DECREE NO 7,888, DE January 15, 2013

establishes the demand for the acquisition of domestic manufactured goods and national services in the integral urban mobility actions of the Growth-CAP Acceleration Program.

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 art. 3º-A of Law No. 11,578 of November 26, 2007

D E C R E T A:

Art. 1º The tender editions and contracts required to run the Urban mobility actions integral to the Growth-CAP Acceleration Program should provide for the mandatory acquisition of domestic manufactured products and services nationals as per the following criteria:

I-eighty per cent, at the very least, of the total value spent on the products listed in Annex I should be used in the procurement of domestic manufactured goods ; and

II-one hundred per cent of the total value spent on the services listed in Annex II should be used in the acquisition of national services.

§ 1º For the purposes of the caput, they are considered:

I-domestic manufactured products-products submitted to any operation that modifies their nature, the nature of their inputs, their purpose or enhances them for consumption, produced in the national territory according to the basic productive process disciplined in normative act specific or with the rules of origin established in Act of the Ministry of Development, Industry and Foreign Trade ; and

II-national services-services classified in accordance with the Brazilian Nomenclature of Services, Intangible and Other Operations that Produce Variations in the Heritage, instituted by Decree No 7,708 of April 2, 2012, designed and provided on the national territory or provided as per criteria set out in Act of the Ministry of Development, Industry and Foreign Trade.

§ 2º The items listed in the Annexes I and II will be detailed in Interministerial Portaria of the Ministry of Planning, Budget and Management and the Ministry of Development, Industry and Foreign Trade.

§ 3º Specific Act of the Minister of State for Planning, Budget and Management may exception the Union and the entities of the indirect federal administration of the mandatory requirement in the caput, in the event of product acquisitions national manufacturing and national services required to carry out the actions of the Growth-PAC Acceleration Program.

Art. 2º The terms of engagement referred to in art. 3º of Law No. 11,578 of November 26, 2007, should provide for the mandatory inclusion of the requirement to purchase domestic manufactured goods and national services, as per the criteria set out in art. 1º, in the editals and contracts necessary for the implementation of the CAP's integral urban mobility actions

§ 1º The States, the Federal District and the Municipalities shall be responsible, as per the terms of commitment referred to in the caput, for scrutinizing compliance with the constant requirement of art. 1º, provided the Union with the realization of the necessary steps.

§ 2º The terms of engagement will establish the form and periodicity through which states, the Federal District and Municipalities will attest to the conformity of the realization of the CAP's integral urban mobility actions under its responsibility with the constant requirement of art. 1º.

§ 3º The defiance by the States, the Federal District and the Municipalities of the provisions of this article shall cover the consequences provided for in Law No. 11,578 of 2007, applicable in the hypothesis of discompliance with the terms of commitment.

Art. 3º The Ministry of Development, Industry and Foreign Trade will be able to indicate Brazilian technical standards to be met in the integral urban mobility actions of the Growth-PAC Acceleration Program.

Art. 4º This Decree shall enter into force on the date of its publication.

Brasilia, January 15, 2013 ; 192º of Independence and 125º of the Republic.

DILMA ROUSSEFF

Nelson Henrique Barbosa Filho

Fernando Damata Pimentel

Miriam Belchior

Aguinaldo Ribeiro