interim measure No 2.026-5, of September 27, 2000.

Institui, within the framework of the Union, in the terms of art. 37, inciso XXI, of the Federal Constitution, modality of bidding called the Afghan, for the acquisition of common goods and services, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

Art. 1º For procurement of common goods and services, the Union will be able to adopt bidding on the modality of pregon, which will be governed by this Provisional Measure.

§ 1º Considerate common goods and services, for the purposes and effects of this article, those whose standards of performance and quality can be objectively defined by the edict, by means of customary specifications on the market.

§ 2º The regulation will have on the goods and common services of which it treats this article.

Art. 2º Pregon is the modality of bidding for acquisition of common goods and services, promoted exclusively within the framework of the Union, whatever the estimated value of the contracting, where the dispute for supply is made by means of tenders and bids in public session.

Paragraph single. The preview could be carried out by using information technology resources, in the terms of specific regulation.

Art. 3º The preparatory phase of the pregon will observe the following:

I-the competent authority will justify the need for contracting and define the object of the certame, the habilitation requirements, the criteria for acceptance of the proposals, the sanctions by inadimpletion and the clauses of the contract, including with fixing the deadlines for supply;

II-the definition of the object should be precise, sufficient and clear, vetting specifications which, by excessive, irrelevant or unnecessary, limit the competition;

III-of the autos of the procedure will constarred the justification of the definitions referred to in the inciso I of this article and the indispensable technical elements on which they are supported, as well as the budget, drawn up by the organ or promoter entity of the bidding, of the goods or services to be bid; and

IV-the competent authority shall designate, among the servers of the organ or promoter entity of the bidding, the pregoaler and respective support team, whose attribution includes, among others, the receipt of the bids and bids, the analysis of their acceptability and their classification, as well as the habilitation and adjudication of the object of the certame to the winning bidder.

§ 1º The support team should be integrated in its majority by effective post office servers or employment of the Administration, preferably pertaining to the permanent board of the organ or promoter entity of the event.

§ 2º Within the framework of the Ministry of Defence, the functions of pregoaler and member of the support team could be performed by military.

Art. 4º The external phase of the pregon will be initiated with the convening of the stakeholders and will observe the following rules:

I-the convening of the stakeholders will be effected by means of notice publication in the Journal Official of the Union, facultatively, by electronic means and as per the vulture of the bidding, in newspapers of wide circulation, pursuant to the regulation of which it treats § 2º of the art. 1º;

II-of the notice will outline the definition of the object, the indication of the location, days and times in that can be read or obtained from the edital integr;

III-of the edital will contain all the elements defined in the form of the inciso I of the previous article, the standards that discipline the procedure and the minuta of the contract, when it is the case;

IV-copies of the edital and the respective notice will be placed at the disposal of any person for consultation and disclosed in the form of Law No. 9,755, 16 of December 1998;

V-the deadline set for the submission of tenders, counted from the publication of the notice, no will be less than eight working days;

VI-on the designated day, time and place, will be held public session for receipt of the proposals, owing the person concerned, or their representative, to identify themselves and, if it is the case, to substantiate the existence of the necessary powers for formulation of proposals and for the practice of all the other inherent acts to the certame;

VII-open the session, interested parties will deliver the envelopes containing the indication of the object and the price offered, proceeding to its immediate opening and verification of the conformity of bids with the requirements set out in the convenatory instrument;

VIII-in the course of the session, the author of the lowest value offering and those of the offers with prices up to ten percent superior to that will be able to make new verbal and successive bids, up to the proclamation of the winner;

IX-not having at least three offers in the conditions set out in the previous inciso, will be able to the authors of the best proposals, up to the maximum of three, offer new bids verbals and successive ones, whatever the prices offered;

X-for trial and classification of bids, the lowest price criterion, observed the maximum time limits for supply, the technical specifications and minimum parameters of performance and quality defined in the edital;

XI-examined the ranked proposal in the first place, as to the object and value, will fit the pregoaler to decide motivatedly regarding your acceptability;

XII-ended the competitive step and ordered the offers, the pregoaler shall make the opening of the casing containing the driver's habilitation documents which submitted the best proposal, for verification of the fulfillment of the conditions fixed in the edict;

XIII-The habilitation will do so with the verification that the bidder is in regular situation in the face of the Farm National, the Social Security and the Service-Time Guarantee Fund-FGTS, and with the approval that it meets the requirements of the edital as to the legal habilitation and technical and economic qualifications-financial;

XIV-bidders will be able to fail to present the habilitation documents that already build from the System of Unified enrollment of Vendors-SICAF, assured to the remaining bidders the right of access to the data in it constant;

XV-verified the fulfillment of the requirements fixed at the edital, the bidder will be declared winner;

XVI-if the offer is not acceptable or if the bidder discites to the enabling requirements, the pregoaler will examine subsequent offers and qualification of the bidders, in the order of classification, and so successively, until the ascertainment of one that meets the edital, being the respective bidder declared winner;

XVII-in the situations foreseen in the incisos XI and XVI, the pregoaler will be able to negotiate directly with the proposer for that be obtained price better;

XVIII-declared the winner, any bidder will be able to manifest immediate and motivatedly the intention to appeal, when it will be granted the three-day deadline for submission of the reasons for the appeal, getting the remaining bidders since soon intimate to present counter-reasons in equal number of days, which will begin to run from the end of the recurring deadline, by giving them an immediate view of the autos;

XIX-the resource reception will import the invalidation only of the unceable acts of harnessing;

XX-the lack of immediate and motivated manifestation of the bidder will import the decadence of the right of appeal and adjudication of the object of bidding by the pregoaler to the winner;

XXI-decided the resources, the competent authority will make the adjudication of the bidder object to the winning bidder;

XXII-homologated to bidding by the competent authority, the adjudicator will be summoned to sign the contract within the term set in edital; and

XXIII-if the winning bidder, summoned within the period of validity of its proposal, does not conclude the contract, it will apply the provisions of inciso XVI.

Art. 5º It is vetted the requirement of:

I-warranty of proposal;

II-acquisition of the edital by the bidders, as a condition for participation in the certame; and

III-payment of fees and emoluments, save those concerning the supply of the edital, which will not be superior to the cost of their graphic reproduction, and the costs of ultilization of information technology resources, when it is the case.

Art. 6º The validity period of the proposals will be if sixty days, if another is not fixed in the edital.

Art. 7º Who quit to deliver or present the false documentation required for the certame, ensejar the retardation of the execution of your object, do not maintain the proposal, fail or defraud in the execution of the contract, behave iniduously or commit tax fraud, will be barred from bidding and hiring with the Union and, if it is the case, will be described in the SICAF, by the term of up to five years, without prejudice to the fines provided for in edital and in the contract and the remaining legal cominations.

Art. 8º The essential acts of the pregon, inclusive of those arising from electronic means, will be documented in the respective process, with views to the afference of their regularity by the control agents, pursuant to the regulation provided for in § 2º of the art. 1º.

Art. 9º Applied subsidately, for the modality of pregon, the norms of the Law No. 8,666, of June 21, 1993.

Art. 10. They are convalidated the acts practiced on the basis of the Provisional Measure No. 2.026-4, of August 28, 2000.

Art. 11. This Interim Measure takes effect on the date of its publication.

Brasilia, September 27, 2000; 179º of Independence and 112º of the Republic.

Fernando Henrique Cardoso

José Serra

Martus Tavares

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