DECREE NO. 8,184, OF January 17, 2014

Establishes margin application of preference in tenders carried out within the framework of the federal public administration for the acquisition of information and communication technology equipment, for the purposes of the provisions of art. 3º of Law No. 8,666, of June 21, 1993.

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

DECRETA:

Art. 1º It is established the application of normal and additional preference margins for procurement of information and communication technology equipment, as percentage and descriptions of Annex I, in tenders carried out in the framework of the administration federal public, for the purposes of the provisions of art. 3º of Law No. 8,666, of June 21, 1993, and with views to the promotion of sustainable national development.

Paragraph single. The editions for purchase of the products described in Annex I, published after the date of entry into force of this Decree, should contemplate the application of the preference margins of which it treats the caput.

Art. 2º The normal preference margin of which treats the art will be applied. 1º only for the domestic manufactured goods, as Basic Productive Process approved pursuant to Decree-Law No. 288 of February 28, 1967 and of Law No. 8,248 of October 23, 1991.

§ 1º The bidder is expected to present, together with the proposal, copy of the interministerial portionery that attests to its habilitation to the incentives of Law No. 8,248, 1991, or copy of the Resolution of the Board of Directors of the Superintendency of the Manaus-Suframa Franca Zone that attests to its habilitation to the incentives of Decree Law No. 288, 1967.

§ 2º In the electronic pregon modality:

I-the bidder will declare, during the phase of enrollment of the proposals, whether the product meets the Productive Process Basics; and

II-copy of the portaria or resolution referred to in § 1º should be submitted with the documents required for habilitation.

§ 3º The product that does not meet the Basic Productive Process referred to in this article, or whose bidder does not present thematically copy of the portionery or resolution referred to in § 1º, shall be deemed to be foreign manufactured product for the purposes of this Decree.

Art. 3º The additional preference margin of which treats the art will be applied. 1º only for the national manufactured products, the terms of the art. 2º, and which meet the requirements and criteria set out in the MDIC/MCTI Interministerial Portaria No. 383, of April 26, 2013.

Art. 4º The margins 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. 5º The margins 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 margins of preference will not be applied in case the price lowest bidder is of national manufactured product.

§ 2º Case the bidder of the proposal classified in the first place is inability-made, or stop to fulfil the obligations provided for in art. 2º or art. 3º, the reclassification of proposals should be carried out for the purpose of application of the margins of preference.

§ 3º Case the bidding has by judgment criterion the lowest price of the group or lot, the margin of preference could be applied in relation to specific item or items that make up the group or lot and the calculation of the overall value of the lot should consider, individually, the impact of the application of the margin on each item.

§ 4º The application of the margins of preference will 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 margins of preference will not exclude the right of preference of the microenterprises and small-sized companies, provided for in art. 44 and art. 45 of the Supplementary Act No. 123 of December 14, 2006.

§ 6º The right of preference provided for in Decree No. 7,174 of May 12, 2010, it could be exercised only after the application of the margins of preference that it treats art. 1º.

§ 7º The application of the margins of preference will be conditional on compliance, in the moment of bidding, of the provisions of § 9º of the art. 3º of Law No. 8,666, of 1993.

Art. 6º While the Federal Government Procurement Portal is not adapted to the provisions of § 3º of the art. 5º, the convenatory instrument should specify the method of calculating the overall value that behold, individually, the impact of the application of the margin on each item, observed the provisions of this Decree.

Art. 7º The margins of preference that it treats art. 1º will be applied until December 31, 2015, for the products described in Annex I.

Art. 8º This Decree takes effect on the date of its publication.

Brasilia, January 17, 2014; 193º of Independence and 126º of the Republic.

DILMA ROUSSEFF

Dyogo Henrique de Oliveira