PROVISIONAL MEASURE No. 2,182? 17, of 26 July 2001 Establishes, within the Union, pursuant to art. 37, item XXI, of the Federal Constitution, bidding mode called, bidding for procurement of goods and services, and other matters.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 62 of the Constitution, adopts the following provisional measure, with force of law: Art. 1 For procurement of goods and services, the Union may adopt bidding in auction mode, which will be governed by this provisional measure.
(1) Consider? if common goods and services, for the purposes and the purposes of this article, those whose standards of performance and quality can be objectively defined by edict, by means of usual market specifications.
§ 2 the regulation will have on the common goods and services contemplated in this article.
Art. 2nd Floor is the mode of bidding for procurement of goods and services, promoted exclusively within the Union, whatever the estimated value of the contract, in which the supply is made by way of tenders and bids in public session.
Sole paragraph. Can be accomplished through the use of information technology resources, in terms of specific regulations.
Art. 3 the preparatory phase of the trading floor will notice the following: I. the competent authority justify the need for contracting and sets the event object, enabling requirements, the criteria for acceptance of the proposals, the penalties for noncompliance and the clauses of the contract, including the setting of deadlines for supply;
II. the object definition must be accurate, sufficient and clear, sealed specifications that, for excessive, irrelevant or unnecessary, restrict competition;
III. the record of proceedings will appear in the background of the definitions referred to in paragraph I of this article and the essential technical elements that are supported, as well as the budget, prepared by the agency or entity promoting the bid, the goods or services to be offered; and IV? the competent authority shall appoint, from among the servers in the agency or entity promoting the bid, the auctioneer and their support staff, whose role includes, among others, the receipt of tenders and bids, the analysis of its acceptability and their classification, as well as enabling and the award of the event object to the winning bidder.
§ 1 the support team should be integrated in his most effective position occupants servers or administration job, preferably belonging to the permanent staff of the organ or entity promoting the event.
(2) under the Ministry of defence, the town crier and functions as a member of the support team may be performed by the military.
Art. 4 the external trading phase will begin with the convening of the parties and shall observe the following rules: (I)? the summons of the Parties shall be effected through publication of notice in the Official Gazette, optionally, by electronic means and as the face of the bid, in mass circulation newspaper, under regulation contemplated in paragraph 2 of art. 1;
II. the notice shall contain the definition of the object of the bidding, the indication of the place, days and hours that can be read or obtained the full announcement;
III. the announcement shall contain all the elements defined in the form of item (I) of art. third, the rules regulate the procedure and the draft of the contract, if applicable;
IV. copies of the notice and the notice will be made available for consultation by any person the following and disseminated in the form of law No. 9755, of 16 December 1998;
V? the deadline for the submission of tenders, counted from the publication of the notice, shall not be less than eight working days;
I SAW? on the day, time and place appointed, public session will be held for receipt of tenders, and the person concerned, or his representative, to identify himself and, if appropriate, to prove the existence of the necessary powers for the formulation of proposals and for the practice of all other acts inherent in competition;
VII. Open the session, those interested will deliver the envelopes containing the object and the price offered by? their openness and immediate verification of compliance of the proposals with the requirements set forth by the calling instrument;
VIII. in the course of the session, the author of the offer of lower value and price offerings to upper 10% that can make new verbal bids and, until the proclamation of the winner;
IX. in the absence of at least three offerings under the conditions laid down in item VIII, can the authors of the best proposals, up to a maximum of three, offer new verbal and successive throws, whatever prices offered;
X? for trial and classification of proposals will be adopted the criterion of the lowest price, observed maximum deadlines for supply, technical specifications and minimum performance parameters and quality defined in the notice;
XI? examined the proposal ranked first, as to the object and value, the town crier decide so justified about their acceptability;
XII. closed competitive step and ordered the bidding, the auctioneer will opening the envelope containing the qualification documents of the bidder who has submitted the best tender, for verification of meeting the conditions set out in the notice;
XIII. enabling far?? with the verification that the bidder is legally before the National Treasury, the Social Security and the guarantee fund of the service? FGTS, and with the proof that meets the requirements of the notice as to the legal qualification and technical and economic-financial qualification;
XIV. bidders can submit the qualification documents that already included in the Unified Registration system of Suppliers? SICAF, assured the other bidders the right of access to data in constants;
XV? checked the attendance of the requirements laid down in the invitation to bid, the bidder will be declared the winner;
XVI. If the offer is not acceptable or if the bidder desatender habilitatórias requirements, the auctioneer shall examine the subsequent offers and the qualification of bidders, in the sort order, and so on, until the determination of one that meets the edict, being the respective bidder declared the winner;
XVII. in the situations provided for in items XI and XVI, the auctioneer may negotiate directly with the proponent to be retrieved from better price;
XVIII. declared the winner, any bidder can demonstrate immediate and so justified the intention to use, when you will be granted a period of three days for the presentation of the reasons for the appeal, getting the other bidders immediately enjoined to submit against? reasons in as many days, which will run from the end of the term of the applicant, being assured them immediate view? autos;
XIX. the import feature hosting the invalidation only acts to deny defendants the right of exploitation;
XX? the lack of immediate manifestation and motivated bidder will import the decline of the right of appeal and the adjudição of the object of the bidding by the auctioneer to the winner;
XXI. determined the resources, the competent authority will award the bidding object to the winning bidder;
XXII. approved the bid by the competent authority, the successful tenderer shall be convened to sign the contract within the time limit set in the notice; and XXIII. If the winning bidder, convened within the period of validity of its proposal, not to celebrate the contract apply?? item shall XVI.
Art. 5 you may not: (I) requirement? guarantee proposal;
II. acquisition bids by bidders, as a condition for participation in the competition; and III? payment of fees and charges, except those relating to provision of notice, which shall not be greater than the cost of reproduction, and the costs of use of information technology resources, if applicable.
Art. 6. The period of validity of the tenders shall be 60 days, if other is not stipulated in the public notice.
Art. 7 Who fails to deliver or present false documentation required for the event, lead to the postponement of the implementation of its object, don't keep the proposal fails or defraud in performance of the contract, support? if so behaves improperly or committing tax fraud, will be prevented from bidding and contract with the Union and, if applicable, will be contracting at SICAF, for a period of up to five years without prejudice to the penalties provided for in public notice and in the contract and other legal cominações.
Art. 8 essential trading acts, including those arising from electronic media, are documented in the respective process, with a view to gauging their regularity by control agents, in accordance with the regulation referred to in paragraph 2 of art. 1.
Art. 9. Apply if in the alternative, to the trading floor, the rules of law No. 8666, of 21 June 1993.
Art. 10. Get convalidados the acts performed on the basis of provisional measure no. 2,182? 16, of 28 June 2001.
Art. 11. This provisional measure shall enter into force on the date of its publication.
Brasília, 26 July 2001; 180 degrees of independence and 113 of the Republic.
FERNANDO HENRIQUE CARDOSO Silvano Gianni