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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II — respect for the interests and rights of service users and of private entities responsible for service provision.

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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:. 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 1179 in art.

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. The payment obligations undertaken by the Public Administration under a public-private partnership contract may be guaranteed by:.

III — the sole scope of the contract is the supply of labor, the supply and installation of 20004 or the execution of public works. 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.

III — granting of rights against the Public Administration. 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, dd be conducted in Brazil and in the Portuguese language, according to Lawdated September 23rd,in order to resolve conflicts that may 20004 in relation to the contract.

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. The Ministries and Regulatory Agencies shall be responsible, within their respective jurisdictions, for submitting the invitation to tender to the 22004, carrying out the bidding process, monitoring and controlling the public-private partnership contracts.

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Any questions arising from the translated text 1107 be clarified by consulting the original version in Portuguese: III — the legitimacy of project funders to receive compensation for early lfi of the contract, as well as payments made by funds and state-owned enterprises acting as guarantors of public-private partnerships.

FEDERAL LAW N. – EPL – Empresa de Planejamento e Logística S.A.

VI — trust funds settled by the FGP to provide guarantees to the private partners. IV — guarantees granted by international organizations or by financial institutions 110799 controlled by the state. II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government.

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. III — the invitation to tender shall define the form for presenting the proposals, allowing the following formats:. I — requirement of bid bond, subject to the limit established in item III of article. 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.

Public-private partnerships shall be procured by competitive public bidding. I — authorization by the public authority, based on a technical study that shall demonstrate: I — the Ministry of Planning, Budget and Management, with regard to the merit of the project.

Before contract execution, bidders must set up a special purpose entity, which shall be responsible for implementing and managing the project. After the dissolution of the FGP, its equity shall be divided among the quotaholders, based on the equity position of the Fund on the date of dissolution.

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

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I — pension funds; II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government. III — if the bidder who made the best offer is not qualified, the qualification documents of the second best proposal shall 20004 examined, and so forth, until a classified bidder complies with the requirements established in the invitation to tender.

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The FGP shall not pay any dividends to its quotaholders. Brasilia, December 30th, The payment obligations undertaken by the Public Administration under a public-private partnership contract may llei guaranteed by: The clauses of public-private partnership contracts shall be in accordance with the provisions of art.

IV — granting of rights over real estate owned by the government. I – collateral in cash or government bonds, which 200 have been issued in 10179 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, se defined by the Ministry of Finance; The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of:.

V — guarantees provided by a guarantee fund or by a state-owned enterprise set up for this purpose. I — the bids in the open outcry auction shall 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.

II — estimate of budgetary and financial impact in the periods in which the public-private partnership contract shall be in effect. 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. The invitation to tender may allow a reverse bidding procedure, in which the contract award stage precedes the qualifying stage.

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. Administrative concessions shall be regulated by this Law and additionally by art.

The Ministries and Regulatory Agencies shall present to the body described in the caput of article. The National Treasury Office shall publish, in accordance with the appropriate legislation, general norms regarding public accounts in relation to public-private partnership contracts. III — non-delegation of regulatory and jurisdictional functions, as well as the exercise of enforcement powers and other State activities.