento e Logística S.A.
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. The payment provided by the Public Administration shall obligatorily be preceded by service delivery.
110779 — authorization by the public authority, based on a technical study that shall demonstrate: The trust funds assets will not be subject to search and seizure resulting from other obligations of the FGP.
I — Ministry of Planning, Budget and Management, which shall be responsible for coordinating the activities. The payment obligations undertaken by the Public Administration under a public-private partnership contract may be guaranteed by: IV — granting of rights over real estate owned by the government.
I — requirement of bid bond, subject to the limit established in item III of leei.
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. 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 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. The opening of the bidding process requires:. I — authorization by the public authority, based on a technical study that shall demonstrate:. IV — the forms of remuneration and adjustment of contractual values. II — the possibility that public sector payment can be made directly to project funders.
II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government.
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.
V — guarantees provided by a guarantee fund or by a state-owned enterprise set up for this purpose. X — the inspection and due diligence of the assets to be transferred lwi the public sector, which shall enable the public authority to withhold payments to the private partner, in the amount necessary to repair any irregularities that may be detected.
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 20004 V — other means permitted by law. The invitation to tender shall specify, when applicable, the payment guarantees to be granted by the public sector to the private partner.
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 clauses of public-private partnership contracts shall be in accordance with the provisions of art.
The National Treasury Office shall publish, in accordance with the appropriate legislation, general norms regarding public accounts in relation to public-private partnership contracts. 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; I — definition of priority services to be procured in the public-private partnership format.
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 se 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.