Provisional Measure No. 2026, Of 4 May 2000

Original Language Title: Medida Provisória nº 2.026, de 4 de Maio de 2000

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provisional measure no. 2026, of 4 May 2000.
Establishes, within the Union, pursuant to art. 37, item XXI, of the Federal Constitution, bidding mode called, bidding for procurement of goods and services.
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) the following shall be considered as 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 the usual specification on the market.
§ 2 the regulation will have about the 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, license requirements, acceptance of the proposed credits, penalties for default and the clauses of the contract, including the setting of deadlines for supply;
II-the object definition must be accurate, sufficient and clear, without specifications, by excessive, irrelevant or unnecessary, restrict competition;
III-the case of the procedure showing justification 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 promoter of the bidding, the goods or services to be offered; and IV-the competent authority shall designate, among the servers of the promoter of the bidding, the auctioneer, whose assignment includes 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.
Art. 4 the external trading phase will begin with the convening of the parties and shall observe the following rules: (I)-the invocation of those concerned will be effected through publication of notice in the Official Gazette, in newspapers of wide circulation and, optionally, by electronic means;
II-the notice shall contain the object definition, the indication of the place, days and hours that can be read or obtained integrates the public notice and received the proposals;
III-the announcement shall contain all the elements defined in item I of the previous article, the standards which regulate the procedure;
IV. copies of the notice and the notice will be made available for consultation by any person the following;
V-praxo set for the submission of tenders, counted from the publication of the notice, shall not be less than eight working days;
I saw it 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 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-the license shall be bidder's own statement that is legally before the National Treasury, the Social Security and the guarantee fund-FGTS Service time, that meets the requirements of the notice as to the legal qualification and technical and economic-financial qualification;
VIII-in session, those interested will deliver the envelopes containing the object and the price offered by the immediate opening and verification of compliance of the proposals with the requirements laid down by the calling instrument;
IX-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;
X-in the absence of at least three offerings under the conditions laid down in the previous paragraph, can the authors of the three best proposals offer new verbal and successive throws, whatever prices offered;
XI-to trial and classification of proposals will be adopted the criterion of the lowest price, observed maximum deadlines for supply, the specification technique and minimum performance parameters and quality defined in the notice;
XII-examined the proposal ranked first, as to the object and value, the town crier decide so justified about their acceptability;
XIII-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 the conditions and meeting the required documentation in the public notice, which shall include certificates of regularity before the National Treasury, the Social Security and the FGTS, as well as the negativiade of bankruptcy and composition;
XIV-bidders can submit the qualification documents that already included in the Unified Registration System Suppliers-assured the other bidders SICAF the right of access to data in constants;
XV-in the case of disqualification of the tenderer who has submitted the best offer will be analyzed habilitatórios documents of the bidder's proposal ranked second, and so on, until a bidder meets the conditions laid down by the calling instrument;
XVI-verified meet the requirements laid down in the invitation to bid, the bidder will be declared the winner;
XVII-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;
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 counter-rationale in as many days, which will run from the end of the term, being them ensured immediate view autos;
XIX-the resource host will import the invalidation only acts to deny defendants the right of exploitation;
XX-the lack of immediate manifestation and motivated bidder will matter to estoppel, the right of appeal and award by the auctioneer to the winner;
XXI-decided the features, the competent authority shall make the award to the winning bidder;
XXII-approved the bid by the competent authority, the successful tenderer shall be convodado to sign the contract within the time limit set in the notice; and XXIII-if the loicitante winner, convened within the period of validity of its proposal, not to celebrate the agreement, it will apply the provisions of paragraph XVII.
Art. 5 the requirement is prohibited: (I)-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.
Art. 6. The period of validity of tenders will be if 60 days, if other is not stipulated in the public notice.
Art. 7 Who makes false statement or fail to submit the documentation required for the event to be prevented from hiring with the Union, and, if applicable, will be contracting at SICAF, for a period of up to five years, to the detriment of the fines provided for in public notice and in the contract and other legal cominações.
Art. 8 apply subsidiarily, for trading mode, the rules of law No. 8666, of 21 June 1993.
Art. 9 This provisional measure shall enter into force on the date of its publication.
Brasilia, 4 May 2000; 179 of independence and 112 of the Republic.
Fernando Henrique Cardoso Martus Tavares

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