DECREE N°-7,709, of 3 APRIL 2012 Establishes the application of margin of preference in bidding carried out within the framework of the Federal Public Administration for acquisition of backhoes and graders described in annex I, for 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 powers conferred. 84, heading, paragraph IV, of the Constitution, and in view of the provisions of art. 3°, ¶ 5°, 6°, 8° and 9°, of the law No. 8,666, of 21 June 1993, D E C R E T a: Art. 1° Is established the application of margin of preference for acquisition of backhoes and graders, as percentages and descriptions of annex I, in the tenders held in the context of the federal public administration, 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 Ordinance of the Minister of development, industry and foreign trade.
§ 1° the bidder must present, along with the proposal, declaration form of compliance with the rules of origin, depending on the model published in order of the Minister of development, industry and foreign trade.
§ 2° electronic bidding mode: I-the bidder shall declare, at the time of registration of the proposals, if the product meets the rules of origin; and II-the form referred to in § 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 this article 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 provided for will not be applied if the lowest price offered is of 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 art. 2°, shall be held 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 rules of origin in the art. 2°.
§ 4° application of the margin of preference does not preclude the negotiation between the auctioneer and the winner of the bidding phase, provided for in § 8 of art. 24 of Decree n° 5,450, of 31 May 2005.
§ 5° application of the margin of preference does not exclude the right of first refusal of the micro and small enterprises, provided for in arts. 44 and 45 of the complementary law No. 123 of December 14, 2006.
§ 6° applying the margin of preference will be conditional on the fulfilment, at the time of bidding, the provisions of § 9 of the art. 3 of law No. 8,666, of 21 June 1993.
Art. 5° the studies provided for in § 6 of art. 3 of law No. 8,666, of 21 June 1993, will be reviewed annually as from the date of publication of this Decree.
Art. 6° the margins of preference in art. 1° shall be applied until 31 December 2015.
Art. 7° this Decree shall enter into force on the date of your publication.
Brasília, 3 April 2012; 191° and 124° independence of the Republic.
ROUSSEFF Guido Mantega