Law No. 12349, 15 December 2010

Original Language Title: Lei nº 12.349, de 15 de Dezembro de 2010

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Law No. 12349, 15 DECEMBER 2010 Changes the laws No. 8666, of 21 June 1993, 8958 of 20 December 1994, and 10973 of 2 December 2004; and repealing paragraph 1 of art. 2 of law No. 11273, of 6 February 2006.
P R E S I D E N T E D R E P u B L I C A I do know that the National Congress decrees and I sanction the following law: Art. 1 law No. 8666, of 21 June 1993, with the following changes: "Art. 3 bid is intended to ensure compliance with the constitutional principle of equality, the selection of the most advantageous proposal for Administration and national sustainable development promotion and will be prosecuted and judged in strict accordance with the basic principles of legality, impersonality, morality, of equality, of advertising, of administrative probity, linking to the calling instrument, the trial objective and related to them.
§ 1º ...........................................................................................
I-admit, provide, include or tolerate, in acts of Convocation, clauses or conditions that compromise, restrict or frustrate God his competitive character, including in cases of cooperative societies, and to establish distinctions or preferences on grounds of naturalness, thirst or domicile of the bidders or any other circumstance impertinent or irrelevant to the specific object of the contract, except as provided in §§ 5 to 12 of this article and in art. 3 of law 8248 of 23 October 1991;
.......................................................................................................... § 5 bidding processes referred to in the caput, may be established margin of preference for manufactured products and national services that meet technical standards.
§ 6 the margin of preference in the § 5 shall be established on the basis of studies reviewed periodically, in no more than 5 (five) years, taking into consideration: (I)-employment and income generation;
II-effect on collection of federal, State and municipal taxes;
III-development and technological innovation carried out in the country;
IV-additional cost of products and services; and V-in their reviews, retrospective analysis of results.
§ 7 To manufactured products and national services resulting from development and technological innovation carried out in the country, may be established additional preference margin to that provided for in paragraph 5.
§ 8 The preference margins by product, service, or product group group of services, referred to in §§ 5 and 7, shall be defined by the federal executive branch, and the sum of them exceed the amount of 25% (25%) about the price of manufactured goods and foreign services.
§ 9 the provisions contained in §§ 5 and 7 of this article shall not apply to goods and services whose production or service capacity in the country is less than: I-the amount to be purchased or contracted; or II-the amount fixed pursuant to § 7 of art. 23 of this Act, if applicable.
§ 10. The margin of preference referred to in paragraph 5 may be extended, in whole or in part, to goods and services originating in the States parties of the common market of the South MERCOSUR.
§ 11. The edicts of bidding for the procurement of goods, services and works may, by prior justification the competent authority require the contracted further in favor of agency or entity of the public administration or those indicated by it from isonômico process, commercial, industrial compensation measures, technological or access the advantageous conditions of funding, cumulatively or not, in the form established by the federal executive branch.
§ 12. In hiring for the implementation, maintenance and improvement of the systems of information and communications technology, considered strategic Act of the federal executive branch, the bid may be restricted to goods and services with technology developed in the country and produced in accordance with the basic productive process that treats the law nº 10176, of 11 January 2001.

§ 13. Will be published on the internet, each financial year, the relationship of companies favored due to the provisions of §§ 5, 7, 10, 11 and 12 of this article, with an indication of the volume of resources allocated to each of them. " (NR)
"Art. 6º .....................................................................................
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XVII-manufactured products-manufactured goods, produced in the national territory in accordance with the basic productive process or with the rules of origin laid down by the federal executive branch;
XVIII-national services-services provided in the country, under the conditions laid down by the federal executive branch;
XIX-information technology systems and strategic communication-goods and services information and communication technology which causes significant damage to the discontinuity public administration and involving at least one of the following requirements related to critical information: availability, reliability, security and confidentiality. " (NR)
"Art. 24. ...................................................................................
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XXI-for the acquisition of goods and supplies intended for scientific and technological research with funds granted by the Capes, by Finep, CNPq or other development institutions accredited by the CNPq research for this particular purpose;
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XXXI-the signings in order to comply with the provisions of arts. 3, 4, 5 and 20 of law No. 10973, of 2 December 2004, in compliance with the General principles of employment therein.
..............................................................................................." (NR)
"Art. 57. ...................................................................................
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V-the events contemplated in subparagraphs (IX), XIX, XXIX and XXXI of the art. 24, whose contracts may be covered for up to 120 (120) months, if there is interest.
..............................................................................................." (NR)
Art. 2 the provisions of this Law shall apply to the licitatória auction mode, in law No. 10520, of 17 July 2002.
Art. 3rd law 8958 of 20 December 1994, goes into effect with the following changes: "Art. 1st Federal Institutions of higher education-IFES and other scientific and technological Institutions-Ict, which has law No. 10973, of 2 December 2004, may enter into agreements and contracts, in accordance with section XIII of the art. 24 of law No. 8666, of 21 June 1993, for a fixed period, with foundations imposed with the purpose of giving support to teaching, research, and extension and institutional, scientific and technological development, including on the administrative and financial management strictly necessary for the execution of those projects.
(1) for the purpose of offering this law, institutional development programs, projects, activities and special operations, including infrastructural in nature, and laboratory material that lead to measurable improvement of the conditions of the IFES and other ICTs, for efficient and effective fulfillment of its mission, as described in the institutional development plan, fenced, in any case, the hiring of generic objects unlinked, specific projects.
(2) the activities of the Foundation of support in institutional development projects for infrastructure improvement shall be limited to laboratory works and the purchase of materials, equipment and other inputs directly related to the activities of innovation and scientific and technological research.
paragraph 3 is sealed the framework concept of institutional development, when financed with resources transferred by the IFES and other ICTs to support foundations, of: (I)-activities such as building maintenance or cleaning, conservation, infrastructural, surveillance, repairs, copeiragem, reception, secretarial services, administrative services in computer science, graphics, reprographic and telephony and other routine administrative activities, as well as their vegetative expansions , including through the increase in the total number of personnel; and II-other tasks that are not objectively defined in the Institutional development plan of the institution supported.
paragraph 4 is prohibited the total outsourcing of the object of the adjustments made by IFES and other ICTs with the foundations of support, based on the provisions of this Law, as well as the partial outsourcing you delegate the execution core of the third hired object.
§ 5 the materials and equipment purchased with resources transferred based on § 2 will be part of the patrimony of the contractor. " (NR)

"Art. 2 foundations referred to in art. 1st should be constituted in the form of private-law foundations, nonprofit, governed by law No. 10406 of January 10, 2002, Civil Code and by statute whose standards expressly have on the observance of the principles of legality, impersonality, morality, publicness, economy and efficiency, and, in particular: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... " (NR)
"Art. 4 The IFES and other ICTs contractors may authorise, in accordance with the rules adopted by the competent superior direction and limits and conditions laid down in regulation, the participation of their servers in the activities carried out by foundations referred to in art. 1 of this law, without prejudice to its powers.
(1) the participation of servers of IFES and other ICTs in the activities provided for in art contractors. 1 of this Act, authorized under this article, does not create employment of any kind, and the foundations contractors, for its execution, grant scholarships teaching, research and extension, in accordance with the parameters laid down in regulation.
........................................................................................................... paragraph 3 is prohibited the use of hired referred to in heading for hiring of administrative staff, maintenance, teachers or researchers to provide services or meet the needs of permanent character of the contractors. " (NR)
"Art. 5 Is forbidden to IFES and other ICTs contractors paying debts incurred by the institutions contracted in the form of this law and the responsibility to any security in respect of the staff for these hired, including the use of personnel of the institution, as provided for in art. 4 of this law. " (NR)
"Art. 6. In compliance with the purposes referred to in this law, can the foundations of support, through legal instrument itself, use of goods and services of IFES and other ICTs by reimbursement contracting, and for the period strictly necessary for the preparation and execution of the project of teaching, research, and extension and institutional, scientific and technological development of effective interest of contractors and object of the contract. " (NR)
Art. 4 the law 8958 of 20 December 1994, goes into effect plus the following devices: "Art. 1. The Financiadora de Estudos e Projetos-FINEP, as Executive Secretary of the National Fund for scientific and technological development-FNDCT, the Conselho Nacional de Desenvolvimento Científico e Tecnológico-CNPq and Financial Officers of agencies can carry out agreements and contracts, in accordance with section XIII of the art. 24 of law No. 8666, of 21 June 1993, for a fixed period, with the foundations of support, with the purpose of providing support to the IFES and ICTs, including on the administrative and financial management of the projects mentioned in the caput of the art. First, with the express consent of institutions supported. "" Art. 4-to be disclosed in full, in place maintained by support Foundation on the World Wide Web-the internet: i. the contractual instruments contemplated in this law, signed and maintained by support Foundation with the IFES and other ICTs as FINEP, CNPq and Financial Officers of agencies;
II-the semiannual reports of performance of contracts contemplated in sub-item I, indicating the values run, activities, works and services carried out, broken down by project, academic unit or beneficiary research;
III-the list of payments made to servers or public agents of any kind as a result of contracts contemplated in subsection (I);
IV-the ratio of payments of any kind made to individuals and legal entities as a result of contracts contemplated in subsection (I); and V-benefits of contractual instruments accounts contemplated in this law, signed and maintained by support Foundation with the IFES and other ICTs as FINEP, CNPq and Financial agencies Officers. "" Art. 4-B. The Foundation may grant scholarships support teaching, research, and extension and innovation stimulus to undergraduate and graduate students linked to institutional projects of IFES and other ICTs supported, in the form of specific regulation, in compliance with the principles referred to in art. 2º."
" Art. 4-c. is assured access of the organs and public authority or contractors and Internal control system of the federal executive branch procedures, the documents and information relating to public funds received by foundations to support framed in the situation provided for in art. 1 of this law, as well as to the implementation of the object of the contract or agreement. "
Art. 5 law No. 10973, of 2 December 2004, with the following changes: "Art. 2º .....................................................................................
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VII-Foundation support institution created with the purpose of supporting the projects of research, teaching and extension and institutional, scientific and technological development of the IFES and other ICTs, registered and accredited in the ministries of education and science and technology, in accordance with the law n° 8958 of 20 December 1994;
..............................................................................................." (NR)
"Art. 27. ...................................................................................
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IV-to give preferential treatment, and favored, in the acquisition of goods and services by the Government and the foundations of support for institutional development projects of the institution supported, in accordance with the law n° 8958, of 20 December 1994, businesses that invest in research and technology development in the country and to micro and small enterprises of technological basis created in the environment of research activities of ICTs. " (NR)
Art. 6th law No. 10973, of 2 December 2004, going on to take effect the following device: "Art. 3A. The Financiadora de Estudos e Projetos-FINEP, as Executive Secretary of the National Fund for scientific and technological development-FNDCT, the Conselho Nacional de Desenvolvimento Científico e Tecnológico-CNPq and Financial Officers of agencies may enter into agreements and contracts, in accordance with section XIII of the art. 24 of law No. 8666, of 21 June 1993, for a fixed period, with the foundations of support, with the purpose of giving support to IFES and other ICTs, including on the administrative and financial management of the projects mentioned in the caput of the art. 1 of law no 8958, of 20 December 1994, with the express consent of institutions supported. "
Art. 7 Are revoked the item (I) of paragraph 2 of art. 3 of law No. 8666, of 21 June 1993, and paragraph 1 of art. 2 of law No. 11273, of 6 February 2006.
Art. 8. This law shall enter into force on the date of its publication.
Brasília, 15 December 2010; 189 of independence and 122 of the Republic.
LUIZ INACIO LULA DA SILVA Guido Mantega Fernando Haddad Paulo Sergio Machado Rezende Baldwin

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