LEI 11079 DE 2004 PDF

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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III — non-delegation of regulatory and jurisdictional functions, as well as the exercise of enforcement powers and other State activities. The FGP may set up trust funds to provide guarantees to specific private partners.

I — efficiency in the fulfillment of the missions of the State and in the use of public resources. 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.

I — definition of priority services to 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.

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22004 — obtaining surety bonds from insurance companies not controlled by the state. III — the sharing of risks among the parties, including those that refer to acts of God, force majeure, acts of State and 1079 events.

III — granting of rights against the Public Administration. 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 use of private 20004 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.

I — attachment of revenues, subject to the provisions of item IV of art. VI — trust funds settled by the FGP to provide guarantees to the private partners. The penalties provided 11709 in Decree-Lawdated December 7th, — Criminal Code, in Lawdated June 2nd, — Administrative Misconduct Law, in Lawdated October dd, – 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.

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, 110799 addition to those provided for in items I and V of article. Before contract execution, bidders must set up a special purpose entity, which shall be responsible for implementing and managing the project.

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The quotaholders shall have the right to eli full or partial redemptions of quotas, corresponding to equity as yet unused for the concession of guarantees. 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.

I — authorization by the public authority, based on a technical study that shall demonstrate: Administrative concessions shall be regulated by this Law and additionally by art. The following guidelines shall be observed when contracting public-private partnerships: I — requirement of bid bond, subject to the limit established in item III of article. I — Ministry of Planning, Budget and Management, which shall be responsible for coordinating the activities.

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. II — the penalties applicable to the Public Administration and to the private partner in case of non-compliance with contractual obligations, which shall always be determined proportionately to the magnitude of the offence committed and to the obligations assumed.

III — the invitation to tender shall define the form for presenting the proposals, allowing the following formats:.

IX — the sharing with the Public Administration of the economic gains of the private partner resulting from the reduction of credit risk related to the funding contracted by the private partner. The FGP shall not pay 204 dividends to its quotaholders. II — estimate of budgetary and financial impact in the periods in which the public-private partnership contract shall be in effect.

I — definition of priority services to be procured in the public-private partnership format.

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The payment provided by the Public Administration shall obligatorily be preceded by service delivery. Any questions arising from the translated text should be clarified by consulting the original version in Portuguese: The payment obligations undertaken by the Public Administration under a public-private partnership contract may be guaranteed by: II — the possibility that public sector payment can be made directly to project funders.

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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.

The redemption price shall be determined based on the equity value of the FGP on the date of redemption. 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 National Treasury Office shall publish, in accordance with the appropriate legislation, general norms regarding public accounts in relation to public-private partnership contracts.

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.

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. I — authorization by the public authority, based on a technical study that shall demonstrate:. The guarantees of the FGP to each quotaholder shall be made in proportion to the value of his quotas.

I — pension funds; II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government. 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 trust funds assets will not be subject to search and seizure resulting from other obligations of the FGP.

This is a free translation offered only as a convenience to support foreign investors. The clauses of public-private partnership contracts shall be in accordance with the provisions of art.

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. VII — the objective criteria for evaluating the performance of the private partner. IV — the forms of remuneration and adjustment of contractual values.