INTERIM MEASURE N ° 2.108-13, OF April 26, 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.

O PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives him 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 Provisional Measure.

§ 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 on the market.

§ 2º The regulation will have on the common goods and 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, in which the dispute for supply is made by means of tenders and bids in public session.

Single paragraph. The preview can be carried out by means of the use, of 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 hiring and define the object of the certame, the habilitation requirements, the criteria for acceptance of the proposals, the sanctions by inadimplement 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 that, by excessive, irrelevant or unnecessary, limit the competition;

III-of the autos of the procedure shall consign 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 pregoer and respective support team whose assignment 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 bidder winner.

§ 1º The support team should be integrated in sisa majority by servers Occupants of effective post or employment of the Administration preferentially pertected to the permanent board of the organ or the promoter entity of the event.

§ 2º In the framework of the Ministry of Defense, the pregoer and support team member functions could be performed by military personnel.

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 concerned sura 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 the Journal of great circulation, 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 locai, days is times when it can be read or obtained in full from the edital;

III-of the edict will outline 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 the Law No. 9,755, of December 16 of 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-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 identify and, if applicable, prove 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, the stakeholders 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 convocatory 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 if there are at least three offerings in the conditions set in the previous inciso, will be able to the authors of the best ptopostas, up to the maximum of three, offer new bids verbals and successive ones, whatever the prices offered;

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

XI-examined the ranked prproposal in the first place, as to the object and value, will fit the pregoaler to decide motively regarding his 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-the habilitation will be far with the verification that the bidder is in regular situation before the National Farm, Social Security and Service-Time Guarantee Fund-FGTS, and with the evidence that it meets the requirements of the edital as to legal habilitation and technical qualifications and economeo-finance;

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

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 entitle requirements, the pregoaler 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 edict, being the respective bidder declared winner;

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

XVIII-declared the winner, any bidder can express immediate and motivatedly the intention to appeal, when you 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, that will begin to run from the end of the appellant's 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 the adjudication of the object of bidding by the pregoer to the winner;

XXI-decided the resources, the competent authority will make the adjudication of the bidding object 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 its proposal, does not conclude the contract, apply it to the provisions of inciso XVI.

Art. 5º It is vetted the requirement of:

I-tender guarantee;

II-acquisition of the edital by the bidders, with 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 their graphic reproduction, and the costs of using information technology resources, when it is the case.

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

Art. 7º Who cede to deliver or present false documentation required for the certame, ensejar the king 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 in edital and in the contract and of the remaining legal cominations.

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 aferition of their regularity by the controlling 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 Law No. 8,666, of June 21, 199 to 3.

Art. 10. They are convalidated the acts practiced on the basis of the Provisional Measure No. 2.108-12, of March 27 2001.

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

Brasilia, April 26, 2001; 180º of Independence and 113º of the Republic.

Fernando Henrique Cardoso

Pedro Parente