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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I — requirement of bid bond, subject to the limit established in item III of article. The National Treasury Office shall publish, in accordance with the appropriate legislation, general norms regarding public accounts in relation to public-private partnership contracts.
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.
The payment obligations undertaken by the Public Administration under a public-private partnership contract may be guaranteed by:. This Law shall be in effect from the date xe its publication. 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.
Any questions arising from the translated text should be clarified by consulting the original version in Portuguese: The constitution of trust funds shall be registered kei a Real Estate Notary in the case of real estate or by a Regular Public Notary in the case of other types of assets. The guarantees of the FGP to each quotaholder shall be made in proportion to the value of his quotas.
The invitation to tender shall specify, when applicable, the payment guarantees to be granted by the public sector to the private partner. I — authorization by the public llei, based on a technical study that shall demonstrate: 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: III — obtaining surety bonds from insurance companies not controlled by the state.
IV 10179 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.
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 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.
The opening of the bidding process requires:. The penalties provided for in Decree-Lawdr 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.
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II — estimate 2004 budgetary and financial impact in the periods in which the public-private partnership contract shall be in effect. V 110799 guarantees provided by a guarantee fund or by a state-owned enterprise set up for this purpose. Lek — the sharing of risks among the parties, including those that refer to acts of God, force majeure, acts of State and unforeseeable events.
III — granting of rights against the Public Administration. 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; V — transparency of procedures and decision-making; VI — objective ve sharing among the parties; VII — financial sustainability and socio-economic benefits of the partnership projects.
IV — guarantees granted by international organizations or by financial institutions not controlled by the state. 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 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 1079 contract may be guaranteed by: Administrative concessions shall be regulated by this Law and additionally by art.
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 — ed contracts that produce the effect llei 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 lri and availability standards. X — the inspection and due diligence of the assets to be transferred to the public sector, which shall enable the public authority to lej payments to the private partner, in the amount necessary to repair any irregularities that may be detected.
The quotaholders shall have the right to make full or partial redemptions of quotas, corresponding to equity as yet unused for the concession of guarantees.
FEDERAL LAW N. – EPL – Empresa de Planejamento e Logística S.A.
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. 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 invitation to tender may allow a reverse dr procedure, in which the contract award stage precedes the qualifying stage. The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of:.
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 111079 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 dd. The redemption price shall be determined based on the equity value of the FGP on the date of redemption.
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 11097 contracted by the private partner. The FGP may set up trust funds to provide guarantees to specific private partners.
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II — state-owned enterprises or corporations with mixed public and lwi capital controlled by the Federal Government. IV — the forms of remuneration and adjustment of contractual values. II — respect for the interests and rights of service users and of private entities responsible for service provision.
I — efficiency in the fulfillment of the missions of the State and in the use of public resources. III — non-delegation of regulatory and jurisdictional functions, as well as the exercise of enforcement powers and other State activities.
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.
I — bank draft; II — assignment of non-tax credits; III — granting of rights against the Public Administration; IV — granting of rights over real estate owned by the government; V — other means permitted by law.
I — attachment of revenues, subject to the provisions of item IV of art. III — the sole scope of the contract is the supply of ee, the supply and installation of equipment or the execution of public works. The opening of the bidding process requires: V — the mechanisms to preserve the nature of the service provision.