DECREE N °-7,812, OF September 20, 2012

Establishes the application of margin of preference in tenders carried out in the framework of the federal public administration for procurement of vehicles for railway tracks, for the purposes of the provisions of the art. 3º of Law No. 8,666 of June 21, 1993.

THE CHAIRWOMAN OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, caput, inciso IV, of the Constitution, and with a view to the provisions of § § 5º, 6º, 8º and 9º of the art. 3º of Law No. 8,666, of June 21, 1993,

D E C R E T A:

Art. 1º The application of margin of preference for purchase of vehicles for railway tracks, as percentage and descriptions of Annex I, shall be established in tenders carried out in the framework of the federal public administration for the purposes of the art. 3º of Law No. 8,666 of June 21, 1993, and with views to the promotion of sustainable national development.

Single paragraph. The editais for purchase 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 of which it treats the caput.

Art. 2º The margin of preference of which it treats art will be applied. 1º 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.

§ 1º The bidder is expected to present, together with the proposal, 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.

§ 2º In the electronic preview modality:

I-the bidder will declare, during the enrollment phase of the proposals, whether the product meets the rule of origin; and

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

§ 3º The product that does not meet the rules of origin or whose bidder does not present thematically the form referred to in § 1º shall be deemed to be foreign manufactured 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 provided for in Annex II and the following conditions:

I-the offered price of national manufactured product will be considered lower that PE whenever its value is equal to or lower than the PM; and

II-the offered price of national manufactured product will be considered greater than PE whenever its value is higher than PM.

Art. 4º The margin of preference that it treats art. 1 ° will be applied for classification of the proposals:

I-after the bidding phase, in the modality of pregon; and

II-in the judgment and classification of the bids, in the remaining bidding modalities.

§ 1º The margin of preference will not be applied in case the lowest bidder offered is of national manufactured product.

§ 2º Case the bidder of the proposal ranked first is either inability-made, or let to comply with the obligation laid down in the inciso II of § 2º of the art. 2º, the reclassification of bids should be carried out, for the purposes of applying for the margin of preference.

§ 3º Case the bidding has by judgment criterion the lowest price of the group or lot, the margin of preference will only be applied if all the items that make up the group or lot meet the rule of origin that it treats the art. 2º.

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

§ 5º The application of the margin of preference will not exclude the right of preference of microenterprises and small-sized companies, provided for in the arts. 44 and 45 of the Supplementary Act No. 123 of December 14, 2006.

§ 6º The application of the margin of preference will be conditional upon compliance, at the time of bidding, of the provisions of § 9º of the art. 3º of Law No. 8,666, of 1993.

Art. 5º The margin of preference that it treats art. 1º will be applied until December 31, 2015, for the products described in Annex I.

Art. 6º This Decree takes effect on the date of its publication.

Brasilia, September 20, 2012; 191º of Independence and 124º of the Republic.

DILMA ROUSSEFF

Nelson Henry Barbosa Filho

ANNEX