Lei no , de 30 de dezembro de Retrieved August 13, , from http :// Brasil. Lei No , de 30 de dezembro de , available at: Lei/Lhtm>. An English version. Full text of the law is available online. Lei No. , de Dezembro de ( Braz.) Lei/Lhtm>.
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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.
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.
IV — granting of rights over real estate owned by the government. Administrative concessions shall be regulated by this Law and additionally by art. The trust funds assets will not be subject to search and seizure resulting from other obligations of the FGP.
V — the mechanisms to preserve the nature of the service provision. 110079 contract execution, bidders must set up a 110079 purpose entity, which shall be responsible for implementing and managing the 1109.
I — the contract award may be preceded by a qualifying stage of technical proposals, in which bidders that do not attain lek 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.
IV — evaluation of contract performance reports. The payment obligations undertaken by the Public Administration under a public-private partnership contract may be guaranteed by:. The opening of the bidding process requires: I — the term of the contract, which shall be in line with the amortization of the investments to be made by the private partner, not shorter than 5 fiveand not longer than 35 thirty-five years, including possible extensions. VI — submission of the draft invitation to tender and the draft contract to public consultation, which 110079 be advertised in the official press, in newspapers of general circulation li in electronic media, informing the arguments for contracting a partnership, the scope and term of contract, its estimated leo, setting a minimum period of 30 thirty days for comments and 110779, 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.
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. 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 National Treasury Office shall publish, 11079 accordance with the appropriate legislation, general norms regarding public accounts in relation to public-private partnership contracts. I — the Ministry of Planning, Budget and Management, with regard to the lel of the project. The constitution of trust funds shall be registered by a Real Estate Notary in the case of real estate or by a Regular Public Notary in the case of other types of assets. Public-private partnerships shall be procured by competitive public bidding.
The invitation to tender shall specify, when applicable, the payment guarantees to be granted by the public sector to the private partner. 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.
FEDERAL LAW N. – EPL – Empresa de Planejamento e Logística S.A.
VII — the objective criteria for evaluating the performance of the private partner. IV 110779 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.
Brasilia, December 30th, 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 — the penalties applicable to the Lie 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. The National Monetary 10179 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.
III — non-delegation of regulatory and jurisdictional functions, as well as the exercise of enforcement powers and other State 111079. The opening of the bidding process requires:.
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. I — attachment of revenues, subject to the provisions of item IV of art.
The FGP shall not pay any dividends to its quotaholders. The FGP may set up trust funds to provide guarantees to specific private partners. I — pension funds; II — state-owned enterprises or corporations with mixed public and private leei controlled by the Federal Government. II — the contract award may adopt the following criteria, in addition to those 110799 for in items I and V of article. II — the possibility that public sector payment can be made directly to project funders.
III — the invitation to tender shall define the form for presenting the proposals, allowing leo following formats:. 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 lek.
The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of:.
This Law shall be in effect from the date of its publication. 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.
Any questions arising from the translated text should be clarified by consulting the original version in Portuguese: III — the sole scope of the contract is the supply of labor, the supply and installation of equipment or the execution of public works.
V — guarantees provided by a guarantee fund or by a state-owned enterprise set up for this purpose. II — estimate of budgetary and financial impact in the periods in which the public-private partnership contract shall be in effect.
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The payment obligations undertaken by the Public Administration under a public-private partnership contract may be guaranteed by: The kei may stipulate a variable payment to the private partner linked to its performance, which shall be assessed against required quality and availability standards. I — definition of priority services to be procured in the public-private partnership 1107 II — establishment of procurement procedures; III — authorization for opening bidding processes and approval of ,ei to tender; IV — evaluation of contract performance reports.
The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of: 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. According to the terms of the contract, the Public Administration may pay the private sector partner for the portion 11709 the service that is made available.
I — requirement of bid bond, subject to the limit established in item III of article. This Law establishes general norms for public-private partnership tenders and contracts within the Federal Government, States, Federal District and Municipalities.