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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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.
The guarantees of the FGP to each quotaholder shall be made in proportion to the value of his quotas. II — respect for the interests and rights of service users and of private entities responsible for service provision.
The payments from the Public Administration to the private partner in public-private partnership contracts may take the form of: IV — granting of rights over real estate owned by the government. The trust funds assets will not be subject to search and seizure resulting from other obligations of the FGP.
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.
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 — 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.
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.
Administrative concessions shall be regulated by this Law and additionally by art.
The FGP shall not pay any dividends to its quotaholders. 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. 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.
IV — the forms of remuneration and adjustment of contractual values. 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 opening of the bidding process requires: III — obtaining surety bonds from insurance companies not controlled by the state. The payment provided by the Public Administration shall obligatorily be preceded by service delivery.
The Ministries and Regulatory Agencies shall present to the body described in the caput of article. VI — trust funds settled by the FGP to provide guarantees to the private partners.
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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 quotaholders shall have the right to make full or partial redemptions of quotas, corresponding to equity as yet unused for the concession of guarantees.
V — guarantees provided by a guarantee fund or by a state-owned enterprise set up for this purpose. I — the Ministry of Planning, Budget and Management, with regard to the merit of the project.
The FGP may set up trust funds to provide guarantees to specific private partners. The following guidelines shall be observed when contracting public-private partnerships: I — efficiency in the fulfillment of the missions of the State and in the use of public resources.
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.
lei 11079 de 2004 pdf writer
Brasilia, December 30th, 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. 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. 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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III — authorization for opening bidding leei and approval of invitations to tender. The clauses of public-private partnership contracts shall be in accordance with the provisions of art. The invitation to tender shall specify, when applicable, the payment guarantees to be granted by the public sector to the private partner.
IV — guarantees granted by international organizations or by financial institutions not controlled by the state. The redemption price shall be determined based on the equity value of the FGP on the date of 1107. 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. III — statement by the party responsible for authorizing the expenditure 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.
I — the term of the contract, li shall be in line with the amortization of the investments to be made by the private partner, not shorter than 5 five eli, and not longer than 35 thirty-five years, including possible extensions.
This Law establishes general norms for public-private partnership tenders and contracts within the Federal Government, States, Federal Leei and Municipalities. 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 — estimate of budgetary and financial impact in the periods in which the public-private partnership contract shall be leei effect.
IV — fiduciary transfer of ownership, remaining the possession of the assets, until execution of the guarantees, with the Ldi or with a trustee contracted by the Fund. The payment obligations undertaken by the Public Administration under a public-private partnership contract may be guaranteed by:.
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: V — the mechanisms to preserve the nature of the service provision. A public-private partnership is a concession contract, in the sponsored or administrative forms.
I — authorization by the public authority, based on a technical study that shall demonstrate:. I — definition of priority services to be procured in the public-private partnership format. The following guidelines shall be observed when contracting public-private partnerships:. This is a free translation offered only as a convenience to support foreign investors.