DECREE NO. 6,017, OF January 17, 2007.
Regulatory to Law no 11,107, of April 6, 2005, which has about general procurement standards of consortia public.
THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, inciso IV, of the Constitution, and with a view to the provisions of the art. 20 of the Law no 11,107, of April 6, 2005,
OF THE OBJECT AND THE DEFINITIONS
Art. This Decree sets standards for the implementation of the Act no 11,107, of April 6, 2005.
Art. 2nd For the purposes of this Decree, consider yourself:
I-public consortium: legal person formed exclusively by the Federation's entes, in the form of the Law no 11,107, 2005, to establish federative cooperation relations, inclusive of the achievement of objectives of common interest, constituted as a public association, with legal personality of public law and municipal nature, or as a legal person of private law without economic purposes;
II-acting area of the public consortium: area corresponding to the sum of the following territories, regardless of figure out the Union as consortiated:
a) of the Municipalities, when the public consortium is made up only by Municipalities or by a State and Municipalities with territories contained therein;
b) of the States or States and the Federal District, when the public consortium is respectively constituted by more than one State or by one or more States and the District Federal; and
c) of the Municipalities and the Federal District, when the consortium is constituted by the Federal District and Municipalities.
III-protocol of intent: preliminary contract that, ratified by the interested Federation's entes, converts themselves to public consortium contract;
IV-ratification: approval by the ente of the Federation, by law, of the protocol of intent or of the withdrawal act of the public consortium;
V-reservation: act by which ente from the Federation does not ratify, or condones the ratification, of a particular device of protocol of intent;
VI-withdrawal: exit of ente from the public consortium Federation, by formal act of his will;
VII-prorogation contract: contract by means of which the consortia commit themselves to provide financial resources for the realization of the public consortium's expenditure;
VIII-convenium of cooperation between federates: pact struck exclusively by entes of the Federation, with the aim of authorizing the associated management of public services, since ratified or previously disciplined by law edited by each of them;
IX- associated management of public services: exercise of the activities of planning, regulation or supervision of public services by means of public consortium or of cooperative arrangements between federated people, accompanied or not by the provision of public services or the full or partial transfer of charges, services, personnel and essential goods to the continuity of the services transferred;
X-planning: the activities that achieve the identification, qualification, quantification, organization and orientation of all actions, public and private, by means of which a public service shall be provided or put at the disposal of appropriate form;
XI-regulation: any and all act, normative or otherwise, that discipline or organize a particular public service, including its characteristics, quality standards, socio-environmental impact, rights and obligations of the users and those responsible for its bid or provision and fixation and revision of the value of tariffs and other public prices;
XII- surveillance: follow-up activities, monitoring, control or evaluation, in the sense of ensuring the use, effective or potential, of the public service;
XIII-provision of public service in associated management regime: execution, by means of federative cooperation, of any and any activity or works with the aim of allowing the users access to a public service with quality characteristics and standards determined by the regulation or the program contract, including when operated by full or partial transfer of charges, services, personnel and essential goods to the continuity of services transferred;
XIV-public service: activity or amenity material fruity directly by the user, who can be remunerated by means of fee or public price, inclusive tariff;
XV-holder of public service: ente from the Federation to whom it competes to provide the public service, especially through planning, regulation, surveillance and direct provision or indirect;
XVI-program contract: instrument by which they must be constituted and regulated the obligations that an individual of the Federation, including its indirect administration, has to with another member of the Federation, or to with public consortium, in the framework of the provision of public services through federative cooperation;
XVII-term of partnership: a passable instrument of being firmed between public consortium and entities qualified as Organizations of the Civil Society of Public Interest, intended for the formation of bond of cooperation between the parties to the foment and execution of public interest activities foreseen in art. 3rd of the Law no 9,790, of March 23, 1999; and
XVIII-management contract: instrument Established between the public administration and municipality or qualified foundation as Executive Agency in the form of the art. 51 of the Act No 9,649 of May 27, 1998, by means of which set objectives, targets and respective performance indicators of the entity, as well as the necessary resources and the criteria and instruments for the assessment of its compliance.
Single paragraph. The acting area of the public consortium mentioned in the inciso II of the caput of this article refers exclusively to the territories of the Federation's people who have ratified by law the protocol of intent.
OF THE CONSTITUTION OF THE PUBLIC CONSORTIA
Art. 3rd Observed the constitutional and legal limits, the goals of public consortia will be determined by the individual who consorts, admitting, among others, the following:
I- the associated management of public services;
II-the provision of services, inclusive of technical assistance, the execution of works and the supply of goods to the direct or indirect administration of the consortiated people;
III-the sharing or the common use of instruments and equipment, inclusive of management, maintenance, informatics, technical personnel and bidding procedures and admission of staff;
IV-the production of information or technical studies;
V-the institution and operation of schools of government or congenneric establishments;
VI-the promotion of the rational use of natural resources and the protection of the half-environment;
VII-the exercise of functions in the water resource management system that have been delegated or authorized;
VIII-the support and the fostering of the exchange of experience and of information among the loved ones;
IX-the management and the protection of heritage urbanistic, landscaping or common tourist;
X-the planning, management and administration of the services and resources of the social security of the servers of any of the Federation's employees who integrate the consortium, vehement that resources raised in a federative one are used in the payment of insurance benefits from another ente, in such a way as to meet the provisions of the art. 1st, inciso V, of the Law no 9,717, of 1998;
XI-the provision of technical assistance, extension, training, research and urban, rural and agrarian development;
XII-the actions and urban, socio-economic, local and regional development policies; and
XIII-the exercise of competencies belonging to the Federation's entes in the terms of authorization or delegation.
§ First public consortia will be able to have one or more goals and the consortiated ones will be able to consort with respect to all or just their share.
§ § 2nd The public consortia, or entity to it linked, will be able to develop the actions and services of health, obeyed the principles, guidelines, and norms that regulate the Single Health System-SUS.
From Protocol of Intentions
Art. 4th The constitution of public consortium will depend on the preview conclusion of protocol of intent subscribed by the legal representatives of the interested Federation's people.
Art. 5th The protocol of intent, under penalty of nullity, should contain, at the very least, clauses establishing:
I-the denomination, the purposes, the duration of the duration and the seat of the public consortium, admitting to the fixture of term indefinite and the prediction of change of the seat upon decision of the General Assembly;
II-a identification of each of the Federation's people who may come to integrate the public consortium, and may indicate deadline for them to subscribe to the protocol of intent;
III-the indication of the acting area of the public consortium;
IV-the prediction that the public consortium is public association, with legal personality of public law and the municipal nature, or legal person of private law;
V-the criteria for, in matters of common interest, to authorize the public consortium to represent the members of the Federation consorted in the face of other spheres of government;
VI-the standards of convocation and operation of the general assembly, including for the drafting, approval and modification of the statutes of the public consortium;
VII-the prediction that the general assembly is the maximum instance of the public consortium and the number of votes for its deliberations;
VIII-the form of election and the length of the mandate of the legal representative of the public consortium who, obligatorily, shall be Head of the Executive Power of ente of the consortiated Federation;
IX-the number, the forms of the proofing and the remuneration of the employees of the public consortium;
X-the cases of hiring for time determined to meet the temporary need for exceptional public interest;
XI-the conditions for the public consortium to conclude management contract, pursuant to the Act no 9,649, of 1998, or term of partnership, in the form of the Act no 9,790, of 1999;
XII-the authorization for the associated management of public service, explaining:
a) competencies whose execution will be transferred to the public consortium;
b) the public services object of the associated management and the area in which they will be provided;
c) the authorization to bid for and hire grant, permission or authorize the provision of the services;
d) the conditions to which you must obey the program contract, in case it appears as a contractor o public consortium; and
e) the technical criteria for calculating the value of tariffs and other public prices, as well as the general criteria to be observed in their readjustment or revision;
XIII-the right of any of the contractors, when they adheres to their obligations, to demand full compliance with the clauses of the public consortium contract.
§ 1st The protocol of intent should define the number of votes that each individual of the Federation consortiate has in the general assembly, being assured to each other at least one vote.
§ 2nd Admit it, to the exception of the general assembly:
I-the participation of representatives of civil society in the collegiate bodies of the public consortium;
II-which collegiate bodies of the public consortium are composed of representatives of civil society or by representatives only of the consortiated persons directly interested in the subjects of competence of such organs.
§ 3rd Public consortia should obey the principle of advertising, making public the decisions that say respect to third parties and those of a budgetary, financial or contractual nature, including those concerning the admission of personnel, as well as allowing any of the people to have access to their meetings and to the documents that produce, save, in the terms of the law, those deemed sigilous by prior and motivated decision.
§ 4th The mandate of the legal representative of the public consortium will be fixed in one or more financial years and will automatically cease in the event that the elected no longer occupies the Chefia of the Executive Power of the ente of the Federation representing in the general assembly, hypothesis in which will be succeeded by whoever fulfills that condition.
§ 5th Salvo forecast to the contrary statutes, the legal representative of the public consortium, in its impediments or in the vacancy, will be replaced or succeeded by the one who, in the same hypotheses, replaces him or succeeding in the Chefia of the Executive Power.
§ 6th It is void the clause of the protocol of intent that provides for certain financial or economic contributions of from the Federation to the public consortium, save the donation, targeting or assignment of the use of movable or immovable property and the transfers or disposals of rights operated by associated management of public services.
§ 7th The protocol of intent is to be published in the official press.
§ 8th The publication of the protocol of intent may give itself in a short form, provided that the publication indicates the place and the site of the worldwide computer-internet network where you can get your full text.
Art. 6th The public consortium contract will be concluded with the ratification, by law, of the protocol of intentions.
§ First refusal or delay in ratification may not be penalized.
§ 2nd ratification can be carried out with reservation that should be clear and objective, preferentially linked to the term of clause, paragraph, incisus or protocol of intent, or to impose conditions for the duration of any of these devices.
§ 3rd case the law mentioned in the caput of this article provides for reservations, the admission of the ente in the public consortium will depend on the approval of each of the reservations by the remaining underwriters of the protocol of intent or, if already constituted the public consortium, by the general assembly.
§ 4th The public consortium contract, if so is provided for in the protocol of intent, could be concluded by only one parcel of its signatories, without prejudice that the remaining ones will subsequently integrate it.
§ 5th In the case provided for in § 4th of this article, the ratification carried out after two years of the first subscription to the protocol of intent will depend on the approval of the remaining underwriters or, if already constituted of the consortium, of decision of the general assembly.
§ 6th It will depend on changing the public consortium contract the membership of the Federation not mentioned in the protocol of intent as a possible member of the public consortium.
§ 7th It is expendable the intended ratification in the caput of this article for the Federation's ente who, prior to subscribing to the protocol of intent, discipline by law to its participation in the public consortium, so as to be able to assume all the obligations laid down in the protocol of intent.
Da Legal Personality
Art. 7th The public consortium will acquire personality legal:
I-of public law, upon the duration of the laws of ratification of the protocol of intent; and
II-of private law, upon the fulfillment of the foreseen in the inciso I e, still, of the requirements set out in the civil legislation.
§ 1st Public consortia, even if coated with legal personality of law private, will observe the norms of public law in what concerne to the realization of bidding, conclusion of contracts, admission of personnel and the provision of accounts.
§ § 2nd Case all the underwriters of the protocol of intent find themselves in the situation provided for in the § 7th of the art. 6th of this Decree, the enhancement of the public consortium contract and the acquisition of the legal personality by the public association will depend only on the publication of the protocol of intent.
§ 3rd In the hypotheses of creation, merger, incorporation, or dismemberment that attain consigned or underwriters' of protocol of intent, the new ones of the Federation, unless otherwise stipulated in the protocol of intent, will be automatically taken as consortials or underwriters.
From the Statutes
Art. 8th The consortium public will be organized by statutes whose provisions, under penalty of nullity, should meet all the clauses of their constitutive contract.
§ First the statutes will be approved by the general assembly.
§ 2nd With respect to public servants of the public consortium, the bylaws will be able to have about the exercise of the disciplinary and regulatory power, the administrative tasks, hierarchy, efficiency assessment, lotation, work journey and denomination of the posts.
§ 3rd The statutes of the public consortium of public law will produce their effects by publication in the official press within the framework of each individual consortiated.
§ 4th The publication of the statutes could give itself in a short form, as long as the publication indicates the site and the website of the worldwide computer-internet network in which you can get your full text.
DA MANAGEMENT OF PUBLIC CONSORTIA
Art. 9th The entes of the consortiated Federation respond subsidarily by the obligations of the public consortium.
Paragraph single. The leaders of the public consortium will respond personally for the obligations by it contracted if they practise acts in disregard of the law, the statutes or decision of the general assembly.
Art. 10. For fulfillment of its purposes, the public consortium will be able to:
I-firm convennials, contracts, agreements of any nature, receive aid, contributions and social or economic grants;
II-be hired by the direct or indirect administration of the consortiated Federation's entes, dispensed with bidding; and
III-case constituted in the form of public association, or upon prediction in a program contract, promote dispropriations or institute servitude in the terms of declaration of usefulness or public necessity, or of social interest.
Paragraph single. The contracting of credit operation by the public consortium subject to the limits and conditions of its own set by the Federal Senate, in accordance with the provisions of the art. 52, inciso VII, of the Constitution.
From the Contabil and Financial Regime
Art. 11. The execution of the revenue and expenditure of the public consortium should comply with the financial law standards applicable to public entities.
Art. 12. The public consortium is subject to accounting, operational and patrimonial surveillance by the Court of Competent Accounts to appreciate the accounts of its legal representative, including on the legality, legitimacy and economicity of the expenditure, acts, contracts and revenue renunciation, without prejudice to the external control to be exercised on the grounds of each of the contracts that the consortium members of the consortiated with come to celebrate with the public consortium.
From the Ratee Contract
Art. 13. The consortiated ones will only deliver financial resources to the public consortium upon a prorogation contract.
§ 1st The prorogation contract will be formalized in each financial year, with observance of the budgetary and financial legislation of the ente consortiate Contracting and depends on the prediction of budget resources that support the payment of the contracted obligations.
§ 2nd It constitutes an act of administrative improbity, in the terms of the provisions of the art. 10, inciso XV, of the Law No. 8,429, of June 2, 1992, conclude prorogation contract without sufficient and prior budgetary endowment, or without observing the formalities provided for in Law.
§ 3rd The clauses of the prorogation contract will not be able to contain tendant disposition to ward off, or make it difficult to supervision exercised by the internal and external control bodies or by the civil society of any of the entes of the consortiated Federation.
§ 4th The entes consortiated, isolated or jointly, as well as the public consortium, are legitimate parties to demand fulfillment of the obligations laid down in the contract of prorated ratee.
Art. 14. Where there is restriction in the realization of expenses, of commitment or of financial movement, or any other derivative of the financial law standards, the ente consort, upon written notification, should inform it to the public consortium, pointing out the measures it has taken to regularize the situation, so as to ensure the intended contribution in the prorogation contract.
Paragraph single. The possible impossibility of the ente consortiate fulfilling budgetary and financial obligation set out in prorogation contract obliges the public consortium to adopt measures to adapt the budgetary and financial execution to the new limits.
Art. 15. The application of the resources delivered by means of prorogation contract, including those arising from transfers or credit operations, is vetoed for the care of expenses classified as generic.
§ 1st Understanding by generic expense the one in which the budget execution takes effect with application modality indefinite.
§ 2nd It does not consider itself to be generic the expenses of administration and planning, since previously classified by means of applying the public accounting standards.
Art. 16. The term of the prorogation of the prorogation contract shall not be greater than the effective of the appropriations which bear it, with the exception of those which have the object exclusively projects consistent in programmes and actions contemplated in multiannual plan.
Art. 17. With the aim of allowing the fulfillment of the devices of the Supplementary Act no 101, of May 4, 2000, the public consortium must provide the necessary financial information for them to be consolidated, in the accounts of the consortiations of the consortiated, all revenues and expenses undertaken, in such a way that they can be accounted for in the accounts of each individual of the Federation in the compliance of the economic elements and the activities or projects served.
From Hiring Consortium by Ente Consortiate
Art. 18. The public consortium will be able to be hired by ente consortiate, or by entity that integrates the indirect administration of the latter, being dispensed with bidding under the art. 2nd inciso III, of the Law no 11,107, of 2005.
Single paragraph. The contract envisioned in the caput preferentially should be concluded when the consortium provides goods or provides services to a particular consortiate, in such a way as to prevent them from being borne by the rest.
From the Shared Licitations
Art. 19. Public consortia, if constituted for such purpose, may carry out bidding whose edital provides for contracts to be concluded by the direct or indirect administration of the members of the Federation consortiated, pursuant to § 1st art. 112 of the Law no 8,666, of June 21, 1993.
From the Grant, Permission, or Authorization of Public Services or Use of Public Goals
Art. 20. Public consortia will only be able to hear concession, permission, authorization and to hire the provision by means of associated management of works or public services by:
I-obedience to the legislation of general standards in force; and
II-authorization provided for in the public consortium contract.
§ 1st The authorization mentioned in the inciso II of the caput should state the object of the concession, permission or authorization and the conditions to which it is to meet, including performance targets and the criteria for setting tariffs or other public prices.
§ § 2nd Public consortia will be able to issue collection documents and exercise fee raising activities and other public prices for the provision of services or by use or outoring of use of public goods or, in the case of specific authorization, services or goods of ente from the consortiated Federation.
Art. 21. The public consortium only upon bidding will hire grant, permission or authorize the provision of public services.
§ 1st The provisions of this article apply to all adjustments of a contractual nature, regardless of whether they are denominated as convenians, agreements or terms of cooperation or of partnership.
§ 2nd The willing in this article does not apply to the program contract, which may be hired with bidding dispensation as per art. 24, inciso XXVI, of the Law no. 8,666, of June 21, 1993.
From the Servers
Art. 22. The creation of public jobs depends on the prediction of the public consortium contract that will set you the form and the requirements of the pavement and its respective remuneration, including as to the additional, gratuities, and any other installments remunerative or of indeniatory character.
Art. 23. The members of the consortiated Federation, or those with them conveniently, will be able to cede to you servers, in the form and conditions of each other's legislation.
§ First the ceded servers will remain in their originating regime, only being granted additional or gratuity in the terms and values set out in the contract of public consortium.
§ 2nd The payment of additional or gratuities in the form foreseen in the § 1st of this article does not set new link of the ceded server, including for the ascertainment of labor responsibility or previdentiary.
§ 3rd In the hypothesis of the consortium's ente consortiate taking on the burden of the assignment of the server, such payments could be counted as skilful credits to operate compensation with obligations provided for in the prorogation contract.
OF THE WITHDRAWAL AND EXCLUSION OF ENTE CONSORTIATE
Art. 24. No members of the Federation may be required to consort or to remain consorted.
Art. 25. The withdrawal of the ent from the Federation of the public consortium will depend on the formal act of its representative in the general assembly, in the form previously disciplined by law.
§ 1st The goods destined for the public consortium by the consort withdrawing will only be reversed or rolled back in the case of express agreement of the consortium contract public or from the instrument of transfer or disposal.
§ 2nd The withdrawal will not harm the obligations already constituted between the consortiate that withdraws and the public consortium.
§ 3rd The withdrawal of an ente from the Federation of the public consortium consisting of only two entes will entail the extinction of the consortium.
Art. 26. The exclusion of ente consortiate is only admissible with only fair cause.
§ 1st than those are recognized in a specific procedure, it is fair cause for non-inclusion, by the ente consortiate, in its budget law or in additional credits, of sufficient appropriations to bear the expenses that, under the budget of the public consortium, predicts should be assumed by means of prorogation contract.
§ 2nd The exclusion provided for in § 1st of this article will only occur after prior suspension, period in which the ente consortiate can rehabilitate itself.
Art. 27. The exclusion of consort requires administrative process where it is assured of the right to ample defence and to the contradictory.
Art. 28. Upon prediction of the public consortium contract, it may be from him excluded the ente who, without permission of the remaining consortiums, subscribe to protocol of intent to constitute another consortium with purposes, the judgment of the majority of the general assembly, equal, resembling or incompatible.
OF THE ALTERATION AND EXTINCTION OF THE PUBLIC CONSORTIUM CONTRACTS
Art. 29. The alteration or the extinction of the public consortium contract will depend on instrument approved by the general assembly, ratified by law by all the partners consortiated.
§ 1st In case of extinction:
I-the goods, rights, charges and obligations arising from the associated management of public services costed by fares or other kind of public price will be assigned to the holders of the respective services;
II-until there is a decision to indicate those responsible by each obligation, the consortiated loved ones will respond in solidarity with the remaining obligations, guaranteed the right of return in the face of the beneficiaries or those given cause to the obligation.
§ 2nd With the extinction, the personnel ceded to the public consortium will return to their home organs, and the employees public will automatically have rescinded their employment contracts with the consortium.
OF THE PROGRAM AGREEMENT
Of The Preliminary Provisions
Art. 30. They should be constituted and regulated by program contract, as a condition of their validity, the obligations contracted by the Federation, inclusive of entities of its indirect administration, which have the object of the provision of services by means of associated management or the full or partial transfer of charges, services, personnel or of goods necessary to the continuity of the services transferred.
§ First For the purposes of this article, it considers itself to provide public service by means of management associated with that in which an ente of the Federation, or entity of its administration indirect, cooperate with another member of the Federation or with public consortium, regardless of the denomination it comes to adopt, except where the provision is provided by means of a public service concession contract concluded after regular bidding.
§ 2nd Constitui act of administrative improbity, as of April 7, 2005, celebrate contract or other instrument that is to object to the provision of public services by means of federative cooperation without the conclusion of a program contract, or without any other formalities being observed under law, pursuant to the provisions of the art. 10, inciso XIV, of the Law no 8,429, of 1992.
§ 3rd Excluded from that provided in this article as obligations whose defulfillment does not entail any burden, including financial, the ente of the Federation or the public consortium.
Art. 31. Case provided for in the public consortium contract or in cooperation arrangements between federated people, will admit to the conclusion of a Federation or public consortium's program contract with municipality, public company or economy society mixed.
§ First for the purposes of the caput, the autarky, public company or mixed economy society should integrate the Federation's indirect management of ente Federation which, by means of public consortium or cooperation arrangement, has authorized the associated management of public service.
§ 2nd The contract concluded in the form predicted in the caput of this article will be automatically extinguished in the case of the hired no longer to integrate the indirect administration of the Federation's ente who authorized the associated management of public services through public consortium or cooperation convenium.
§ 3rd It is lawful to the contractor, in the event of a program contract concluded with society of mixed economy or with a public company, receive society-based participation with the special power to prevent divestory from the company in order to prevent the program contract from being extinguished in the conformity of the one provided for in § 2nd of this article.
§ 4th The convenium of cooperation will not produce effects among the cooperating Federation's entes that do not the have disciplined by law.
From the Bidding Disthink
Art. 32. The programme contract may be concluded by bidding dispensation under the art. 24, inciso XXVI, of the Law no 8,666, of 1993.
Single paragraph. The term of bidding dispensation and the minuta of programme contract shall be reviewed in advance and approved by legal advice from the Administration.
Das Clauses Required
Art. 33. Program contracts should, in what couber, meet the legislation of concessions and public service permissions and contain clauses that establish:
I-the object, the area and the term of the associated management of public services, including the one operated by means of full or partial transfer of charges, services, personnel and goods essential to the continuity of services;
II-the way, form and conditions of provision of the services;
III-the criteria, indicators, formulas and defining parameters of the quality of the services;
IV-the call for regulation of the services object of the management associated, especially with regard to the setting, revision and readjustment of tariffs or other public prices and, if necessary, the supplementary norms to that regulation;
V-procedures that guarantee transparency of the economic and financial management of each service in relation to each of its holders, especially of ascertaining how much has been raised and invested in the territories of each of them, in relation to each service under associated public service management regime;
VI-the rights, guarantees and obligations of the holder and the provider, inclusive of those related to the foreseeable needs for future change and expansion of services and consequent modernization, improvement and magnification of equipment and facilities;
VII-the rights and duties of users for obtaining and use of the services;
VIII-the manner of supervision of installations, equipment, methods and practices of execution of services, as well as the indication of the competent bodies for exercise as;
IX-the contractual and administrative penalties to which the provider is subject of services, including when public consortium, and its form of application;
X-the cases of extinction;
XI-the reversible goods;
XII-the criteria for the calculation and the form of payment of the damages due to the service provider, inclusive when public consortium, especially of the value of the reversible goods that have not been amortized by tariffs and other emerging revenues from the provision of the services;
XIII-the compulsory, form and periodicity of the provision of public consortium accounts or another provider of the services, with regard to the provision of the services by management public service associate;
XIV-the periodicity in which the services will be audited by commission composed of representatives of the holder of the service, the contractor and the users, in order to comply with the provisions of the art. 30, single paragraph, of the Law no 8,987, of February 13, 1995;
XV-the requirement of periodic publication of the financial statements relating to the associated management, which should be specific and segregated from the remaining demonstrations of the public consortium or the service provider; and
XVI-the venue and the friendly mode of solution of the contractual controversies.
§ 1st In the case of full or partial transfer of charges, services, personnel and essential goods to the continuity of the services transferred, the program contract should also contain clauses that predict:
I -the charges transferred and the subsidiary liability of the ente who transferred them;
II- the penalties in the case of default in relation to the charges transferred;
III-o moment of transfer of the services and the duties relating to their continuity;
IV-a indication of who will shoulder the burden and the liabilities of the transferred personnel;
V-a identification of the goods that will have only their management and administration transferred and the price of those effectively disposed to the provider of the services or the public consortium; and
VI-the procedure for the lifting, enrollment and evaluation of the reversible goods that come to be amortized upon revenue from tariffs or other emerging from the provision of the services.
§ 2nd O no payment of the indemnity provided for in the inciso XII of the caput, including when there is controversy of its value, does not prevent the holder from resuming services or adopting other measures to ensure the continuity of the proper provision of the service public.
§ 3rd It is void of the program contract clause that ascribe to the contractor the exercise of the powers of planning, regulation and supervision of services by it themselves provided.
From Vigence and Extinction
Art. 34. The program contract will remain behold-up even when extinct the public consortium contract or the cooperation agreement that authorized the associated management of public services.
Art. 35. The extinction of the program contract will not harm the obligations already constituted and will depend on the prior payment of the damages eventually due.
DAS STANDARDS APPLICABLE TO THE UNION
Art. 36. The Union shall only participate in a public consortium in which they also form all States in whose territories are situated the Municipalities consortiated.
Art. 37. The granting organs and federal entities will give preference to voluntary transfers to states, the Federal District and Municipalities whose shares are developed through public consortia.
Art. 38. When necessary for the appropriate scales to be obtained, the execution of federal local character programs may be delegated, in whole or in part, upon convenium, to public consortia.
Paragraph single. States and Municipalities will be able to perform, by means of public consortium, shares or programmes to which they are benefited through voluntary transfers from the Union.
Art. 39. From 1st January 2008 a the Union will only celebrate congeniums with public consortia constituted in the form of public association or that to this form have been converted.
§ 1st A celebration of the convenium for the transfer of Union resources is conditioned to which each of the consortia meet the applicable legal requirements, being vetted their celebration should there be any default on the part of any of the consortiated individuals.
§ 2nd A proof of meeting the fulfilment of the requirements for the realization of voluntary transfers or celebration of arrangements for transfer of financial resources, should be made by means of excerpt issued by the Single Cadastro subsystem of Requirements for Voluntary Transfers-CAUC, regarding the situation of each of the consortiated people, or by another means that comes to be established by normative instruction of the National Treasury Board Secretariat.
OF THE FINAL AND TRANSITIONAL PROVISIONS
Art. 40. For the financial and budgetary management of public consortia to conduct themselves in the compliance of the assumptions of fiscal responsibility, the National Treasury Board Secretariat of the Ministry of Finance:
I-will discipline the realization of voluntary transfers or the celebration of arrangements of a financial nature or similar between the Union and the remaining Federation Enters involving actions developed by public consortia;
II-will edit general consolidation standards of the accounts of public consortia, including:
a) criteria for their respective liability to be distributed to the consortiated ones;
b) rules of tax regularity to be observed by the public consortia.
Art. 41. Consortia constituted at odds with the Act in 11,107, 2005, may be transformed into public consortia of public law or private law, provided that the requirements for concluding protocol of intent and of its ratification by law of each individual of the consortiated Federation.
Single paragraph. Should the processing be for public consortium of public law, the effectiveness of the statutory amendment will not depend on its enrollment in the civil registry of legal persons.
Art. 42. This Decree comes into effect on the date of its publication.
Brasilia, January 17, 2007; 186th of the Independence and 119th of the Republic.
LUIZ INÁCIO LULA DA SILVA
Márcio Thomaz Bastos
José Agenor Álvares da Silva
Paulo Bernardo Silva
Marcio Fortes de Almeida
This text does not replace the one published in the DOU of 1/18/2007