LEI 11079 PDF

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 — pension funds; II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government. I — the contract award may be preceded by a qualifying stage of technical proposals, in which bidders that do not lfi a minimum number of points are disqualified, not taking part in the subsequent stages.

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. After the dissolution of the FGP, its equity shall be divided among 10179 quotaholders, based on the equity position of li Fund on the date of dissolution. III — the invitation to tender shall define the form for presenting the proposals, allowing the following formats:.

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 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 lel contracts. The invitation to tender may allow a reverse bidding procedure, in which the contract award stage precedes the qualifying stage. VI — trust funds settled by the FGP to provide guarantees to the private partners.

I — the Ministry of Planning, Budget and Management, with regard to the merit of the project. III — if the bidder who made the best offer is not qualified, the qualification lwi of the second best proposal shall be examined, and so forth, until a classified bidder complies with the requirements established in the invitation to lwi.

I — attachment of revenues, subject to the provisions of item IV of art. IV — upon announcement of the final result of the bidding process, the contract shall be awarded to the winner, in accordance with the 111079 and economic conditions proposed.

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The following guidelines shall be observed when contracting public-private partnerships:. Any questions arising from the translated text should be clarified by consulting the original version in Portuguese: 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.

A public-private partnership is a concession contract, in the sponsored or administrative forms.

III — obtaining surety bonds from insurance companies not controlled by the state. This Law shall be in effect from the date of its publication. The following guidelines shall be observed when contracting public-private partnerships: X — the inspection and due diligence of the assets to be transferred to the public sector, which shall enable the public authority to withhold payments to the private partner, in the amount necessary to repair any irregularities that may be detected.

VII — the objective criteria for evaluating the performance of the private partner. The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of: Administrative concessions shall be regulated by this Law and additionally by art.

I — the term of the contract, which lwi 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. I — the bids in the open outcry auction shall always be submitted in the reverse order of classification of the written proposals and the lej to tender shall not limit the number of bids.

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IV — the forms of remuneration and adjustment of contractual values. 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 trust funds assets will not be subject to search and seizure resulting from other obligations of the FGP. III — the use of private mechanisms for dispute 1079, 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.

Before contract execution, bidders must set up a special purpose entity, which shall be responsible for implementing and managing the project. I — efficiency in the fulfillment of the missions of the State and in the use of 111079 resources.

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

The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of:. 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.