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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The clauses of public-private partnership contracts shall be in accordance with the provisions of art.
FEDERAL LAW N. – EPL – Empresa de Planejamento e Logística S.A.
The guarantees of the FGP to each quotaholder shall be made in proportion to the value of his quotas. III — authorization for opening bidding processes and approval of invitations to tender. Taking into account the guarantees already granted and other obligations, the FGP shall not 1079 guarantees with a net present value that exceeds the total value of its assets. 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.
II — estimate of budgetary and financial impact in the periods in which the public-private partnership contract shall be in effect. I — pension funds; II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government. 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.
IX — the sharing with the Public Administration of the economic gains of the private partner resulting from the reduction of credit risk 1109 to the funding contracted by the private partner.
The payment obligations undertaken by the Public Administration under a public-private partnership contract may be guaranteed by: The redemption price shall be determined based on the equity value of the FGP on the date of redemption. II lri the possibility that public sector lej can be made directly to project funders. Before contract execution, bidders must set up a special purpose entity, which shall be responsible for implementing and managing the project.
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.
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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:. I — authorization by the public authority, based on a technical study that shall demonstrate: 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.
This Law establishes general norms for public-private partnership tenders and contracts within the Federal Government, States, Federal District and Municipalities. 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 attain a minimum number of points are disqualified, not taking part in the subsequent stages.
The Ministries and Regulatory Agencies shall present to the body described in the caput of article.
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 payment provided by the Public Administration shall obligatorily be preceded by service delivery. 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.
I — requirement of bid bond, subject to the limit established in item III of article. The invitation to tender shall specify, when applicable, the payment guarantees to be granted by the public sector to the private partner.
VI — trust funds settled by the FGP 110779 provide guarantees to the private partners. VII — the objective criteria for evaluating the performance of the private partner.
IV — granting of rights over real estate owned by the government. The opening of the bidding process requires: 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.
The opening of the bidding process requires:. 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.
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 — the Ministry of Planning, Budget and Management, with regard to the merit of the project. 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.
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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.
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.
IV llei 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. The constitution of trust funds shall be registered by a 110079 Estate Notary in the case of real estate or by a Regular Public Notary in the case of other types of assets. 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.