DECREE NO7,601, DE November 7, 2011

Establishes the margin application of preference in tenders undertaken within the federal public administration for procurement of products from confections, footwear and artifacts, for the purposes of the art. 3ºof Law No.8,666, of June 21, 1993.

THE REPUBLIC OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and in view of the provisions of art. 3º, § 5º, § 6º and § 8º, of Law No. 8,666 of June 21, 1993,

D E C R E T A:

Art. 1º The application of preference margin for acquisition of products of confections, footwear and artifacts, as percentage and descriptions of Annex I, is established in the tenders conducted within the federal public administration, with views to the promotion of sustainable national development.

Single Paragraph. Editals for acquisition of the products described in Annex I published after the date of entry into force of this Decree should contemplate applying the preference margin of which it treats the caput.

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

§ 1º The bidder is expected to submit, together with the proposal, a declaration form of compliance with the rules of origin, as model published in Portaria of the Ministry 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 rules of origin ; and

II-the form referred to in § 1º must be submitted together with the required documents to habilitation.

§ 3º 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. 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 the 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 leave from comply with 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 rules of origin of which it treats the art. 2º.

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

§ 5º 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.

Art. 5º The margins of preference that it treats art. 1º will be applied for six months, counted as of the date of publication of this Decree.

Art. 6º This Decree shall enter into force on the date of its publication.

Brasilia, November 7, 2011 ; 190º of the Independence and 123º of the Republic.

DILMA ROUSSEFF

Guido Mantega

ANNEX