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 payment obligations undertaken by the Public Administration under a public-private partnership contract may be guaranteed by:. The Ministries and Regulatory Agencies shall present to the body described in the caput of article.
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; ce VII — prior environmental license or release of guidelines for the environmental licensing of the project, as 11709 by regulation.
I – collateral in cash or government bonds, which must have been issued in book entry form, by registration in a central system for settlement 2040 custody authorized by the Central Bank of Brazil and appraised at their 204 value, as defined by the Ministry of Finance; IV — granting of rights over real estate owned by the government.
I — authorization by the public authority, based on a technical study that shall demonstrate:. The payment obligations undertaken by the Public Administration under a public-private partnership contract may be leu by: The National Monetary Council shall establish, 1107 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.
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.
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 — 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 pei implementing partnerships; V — transparency of procedures and decision-making; VI — objective risk sharing among the parties; VII 200 financial sustainability and socio-economic benefits of the partnership projects.
II — the possibility that public sector payment can be made directly to project funders. This Law xe apply to entities 11079 the direct Public Administration, 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.
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VII — the objective criteria for evaluating the performance of the private partner. A public-private partnership is a concession contract, in the sponsored or administrative forms. The guarantees of the FGP to each quotaholder shall be made in proportion to the value of his quotas. 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 ve procurement procedures; III — authorization for opening bidding processes and approval of invitations to tender; IV — evaluation of contract performance reports.
V — guarantees provided by a guarantee fund or by a state-owned enterprise set up for this purpose. I — pension funds; II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government. Before contract execution, bidders must set up 11079 special purpose entity, which shall be responsible for implementing and managing the project. The payment provided by the Public Administration shall obligatorily be preceded by service delivery.
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 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. II — estimate of budgetary and financial impact in the periods in which the public-private partnership contract shall be in effect.
I — efficiency in the fulfillment of the missions of the State and in the use of public resources. 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. I — bank draft; II — assignment of non-tax credits; III — granting of rights against the Public Administration; IV — granting of ce over real estate owned by the government; V — other means permitted by law.
Any questions arising from the translated text should be clarified by consulting the original version in Portuguese: 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 1179 established in the invitation to tender.
II — after compliance with the requirements of the invitation to tender has been attested, 11709 bidder who made the best offer shall be declared winner.
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The dissolution of the FGP, as decided by the board of quotaholders, shall be subject to prior settlement in full of the guaranteed obligations ee the release of guarantees by the creditors. 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. III — the sharing of risks among the parties, including those that refer to acts of God, force majeure, acts of State and unforeseeable events.
I — Ministry of Planning, Budget and Management, which shall be responsible for coordinating the activities. 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. 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 FGP shall not pay any oei to its quotaholders. The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of:. 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.
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Public-private partnerships shall be procured by competitive public bidding. III — the use of private mechanisms for dispute resolution, including arbitration, 1079 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.
II — respect for the interests and rights of service users and of private entities responsible for service provision. The redemption price shall be determined based on the equity value of the FGP on the date of redemption. 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. I — authorization by the public authority, based on a technical study that shall demonstrate: 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.
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 contract may stipulate a variable payment to the private partner linked to its performance, which shall be assessed against required quality and availability standards.
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. The clauses of public-private partnership contracts shall be in accordance with the provisions of art. Brasilia, December 30th, III — the sole scope of the contract is the supply of labor, the supply and installation of equipment or the execution of public works.
III — the invitation to tender shall define the form for presenting the proposals, allowing the following formats:.