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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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 funding contracted by the private partner.

III — the legitimacy of project funders to receive compensation for early termination of the contract, as well as payments made by funds and state-owned enterprises acting as guarantors of 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.

I — the contract award may be preceded by a qualifying stage of technical proposals, in which bidders that do not attain a minimum number of points are disqualified, not taking part in the subsequent stages.

IV — evaluation of contract performance reports. II — the penalties 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.

Administrative concessions shall be regulated by this Law and additionally by art.

The Ministries and Regulatory Agencies shall present to the body described in the caput of article. The opening of the bidding process requires:. 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.

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

The FGP may set up trust funds to provide guarantees to specific private partners. I — Ministry of Planning, Budget and Management, which shall be responsible for coordinating the activities.

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 lsi in the invitation to tender.

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I dr 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. The opening of the bidding process requires: I — pension funds; II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government. 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.

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 leo set forth in art. 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.

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.

The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of: This Law shall be in effect from the date of its publication. V — other contracts that produce the effect of a guarantee, provided they do not transfer the ownership or 2004 possession of the FGP assets to the private partner before the execution of the guarantee. The following guidelines shall be observed when contracting public-private partnerships:.

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II — estimate of budgetary and financial impact in the periods in which the public-private partnership contract shall be in effect. III — obtaining surety bonds from insurance companies not controlled by the state.

Before contract execution, bidders must set up a special purpose entity, which shall be responsible for implementing and managing the project. V — guarantees provided by a guarantee fund or by a state-owned enterprise set up for this purpose.

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II — the possibility that public sector payment can be made directly to project funders. 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 pei contracts.

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 authority, based on a technical study that shall demonstrate:. The payment provided by the Public 1109 shall obligatorily be preceded by service delivery. I — attachment of revenues, subject to the provisions of item IV of art.

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II — respect for the interests and rights of service users and of private entities responsible for service provision. I — definition of priority services to be procured in the public-private partnership format. The payment obligations undertaken by the Public Administration under a public-private partnership contract may be guaranteed by: 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.

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.

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.

I – collateral in cash or government bonds, which must have been issued in book entry form, by registration in a central system for settlement and custody authorized by the Central Bank of Brazil and appraised at their economic value, as defined by the Ministry of Finance; III — the sharing of risks among the parties, including those that refer to acts of God, force majeure, acts of State and unforeseeable events.