PROVISIONAL MEASURE N ° 2.182?16, OF June 28, 2001

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 assignment that 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? if common goods and services, for the purposes and effects of this article, those whose performance and quality standards can be objectively defined by the edict, 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 preview's preparatory phase will observe the following:

I ? the competent authority shall justify the need for contracting and define the object of the certame, the enabling requirements, the criteria for acceptance of the tenders, the penalties for inadimpletion and the clauses of the contract, inclusive with fixation of 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 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 organ or promoter entity of the bidding, of the goods or services to be bid on; 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 assignment includes, among others, the receipt of the bids and bids, the analysis of their acceptability and its 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 its majority by effective post office servers or employment of the Administration, preferably pertaining to the permanent board of the organ or the 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 bidders will be effected by means of notice publication in the Official Journal of the Union, facultatively, by electronic means and as per the vulture of the bidding, in a major circulation newspaper, pursuant to the regulation of which it treats the § 2º of the art. 1º;

II? of the notice will contain the definition of the object of the bidding, the indication of the location, days and times in which it can be read or obtained in full from the edital;

III? of the edital will contain all the elements defined in the form of the inciso I of the art. 3º­, 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 shall be placed at the disposal of any person for consultation and disclosed in the form of Law No. 9,755 of December 16, 1998;

V? the deadline set for the submission of the proposals, counted from the publication of the notice, will not be less than eight working days;

VI? on the designated day, time and place, will be held public session for receipt of the proposals, shall the person concerned, or their representative, identify? if 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? if to their immediate opening and verification of the conformity of the proposals with the requirements set out in the instrument convocatory;

VIII? in the course of the session, the author of the lower value offer and those of the offers with prices up to ten percent higher than that will be able to make new verbal and successive bids, up to the proclamation of the winner;

IX? there are not at least three offers under the conditions set out in the inciso VIII, will be able to the 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, the lowest price criterion, observed the maximum time limits for supply, technical specifications and minimum performance and quality parameters defined in the edict, will be adopted;

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

XII? closed 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 edital;

XIII? o habilitation far? se?á with the verification that the bidder is in regular situation before the National Farm, Social Security and the Service Time Guarantee Fund? FGTS, and with the evidence that it meets the requirements of the edital as to the legal habilitation and technical and economical qualifications-financially-financially-financially;

XIV? the bidders will be able to fail to present the habilitation documents that already build from the Unified Supplier Cadastration System? SICAF, assured to the remaining bidders the right of access to the data in it constants;

XV? verified the fulfillment of the requirements fixed in the edict, the bidder will be declared winner;

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

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

XVIII? declared the winner, any bidder will be able to express immediately and motivally 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 from soon to be intimated to present against? reasons in equal number of days, which will begin to run from the end of the appellant's term, being? assured of immediate sight of the autos;

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

XX? the lack of immediate and motivated manifestation of the bidder will impose the decadence of the right of appeal and the adjudition 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 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 winning bidder, summoned within the period of validity of his proposal, does not enter into the contract, apply? se?á the provisions of the inciso XVI.

Art. 5º It is vetoed 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 regarding the supply of the edital, which will not be superior to the cost of its graphic reproduction, and to the costs of using information technology resources, when it is the case.

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

Art. 7º Whoever cees to deliver or present false documentation required for the certame, ensejar o retardation of the execution of your object, do not maintain the proposal, fail or defraud in the execution of the contract, behave? if in an inidomous manner 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 legal cominations.

Art. 8º The essential acts of the pregon, including those arising from means electronic, will be documented in the respective process, with views to the afferition of its regularity by the control agents, pursuant to the regulation laid down in § 2º of the art. 1º.

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

Art. 10. They are convalidated the acts practiced on the basis of the Provisional Measure No. 2.108?15 of June 21, 2001.

Art. 11. This Interim Measure shall come into force on the date of its publication.

Art. 12. Repeal? if the Provisional Measure No. 2.108?15, of June 21, 2001.

Brasilia, June 28, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

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