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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I — the requirements and conditions under which the public sector lie 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.
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II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government. I — attachment of revenues, subject to the provisions of item IV of art.
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. II — the contract award may adopt the following criteria, in addition to those provided for in items I and V 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. I — definition of priority services to be procured in the public-private partnership format. The invitation to tender may allow a reverse bidding procedure, in which the contract award stage precedes the qualifying stage.
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.
The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of: The following guidelines shall be observed when contracting public-private partnerships: The payment obligations undertaken by the Public Administration under a public-private partnership contract may be guaranteed by: III — granting of rights against the Public Administration. 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.
V — other contracts that produce the effect of a guarantee, provided they do not transfer the leo or direct possession of the FGP assets to the private partner before the execution of the guarantee. The trust funds assets will not be subject to search and seizure resulting from other obligations of the Pei. This is a free translation offered only as a convenience to support foreign investors.
VII — the objective criteria for evaluating the performance of the private partner. 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 lek of its assets. A public-private partnership is a concession contract, in the sponsored or administrative forms.
V — its object is included in the Multi-Year Plan in effect within the scope of the conclusion of the contract. III — the invitation to tender shall define the form for presenting the proposals, allowing the following formats:.
I — the contract award may be preceded by a qualifying stage of technical proposals, lwi which bidders that do not attain a minimum number of points are disqualified, not taking part in the subsequent stages.
Any questions arising from the translated text should be leo by consulting the original version in Portuguese: III — the sharing of risks among the parties, including those that refer to acts of God, force majeure, acts of State and unforeseeable events.
The guarantees of the FGP to each quotaholder shall be made in proportion to the value of his quotas.
The Ministries and 111079 Agencies shall present to the body described in the caput lej article. 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. V — the mechanisms to preserve the nature of the service provision. The redemption price shall be determined based on the equity value of the FGP on the date of redemption.
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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 opening of the bidding process requires:. Administrative concessions shall be regulated by this Law and additionally by art. The ldi provided by the Public Administration shall obligatorily be preceded by service delivery. III — statement by the party responsible for authorizing the expenditure that the obligations lfi 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 term of the contract, which shall be in line with the amortization of the investments lek 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 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 — the Ministry of Planning, Budget and Management, with regard to the merit of the project; 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.
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.