THE PRESIDENT OF THE REPUBLIC, I hereby make known that the National Congress decrees and I sanction the following Law:

Art. 1º

The Federal Government is authorized to participate in a fund whose sole purpose is to finance specialized technical professional services, with a view to supporting the structuring and development of concession and public-private partnership projects of the Federal Government, the States, the Federal District and the Municipalities, on an isolated or consorted basis. (Wording given by Law 14,026, of 2020)

Sole paragraph. Up to 40% (forty per cent) of the resources referred to in the caput of this article shall be preferentially used in projects in the North, Northeast and Center-West regions. (Repealed by Law 14,026, of 2020)

Art. 2º

The fund referred to in Art. 1º of this Law shall be created, administered and judicially and extrajudicially represented by a financial institution directly or indirectly controlled by the Federal Government and shall operate under a unit-quota regime.

§ 1º The quotas may be acquired and paid in by public-law legal entities and by natural or private-law legal persons, whether state-owned or not.

§ 2º The fund shall have no legal personality of its own, shall be of private legal nature and shall have assets segregated from those of the quota-holders and of the administrating institution.

§ 3º The assets of the fund shall be formed by:

1. payment of quotas;
2. donations of any nature, including from States, the Federal District, Municipalities, other countries, international organizations and multilateral bodies; (Wording given by Law 14,026, of 2020)
3. reimbursement of amounts disbursed by the administering agent and bonuses arising from the contracting of services referred to in Art. 1º of this Law; (Wording given by Law 14,026, of 2020)
4. the proceeds of financial investments of its resources;
5. resources arising from the disposal of goods and rights, or from publications, technical material, data and information; and (Wording given by Law 14,026, of 2020)
6. other resources defined by law. (Added by Law 14,026, of 2020)

§ 4º The bylaws of the fund shall provide for:

1. the technical activities and services necessary for the structuring and development of concessions and public-private partnerships subject to contracting at the federal, state, district and municipal levels, on an isolated or consorted basis; (Wording given by Law 14,026, of 2020)
2. I-A · the technical assistance services to be financed by the fund; (Added by Law 14,026, of 2020)
3. I-B · support for the execution of works; (Added by Law 14,026, of 2020)
4. the form of remuneration of the institution administering the fund;
5. the maximum participation limits of the fund in financing the technical activities and services per project;
6. III-A · the rules for the fund's participation in the supported technical assistance modalities; (Added by Law 14,026, of 2020)
7. the public call to verify the interest of federative entities, on an isolated or consorted basis, in carrying out concessions and public-private partnerships, except in specific conditions to be defined by the Participation Council of the fund referred to in Art. 4º of this Law; (Wording given by Law 14,026, of 2020)
8. the procedure for the reimbursement referred to in item III of § 3º of this article;
9. the sanctions applicable in the event of non-compliance with the terms agreed with the beneficiaries; (Wording given by Law 14,026, of 2020)
10. the contracting of partner institutions of any nature to achieve its purposes; and (Wording given by Law 14,026, of 2020)
11. the contracting of specialized technical services. (Wording given by Law 14,026, of 2020)

§ 5º The administering agent may enter into contracts, agreements or arrangements that establish duties and obligations necessary for the achievement of its purposes, provided that the obligations assumed do not exceed the financial availability of the fund.

§ 6º The administering agent and the quota-holders of the fund shall not be liable for the fund's obligations, except for the payment of the quotas they subscribe.

§ 7º The fund shall not pay returns to its quota-holders, who shall be entitled to request the total or partial redemption of their quotas through liquidation based on the asset position of the fund, in which case redemption shall not exceed the financial resources available and not yet committed to integrated structurings already contracted, under the terms of the fund's bylaws.

§ 8º The contracting of studies, plans and projects shall observe the criteria established by the administering institution and shall be carried out in the form set forth in Law 13,303, of June 30, 2016, in accordance with the principles of legality, impersonality, morality, publicity and efficiency.

§ 9º The fund shall have no form of guarantee from the direct or indirect Public Administration and shall be liable for its obligations up to the limit of the assets and rights forming part of its patrimony.

§ 10. The public call referred to in item IV of § 4º of this article shall not apply to the structuring of concessions held by the Federal Government, with the selection of projects allowed directly by the Participation Council of the fund referred to in Art. 4º of this Law. (Wording given by Law 14,026, of 2020)

§ 11. The resources allocated to technical assistance related to public basic sanitation services shall be segregated from the others and may not be allocated to other purposes of the fund. (Wording given by Law 14,026, of 2020)

Art. 3º

The participation of the Federal Government shall take place through the payment of quotas in current legal tender, subject to budgetary and financial availability.

§ 1º The payment of quotas by the Federal Government is conditional on the prior submission of the fund's bylaws by the administering institution, observing § 4º of Art. 2º of this Law.

§ 2º The representation of the Federal Government at the quota-holders' meeting shall take place as set forth in item V of the caput of Art. 10 of Decree-Law 147, of February 3, 1967.

Art. 4º

The Participation Council of the fund to support the structuring and development of concession and public-private partnership projects of the Federal Government, the States, the Federal District and the Municipalities, on an isolated or consorted basis, is hereby created as a collegiate body whose composition, mode of operation and competence shall be established by federal Executive Branch act.

§ 1º The representation of the Municipalities, isolated or consorted, shall be carried out by nationally encompassing entities of municipal representation.

§ 2º When the Federal Government pays in quotas of the fund, the Participation Council shall be responsible for guiding federal participation in the quota-holders' meeting regarding the definition of:

1. the investment policy for the fund's resources; and
2. the priority sectors for the allocation of the fund's resources.

§ 3º Projects located in federative units qualified for the Fiscal Recovery Regime, pursuant to Art. 3º of Supplementary Law 159, of May 19, 2017, shall have priority in financial support from the fund to support the structuring and development of concession and public-private partnership projects. (Repealed by Law 14,026, of 2020)

Art. 5º

The administering agent may be hired directly, through waiver of bidding, by entities of the federal, state, district and municipal Public Administration, direct and indirect, to develop, with resources from the fund, the technical activities and services necessary to enable the bidding of concession and public-private partnership projects, including the revision, improvement or supplementation of work previously carried out.

Sole paragraph. The technical activities and services referred to in the caput of this article may be the subject of a single contract.

Art. 6º

Article 2 of Law 11,079, of December 30, 2004, shall be in force with the following amendments:

“Art. 2º .......................................................................
...........................................................................................
§ 4º ............................................................................
I · whose contract value is less than R$ 10,000,000.00 (ten million reais);
.................................................................................” (NR)

Art. 7º

Law 11,578, of November 26, 2007, shall be in force as supplemented by the following Arts. 2º-A and 2º-B:

“Art. 2º-A. The duties of proposing and itemizing the PAC actions to be carried out through mandatory transfer referred to in Art. 2º of this Law shall be exercised by the Minister of State responsible for the budgetary action when dealing with programs included or added in Law 13,414, of January 10, 2017, and subsequent amendments, with primary result identifier 3, provided that the following requirements are met:
I · the projects are intended for investment, related to Expense Nature Group 4 (GND 4), and whose foreseen amounts are sufficient for the completion of the project or of a useful stage with functionality that allows immediate use of the benefits by society; and
II · the total value of the selected projects is bound to the current appropriation, subject to budgetary and financial programming.”

“Art. 2º-B. Actions not itemized in the forms established in Arts. 2º or 2º-A of this Law shall be carried out directly or through voluntary transfer.”

Art. 8º

Article 33 of Law 12,712, of August 30, 2012, shall be in force with the following amendments:

“Art. 33. .....................................................................
...........................................................................................
§ 7º ............................................................................
...........................................................................................
IV · projects resulting from public-private partnerships, in the form established in Law 11,079, of December 30, 2004;
...........................................................................................
§ 8º Projects resulting from public-private partnerships referred to in item IV of § 7º of this article, organized by the States, the Municipalities or the Federal District, on an isolated or consorted basis, may benefit from the coverage of the fund, provided that:
............................................................................................
II · the States, the Federal District and the Municipalities, isolated or consorted, interested in contracting the guarantee provided by the fund, with respect to the pecuniary counter-payment or other obligations of the public partner to the private partner, offer the fund counter-collateral in an amount equal to or greater than the guarantee to be granted.
..................................................................................” (NR)

Art. 9º

An act of the federal Executive Branch shall regulate the provisions of this Law.

Art. 10

This Law enters into force on the date of its publication.

Brasília, December 4, 2017; 196th of Independence and 129th of the Republic.

MICHEL TEMER
Esteves Pedro Colnago Júnior

This text does not replace the one published in the Official Federal Gazette of December 5, 2017.