Decree No. 8,223, 03 April 2014

Original Language Title: Decreto nº 8.223, de 03 de abril de 2014

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Decree No. 8,223, of 3 APRIL 2014 Establishes the application of margin of preference in bidding carried out within the framework of the federal public administration for the purchase of toys, for the purposes of the provisions of art. 3 of law No. 8,666, of 21 June 1993.
The President of the REPUBLIC, in the use of the role that gives the art. 84, heading, paragraph IV, of the Constitution, and in view of the provisions of §§ 5, 6, 8 and 9 of the art. 3 of law No. 8,666, of 21 June 1993, DECREES: Art. 1st Is the application of normal preference margin for the purchase of toys, as percentage and description of annex I, in tenders carried out within the framework of the federal public administration, for the purposes of the provisions of art. 3 of law No. 8,666, of 21 June 1993, and with a view to sustainable national development.
Sole paragraph. The bids for the purchase of products listed in annex I, published after the date of entry into force of this Decree, should include the application of the margin of preference in the caput.
Art. 2 will apply the margin of preference in art. 1 only for products manufactured in accordance with the national rules of origin laid down in Act the Minister of development, industry and foreign trade.
(1) the bidder must present, along with the proposal, declaration form of compliance with the rule of origin, as published in model act the Minister of development, industry and foreign trade.
§ 2 in the electronic bidding mode: I-the bidder shall declare, at the time of registration of the proposals, if the product meets the rule of origin; and II-the form referred to in paragraph 1 shall be presented with the documents required for a license.
§ 3 the product that does not meet the rules of origin or whose present timely not the bidder form referred to in paragraph 1 shall be considered as a product manufactured abroad for the purposes of this Decree.
Art. 3 the margin of preference in art. 1 shall be calculated on the lowest price offered of artifact, as foreign the formula provided for in Annex II and the following conditions: (I) the price offered to national artifact is considered less than PE where your value is equal to or less than the PM; and II-the price offered of artifact will be considered greater than national PE where your value is higher than the PM.
Art. 4 the margin of preference in art. 1 shall be applied to the classification of proposals: I-after the bidding phase, in trading mode; and (II)-the judgment and ranking of the proposals, in other bidding procedures.
§ 1 the margin of preference will not be applied if the lowest price offered is national artifact.
(2) If the bidder's proposal ranked first is disabled or no longer complies with the requirement referred to in item II of § 2 of article. Second, should be conducted the reclassification proposals, for the purposes of application of the margin of preference.
§ 3 If the bidding with the criterion of the lowest price of the trial group or batch, the margin of preference will only be applied if all the items that make up the group or batch meet the rule of origin in the art. 2.
§ 4 the application of the margin of preference will not delete the negotiation between the auctioneer and the winner of the bidding phase, provided for in § 8 of art. 24 of Decree No. 5,450, of 31 May 2005.
§ 5 the application of the margin of preference will not delete the right of first refusal of the micro and small enterprises, provided for in art. 44 and art. 45 of complementary law No. 123 of December 14, 2006.
§ 6 the application of the margin of preference will be conditional on the fulfilment, at the time of bidding, the provisions of § 9 of art. 3 of law No. 8,666, 1993.
Art. 5 While the purchasing Portal of the federal Government is not adapted to the provisions of § 3 of art. Fourth, the calling instrument shall specify the method of calculating the total amount that contemplate, individually, the impact of application of margin on each item, subject to the provisions of this Decree.
Art. 6 the margin of preference in art. 1 shall be applied until 31 December 2015, for the products described in annex I.
Art. 7 this Decree shall enter into force on the date of your publication.
Brasilia, April 3 2014; 193 of independence and 126 of the Republic.
ROUSSEFF Guido Mantega

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