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 clauses of public-private partnership contracts shall be in accordance with the provisions of art.
FEDERAL LAW N. – EPL – Empresa de Planejamento e Logística S.A.
The trust funds assets will not be subject to search and seizure resulting from other obligations of the FGP. This Law establishes general norms for public-private partnership tenders and contracts within the Federal Government, States, Federal District and Municipalities.
The FGP may set up trust funds to provide guarantees to specific private partners. 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 2004 to the contract.
Before contract execution, bidders must set up a special purpose entity, which shall be responsible for implementing and managing the project. I — authorization by the public authority, based on a technical study that shall demonstrate:.
The following guidelines shall be observed when contracting public-private partnerships:. II — after compliance with the requirements of the invitation to tender has been attested, the bidder who made the best offer shall be declared winner. 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.
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.
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.
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The FGP shall not pay any dividends to its quotaholders. The leei guidelines shall be observed when contracting public-private partnerships: The penalties provided for in Decree-Lawdated December 7th, — Criminal Code, in Lawdated June 2nd, — Administrative Misconduct Law, in Lawdated October 19th, – Fiscal Crimes Law, in Decree- Lawdated February 27th, lfi, and in Lawdated April 10th,shall apply to public-private partnerships, notwithstanding the financial penalties provided for in contract.
I — pension funds; II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government. A public-private partnership is a concession contract, in the sponsored or administrative forms. 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.
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. 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.
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:. I — attachment of revenues, subject to the provisions of item IV of art. 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 requirements established in the invitation to tender.
I — efficiency in the fulfillment of the missions of the State and in the use of public resources.
II — estimate of budgetary and financial impact in the periods in which the public-private partnership contract shall be in effect. 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. III — statement by the 110779 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 redemption price shall be determined based on the equity fe of the FGP on the date of redemption. The National Treasury Office shall publish, in accordance with the appropriate legislation, general norms regarding public accounts in relation to public-private partnership contracts.
I — Ministry of Planning, Budget and Management, which shall be responsible for coordinating the activities. This Law shall be in effect from the date of its publication.
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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 — 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. 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.
IV — the forms of remuneration and adjustment of contractual values.