DECREE N °- 7,709, DE April 3, 2012

Establishes the margin application of preference in tenders undertaken within the Federal Public Administration for the acquisition of retroexcavators and motonivelers described in Annex I for the purposes of the art. 3 °of Law n °8,666, of June 21, 1993.

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

D E C R E T A:

Art. 1 ° It is established the application of preference margin for acquisition of retroexcavators and motonivelers, as per percentage and descriptions of Annex I, in the tenders undertaken within the federal public administration with views to 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. 2 ° It will be applied the margin of preference that it treats art. 1 ° only for domestic manufactured goods, as per the rules of origin set out in the portal of the Minister of State for Development, Industry and Foreign Trade.

§ 1 ° The bidder shall submit, together with the proposal, a declaration form of compliance with the rules of origin, as model published in portion of the Minister of State for Development, Industry and Foreign Trade.

§ 2 ° In electronic prestop modality:

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

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

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

Art. 3 ° The margin of preference for which it treats art. 1 ° 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. 4 ° The margin of preference for which it treats art. 1 ° 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.

§ 1 ° The intended preference margin will not be applied if the lowest bid price is of the national manufactured product.

§ 2 Case the bidder of the proposed proposal in first is disabled, or cease to comply with obligation under the inciso II of § 2 ° of the art. 2 °, the reclassification of the proposals should be carried out for the purposes of the application of the margin of preference.

§ 3 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 rules of origin of which it treats the art. 2 °.

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

§ 5 The application of the preference margin does not exclude the right of preference for microenterprises and small-sized businesses, predicted in the arts. 44 and 45 of Supplementary Law No. 123 of December 14, 2006.

§ 6 The application of the margin of preference will be conditional on compliance, at the time of tender, the provisions of § 9 ° of the art. 3 ° of Law No. 8,666 of June 21, 1993.

Art. 5 ° The studies provided for in § 6 ° of the art. 3 ° of Law No. 8,666 of June 21, 1993, shall be reviewed annually from the date of publication of this Decree.

Art. 6 ° The margins of preference that it treats art. 1 ° shall apply until December 31, 2015.

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

Brasilia, April 3, 2012 ; 191 ° of the Independence and 124 ° of the Republic.

DILMA ROUSSEFF

Guido Mantega