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 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. V — the mechanisms to preserve the nature of the service provision. 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.
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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. I — bank draft; 2040 — assignment of non-tax credits; III — granting of rights against the Public Administration; Llei — granting of rights over real estate owned by the government; V — other means permitted by law.
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. III — non-delegation of regulatory and jurisdictional functions, as well as the exercise of enforcement powers and other State activities. II — after compliance with the requirements of the invitation to tender has been attested, the bidder who made lie best offer shall be declared winner.
The payment obligations undertaken by the Public Administration under a public-private partnership contract may be guaranteed by:.
VII — the objective criteria for evaluating the fe of the private partner. The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of:.
IV — estimate of long-term flow of public funds, necessary oei fulfilling, throughout the term of the contract and in each fiscal year, the financial obligations undertaken by the Public Administration. A public-private partnership is a concession contract, in the sponsored or administrative forms. II — estimate of budgetary and financial impact in the periods in which the public-private partnership contract shall be in effect.
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. 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. This Law establishes general norms for public-private partnership tenders and contracts within the Federal Government, States, Federal District and Municipalities.
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 dee, dated December 7th, — Criminal Code, in 2040dated 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.
III — the invitation to tender shall define the form for presenting the proposals, allowing the following formats:.
The redemption price shall be determined based on the equity value of the FGP on the date of redemption. V — guarantees provided by a guarantee fund or by a state-owned enterprise set up for this purpose. The opening of the bidding process requires: 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.
IV — guarantees granted by international organizations or by financial institutions not controlled by the state. The following guidelines shall be observed when contracting public-private partnerships: 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 able to comply with the requirements within the time period established in the invitation to tender.
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. I — pension funds; II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government. 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 — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government. The FGP shall not pay any dividends to its quotaholders. I — efficiency in the fulfillment of the missions of the State and in the use of public resources. IV — fiduciary 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. The National Monetary Council 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.
The Ministries and Regulatory Agencies shall present to the body described in the caput of article. 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 — definition of priority services to be procured in the public-private partnership format. 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. 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.
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I — attachment of revenues, subject to the provisions of item IV of art. IX — the sharing with the Public Administration of the economic gains of the private partner resulting dr the reduction of credit risk related to the funding contracted by the private partner.
Administrative concessions shall be regulated by this Law and additionally by art. This Law shall be in effect from the date of its publication. II — the contract award may adopt the following criteria, in addition to those provided for in items I and V of article.
The FGP may set up trust funds to provide guarantees to specific private partners. I — definition of priority services leo 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.
This Law shall apply to entities of the direct Public Ldi, 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.
The invitation to tender may allow a reverse bidding procedure, in which the contract award stage precedes the qualifying 11709. III — granting of rights against the Df Administration. I — the Ministry of Planning, Budget and Management, with regard to the merit of the project; II — the Ministry of Finance, 20004 regard to the viability of granting public payment guarantees and their form, relative to the risks for the National 111079 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.
The dissolution of the FGP, as decided by the board of quotaholders, shall be subject to prior settlement in full of the guaranteed obligations or the release of guarantees by the creditors. The following guidelines shall be observed when contracting public-private partnerships:.
II — the possibility that public sector payment can be made directly to project funders. 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.