Lei no , de 30 de dezembro de Retrieved August 13, , from http :// Brasil. Lei No , de 30 de dezembro de , available at: Lei/Lhtm>. An English version. Full text of the law is available online. Lei No. , de Dezembro de ( Braz.) Lei/Lhtm>.
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I — the Ministry of Planning, Budget and Management, with regard to the merit of the project. 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.
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; and VII — prior environmental license or release of guidelines for the environmental licensing of the project, as required by regulation.
This Law shall be in effect from the date of its publication.
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III — non-delegation of regulatory and jurisdictional functions, as well as the exercise of enforcement powers and other State activities.
I — the term of the contract, which shall be in line with the amortization of the investments to be made li the private partner, not shorter than 5 fiveand not longer than 35 thirty-five years, including possible extensions.
V — the mechanisms to preserve the nature of the service provision. The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of:. II — respect for the interests and rights of service users and of private entities responsible for service provision.
II — estimate of budgetary and financial impact in the periods in which the public-private partnership contract shall be in effect. Public-private partnerships shall be procured by competitive public bidding.
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.
II — the contract award may adopt the following criteria, in addition to those provided for in items I and V of article. The guarantees of the FGP to each quotaholder shall be made in proportion to the value of his quotas. The payment obligations undertaken by the Public Administration under a public-private partnership contract may be guaranteed by: V — guarantees provided by a guarantee fund or by a state-owned enterprise set up for this purpose.
The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of: I — definition of priority services to be procured in the public-private partnership format. 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 risk sharing among the parties; VII — financial sustainability and socio-economic benefits of the partnership projects.
The redemption price shall be determined based on the equity value of the FGP on the date of redemption. 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.
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.
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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.
The clauses of public-private partnership contracts shall be in accordance with the provisions of art. I — attachment of revenues, subject to the provisions oei item IV of art. 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.
X — the inspection and due diligence of the assets to be transferred to the public sector, which shall enable the public authority 111079 withhold payments to the private partner, in the amount necessary to repair any irregularities that may be detected.
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.
The following guidelines shall be observed when contracting public-private partnerships: The trust funds assets will not be subject to search and seizure resulting from other obligations of the FGP. The following guidelines shall be observed when contracting public-private partnerships:.
I — pension funds; II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government. III — if the bidder who made the best offer is not qualified, the qualification documents of the second le proposal shall be examined, and so forth, until a classified bidder complies with the requirements established in the invitation to tender.
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 invitation to tender may allow a reverse bidding procedure, in which the contract award stage precedes the qualifying stage. III — the sharing of risks among the parties, including those that refer to acts of God, force majeure, acts of State and unforeseeable events.
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IV — guarantees granted by international organizations or by financial institutions not controlled by the state. III — the invitation to tender shall define the form for presenting the proposals, allowing the following formats:.
Administrative concessions shall be regulated by this Law and additionally by art. This is a free translation offered only as a convenience to support foreign investors. 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.
IV — evaluation of contract performance reports. I — efficiency in the fulfillment of the missions of the State and in the use of public resources. The opening of the bidding process requires: V — its object is included in the Multi-Year Plan in effect within the scope of the conclusion of the contract.
I — authorization by the public authority, based on a technical study that shall demonstrate: