DECREE NO. 8,240, OF May 21, 2014
Regulates the conventials and the enabling criteria of companies referred to in art. 1º-B of the Law No. 8,958, of December 20, 1994.
THE CHAIRWOMAN OF THE REPUBLIC, in the use of the attribution that confers it on art. 84, caput, inciso IV, of the Constitution, and with a view to the provisions of the art. 1º-B of Law No. 8,958, of December 20, 1994,
Art. 1º This Decree regulates the conventials and the enabling criteria of companies referred to in art. 1º-B of Law No. 8,958 of December 20, 1994.
§ 1º To the arrangements referred to in the caput shall not apply to Decree No 6,170 of July 25, 2007, Chapters III, IV and V of Decree No. 7,423, of 31 of December 2010, and the federal legislation establishing standards for tenders and contracts of the public administration.
§ 2º For the purposes of this Decree, consider:
I-arrangements of education, science, technology and innovation-ECTI-instruments that have as a partycipt Federal Institution of Higher Education-IFES or too much ICT-Scientific and Technological Institution-ICT, foundations of support, and public companies or mixed-economy societies, their subsidiaries and controlled, aiming at the purposes of scientific research, technological development, stimulation and fostering innovation, and support for teaching projects, research, extension and institutional development, with transfer of financial or non-financial resources, in partnership with private entities, with or without profit, involving the execution of projects of reciprocal interest, and may rely still on the participation of social organizations, which have management contract clinched with the Union, in the form of Law No. 8,958, of 1994;
II-enabling criteria-requirements that companies must meet for celebration of the ECTI arrangements with IFES, too much ICT and supporting foundations;
III-object-development of the ECTI convenium product, observed the work program and the project conveniently;
IV-project-proposal negotiated between the partycipes, containing the technical information for the scope of the object to be conveniently made; and
V-control finalistic-control realized with focus on the analysis of the results.
OF THE EDUCATION, SCIENCE, TECHNOLOGY AND INNOVATION-ECTI ARRANGEMENTS
Art. 2º The ECTI arrangements will have as their purpose the financing or execution of teaching projects, research, extension, institutional, scientific and technological development and stimulation to innovation.
Art. 3º ECTI arrangements will be able to have as partycips the IFES, too much ICT, supporting foundations, public companies, mixed-economy societies, their subsidiaries and controlled, private entities, with or without profit, and social organizations with management contract clinched with Union.
Single paragraph. The convennials referred to in the caput will be able to have as many partygots as they are necessary for the realization of the project, being, indispensable, the participation of, at the very least:
I-foundation of support;
II-IFES or too much ICT supported; and
III-particle of a different nature from the previous ones.
Art. 4º The partycipes of the ECTI convents will be able to exercise, cumulatively, the functions of management, execution and partial or integral financing of the convents as defined in each instrument.
Single partagraph. The foundations of support will always participate in the management of the convenians referred to in the caput.
Art. 5º The maximum leaders of IFES or too much ICT are expected to sign the ECTI arrangements, and this competence may be delegated to pro-Rectors and Directors of Innovation Polls from the Federal Institutes.
Single partagraph. It is vetted the subdelegation of the competence provided for in the caput.
Art. 6º When firming with companies interested in funding or executing teaching, research, extension, institutional, scientific and technological development and stimulation innovation projects, ECTI arrangements will be celebrated by means of the criteria of habilitation regulated in this Decree.
Art. 7º Private entities will be able to participate in the ECTI arrangements by means of financial resources, goods or services, provided that economically measurable.
Art. 8º ECTI arrangements may be concluded with social organizations, which have management contract clinched with the Union, with the purpose of supporting teaching, research, extension, institutional, scientific and technological development projects and stimulation of innovation.
Art. 9º The projects to be developed within the framework of the ECTI arrangements should contain work plan negotiated between their partycipes.
§ 1º The projects referred to in the caput should be mandatorily approved by the competent academic collegiated bodies of the supported institution, under the same rules and criteria applicable to the institutional projects of the institution and its work plans should, at a minimum, contain:
I-object, limited run term in time, expected results, targets and their indicators;
II-resources involved, with the ressarcements pertinent, in the terms of art. 6th of the Act in the 8,958, of 1994;
III-participants linked to the institution supported and authorized to participate in the project, in the form of the said institution's own standards, identified by your functional records, in the faculty hypothesis or technical-administrative servers, being informed the values of the scholarships to be granted; and
IV-payments provided to physical persons and legal, for the provision of services, duly identified by the CPF or CNPJ figures, as the case.
§ 2º Within the framework of the projects that it treats § 1º, the supported institution must normatize and scrutinize the composition of the teams of the projects.
§ 3º It is vetted the realization of projects based on service delivery of indeterminate duration and of those who set themselves up by the non-fixation of period of termination or by repeated resubmission.
Art. 10. The instruments of the ECTI convents, without prejudice to other clauses provided for in regulation, must at the very least contain:
I-object and its elements;
II-clear description of the teaching project, research, extension, institutional, scientific and technological development and of stimulation to the innovation to be realized;
III- resources involved and appropriate definition as to the allocation of revenue and expenditure arising from the projects involved;
IV-obligations and responsibilities of each of the parties;
V-value of the convenium and disbursement schedule;
VI-mandatory maintenance of the convenium resources in specific bank account;
VII-duration and possibility of prolongation and termination;
VIII-form of follow-up of the execution of the object;
IX-warranty of secrecy and industrial secrecy, applicable case;
X-form and term of accountability;
XI- definition of the way in which the finalistic control of the execution of the object will be carried out;
XII-mandatory return of the unused resources;
XIII-ownership of the rights over the inventions or discoveries and the economic gains; and
XIV-targeting of the remaining assets acquired with resources from the convenium.
§ 1º The patrimony, tangible or intangible, of the supported institution used in the projects carried out pursuant to § 1º of the art. 9º, including laboratories and classrooms, human resources, supporting and office materials, name and image of the institution, information technology networks, knowledge and scholarly documentation generated, should be considered as a resource in the accounting for the contribution of each of the parties to the execution of the convenium.
§ 2º The use of goods and services of the supported institution must be adequately accounted for in order to perform of projects with the participation of supporting foundation and is conditional on the establishment of routines of fair retribution and rebirth by the foundation of support, in the terms of the art. 6th of the Law no 8,958, from 1994.
Art. 11. The ECTI arrangements should provide for the entitlement of intellectual property and participation in the results of the exploitation of the creations resulting from the funded projects, observed the provisions of Law No. 10,973, of December 2, 2004.
Art. 12. ECTI-like arrangements should be formalized by individualized instruments, with specific objects and given time frame.
Single paragraph. It is vetted the use of instruments and their additives with generic object.
Art. 13. The ECTI arrangements should be implemented in strict observance of the avenue clauses and the relevant standards, being vetted altering the object of the conventials, re-salvaged the following hypotheses:
I- magnification of the execution of the paced object or reduction or exclusion of meta, without prejudice to the functionality of the object; or
II-occurrence of unpredictable fact, arising from technological uncertainty, which may alter the progress or the results of the projects aiming at the purposes of scientific research, technological development, stimulation and fostering innovation, upon technical justification approved by all the partycipes.
Art. 14. It is vetted the total subcontracting of the object of the ECTI decks and the partial subcontracting that delees to third parties the execution of the core of the contracted object.
Art. 15. The supporting foundations will be able to, with the resources of the ECTI arrangements, remunerate personnel to act in the projects, as set out in the instrument, observed the relevant legislation.
Art. 16. The supporting foundations will not be able to pay administrative expenses with the resources of the ECTI arrangements, resourced the administration fee collection hypothesis, to be defined in each instrument.
Art. 17. The projects carried out in the terms of § 1º of the art. 6º of Law No. 8,958, 1994, will be able to enact the awarding of scholarships, research, extension and stimulation to innovation by the foundations of support, on the grounds of Law No. 8,958, 1994, or in art. 9º, § 1º, of Law 10,973, of 2004, observed the conditions of this Decree.
§ 1º The IFES shall, by its superior collegiate body or the competent organ of the remaining ICT, discipline the chances of awarding fellowships, setting objective criteria and authorization procedures for paid participation of occupiers of positions, functions and public jobs of direct, municipal and local administration in teaching projects, research or extension, in accordance with applicable law.
§ 2º The upper limit of the sum of the remuneration, consideration and scholarships perceived by the occupants of office, functions and public jobs of the direct, municipal, and fundable administration will not be able to exceed the greatest value received by the federal public functionalism, pursuant to art. 37, caput, inciso XI, of the Constitution.
§ 3º For the setting of the values of the scholarships, proportionality criteria should be taken into account as to the regular remuneration of the beneficiary, with value compatible to the formation and the nature of the project.
OF THE FOLLOW-UP AND CONTROL OF THE ECTI-LIKE CONVÊIANS
Art. 18. In the ECTI arrangements, the partycipes should compulsorily use specific online system, to be disciplined in joint act of the State Ministers of Education and Science, Technology and Innovation for the purposes of prior and providing enrollment accounts of the received resources.
Art. 19. It is ensured the access of the organs and the partycicipated public bodies and the bodies of Internal and External Control to the processes, documents and information regarding the public resources received and the places of execution of the object of the congeniums.
Art. 20. The movement of the resources of the projects managed by the supporting foundations is to be carried out exclusively by electronic means, upon current account credit of the providers and service providers duly identified.
Single paragraph. The anticipated moves in the caput will be able to be excepted in regulation.
Art. 21. The supporting foundations should ensure the specific accounting control of the resources that are docked and used in each project in such a way as to ensure the ressaration to the IFES, provided for in the art. 6º of Law No. 8,958, of 1994.
Art. 22. In the implementation of the ECTI arrangements, the supporting foundations should:
I-provide accounts of the resources applied to the funders of the funders;
II- submit to the management control by the maximum organ of the Federal Institution of Teaching or similar from the particle entity; and
III-submit to the finalistic control by the governing body competent government.
§ 1º The provision of accounts referred to in the inciso I of the caput shall be carried out within the maximum period of one hundred and twenty days after the final date of application of the resources provided for in the congeniums, under penalty of enrolment of default in the specific online system.
§ 2º The time frame provided for in § 1º of the caput will not apply if there is a specific time frame defined.
Art. 23. Public resources coming from ECTI arrangements celebrated by supporting foundations should be kept in specific open accounts for each project.
Single paragraph. The supporting foundations should apply the resources received into account savings from official financial institution, without prejudice to other forms of low-risk application set out in each instrument, whose incomes will necessarily be reverted to the ECTI-like convenians.
Art. 24. Reported the occurrence of improprieties or irregularities in the execution of the ECTI, the IFES, too much ICT or the competent control bodies will dilimate the partype in order to be proven the good and regular application of the resources of the arrangements.
§ 1º The foreseen representations in the caput should not compromise the development of the object projects of the convenians, unless detected addiction that matters in damage to the erarium by its continuity.
§ 2º Comproved the irregularity in the management of resources of the convents, the competent organ of the IFES or too much ICT can, guaranteed the adversarial and the broad defence, apply to the foundation of support the following measures:
I-enrollment in the public cadres of debtors and irregular entities, getting barred from celebrating new arrangements and contracts by the term of up to five years;
II-termination of the convenium, without prejudice to the civil and administrative liability for the losses and damage caused;
III-restitution of the parcel of the features of the convenium where it is verified wrongdoing by those responsible, under penalty of taking special accounts, when it comes to public appeal; and
IV-propose describing of the entity, staying prevented from obtaining new registration and accreditation until it is promoted to rehabilitation in the face of the very authority that applied the constant measure of the inciso I.
OF THE HABILITATION CRITERIA OF COMPANIES IN THE ECTI CONVENTIALS
Art. 25. Companies wishing to celebrate ECTI arrangements should meet the following enabling criteria:
I-Cadastro in advance in the specific online system referred to in the art. 18, in which they will be required:
a) commercial record, in the case of individual company;
b) constitutive act, status or social contract in force, duly registered, in the treatment of commercial societies, and, in the case of companies by actions, accompanied by election documents of their administrators; or
c) enrollment of the act constitutive, in the case of civil societies, accompanied by evidence of acting directorship;
II-proving the tax regularity with the Union and non-existence of debt to the Public Power federal and how much to their enrollment in public and private databases of credit protection;
III-proving that they are not delinquent with the provision of appeals accounts received previously in other arrangements, adjustments or contracts with the Union;
IV-statement by the governing body's leader informing that his leaders do not occupy office or employment in the public administration federal, state, district or municipal, unless authorized hypotheses in law;
V-proving regularity with the system of social security, as set out in the Constitution and in legislation infraconstitutional;
VI-proof of enrollment in the National Cadastro of Legal People-CNPJ; and
VII-statement that it is not inscribed in national cadasters of companies punished by the public administration.
§ 1º The habilitation of the companies referred to in the caput will be effected by the supporting foundations.
§ 2º Verified falsity in submitted paper, the convenium is to be rescinded.
§ 3º Case the private company intends to be a financier of the project, will be required proving the ability to port resources from own sources or from third parties for their development.
§ 4º Case the private company intends to be a project executor, will be required to proof of your recognized competence in the area for which you intend the habilitation, which must be preferentially provided for in the science, technology and innovation policy or in the education policy of the federal government.
Art. 26. The State Ministers of Planning, Budget and Management, Education and Science, Technology and Innovation will edit joint act with supplementary norms for execution of the provisions of this Decree.
Art. 27. The Decree No. 7,423 of December 31, 2010, passes the vigour with the following amendments:
" Art. 3º ........................................................................................................
§ 5º The application for registration and accreditation of the support foundation may have conditional approval of the submission of additional documents required for the instruction of the process. " (NR)
" Art. 12-A. The convennials of which it treats this Decree should be registered in specific online information system, to be disciplined in a joint act of the State Ministers of Education and Science, Technology and Innovation. " (NR)
Art. 28. This Decree comes into effect on the date of its publication.
Brasilia, May 21, 2014; 193º of Independence and 126º of the Republic.
José Henrique Paim Fernandes
Clélio Campolina Diniz
Jorge Hage Nephew