04/30/ at p.m.; Recorded on April 30, , p.m.. 9 views. Materiais. Description. Estudo do decreto / Category Education. Show more. , de 12 abril , D.O.R.J., de [hereinafter Decreto No. ]. It S.A. (Petrobras), the company created in to carry out the activities of the monopoly.7 .. , de 24 de agosto de , D.O.U., de That is really no improvement from the prior standard, where Petrobras had the right by regulation (i.e., Decreto 2, of , see ) to.

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Preference of bidders due to their nationality, head office or domicile location, as well as any other irrelevant circumstances with regard to the assets or services to be acquired, are expressly forbidden.

More from this Firm. Article 3 of the PPL requires the Public Administration to perform a public procurement proceeding before entering into agreements, to ensure compliance with the principle of equality and to sort the most advantageous tender.

Your LinkedIn Connections at Firm. According to article of the Petrogras, its rules are applied whenever they are applicable to conventions, agreements, arrangements and memoranda of understandings entered into by governmental entities with third parties, among the three branches Executive, Legislative and Judiciary or among organs and governmental entities within the same sphere of the Public Administration.

Private companies are only required to follow the PPL when supplying goods or rendering services to public entities. However, there is an exception in cases of challenging the bid document, which, according to article 41 of the PPL, must be judged within 3 three days counted from the date the appeal was filed.

The Bidding Committee cannot decide on the winning bidder or on debriefing bidders at its sole discretion or based on criteria different from those established in the request for tenders.

Currently, the Bill of Law is being analysed by the House of Representatives. For the procedures carried out in accordance with the RDC rules, the judgment of tenders can also be processed by the criteria of the highest discount or highest economic return for the government contracting entity.

The order of the phases for qualification and analysis of proposals are inverted in Live Auction proceedings, as well as in the bidding processes carried out in accordance with the RDC rules. However, interested parties have a term of only 3 three business days before the date scheduled for the opening of proposals.

Article 41 of the PPL grants to bidders and third parties the right to challenge the bid document, whenever the Public Administration commits irregularities when applying the rules of the PPL to the bid document.


The PPL and other laws mentioned in question 1.

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Public procurement proceedings deccreto out through Live Actions do not have this phase. There is no express provision in the PPL. Indirect Public Administration comprises autonomous governmental agencies, regulatory agencies, public foundations, public consortia, public companies and mixed-capital companies.

The PPL also establishes time limits for the term of government agreements. The preference margin mentioned in question 1. Events from this Firm.

Furthermore, States, the Federal District and Municipalities may also enact their own laws and rules on public procurement proceedings, as long as they do not conflict with or decfeto the content of the PPL.

Food, Drugs, Decretl, Life Sciences. The governmental contracting agencies have been sending the bid documents for the prior analysis of the Courts of Audits. Rules set forth by the PPL are also applied to Judiciary and Legislative bodies in relation to agreements for the purchase of goods and services, which are considered agreements of a government nature. Direct Public Administration comprises State Secretariats, Ministries and other governmental bodies without petrobra personality subordinated to the Executive Branch Chief.

The more complex the procured scope and the higher the amounts involved, the longer the periods granted to bidders for the preparation of tenders.

Its purpose is the rendering of services, but with more flexible characteristics than those included in the PPL. With regards to the challenge of bid documents, previously detailed in question 5. Article 33 of the PPL allows the Public Administration to accept the participation of interested parties organised as a consortium in the public procurement proceeding.

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A principle to be observed is that of the widest participation of interested parties in the proceeding. Once the administrative petrobars is executed, the Public Administration can terminate it at its sole decision or create unilateral changes to the agreement. In fact, PPPs in Brazil follow the ordinary types of concession agreements and service agreements with some different aspects, especially the possibility of dscreto governmental subsidies to a private party.

The inclusion in the bid document of clauses or rules that restrain the participation of interested parties is only accepted when such restriction is pertinent and suitable to the object of the public procurement proceeding.

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Currently, there are various scattered provisions under Brazilian law which authorise the use of arbitration petrobgas disputes involving the State: Administrative sanctions can be imposed in addition to any relevant criminal responsibility, since the PPL also establishes certain crimes that are applicable in relation to public procurement proceedings and during the execution of administrative agreements.


Administrative appeals detailed in question 5. The aforementioned types of public procurement proceedings and the circumstances in which they must be adopted by the Public Administration are expressly provided by law.

The only exception to this rule is the reconsideration request, which shall be filed with the State Ministry or State and Municipality Secretaries, as the case may be. Exceptions to this rule include letrobras for the rendering of services with ongoing execution, construction works, projects included in the Multi-year Government Plan, among others cases.

However, upon the tender submission, there are no legal timescales established for the conclusion of the bidding process. The private party may also seek the early termination of the agreement by mutual consent, or through a judicial petroras. The administrative improbity act is defined as illegal behaviour of public agents that results in unjust enrichment or undue advantage, to themselves or to a third party, which causes damage to a public asset or violates the principles of the Public Administration.

Please specify the main stages of each procedure and whether there is a free choice amongst them. If not, what are the underlying principles governing these issues?

Nevertheless, article of the Brazilian Federal Constitution allows public companies and mixed-capital companies that develop economic activities to have their public procurement proceedings regulated by a specific law. As mentioned in question 1. Cases in which bidding processes are not required are provided by article 25 of the PPPL, and refer to the unique characteristics of the object or the proceeding, as well as the exclusive nature of a supplier or the notorious expertise of a service provider making the competition among bidders unfeasible.

Besides the proceedings detailed in question 3. Recently, the PPP law has been amended by President Dilma Roussseff through Provisional Measuredated as of August 7, “MP “which changed the rules applicable to the pecuniary compensation paid by the Federal Government in connection with the PPP contracts, defined under MP as “capital contribution”. The administrative concession also has government subsidies granted by the Public Administration to the private party. Interested in the next Webinar on this Topic?

Invitation to Bid Convite: Technical proposals are usually required for more complex procurements and not applicable for the procurement of goods and services of low complexity.

The judgment of tenders must be objective, based on the judgment criteria established in the request for tenders and the law.