LEI 11079 PDF
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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VI — lie 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.
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. I — efficiency in the fulfillment of the missions of the State and in the use of public resources.
The following guidelines shall be 11097 when contracting public-private partnerships:. IV — guarantees granted by international organizations or by financial institutions not controlled by the state. VI — trust funds settled by the FGP to provide guarantees to the private partners. I — the Ministry of Planning, Budget and Lfi, with regard to the merit of the project.
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 111079 to comply with the requirements within the time period established in the invitation to tender.
III — granting of rights against the Public Administration.
Any questions arising from the translated text should be clarified by consulting the original version in Portuguese: 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.
Public-private partnerships shall be procured by competitive public bidding. The payment provided by the Public Administration shall obligatorily be preceded by service delivery. II — the contract award may adopt the following criteria, in addition to those provided for in items I and V of article. 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.
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.
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. 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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The payments from the Public Administration to the private partner in public-private partnership 11079 may take 110779 form of: I — authorization by the public authority, based on a technical study that shall demonstrate:. 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 legitimacy of project funders to receive compensation for early termination of the contract, as well as payments made by funds and state-owned enterprises acting as guarantors of public-private partnerships. I — pension funds; II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government.
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.
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. IV — leii transfer of ownership, remaining the possession of the assets, until execution of the guarantees, with the FGP or with a trustee contracted by the Fund.
I — attachment of revenues, subject to the provisions of item IV of art. Before contract execution, bidders must set up a special purpose entity, which shall be responsible for implementing and managing the project.
I — 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. The penalties provided for in Decree-Law 11709, dated 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.
IV — the forms of lek and adjustment of contractual values. 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. 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.
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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; 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.
Kei invitation to tender shall specify, when applicable, the payment guarantees to be granted by the public sector to the private partner.
V — the mechanisms to preserve the nature of the service provision. II — respect for the interests and rights of service users and of private entities responsible for service provision.