interim measure No. 2.026-1, of June 1, 2000.

Institution, within the Union, in the terms of art. 37, inciso XXI, of the Federal Constitution, tender modality named as a cover, for purchase of common goods and services.

THE VICE PRESIDENT OF THE REPUBLIC, in the exercise of the post of CHAIRMAN OF THE REPUBLIC, using the attribution conferring you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:

Art. 1º For the acquisition of common goods and services, the Union will be able to adopt tender in the trading modality, which will be governed by this Provisional Measure.

§ 1º We consider common goods and services, for the purposes and effects of this article, those whose performance and quality standards can be objectively defined by the edition, by means of usual specification in the market.

§ 2º The Regulation will have on the goods and services of which it treats this article.

Art. 2º Trading is the tender modality for purchase of common goods and services, promoted exclusively within the Union, whatever the estimated value of contracting, where the dispute for supply is made by means of bids and bids in public sitting.

Single Paragraph. The Afghan can be carried out through the use of information technology resources, in the terms of specific regulations.

Art. 3º The preparatory phase of the Afghan will observe the following:

I-the competent authority shall justify the need for contracting and define the object of the certain, the habilitation requirements, the criteria for acceptance of tenders, the penalties for inadimpletion and the clauses of the contract, including with fixing the deadlines for supply ;

II-the definition of the object should be precise, sufficient and clear, without specifications which, by excessive, irrelevant or unnecessary, limit the competition ;

III-of the auctions of the procedure shall contain the justification of the definitions referred to in the inciso I of this article and the indispensable technical elements on which they are supported, as well as the budget, drawn up by the promoter body of the tender, of the goods or services to be tender ; and

IV-the competent authority shall designate, among the servers of the promoter organ of the tender, the pregoer, whose assignment includes the receipt of the bids and bids, the analysis of their acceptability and their classification, as well as the habilitation and the adjudication of the object of the certame to the winning bidder.

Art. 4º The external phase of the Afghan will be initiated with the convocation of the stakeholders and will observe the following rules:

I-the convocation of the stakeholders will be effected by means of notice publication in the JournalOfficial of the Union, in newspapers of great circulation and, optionally, by electronic means ;

II-of the notice will contain the definition of the object, the indication of the location, days and times in which it can be read or obtained the integration of the edition and received the proposals ;

III-of the edition will contain all of the elements defined in the form of the inciso I of the previous article and the norms that discipline the procedure ;

IV-copies of the edition and the respective notice shall be made available to any person for consultation ;

V-the praxo fixed for the submission of tenders, counted from the publication of the notice, will not be less than eight working days ;

VI-on the day, time and place designated, public session shall be held for receipt of the proposals, and the person concerned, or his representative, shall identify and, if appropriate, prove the existence of the necessary powers to formulation of proposals and for the practice of all the other acts inherent in the certame ;

VII-the habilitation shall be made with declaration by the bidder himself that he is in a regular situation before the National Farm, Social Security and the Service Time Guarantee Fund-FGTS, as well as meeting the requirements of the edition as to legal habilitation and technical and econo-financial skills ;

VIII-open the session, those interested shall deliver the envelopes containing the indication of the object and the price offered, by proceeding to its immediate opening and to the verification of the conformity of the proposals with the requirements set out in the convocatory instrument ;

IX-in the course of the session, the author of the lower value offer and those of the offers with prices up to ten per cent higher than that will be able to make new verbal and successive bids, until the proclamation of the winner ;

X-not having at least three offers under the conditions set forth in the earlier incision, will be able to the authors of the three best proposals offer new verbal and successive bids, whatever the prices offered ;

XI-for trial and classification of tenders, the lowest price criterion, observed the maximum time limits for supply, the technical specifications and minimum performance and quality parameters defined in the edition ;

XII-examined the ranked proposal in the first place, as to the object and value, it will be up to the pregoer to decide on a motion basis on the basis of its acceptability ;

XIII-closed the competitive step and ordered the offers, the pregoer will make the opening of the casing containing the licentiate's enabling documents that presented the best proposal, for verification of the fulfillment of the conditions fixed and the documentation required in the edition, which will include regularity certificates before the National Farm, Social Security and FGTS, as well as bankruptcy and bankruptcy negativiity ;

XIV-bidders will be able to no longer present the habilitation documents that already build on the Unified Supplier System-SICAF, secured to the other bidders the right of access to the data in it constants ;

XV-in the case of the bidder's inabilitation that has submitted the best offer, the bidder's habilitation documents with the proposal ranked second, and so successively, will be analyzed until a bidder meets the conditions laid down in the convocatory instrument ;

XVI-verified the fulfillment of the requirements fixed in the edition, the bidder will be declared winner ;

XVII-if the offer is not acceptable or if the bidder disregards to the enabling requirements, the pregoer will examine the subsequent offers and qualification of the bidders, in the order of classification, and so successively, until the ascertaining of one that meets the edition, being the respective bidder's declared bidder ;

XVIII-declared the winner, any bidder will be able to express immediate and motily the intention to appeal, when it will be granted the three-day deadline for submission of the reasons for the appeal, staying the remaining bidders since soon subpoenaed to present counter-reasons in equal number of days, which will begin to run from the termination of the time frame arising, and assured them of immediate view of the autos ;

XIX-the host of appeal will import the invalidation only of the unsustainable acts of exploitation ;

XX-the lack of immediate and motivated demonstration of the bidder will import the preclusion of the right of appeal and adjudication by the pregoer to the winner ;

XXI-decided the resources, the competent authority shall make the award to the winning bidder ;

XXII-homologated to tender by the competent authority, the adjudicator will be consigned to sign the contract within the time defined in the edition ; and

XXIII-if the winner-winner, convened within the period of validity of his tender, does not enter into the contract, the provisions of the inciso XVII shall apply.

Art. 5º It is vetoed the requirement of:

I-tender guarantee ;

II-acquisition of the edible by bidders, as a condition for participation in the certame ; and

III-payment of fees and emoluments, save those regarding the supply of the edital, which will not be superior to the cost of its graphic reproduction.

Art. 6º The term of validity of tenders shall be if sixty days, if another is not fixed in the edition.

Art. 7º Whoever makes false declaration or no longer presents the required documentation for the certame will be prevented from hiring with the Union, and, if applicable, will be described in the SICAF, by the time limit of up to five years, at the expense of the fines provided for in the edition and in the contract and the other legal comments.

Art. 8º Apply subsidarily, for the trading modality, the standards of Law No. 8,666 of June 21, 1993.

Art. 9º Stay convalidated the acts practiced on the basis of the Provisional Measure No. 2,026 of May 4, 2000.

Art. 10 This Provisional Measure shall come into force on the date of its publication.

Brasilia, June 1, 2000 ; 179º of Independence and 112º of the Republic.

March Antonio of massiel olive tree

Martus Tavares