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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 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 — the invitation to tender shall define the form for presenting the proposals, allowing the following formats:.

I — authorization by the public authority, based on a technical study that shall demonstrate: 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. II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government.

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.

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.

Brasilia, December se, 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 — authorization by the public authority, based on a technical study that shall demonstrate:. II — estimate of budgetary and financial impact in the periods in which the public-private partnership contract shall be in effect.

The following guidelines shall be observed when contracting public-private partnerships: 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. This is a free translation offered only as a convenience to support foreign investors.

VI — trust funds settled by the FGP to provide guarantees to the private partners. The trust funds assets will not be subject to search and seizure resulting from other obligations of the FGP.


The contract may stipulate a variable payment to the private partner linked to its performance, which shall be assessed against required quality 11079 availability standards.

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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.

I — Ministry of Planning, Budget and Management, which shall be responsible for coordinating the activities. IV — the forms of remuneration and adjustment of contractual values.

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.

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. Any questions arising from the translated text should be clarified by consulting the original version in Portuguese: 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.

X — the inspection and due diligence of the assets to be transferred to 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. According to the terms of the contract, the Public Administration may pay the private sector partner for the portion of the service that is made available.

IV — guarantees granted by international organizations or by financial institutions not controlled by the state.


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 Fe and compliance with the limit set forth in art.

III — the sharing of risks among the parties, including those that refer to acts of God, force majeure, acts of State and unforeseeable events. 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 payment obligations undertaken by the Public Administration under a public-private partnership contract may be guaranteed by: Administrative concessions shall be regulated by this Law and additionally by art.

The payment provided by the Public Administration shall obligatorily be preceded by service ce. III — authorization for opening bidding processes and ed of invitations to tender. The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of:.

The invitation to tender shall specify, when applicable, the payment guarantees to be granted by the public sector to the private partner. 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 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.

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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 possibility that public sector payment can be made directly to project funders.

I — definition of priority services to be procured in the public-private partnership format.