DECREE NO. 8,224, OF April 3, 2014

Establishes margin application of preference in tenders carried out within the framework of the federal public administration for the purchase of machinery and equipment, for the purposes of the provisions of the 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, § 7º, § 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 machinery and equipment, as percentage described in Annex I, in tenders carried out in the framework of the federal public administration, for the purposes of provisions of the 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 acquisition of the products described in Annex I, published after the date of entry into force of this Decree, will contemplate the application of the preference margins of which it treats the caput.

Art. 2º The normal preference margin will be applied only for the domestic manufactured goods, as per the rules of origin established in act of the Minister of State for Development, Industry and Foreign Trade.

§ 1º The bidder is expected to submit, together with the proposal, form of declaration of compliance with the rules of origin, as per model published in act of the Minister of State for Development, Industry and Foreign Trade.

§ 2º In the electronic preview modality:

I-the bidder will declare, during the phase of enrollment of the proposals, whether the product meets the rules of origin; and

II-the form referred to in § 1º is to be presented with the documents required for habilitation.

§ 3º The product that does not meet the rules of origin or whose bidder does not present tempestively the form referred to in § 1º will be considered as a foreign manufactured product for the purposes of this Decree.

Art. 3º The margin of additional preference that it treats art. 1º will be applied only for the domestic manufactured products, pursuant to art. 2º, and which have been developed in the Country, as per set requirements and criteria set out in joint act of the State Ministers of Development, Industry and Foreign Trade and Science, Technology and Innovation.

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 nationwide manufactured product will be considered higher than PE whenever its value is higher the 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 either inability-made, or cease to fulfill the obligation laid down in the inciso II of § 2º of the art. 2º, 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, owing to the calculation of the overall value of the lot 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 microenterprises and small-sized companies, provided for in the arts. 44 and 45 of the Supplementary Act No. 123 of December 14, 2006.

§ 6º The application of margins of preference will be conditional on compliance, at the time 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 comes into effect on the date of its publication.

Brasilia, April 3, 2014; 193º of Independence and 126º of the Republic.

DILMA ROUSSEFF

Guido Mantega