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 — 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.
I — the Ministry of Planning, Budget and Management, with regard to the merit of the project. The invitation to tender shall specify, when applicable, the payment guarantees to be granted by the public sector to the private partner.
III — the sharing of risks among the parties, including those that refer to acts of God, force majeure, acts of State and unforeseeable events. 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 kei by the private partner.
The National Treasury Office shall publish, in accordance with the appropriate legislation, general norms regarding public accounts in relation to public-private partnership contracts. The competitive tendering for contracting public-private partnerships shall comply with the procedures set forth in the legislation that regulates tenders and lej contracts and also the following: A public-private partnership is a concession contract, in the sponsored or administrative forms.
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.
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1179 II — respect for the interests and rights of service users and of private entities responsible for service provision. 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. 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 lel, 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.
I — requirement of bid bond, subject to the limit established in item III of article. I — Ministry of Planning, Budget and Management, which shall be responsible for coordinating the activities.
This is a free translation offered only as a lie to support foreign investors. The opening of the bidding process requires:.
VI — the facts that trigger public sector payment default, the means and terms for reestablishing the payment stream and, if applicable, the form by which guarantees are enforced. II — the possibility that public sector payment can be made directly to project funders. III — obtaining surety bonds from insurance companies not controlled by the state. The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of:.
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. The dissolution of the FGP, as decided by the board of quotaholders, shall be subject to prior settlement in full of the guaranteed obligations or the release of guarantees by the creditors. 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.
II — the contract award may adopt the following criteria, in addition to those provided for in items I and 1179 of article. V — guarantees provided by a guarantee fund or by a state-owned enterprise set up for this purpose. 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.
VI — trust funds settled lek the FGP to provide guarantees to the private partners. The payment obligations undertaken by the Public Administration under a public-private partnership contract may be guaranteed by:.
The FGP may set up trust funds to provide guarantees to specific private partners. The FGP shall not pay any dividends to its quotaholders. V — its object is included in the Multi-Year Plan in effect within the scope of the conclusion of the contract.
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. 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. I — pei 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 10179 and ensuring the continuity of service provision, for which purpose item I of the sole paragraph of art.
III — statement by the party responsible for authorizing the lfi 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. This Law shall be in effect from the date of its publication.
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 1109 Municipalities.
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II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government. Administrative concessions shall be regulated by this Law and additionally by art.
II — the Ministry of Finance, with regard to the viability of granting public payment guarantees and their form, relative to the risks for the 1179 Treasury and compliance with the limit set forth in art.
IV — the forms of remuneration and adjustment of contractual values. This Law establishes general norms for public-private partnership tenders and contracts within the Federal Government, States, Federal District and Municipalities. I — the bids in leei open outcry auction shall always be submitted in the reverse order of classification of the written proposals and the invitation to tender shall not limit the number of bids.
III — the sole scope of the contract is the supply of labor, the supply and installation of equipment or the execution of public works. 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 contract may stipulate a variable payment to the private partner linked to its performance, which shall be assessed against required quality and availability standards.
The invitation to tender may allow a reverse bidding procedure, in which the contract award stage precedes the qualifying stage.
FEDERAL LAW N. – EPL – Empresa de Planejamento e Logística S.A.
Public-private partnerships shall be procured by competitive public bidding. 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.
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 — ,ei of procedures and decision-making; VI — objective risk sharing among the parties; VII — financial sustainability and socio-economic benefits of the partnership projects.
The redemption price shall be determined based on the equity value of the FGP on the date of redemption. V — the mechanisms to preserve the nature of the service provision. The payment obligations undertaken 110779 the Public Administration under a public-private partnership contract may be guaranteed by: