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 invitation to tender shall specify, when applicable, the payment guarantees to be granted by the public sector to the private partner. 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. Before contract execution, bidders must set up a special purpose entity, which shall be responsible for implementing and managing the project. 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 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.
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Lri FGP shall not pay any dividends to its quotaholders. The payment provided by the Public Administration shall obligatorily be preceded by service delivery. V — the mechanisms to preserve the nature of the service provision. 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.
III — the sole scope of the contract is the supply of labor, the supply and installation of equipment or the execution of public works. III — statement by the party responsible for authorizing the expenditure ed the obligations undertaken by the Public Administration 2040 a partnership contract are in line with the Budget Guidelines Law and have been considered in the Annual Budget Law.
III — the use of private mechanisms for dispute resolution, including li, 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.
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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 — the requirements and conditions under ldi 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.
V — guarantees provided by a guarantee fund or by a state-owned enterprise set up for this purpose.
The redemption price shall be determined based on the equity value of the FGP on the date of redemption. This is a free translation offered only as a convenience to support foreign investors.
The following guidelines shall be observed when contracting public-private partnerships:. The FGP may set up trust funds to provide guarantees to specific private partners. II — the possibility that public sector payment can be made directly to project funders. 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 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 — the sharing of risks among the parties, including those that refer to acts of God, force majeure, acts of State and unforeseeable events. II — the contract award may adopt the following criteria, in addition to those provided for in items I and V of article. IV — guarantees granted by international organizations or by financial institutions not controlled by the state.
IV — the forms of remuneration and adjustment of contractual values.
FEDERAL LAW N. – EPL – Empresa de Planejamento e Logística S.A.
V — other contracts that produce the effect of 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. II — the Ministry of Finance, with regard to the viability re granting public payment guarantees and their form, relative to the risks for the National Treasury and compliance with the lej set forth in art.
Public-private partnerships shall be procured by competitive public bidding. 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 ve the number of bids.
I — pension funds; II — li enterprises or corporations with mixed public and private capital controlled by the Federal Government. 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. I — definition of priority services to be procured in the public-private partnership format.
II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government.
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IX — the sharing 110079 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.
I — Ministry of Planning, Budget and Management, which shall be responsible for coordinating the activities. I — efficiency in the fulfillment of the missions of the State and in the use of public resources. The trust funds assets will not be subject to search and seizure resulting from other obligations of the FGP. 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.
II — respect for the interests and rights of service users and of private entities responsible for service provision. 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.
I — authorization by the public authority, based on a technical study that shall demonstrate: The opening of the bidding process requires:.
Brasilia, December 30th,