Decree No. 7903, 04 February 2013

Original Language Title: Decreto nº 7.903, de 04 de fevereiro de 2013

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DECREE NO-7,903, DE February 4, 2013

Establishes the application of preference margin in tenders conducted within the federal public administration for the acquisition of information technology equipment and communication it mentions.

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,

D E C R E T A:

Art. 1º The application of normal and additional preference margins for acquisition of information and communication technology equipment, as per percentage and descriptions of Annex I, is established in tenders conducted within the administration federal public, for the purposes of the provisions of 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 margins of preference.

Art. 2º The normal preference margin will be applied only to domestic manufactured products, as Basic Productive Process approved pursuant to Decree-Law No. 288 of February 28, 1967, and Law No. 8,248 of October 23, 1991.

§ 1º The bidder shall submit, together with the proposal, copy of the interministerial portion which attests to its habilitation to the incentives of Law No. 8,248, 1991, or copy of the Resolution of the Board of Directors of the Superintendency of the Franca Zone of Manaus-SUFRAMA that attests to your habilitation to the incentives of Decree-Law No. 288 of 1967.

§ 2º In the electronic prestop modality:

I-the bidder will declare, during the enrollment phase of the proposals, whether the product meets the Basic Productive Process ; and

II-copy of the portry or resolution referred to in § 1º is to be submitted at the time of delivery of the documents required for habilitation.

§ 3º The product that does not meet the Basic Productive Process referred to in this article, or whose bidder does not fearfully submit copy of the portion or resolution referred to in § 1º will be considered as manufactured product foreign for the purposes of this Decree.

Art. 3º The additional preference margin of which it treats Art. 1º only for domestic manufactured products that have been developed in the Country, as per the requirements and criteria set out in joint act of the State Ministers of Development, Industry and Foreign Trade and Science, Technology and Innovation

Art. 4º The margins 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 higher than PM.

Art. 5º The margins of preference that it treats art. 1º will be applied for classification of proposals:

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 margins of preference will not be applied if the lowest price offered is national manufactured product.

§ 2º Should the bidder of the proposal ranked first be disabled, or cease to fulfil the obligations laid down in the art. 2º or art. 3º, the reclassification of the proposals should be carried out for the purposes of application of the margins of preference.

§ 3º Case the tender has by judgment criterion the lowest price of the group or lot, the preference margin may be applied against the specific item or items that make up the group or lot, and the calculation of the global value of the lot consider, individually, the impact of the application of the margin on each item.

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

§ 5º The application of preference margins will not exclude the right of preference for micro-enterprises and small businesses, provided for in the arts. 44 and 45 of Supplementary Law No. 123 of December 14, 2006.

§ 6º The right of preference provided for in art. 5º of Decree No. 7,174 of May 12, 2010, may be exercised only after the application of the margins of preference.

§ 7º The application of the margins of preference shall be conditional on compliance, at the time of the tender, of the provisions of § 9º of the art. 3º of Law No. 8,666, 1993.

Art. 6º While the federal Government Procurement Portal is not adapted for the provisions of § 3º of the art. 5º, 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. 7º The margins of preference that it treats art. 1º will be applied until December 31, 2015, for the products described in Annex I.

Art. 8º This Decree shall enter into force on the date of its publication.

Brasilia, February 4, 2013 ; 192º of Independence and 125º of the Republic.

DILMA ROUSSEFF

Guido Mantega