LEI No. 12,349, OF December 15, 2010

Altera as Leis No 8,666, of June 21, 1993, 8,958, of December 20, 1994, and 10,973, of December 2, 2004; and revoke the § 1º of the art. 2º of the Law No. 11,273, of February 6, 2006.

The P R And S I D E N T E D A R E P B L I C L I C A

I do know that the National Congress decrees and I sanction the following Law:

Art. 1º The Law No. 8,666 of June 21, 1993, passes to invigorate with the following changes:

" Art. 3º The bidding is intended to ensure the observance of the constitutional principle of isonomics, selection of the most advantageous proposal for the administration and promotion of sustainable national development and will be prosecuted and adjudicated in strict compliance with the basic principles of legality, impersonation, morality, equality, publicity, administrative probity, linking to the convenatory instrument, objective judgment and those of them.

§ 1º ...........................................................................................

I-admit, predict, add, or tolerate, in the convocation acts, clauses or conditions that compromise, restrict or it frustrates its competitive character, including in the cases of cooperative societies, and establish preferences or distinctions on grounds of naturalness, thirst or domicile of bidders or of any other impertinent or irrelevant circumstance for the specific object of the contract, re-salvaged the provisions of § § 5º to 12 of this article and in the art. 3º of Law No. 8,248, of October 23, 1991;

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§ 5º In the bidding processes predicted in the caput, preference margin for products could be established manufactured and for national services that meet Brazilian technical standards.

§ 6º The margin of preference for which it treats § 5º will be established on the basis of revised studies periodically, within no more than 5 (five) years, which take into account:

I-generation of employment and income;

II-effect on the federal, state tax collection, and municipal;

III-development and technological innovation carried out in the Country;

IV-additional cost of the products and services; and

V-in their revisions, retrospective analysis of results.

§ 7º For manufactured products and national services resulting from development and technological innovation carried out in the Country, additional preference margin could be established to that provided for in § 5º.

§ 8º The margins of preference by product, service, group of products or group of services, to which refer to § § 5º and 7º, will be defined by the federal executive branch, not the sum of which may exceed the amount of 25% (twenty five percent) on the price of manufactured goods and foreign services.

§ 9º The provisions contained in § § 5º and 7º of this article do not apply to goods and services whose capacity for production or provision in the Country is lower:

I-to the quantity to be acquired or contracted; or

II-to the quantitative set on the grounds of § 7º of the art. 23 of this Act, when it is the case.

para. 10. The margin of preference referred to in § 5º may be extended, in whole or in part, to the goods and services originating in the States Parties to the Common South-Mercosur Market.

§ 11. The bidding editions for the contracting of goods, services and works may, upon prior justification by the competent authority, require the contractor to promote, in favour of organ or an integral entity of the public administration or of those by it indicated from isonical process, commercial, industrial, technological countervailing measures, or access to advantageous financing conditions, cumulatively or not, in the form established by the federal executive branch.

§ 12. In the hiring aimed at the deployment, maintenance and enhancement of information and communication technology systems, considered strategic in act of the federal executive branch, bidding could be restricted to goods and services with technology developed in the Country and produced in accordance with the basic productive process of which it treats Law No. 10,176, January 11, 2001.

§ 13. It shall be disclosed on the internet, to each financial year, the relationship of advantaged companies in accordance with the provisions of § § 5º, 7º, 10, 11 and 12 of this article, with an indication of the volume of resources intended for each of them. " (NR)

" Art. 6º .....................................................................................

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XVII-products manufactured nationwide- manufactured products, produced in the national territory according to the basic productive process or with the rules of origin established by the federal executive branch;

XVIII-national services-services provided in the Country, in the conditions established by the federal executive branch;

XIX-strategic information and communication technology systems-goods and services of information and communication technology whose discontinuity provokes significant harm to public administration and that involve 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 inputs destined exclusively for scientific and technological research with granted resources by the Capes, by Finep, by the CNPq or by other institutions of fostering the research accredited by the CNPq for that specific end;

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XXXI-in the hiring aiming at the fulfillment of the provisions of the arts. 3º, 4º, 5º and 20 of Law No. 10,973 of December 2, 2004, observed the general principles of hiring it constants.

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" Art. 57. ...................................................................................

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V-to the hypotheses predicted in the incisions IX, XIX, XXVIII and XXXI of the art. 24, whose contracts will be able to take effect for up to 120 (one hundred and twenty) months, should there be any interest from the administration.

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Art. 2º The provisions of this Act apply to the modality licitatory pregon, of which treats Law No. 10,520, July 17, 2002.

Art. 3º The Law No. 8,958, of 20 of December 1994, passes the invigorate with the following changes:

" Art. 1º The Federal Institutions of Higher Education-IFES and the remaining Scientific and Technological Institutions-ICTs, on which it has Law No 10,973 of December 2, 2004, will be able to celebrate congeniums and contracts, pursuant to the inciso XIII of the art. 24 of Law No. 8,666, of June 21, 1993, by a given period, with foundations instituted with the purpose of giving support to projects of teaching, research and extension and of institutional, scientific and technological development, including in management administrative and financial strictly necessary to the execution of these projects.

§ 1º For the purposes of what has this Act, we understand by institutional development the programs, projects, activities and special operations, inclusive of an infrastructural nature, material and laboratory, which lead to measurable improvement of IFES conditions and too much ICTs, for efficient and effective fulfillment of their mission, as described in the institutional development plan, vetted, in any case, the hiring of objects generics, unbound from specific projects.

§ 2º The foundation's acting of support in institutional development projects for infrastructure improvement will be limited to laboratory works and the acquisition of materials, equipment and other inputs directly related to the activities of innovation and scientific and technological research.

§ 3º It is vetted the framing in the concept of institutional development, when financed with resources passed by the IFES and too many ICTs to the supporting foundations, from:

I-activities such as predial or infrastructural maintenance, conservation, cleaning, surveillance, repairs, copeeing, reception, secretarial, administrative services in the area of informatics, graphics, reprographics and telephony and too much routine administrative activities, as well as the respective vegetative expansions, including by means of the increase in total number of personnel; and

II-other tasks that are not objectively defined in the Institutional Development Plan of the supported institution.

§ 4º It is vetted to total subcontracting of the object of the adjustments carried out by IFES and too much ICTs with the supporting foundations, based on the provisions of this Act, as well as the partial subcontracting that delight third parties the execution of the core of the contracted object.

§ 5º The materials and equipment purchased with resources transferred on the grounds of § 2º will integrate the contractor's patrimony. " (NR)

" Art. 2º The foundations to which the art is referred. 1º shall be constituted in the form of private, not-for-profit foundations governed by Law No. 10,406 of January 10, 2002-Civil Code, and by statutes whose standards expressly have on the observance of the principles of legality, impersonation, morality, publicity, economicity and efficiency, and subject matter, in particular:

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" Art. 4º The IFES and too many contracting ICTs will be able to authorize, in accordance with the standards approved by the competent higher steering body and limits and conditions laid down in regulation, the participation of their servers in the activities carried out by the foundations referred to in art. 1º of this Law, without prejudice to its functional assignments.

§ 1º The participation of servers of the IFES and too many contracting ICTs in the activities foreseen in the art. 1º of this Act, authoritative pursuant to this article, does not create employable bond of any nature, and the contracted foundations may, for its execution, grant teaching, research and extension scholarships, according to the parameters to be fixed in regulation.

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§ 3º It is vetted the use of the contractors referred to in the caput for hiring administrative staff, from maintenance, lecturers or researchers to provide services or meet the needs of permanent character of contractors. " (NR)

" Art. 5º It shall be vetted to the IFES and too many contracting ICTs the payment of debits contracted by the institutions contracted in the form of this Act and the liability to any title, in relation to the staff by these contractors, including in the use of staff of the institution, as provided for in the art. 4º of this Law. " (NR)

" Art. 6º In fulfillment of the purposes referred to in this Act, they will be able to provide support foundations by means of their own legal instrument, use of goods and services of the IFES and too many contracting ICTs, upon ressaration, and by the deadline strictly necessary to the elaboration and implementation of the teaching, research and extension and institutional, scientific and technological development project of effective interest of the contractors and object of the contract firming. " (NR)

Art. 4º The Law No. 8,958, of December 20, 1994, passes the increased vigour of the following devices:

" Art. 1º-A. The Financier of Studies and Projects-FINEP, as the executive secretary of the National Scientific and Technological Development Fund-FNDCT, the National Council for Scientific and Technological Development-CNPq and the Official Financial Agencies of Fomento will be able to carry out congeniums and contracts, in the terms of the inciso XIII of the art. 24 of Law No. 8,666 of June 21, 1993, by a specified time, with the foundations of support, with the purpose of giving support to the IFES and ICTs, including in the administrative and financial management of the projects mentioned in the caput of art. 1º, with the express annuence of the supported institutions. "

" Art. 4º-A. They will be disseminated, in full, on site maintained by the foundation of support in the worldwide computer network-internet:

I-the contractual instruments of which it treats this Act, firmed up and maintained by the foundation of support with the IFES and too many ICTs, as well as with FINEP, the CNPq and the Financial Agencies

Foment officers;

II-the half-yearly reports of execution of the contracts of which it treats inciso I, indicating the executed values, the activities, the works and the services carried out, broken down by project, unit academic or beneficiary research;

III-the ratio of payments effected to servers or public servants of any nature in connection with the contracts of which it treats inciso I;

IV-the ratio of payments of any nature effected to physical and legal persons due to the contracts of which it treats inciso I; and

V-the benefits of accounts of the contractual instruments of which it treats this Act, firmed up and maintained by the foundation of support with IFES and too much ICTs, as well as with FINEP, the CNPq and the Financial Agencies Officers from Fomento. "

" Art. 4º-B. Support foundations will be able to grant teaching, research and extension grants and innovation stimulation to undergraduate and graduate students linked to institutional projects of IFES and too much ICTs supported, in the form of the specific regulation, observed the principles referred to in art. 2º. "

" Art. 4º -C. It is ensured the access of the organs and public entities granting or contractors and the Internal Control System of the Federal Executive Power to the processes, documents and information regarding public resources received by the foundations of support framed in the situation provided for in the art. 1º of this Act, as well as the places of execution of the object of the contract or convenium. "

Art. 5º The Law No. 10,973 of December 2, 2004, passes to invigorate with the following changes:

" Art. 2º .....................................................................................

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VII-foundation of support-foundation created with the purpose of giving support to research, teaching and extension and institutional, scientific and technological development projects of interest of the IFES and too many ICTs, registered and accredited in the Ministries of Education and Science and Technology, in the terms of Law No. 8,958, of December 20, 1994;

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" Art. 27. ...................................................................................

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IV-give preferential treatment, differentiated and favored, in the acquisition of goods and services by the public power and by the supporting foundations for the implementation of institutional development projects of the supported institution, pursuant to Law No. 8,958 of December 20, 1994, to companies that invist in research and technology development in the Country and to the microenterprises and small-scale technological base companies, created in the environment of the research activities of ICTs. " (NR)

Art. 6º The Law No. 10,973, of December 2, 2004, passes the increased vigour of the next device:

" Art. 3º-A. The Financier of Studies and Projects-FINEP, as the executive secretary of the National Scientific and Technological Development Fund-FNDCT, the National Council for Scientific and Technological Development-CNPq and the Official Financial Agencies of Fomento will be able to celebrate congeniums and contracts, in the terms of the inciso XIII of the art. 24 of Law No. 8,666 of June 21, 1993, by a specified time, with the foundations of support, with the purpose of giving support to the IFES and too many ICTs, including in the administrative and financial management of the projects mentioned in the caput of art. 1º of Law No. 8,958, of December 20, 1994, with the express annuence of the supported institutions. "

Art. 7º Ficam revoked the inciso I of § 2º of the art. 3º of Law No. 8,666 of June 21, 1993, and § 1º of the art. 2º of Law No. 11,273 of February 6, 2006.

Art. 8º This Law comes into force in the date of its publication.

Brasilia, 15 of December 2010; 189º of Independence and 122º of the Republic.

LUIZ INACIO LULA DA SILVA

Guido Mantega

Fernando Haddad

Paulo Bernardo Silva

Sergio Machado Rezende