DECREE NO 8,194, DE February 12, 2014

Establishes the margin application of preference in tenders carried out within the federal public administration for the procurement of information and communication technology equipment, for the purposes of the art. 3º of Law No. 8,666 of June 21, 1993.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that confers him on art. 84, caput, inciso IV, of the Constitution, and in view of the provisions of § § 5º, 6º, 7º, 8º and 9º of the art. 3º of Law No. 8,666 of June 21, 1993,

DECRETA:

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 that it treats the caput.

Art. 2º The normal preference margin of which it treats the art will be applied. 1º only for 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 athesta their habilitation to the incentives of Law No. 8,248, 1991, or copy of the Resolution of the Board of Directors of the Superintendence of the Franca Zone of Manaus-SUFRAMA that attests its habilitation to the incentives of Decree-Law No 288 of 1967.

§ 2º In the electronic prestop modality:

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

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

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

Art. 3º The additional preference margin of which it treats art. 1º will be applied for domestic manufactured products only, in the terms of art. 2º, and which meet the requirements and criteria set out in the MDIC/MCTI Interministerial Portaria No. 383 of April 26, 2013.

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 superior to 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 preference margins will not be applied if the lowest price offered is product national manufacturing.

§ 2º Case the bidder bidder classified in the first place is disabled or no longer fulfilled the obligations laid down in 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 trial criterion the lowest price of the group or lot, the margin of preference may be applied in relation to the item or specific items that make up the group or lot, and the calculation of the overall value of the lot shall 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 stage of bids, 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 microenterprises and small businesses, predicted in art. 44 and art. 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 preference margins provided for in art. 1º.

§ 7º The application of the margins of preference will be conditional on compliance, at the time of tender, 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 to meet 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 12, 2014 ; 193º of the Independence and 126º of the Republic.

DILMA ROUSSEFF

Guido Mantega