Provisional Measure No. 2,108-12, 27 March 2001

Original Language Title: Medida Provisória nº 2.108-12, de 27 de Março de 2001

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PROVISIONAL MEASURE # 2.108-12, OF March 27, 2001

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, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers 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 specifications in the market.

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

Art. 2º Pregan is the bidding modality for acquisition of common goods and services, promoted exclusively within the Union, whatever the estimated value of the hiring, in which the dispute for supply is made by medium of proposals and bids in public session.

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, vetoed specifications which, by excessive, irrelevant or unnecessary, limit the competition ;

III-of the autos 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 body or entity promoter of the tender, of the goods or services to be tender ; and

IV-the competent authority shall designate, among the servants of the organ or promoter entity of the tender, the pregoer and the respective support staff, whose assignment includes, among others, the receipt of the tenders and bids, the analysis of their acceptability and their classification, as well as the habilitation and adjudication of the object of the certame to the winning bidder.

§ 1º The support team should be integrated in its majority by occupational occupiers of effective office or employment of the Administration, preferably belonging to the permanent frame of the organ or the promoter entity of the event.

§ 2º Within the Ministry of Defence, the functions of pregoers and member of the support team could be performed by military personnel.

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 persons concerned shall be effected by means of notice publication in the Official Journal of the Union, optionally, by electronic means and as per the vulture of the tender, in newspaper of large circulation, in the terms of the regulation of which treats § 2º of the art. 1º ;

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

III-of the edition will contain all the elements defined in the form of the inciso I of the previous article, the norms that discipline the procedure and the minuten of the contract, when it is the case ;

IV-copies of the edition and the respective notice shall be made available to any person for consultation and disclosed in the form of Law No 9,755 of December 16, 1998 ;

V-the deadline set for the submission of tenders, counted from the publication of the notice, shall 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-open the session, those interested will 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 ;

VIII-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 ;

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

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

XI-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 in respect of its acceptability ;

XII-closed the competitive step and ordered the offers, the pregoer shall make the opening of the casing containing the licentiate's enabling documents which presented the best proposal, for verification of the fulfillment of the conditions fixed in the edital ;

XIII-the habilitation will take place with the verification that the bidder is in a regular situation before the National Farm, Social Security and the Service Time Guarantee Fund-FGTS, and with the proof that it meets the requirements of the edition as to legal habilitation and technical and economic and economic qualifications ;

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

XVI-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 ;

XVII-in the situations provided for in the incisors XI and XVI, the pregoer will be able to negotiate directly with the bidder for better price to be obtained ;

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 applicant's deadline, and shall be assured 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 decay of the right of appeal and the adjudication of the object of bidding by the pregoer to the winner ;

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

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

XXIII-if the winning bidder, convened within the period of validity of his proposal, does not enter into the contract, the provisions of the inciso XVI 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 edition, which will not be superior to the cost of its graphic reproduction, and to the costs of using information technology resources, when it is the case.

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

Art. 7º Who cease to deliver or submit false documentation required for the certain, cover the retardation of the execution of their object, do not maintain the proposal, fail or defraud in the execution of the contract, behave in a manner inoptimal or commit tax fraud, will be prevented from bidding and hiring with the Union and, if applicable, will be described in the SICAF, by the term of up to five years, without prejudice to the fines provided for in edible and the contract and the other comments legal.

Art. 8º The essential acts of the Afghan, including those arising from electronic means, will be documented in the respective process, with views to the imposition of their regularity by the controlling agents, under the Regulation provided for in § 2º of the art. 1º.

Art. 9º Application subsidally, for the trading modality, the standards of Law No. 8,666 of June 21, 1993.

Art. 10. The acts practiced on the basis of the Provisional Measure No. 2.108-11, of February 23, 2001, shall be convalidated.

Art. 11. This Provisional Measure comes into force on the date of its publication.

Brasilia, March 27, 2001 ; 180º of Independence and 113º of the Republic.


Pedro Parente