provisional measure No 2.026-4, of August 28, 2000.

Institui, within the framework of the Union, pursuant to 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 assignment which gives it the art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

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

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

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

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

Single paragraph. 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 shall justify the need for contracting and shall define the object of the certame, the enabling requirements, the criteria for acceptance of the bids, the penalties for inadimpletion and the clauses of the contract, inclusive with fixation of the deadlines for supply;

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

III-dos autos of the procedure will contain 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 body 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 allocation includes, among others, the receipt of the proposals 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 into their majority by occupant servers of effective office or employment of the Administration, preferably belonging to the permanent board of the organ or promoter entity of the event.

§ 2º Within the Ministry of Defence, the functions of pregoaler and member of the support team will be able to 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 interested 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 which it can be read or obtained the integration of the edict and received the proposals;

III-of the edital will contain all the elements defined in the manner 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 edict and the respective notice shall be made available to any person for consultation and disclosed in the form of Law No. 9,755, 16 December 1998;

V-the deadline set for submission of tenders, counted from the publication of the notice, will not be less than eight days useful;

VI-on the designated day, time and place, will be held public session for receipt of the proposals, and the person concerned, or their representative, shall be identified 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 remaining acts inherent in 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 to the 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 offer and those of the offers with prices up to ten per cent higher than that will be able to make new verbal and successive bids, up to the proclamation of the winner;

IX-not if there are at least three offers under the conditions set in the previous inciso, will be able to authors of the best proposals, up to the maximum of three, offer new verbal and successive bids, whatever the prices offered;

X-for trial and classification of the proposals, will be adopted the criterion of minor price, observed the maximum time limits for supply, the technical specifications and minimum performance and quality parameters set out in the edict;

XI-examined the proposal ranked first, as to the object and value, it will be up to the pregoaler to decide motivately regarding its acceptability;

XII-ended the competitive step and ordered the offers, the pregoaler shall make the opening of the casing containing the enabling documents of the bidder who submitted the best proposal, for verification of the fulfillment of the conditions set in the edict;

XIII-The habilitation shall do so with the verification that the bidder is in regular situation before 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-the Bidders will be able to fail to present the enabling documents already in the Unified Supplier-SICAF Cadastration System, 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 the enabling requirements, the pregoer will examine the subsequent offers and qualification of the bidders, in the order of classification, and thus successively, up to the ascertainment of one that meets the edital, being the respective bidder declared winner;

XVII-nas situations foreseen in the incisors XI and XVI, the pregoaler will be able to negotiate directly with the bidder so that better price is obtained;

XVIII-declared the winner, any bidder will be able to express immediately and motivally to 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 breakup of the recurrent deadline, by giving them immediate view of the autos;

XIX-the reception of appeal will impose the invalidation only of the unceable acts of exploitation;

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

XXI-decided the resources, the competent authority shall make the award of the object of the bidding to the winning bidder;

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

XXIII-if the bidder winner, convened within the period of validity of its proposal, not to conclude the contract, the provisions of the inciso XVI will apply.

Art. 5º It is vetted the requirement of:

I-guarantee 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 higher than the cost of its graphic reproduction, and the costs of ultilization of information technology resources, when it is the case.

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

Art. 7º Who cede to deliver or present the false documentation required for the certame, ensejar the retardation of the execution of its object, do not maintain the proposal, fail or defraud in the execution of the contract, behave in a way inidôneo or commit tax fraud, will be prevented 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 in edital and in the contract and of the remaining cominations legal.

Art. 8º The essential acts of the pregon, including 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 in a subsidiary way, for the modality of pregon, the norms of Law No. 8,666, of June 21, 1993.

Art. 10. The Union and its respective linked bodies will be able to use the reciprocally priced registration systems, for purchase of hospital materials, insecticides, drugs, vaccines, pharmaceutical inputs and medications, provided that such possibility in the price register bidding edital.

Single paragraph. Purchases of the materials referred to in this article, up to the value of R$ 300,000.00 (three hundred thousand reais), may be carried out in the invitation modality, when effected by prices lower than those consigned into the price registration system of the Union, being assured to the registered supplier the preference of supply on equal terms.

Art. 11. They are convalidated the acts practiced on the basis of the Provisional Measure No. 2.026-3, of July 28, 2000.

Art. 12. This Interim Measure shall come into force on the date of its publication.

Brasilia, August 28, 2000; 179º of Independence and 112º of the Republic.

Fernando Henrique Cardoso

Barjas Negri

Martus Tavares