DECREE N °7,756, DE June 14 DE 2012

Establishes the margin application of preference in tenders conducted within the federal public administration for procurement of products from confections, footwear and artefacts, for the purposes of the art. 3 °of Law n °8,666, of June 21, 1993.

THE REPUBLIC OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, caput, inciso IV, of the Constitution, and in view of the provisions of § § 5 °, 6 °, 8 ° and 9 ° of the art. 3 ° of Law No. 8,666 of June 21, 1993,

D E C R E T A:

Art. 1 ° It is established the application of preference margin for procurement of products from confections, footwear and artefacts, as per percentage and descriptions of Annex I, in tenders undertaken within the federal public administration, for the purposes of the willing at art. 3 ° of Law No. 8,666 of June 21 de1993, and with a view 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 margin of preference that it treats the caput.

Art. 2 ° It will be applied the margin of preference that it treats art. 1 ° only for domestic manufactured goods, as per the rule of origin established in act of the Minister of State for Development, Industry and Foreign Trade.

§ 1 ° The bidder shall submit, together with the proposal, a declaration form of compliance with the rule of origin, as model published in act of the Minister of State for Development, Industry and Foreign Trade.

§ 2 ° In the electronic pren modality:

I-the bidder shall declare, during the enrollment phase of the tenders, whether the product meets the source rule ; and

II-the form referred to in § 1 must be submitted with the documents required for enabling.

§ 3 ° The product that does not meet the rules of origin or whose bidder does not fearfully present the form referred to in § 1 ° shall be considered as a foreign manufactured product for the purposes of this Decree.

Art. 3 ° The margin of preference for which it treats art. 1 ° 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. 4 ° The margin of preference for which it treats art. 1 ° 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.

§ 1 ° The preference margin will not be applied should the lowest price offered be of product national manufacturing.

§ 2 Case the bidder of the proposed proposal in the first place is disabled, or leave it comply with the obligation under the inciso II of § 2 ° of the art. 2 °, the reclassification of the proposals should be carried out for the purposes of the application of the margin of preference.

§ 3 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 source rule of which it treats the art. 2 °.

§ 4 The application of the preferential margin will not exclude the negotiation between the pregoer and the winner of the stage of bids, provided for in § 8 ° of the art. 24 of Decree No. 5,450 of May 31, 2005.

§ 5 The application of the preference margin will not exclude the right of preference for microenterprises and small-sized businesses, predicted in the arts. 44 and 45 of the Supplementary Law no 123 of December 14, 2006.

§ 6 The application of the margin of preference shall be conditional on compliance, at the time of tender, the provisions of § 9 ° of the art. 3 ° of Law No. 8,666, 1993.

Art. 5 ° The studies provided for in § 6 ° of the art. 3 ° of Law No. 8,666, 1993, will be reviewed annually from the date of publication of this Decree.

Art. 6 ° The margin of preference for which it treats art. 1 ° shall be applied until December 31, 2013, for the products described in Annex I.

Art. 7 ° This Decree goes into effect on the date of its publication.

Brasilia, June 14, 2012 ; 191 ° of the Independence and 124 ° of the Republic.

DILMA ROUSSEFF

Guido Mantega

ANNEX