PROVISIONAL MEASURE NO. 2.108?14, OF May 24, 2001.

Institutes, 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 Considered common goods and services, for the purposes and effects of this article, those whose standards of performance and quality may be objectively defined by the edital, by means of customary specifications on the market.

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

Art. 2º PreAfghan is the bidding modality for the acquisition of common goods and services, promoted exclusively within the Union, whatever the estimated value of the contracting, in which the dispute by the supply is done 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 sanctions by indefrafment 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 that, 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.

§ 1° 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 the promoter entity of the event.

§ 2° Within the Ministry of Defence, the functions of pregoaler and member of the support team may 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 by means of publication of notice in the Official Journal of the Union, facultatively, by electronic means and as per the vulture of the bidding, in newspaper of wide circulation, pursuant to the regulation of which it treats § 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 edict;

III-of the edict will contain all the elements defined in the form of the inciso I art. 3º, 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 placed at the disposal of any person for consultation and disclosed in the form of the Act paragraph 9,755 of December 16, 1998;

V-the deadline set for the submission of bids, counted as of the publication of the notice, shall not be less than eight working days;

VI-in the day, time and place designated, 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 their immediate opening and the verification of the compliance of the proposals 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 percent higher than that may 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 inciso VIII, will be able to the authors of the best proposals, up to the maximum of three, offer new verbal bids in successive, whatever the prices offered;

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

XI-examine the proposal ranked first, as to the object and value, will fit the pregoaler to decide motivatedly to respect of its acceptability;

XII-closed the competitive step and ordered the offers, the pregoaler shall make the opening of the envodlepoint containing in the bidding documents of the bidder that submitted best proposal, to verification of the fulfillment of the conditions fixed in the edict;

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

XIV-bidders will be able to fail to submit the enabling documents that already constant of 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 set in the edict, the bidder will be declared the winner;

XVI-if the offer is not acceptable or if the bidder dissatisfies 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 attends the edital, being the respective declared bidder;

XVII-in the situations provided for in the incisos 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 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 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 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 Who cede to give up or present 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? 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?13 of April 26, 2001.

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

Brasilia, May 24, 2001; 180º of Independence and 113º of the Republic.

FERNANDOHENRIQUE CARDOSO

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