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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I — pension funds; II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government. The competitive tendering for contracting ,ei partnerships shall comply with the procedures set forth in the legislation that regulates tenders and administrative contracts and also the following: 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 llei sole paragraph of art.
FEDERAL LAW N. – EPL – Empresa de Planejamento e Logística S.A.
IV — upon announcement of the final result of ed bidding process, the contract shall be awarded to the winner, in accordance with the technical and economic conditions proposed. Any questions arising from the translated text should be clarified by consulting the original version in Portuguese: IV — fiduciary transfer of ownership, remaining the possession of the assets, until execution of the 200, with the FGP or with a trustee contracted by the Fund.
The redemption price shall be determined based on the equity value of the FGP on the date of redemption. The penalties provided for in Decree-Lawdated December 7th, — Criminal Code, in Lawdated June 2nd, 110079 Administrative Misconduct Law, in Lawdated October 19th, – Fiscal Crimes Law, in Decree- Lawdated February 27th,and in Lawdated April 10th,shall apply to public-private partnerships, notwithstanding the financial penalties provided for in contract.
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II — the possibility that public sector payment can be made directly to project funders. The FGP shall be created, administered, managed and represented by a financial institution controlled by the Federal Government, subject to the rules referred to in item XXII of article.
IV — estimate of long-term flow of public funds, necessary for fulfilling, throughout the term of the contract and in each fiscal year, the financial kei undertaken by the Public Administration.
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; The FGP shall not pay any dividends to its quotaholders.
II — respect for the interests and rights of service users and of private entities responsible for service provision.
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III — statement by the party responsible for authorizing the expenditure that the obligations undertaken by the Public Administration in dr partnership contract are in line with the Budget Guidelines Law and have been considered in the Annual Budget Oei.
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; II — the contract award may adopt the following criteria, in addition to those provided for in items I and V of article.
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 leii. 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, d 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 ,ei for the environmental licensing of the project, as required by regulation.
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. IV — evaluation of contract performance reports.
This Law shall be in effect from the date of its publication. The payment provided by the Public Administration shall obligatorily be preceded by service delivery. The payment obligations undertaken by the Public Administration under a public-private partnership contract may be guaranteed by: V — its object is included in the Multi-Year Plan in effect within the scope of the conclusion of 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. 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.
The National Treasury Office shall publish, in accordance with the appropriate legislation, general norms regarding public accounts in relation to public-private partnership contracts. III — non-delegation of regulatory and jurisdictional functions, as well as the exercise of enforcement powers and other State activities. Before contract execution, bidders must set up a special purpose entity, which shall be responsible for implementing and managing the project.
IV — the forms of remuneration and adjustment of contractual values.
The opening of the bidding process requires:. 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:.
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VII — the objective criteria for evaluating the performance of the private partner. This Law establishes general norms for public-private partnership tenders and contracts within the Federal Government, States, Federal District and Municipalities. The contract may stipulate a variable lej to the private partner linked to its performance, which shall be assessed against required quality and availability standards.