DECREE NO 7,713, OF April 3, 2012

Establishes the application of margin of preference in the tenders carried out within the framework of the Federal Public Administration for the acquisition of pharmaceuticals and medicines described in Annex I, for the purposes of the provisions of the art. 3º of the Law no 8,666, of June 21, 1993.

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

D E C R E T A:

Art. 1º It is established the application of margin of preference for acquisition of pharmaceuticals and medicines, as percentage and descriptions of Annex I, in the tenders carried out within the framework of the federal public administration with views to the promotion of the sustainable national development.

Single paragraph. The editais for the acquisition 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 the domestic manufactured goods, as per the rules of origin set forth in portaria of the Minister of State for Development, Industry and Foreign Trade.

§ 1º The bidder is expected to submit, together with the proposal, form of declaration of compliance with the rules of origin, as a model published in portaria of the Minister of State for Development, Industry and Foreign Trade.

§ 2º In the electronic pregon modality:

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

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

§ 3º The product that does not meet the rules of origin or whose bidder does not present tempestively the form referred to in this article will be considered as a 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 set out in Annex II and the following conditions:

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

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

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

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

II-in the judgment and classification of the proposals, in the rest bidding modalities.

§ 1º The target margin of preference will not be applied should the lowest bidder price is from the national manufactured product.

§ 2º Case the bidder of the proposal classified in the first place is inability-made, or stop to fulfil 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 the margin of preference.

§ 3º Case the bidding has by trial 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 to meet the rules of origin of which it treats art. 2º.

§ 4º The application of the margin of preference does 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 does not rule out 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 preference will be conditional on compliance, at the time of bidding, of the provisions of § 9º of the art. 3º of Law No. 8,666 of June 21, 1993.

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

Art. 6º The margins of preference that it treats art. 1º shall be applied until March 30, 2014, in the case of Group 1 products, and until March 30, 2017, in the case of products of Groups 2, 3, 4, 5 and 6, as described in Annex I.

Art. 7º This Decree shall come into force on the date of its publication.

Brasilia, April 3, 2012; 191º of the Independence and 124º of the Republic.

DILMA ROUSSEFF

Guido Mantega