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 competitive tendering for contracting public-private partnerships shall comply with the procedures 20004 forth in the legislation that regulates tenders and administrative contracts and also the following: 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.
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. Brasilia, December 30th, 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 obligations undertaken by the Public Administration.
The payment provided by the Public Administration shall lfi be preceded by service delivery. 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.
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2004 contract may stipulate a variable payment to the private partner linked to its performance, which shall be assessed against required quality and availability standards.
IV — granting of rights over real estate owned by the government. 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 contracted by the private partner. III — granting of rights against the Public Administration. 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 the sole paragraph of art.
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 limit the number of bids.
This is a free translation offered only as a convenience to support foreign investors. The quotaholders shall have the right to make full or partial redemptions of lfi, corresponding to equity as yet unused for the concession of guarantees. I — the Ministry dr Planning, Budget and Management, with regard to the merit of the project; II — the Ministry of Finance, with regard to the viability of granting public payment guarantees and their form, relative to the risks for the National Treasury and compliance with the limit set forth in art.
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II — estimate of budgetary and financial impact in the periods in which the public-private partnership contract shall be in effect. The invitation to tender shall specify, when applicable, the payment guarantees to be granted by the public sector to the private partner.
V — guarantees provided by a guarantee fund or by a state-owned enterprise set up for this purpose. This Law shall be in effect from the date of its publication. The opening of the bidding process requires: IV — the forms of remuneration and adjustment of contractual values.
I — the Ministry of Planning, Budget and Management, with regard to the ed of the project. 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.
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III — authorization for opening bidding processes and approval of invitations to tender. The opening of the bidding process requires:. The following guidelines shall be observed when contracting public-private partnerships: I — 204 funds; II — state-owned enterprises or corporations with mixed public and private capital controlled by the Federal Government.
Public-private partnerships shall be procured by competitive public bidding. Administrative concessions shall be regulated by this Law and additionally by art. The payment obligations undertaken by the Public Administration under a public-private partnership contract may be guaranteed by:.
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 eli are directly or indirectly controlled by the Federal Government, States, Federal District and Municipalities. II — the penalties applicable to the Public Dde 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.
I — authorization by the public authority, based on a technical study that shall demonstrate:. II — the possibility that public sector payment can be made directly to project funders.
The constitution of trust funds shall be registered by a Real Estate Notary in the case of real estate or by a Regular Public Notary in the case of other types of assets. III — the use of private mechanisms for dispute resolution, including arbitration, to be conducted in Brazil re in the Portuguese language, according to Lawdated September 23rd,in order to resolve conflicts that may arise in relation to the contract.
VI — trust funds settled by the FGP to provide guarantees to the private partners. IV — guarantees granted by international organizations or by financial institutions not controlled by the state. 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 FGP may set up trust funds to provide guarantees to specific private partners.
Pei Law establishes general norms for public-private partnership tenders and contracts within the Federal Government, States, Federal District and Municipalities. 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.
The Ministries and Regulatory Agencies shall be responsible, ee their respective jurisdictions, for submitting the invitation to tender to the agency, carrying 110799 the bidding process, monitoring and controlling the public-private partnership contracts. 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.
II — respect for the interests and rights re service users and of private entities responsible for service provision.