{"id":1813,"date":"2012-02-10T15:55:50","date_gmt":"2012-02-10T17:55:50","guid":{"rendered":"https:\/\/chenut.online\/?p=1813"},"modified":"2012-02-10T15:55:50","modified_gmt":"2012-02-10T17:55:50","slug":"english-the-preference-for-national-products-and-services-in-public-biddings","status":"publish","type":"post","link":"https:\/\/chenut.online\/english-the-preference-for-national-products-and-services-in-public-biddings\/","title":{"rendered":"(English) The preference for national products and services in public biddings"},"content":{"rendered":"
[:en]The preference for national products and services in public biddings<\/strong><\/p>\n Fernanda Assis Souza and Maria Let\u00edcia R. G. Ara\u00fajo Resende \u2013 Attorneys of the Public Law Department<\/strong><\/p>\n On 16 December 2010, Federal Law n\u00b0 12.349\/2010 has expressly included in the wording of article 3 of Law n\u00ba 8.666\/93,the \u201cpromotion of the sustainable national development\u201d among the principles of public biddings.<\/p>\n Among the innovations introduced by said Law, the most relevant one concerns the possibility of imposing, in public biddings,a margin of preference to Brazilianmanufactured products and services.<\/p>\n Therefore, the authoritiesare entitled to choosenational products and services, even if they have a price of up to25% (twenty five per cent) superior to those of foreign products and services.<\/p>\n In order to apply the mentioned marginof preference, several specific requirements must be observed, such as: stimulation of employments and generation of revenue; impacton the tax collection; development and technological innovation in Brazil; additional cost of products and services and; in their adjustments, retrospective analysis of the results.<\/strong><\/p>\n Suchmargin of preference to national manufactured products and services \u2013to be applied at the bidder entity\u2019s own discretion -may be extended to products and services originated from the Member Nations of the South Common Market\u2013 Mercosul.<\/p>\n Another important change introduced by the mentioned Law concerns the order of the tiebreaker criteria in public biddings. In this sense, in case of a tie between bidder companies which are in an equal foot, the criteria used will be the following, by order of preference: products or services produced in Brazil; products or services produced or supplied by Brazilian company;products or services produced or supplied by companies that invest in research and in Brazilian technological development.<\/p>\n The legal provisions brought by Law n\u00b0 12.349\/2010 were regulated by the Federal Decree\u00a0n\u00b0 7.546\/2011, published on 3 August 2011, which is much more conceptual than regulatory. Details regarding the margin of preference and other issues will be detailed in a future Decree, according to the conclusion than can be drawn from the wording of art. 5\u00ba of the Decree<\/strong>[1]<\/a>.<\/strong><\/p>\n Therefore, based on the above, we note that Federal Law n. 12,349\/2010 introduced significant rules with the purpose not only to benefit those that supply Brazilian manufactured products and services, but also<\/strong>\u00a0to stimulate and strength the technological and productive development in Brazil.<\/strong><\/p>\n