DECREE NO 8,223, DE April 3, 2014

Establishes the margin application of preference in tenders undertaken within the federal public administration for purchase of toys, for the purposes of the art. 3º of Law No. 8,666 of June 21, 1993.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers him on art. 84, caput, inciso IV, of the Constitution, and in view of the provisions of § § 5º, 6º, 8º and 9º of the art. 3º of Law No. 8,666 of June 21, 1993,

DECRETA:

Art. 1º The application of normal preference margin for purchase of toys, as per cent and description of Annex I, is established in tenders conducted within the federal public administration for the purposes of the art. 3º of Law No. 8,666 of June 21, 1993 and with views to the promotion of sustainable national development.

Single Paragraph. The editals for procurement of the products described in Annex I, published after the date of entry into force of this Decree, should contemplate the application of the margin of preference that it treats the caput.

Art. 2º The preference margin of which treats the art will be applied. 1º only for domestic manufactured products, as per the rules of origin established in act of the Minister of Development, Industry and Foreign Trade.

§ 1º The bidder is expected to submit, together with the proposal, a declaration form of compliance with the rule of origin, as model published in act of the Minister of Development, Industry and Foreign Trade.

§ 2º In the electronic prestop modality:

I-the bidder shall declare, during the enrollment phase of the tenders, whether the product meets the source rule ; and

II-the form referred to in § 1º is to be submitted with the documents required for enabling.

§ 3º The product that does not meet the rules of origin or whose bidder does not fearfully present the form referred to in § 1º will be considered as a foreign manufacturing product for the purposes of this Decree.

Art. 3º The margin of preference that it treats art. 1º will be calculated on the lowest offered price of foreign manufactured product, as per the formula given in Annex II and the following conditions:

I-the offer price of national manufactured product will be considered less than PE whenever its value is equal to or lower than PM ; and

II-the offer price of national manufactured product will be considered greater than PE whenever its value is superior to PM.

Art. 4º The margin of preference that it treats art. 1º will be applied for classification of tenders:

I-after the bidding phase, in the session modality ; and

II-in the trial and classification of tenders, in the other bidding modalities.

§ 1º The preference margin will not be applied if the lowest bid price is of product national manufacturing.

§ 2º Case the bidder bidder classified in the first place is disabled or no longer fulfilled the obligation under the inciso II of § 2º of the art. 2º, the reclassification of the proposals should be carried out for the purposes of the application of the margin of preference.

§ 3º Case the tender has by trial criterion the lowest price of the group or lot, the margin of preference will only be applied if all items that make up the group or lot meet the source rule of which it treats the art. 2º.

§ 4º The application of the preference margin will not exclude the negotiation between the pregoer and the winner of the stage of bids, provided for in § 8º of the art. 24 of Decree No 5,450 of May 31, 2005.

§ 5º The application of the preference margin will not exclude the right of preference for microenterprises and small-sized businesses, set out in the art. 44 and art. 45 of Supplementary Law No. 123 of December 14, 2006.

§ 6º The application of the preference margin will be conditional on compliance, at the time of tender, the provisions of § 9º of the art. 3º of Law No. 8,666, 1993.

Art. 5º While the federal Government Procurement Portal is not adapted for the provisions of § 3º of the art. 4º, the convening instrument should specify the calculation method of the global value that contemplates, individually, the impact of the application of the margin on each item, observed the provisions of this Decree.

Art. 6º The margin of preference that it treats art. 1º will be applied until December 31, 2015, for the products described in Annex I.

Art. 7º This Decree shall enter into force on the date of its publication.

Brasilia, April 3, 2014 ; 193º of the Independence and 126º of the Republic.

DILMA ROUSSEFF

Guido Mantega