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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IV — granting of rights over real estate owned by the government. V — guarantees provided by a guarantee fund or by a state-owned enterprise set up for this purpose. I — the Ministry of Planning, Budget and Management, with regard to the merit of the project.
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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:. The FGP may set up trust funds to provide guarantees to specific private partners. III — granting of rights against the Public Administration. The following guidelines shall be observed when contracting public-private partnerships:.
The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of: The redemption price shall be determined based on the equity value of the FGP on the date of redemption. 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 20004 priority services to be procured in the public-private partnership format; II — establishment of procurement procedures; III — authorization for opening bidding processes and approval xe invitations se tender; IV — evaluation of contract performance reports. lel
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 is a free translation offered only as a convenience to support foreign investors. 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; 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 — the invitation to tender shall define the form for presenting the proposals, allowing the following formats:. V — the mechanisms to preserve the nature of the service provision.
I — Ministry of Planning, Budget and Management, which shall be responsible for coordinating the activities. II — respect for the interests and rights of service users and of private entities responsible for service provision. 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 — 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.
The Ministries and Regulatory Agencies shall present to the body described in the caput of article. II — estimate of budgetary and financial impact in the periods in which the public-private partnership contract shall be in effect.
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 opening of the bidding process requires:.
III — the sharing of risks among the parties, including those that refer to acts of God, force majeure, acts of State and unforeseeable events. II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government. 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.
This Law establishes general norms for public-private partnership tenders and contracts within the Federal Government, States, Federal District and Municipalities. I — requirement of se bond, subject to the limit established in item III of article. A public-private partnership is a concession contract, in the sponsored or administrative forms.
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The FGP shall be created, administered, managed and represented by a financial institution controlled by the Federal Government, subject ldi the rules referred to in item XXII of article. I — pension funds; II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government.
The payments from the Public Ve to the private partner in public-private partnership contracts may take the form of:. 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 110079 the time period established in the invitation to tender. The invitation to tender may allow a reverse bidding procedure, in which the contract award stage precedes the qualifying stage.
I — efficiency in the fulfillment of the missions of the State and in the use of public resources; II — respect for the interests and rights of service users and of private entities responsible for service provision; III — non-delegation of regulatory and jurisdictional functions, as well as the exercise of enforcement powers and other State activities; IV — fiscal responsibility when contracting and implementing partnerships; Lie — transparency of procedures and decision-making; VI lwi objective risk sharing among the parties; VII — financial sustainability and socio-economic benefits of the partnership projects.
I — attachment of revenues, subject to the provisions of item IV of 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. VII — the objective criteria for evaluating the performance of the private partner.
IV — upon announcement of the final result of the bidding process, the contract shall be awarded to the winner, in accordance with the technical and economic conditions proposed. 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.
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.
The clauses of public-private partnership contracts shall be in accordance with the provisions of art. I — definition of priority services to be procured in the public-private partnership format. IX — the sharing with the Public Administration of the economic se of the private partner resulting from the reduction of credit risk related to the funding contracted by the private partner.
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.