Rule that Authorizes the Participation of Foreign Companies in Brazilian Electronic Tenders

Rule that Authorizes the Participation of Foreign Companies in Brazilian Electronic Tenders

NORMATIVE INSTRUCTION No. 10, OF FEBRUARY 10, 2020

Amends Normative Instruction No. 3, of April 26, 2018, which establishes operating rules for the Unified Registration System for Suppliers – Sicaf, within the scope of the Federal Executive Branch.

THE SPECIAL SECRETARIAT OF MANAGEMENT OF THE SPECIAL DESBUROCRATIZATION, MANAGEMENT AND DIGITAL GOVERNMENT OF THE MINISTRY OF ECONOMY, in the use of the powers conferred by Decree No. 9,475, of April 8, 2019, and Decree No. 1,094, of March 23, 1994 , and in view of the provisions of Law 8,666, of June 21, 1993, Law 10,520, of July 17, 2002, Decree No. 3,722, of January 9, 2001, in Decree No. 9,094, of 17 July 2017, and Decree No. 10,024, 2018, resolves:

Article 1. Normative Instruction No. 3, of April 26, 2018, becomes effective with the following changes:

“Art. 9 Accreditation is the basic level of registration at Sicaf that allows the participation of interested parties in the auction modality, in its electronic form, as well as in the Electronic Dispensation and in the Electronic Differential Contracting Regime – RDC.

………………………………………….. ……………………………………… “(NR)

“Art. 20-A. Foreign companies that do not operate in the country, in order to participate in the bidding, waiver, unenforceability procedures and administrative contracts, may register with Sicaf, using the specific identification code provided by the system, subject to the following conditions:

I – the documents required for the registration levels referred to in art. 6 ° may be attended to through equivalent documents, initially presented with free translation; and

II – for the purpose of signing the contract or price registration drafts:

a) the documents referred to in item I must be translated by a sworn translator in the country and hand out in accordance with the provisions of Decree No. 8,660, of January 29, 2016, or any other that may replace it, or legalized by the respective consulates or embassies; and

b) they must have a legal representative in Brazil with express powers to receive summons and respond administratively or judicially.

(…)

Art. 2 Art. 20 of Normative Instruction No. 3, of April 26, 2018 is revoked.

Art. 3 This Normative Instruction comes into force:

I – on May 11, 2020, regarding arts. 2nd and 20-A; and

II – on the date of its publication, for other provisions.

CRISTIANO ROCHA HECKERT