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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I — the Ministry of Planning, Budget and Management, with regard to the merit of lri project; II — leii 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 dw with the limit set forth in art. The redemption price lwi be determined based on the equity value of the FGP on the date of redemption. The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of:.
The Ministries and 111079 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. 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 leu 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 — 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 dd.
The FGP shall not pay any dividends to its quotaholders. II — the contract award may adopt the following criteria, in addition to those provided for in items I and V of article. V — the mechanisms to preserve the 1107 of the service provision.
III — obtaining surety bonds from insurance companies not controlled by the state. Administrative concessions shall be regulated by this Law and additionally by 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 invitation to tender may allow a reverse bidding procedure, in which the contract award stage precedes the qualifying stage.
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 competitive tendering for contracting public-private partnerships shall comply with the procedures set forth in 204 legislation that regulates tenders and administrative contracts and also the following: VII — the objective criteria for evaluating the performance of the dw partner.
This Law shall apply to entities of 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.
The payment obligations undertaken by the Public Administration under a public-private partnership contract may be guaranteed by:. The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of: III — authorization for opening bidding processes and approval of lej to tender.
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 guaranteed by: Public-private partnerships shall be procured by competitive public bidding. 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 present to the body described in the caput of article. I — pension funds; II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government.
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 — granting of rights against the Public Administration. 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.
A public-private partnership is a concession contract, in the sponsored or administrative forms.
I — authorization by the public authority, based on a technical study that shall demonstrate:. 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. 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 — estimate of budgetary and financial impact in the periods in which the public-private partnership contract shall be in effect. The constitution of trust funds shall be registered by a Real Estate Notary in the case of real estate 10179 by a Regular Public Notary in the case of other types of assets. II — the 20004 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 sharing of risks among the parties, including those that refer to acts of God, force majeure, acts of State and unforeseeable events. 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. 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.
The invitation to tender shall specify, when applicable, the payment guarantees dde be granted by the public sector to the private partner.
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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. VI — trust funds settled by the Leei to provide guarantees to the private partners. The contract may stipulate a variable payment to the private partner linked to dee performance, which shall be assessed against required quality and availability standards.
This is a free translation offered only as a convenience to support foreign investors. Before contract execution, bidders must set up a special purpose entity, which shall be responsible for implementing and managing the project. II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government.
FEDERAL LAW N. – EPL – Empresa de Planejamento e Logística S.A.
The payment provided by ce Public Administration shall obligatorily be preceded by service delivery. III — the use of private mechanisms 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 — the contract award may be preceded by a qualifying stage of technical lfi, 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.
III — non-delegation of regulatory and jurisdictional functions, as well as the exercise of enforcement powers and other State activities.