Presidency of the Republic General secretary Deputy Director for Legal Affairs

DECREE No. 8,726, OF APRIL 27, 2016

THE PRESIDENT OF THE REPUBLIC , in the use of the powers conferred on it by art. 84, caput , items IV and VI, paragraph “a”, of the Constitution, and in view of the provisions of Law No. 13,019, of July 31, 2014,

DECREES:

CHAPTER I

GENERAL PROVISIONS

Section I

Preliminary provisions

Art. 1 This Decree provides for rules and procedures of the legal regime for partnerships celebrated between the federal public administration and organizations of the Civil society what is it about Law No. 13,019, of July 31, 2014 .

Art. 2 Partnerships between the federal public administration and organizations of the Civil society will have to Object carrying out an activity or Project and must be formalized through:

I – Development Term or Collaboration Term, when it involves the transfer of financial resources; or

II – cooperation agreement, when it does not involve the transfer of financial resources.

§ 1 Development Term will be adopted to achieve work plans designed by the organizations of the Civil society, with the aim of encouraging projects developed or created by these organizations.

§ 2º Collaboration Term will be adopted to achieve work plans designed by the federal public administration, with the objective of executing projects or activities parameterized by the federal public administration.

Art. 3 The processing of partnerships that involve the transfer of financial resources will be carried out through the electronic platform of the Agreement and Transfer Contract Management System – Siconv or another single electronic platform that will replace it.

§ 1 Exceptionally, an electronic platform owned by a federal public administration body or entity already in use at the time of publication of this Decree may be used to process the Partnership, as provided for in an act of the Minister of State for Planning, Budget and Management, which will provide for its integration with the single platform referred to in the caput .

§ 2 Partnerships celebrated by Public Companies and Mixed Economy Companies public service providers may be processed on their own electronic platform.

§ 3 The processing of partnerships carried out within the scope of protection programs for threatened people is exempt from the application of the provisions of this article.

Art. 4 The federal public administration will adopt procedures to guide and facilitate the creation of partnerships and will establish, whenever possible, criteria to define objects, goals, costs and indicators for evaluating results.

§ 1 The Government Secretariat of the Presidency of the Republic will publish manuals that cover the procedures to be observed in all phases of the Partnership, to guide public managers and organizations in the Civil society, in accordance with the § 1 of art. 63 of Law No. 13,019, of 2014 .

§ 2 The updating of the manuals referred to in § 1 will be the responsibility of the Ministry of Planning, Budget and Management and will be previously submitted to public consultation and published on the electronic platform, with a link made available by other federal public bodies or entities that carry out partnerships.

§ 3 Federal public administration bodies and entities may issue complementary guidelines, in accordance with the specificities of the programs and sectoral public policies.

§ 4 Communication actions related to the operation of the electronic platform will be coordinated by the Ministry of Planning, Budget and Management.

Section II

From the cooperation agreement

Art. 5 th The cooperation agreement is an instrument through which partnerships between the federal public administration and organizations of the Civil society to achieve purposes of public and reciprocal interest that do not involve the transfer of financial resources.

§ 1 The cooperation agreement may be proposed by the federal public administration or by the organization of Civil society.

§ two th The cooperation agreement will be signed by the Minister of State or the Manager maximum of the federal public administration entity, delegation permitted.

§ 3 th The cooperation agreement may be extended in accordance with the public interest, a hypothesis that does not require prior legal analysis.

Art. 6 th The rules and procedures set out in Chapter I, Section I – Preliminary provisions, and, where applicable, the provisions of the following Chapters are applicable to the cooperation agreement:

I – Chapter II – Public call;

II – Chapter III – Celebration of the instrument of Partnership, except for the provisions of:

a) art. 24;

b) art. 25, caput , items V to VII, and § 1 th ; It is

c) art. 32;

III – Chapter VIII – Sanctions;

IV – Chapter IX – The procedure for expressing social interest;

V – Chapter Transparency and dissemination of actions;

VI – Chapter XI – National Council for Development and Collaboration; It is

VII – Chapter XII – Final provisions.

§ 1 th The rules and procedures set out in the other Chapters are only applicable to cooperation agreements that involve lending, Donation of assets or other forms of equity sharing and may be removed when the requirement is disproportionate to the complexity of the Partnership or the public interest involved, upon prior justification.

§ two th The federal public body or entity, to conclude a cooperation agreement that does not involve lending, Donation of assets or other forms of equity sharing, may, upon prior justification and considering the complexity of the Partnership and the public interest:

I – remove the requirements set out in Chapters II and III, especially those set out in art. 8 th , art. 23 and art. 26 art. 29; It is

II – establish a procedure for Accountability provided for in the art. 63, § 3, of Law No. 13,019, of 2014 , or his dismissal.

Section III

From training

Art. 7 th The training programs covered by the art. 7th of Law No. 13,019, of 2014 , will prioritize the joint training of agents referred to in items I to VI of the caput of the aforementioned art. 7 th and may be developed by federal public bodies and entities, educational institutions, government schools and organizations in the Civil society.

§ 1 The topics relating to the application of Law No. 13,019, of 2014 , may be incorporated into the training plans of federal public bodies and entities drawn up in accordance with the provisions of Decree No. 5,707, of February 23, 2006 .

§ 2 Training actions related to the operation of the electronic platform will be coordinated by the Ministry of Planning, Budget and Management.

§ 3 Training programs must guarantee accessibility to people with disabilities, regardless of the modality, duration and material used.

CHAPTER II

PUBLIC CALL

Section I

General provisions

Art. 8 The selection of the organization of the Civil society to celebrate Partnership must be carried out by the federal public administration through a public call, in accordance with the terms of the art. 24 of Law No. 13,019, of 2014 .

§ 1 The public call may select more than one proposal, if there is provision in the Notice.

§ 2 The public call for the celebration of partnerships executed with resources from specific funds, such as those for children and adolescents, the elderly and the defense of diffuse rights, among others, may be carried out by the respective management councils, in accordance with specific legislation, respecting the requirements of the Law No. 13,019, of 2014 , and this Decree.

§ 3. Terms of promotion or collaboration that involve resources resulting from parliamentary amendments to annual budget laws will be celebrated without a public call, in accordance with art. 29 of Law No. 13,019, of 2014.

§ 4 The procedures and deadlines for checking technical impediments in the parliamentary amendments referred to in § 3 will be defined in an act of the Minister of State for Planning, Budget and Management.

§ 5 The public call may be waived or will be considered unenforceable in the cases provided for in the art. 30 It is art. 31 of Law No. 13,019, of 2014 , upon a reasoned decision by the federal public administrator, in accordance with art. 32 of the aforementioned Law.

Art. 9 Notice public notice will specify, at a minimum:

I – budget programming;

II – the Object from the Partnership indicating the policy, plan, Program or the corresponding action;

III – the date, deadline, conditions, place and form of presentation of proposals;

IV – the conditions for lodging an administrative appeal within the scope of the selection process;

V – the reference value for carrying out the Object, at the Collaboration Term, or the ceiling, in Development Term;

VI – the forecast of Counterpart in goods and services, if applicable, in compliance with the provisions of art. 12;

VII – the draft of the instrument of Partnership;

VIII – accessibility measures for people with disabilities or reduced mobility and the elderly, according to the characteristics of the Object from the Partnership; It is

IX – the dates and criteria for selection and judgment of proposals, including with regard to the scoring methodology and the weight attributed to each of the established criteria, if applicable.

§ 1º N the cases of partnerships with validity multi-year or signed in Financial Year following selection, the federal public body or entity will indicate the forecast of the credits necessary to guarantee the execution of partnerships in the budgets of the following years.

§ two th The judgment criteria referred to in item IX of the caput must cover, at a minimum, the degree of adequacy of the proposal:

I – the objectives of the policy, plan, Program or the action in which the Partnership; It is

II – to the reference value or ceiling contained in the Notice.

§ 3 Judgment criteria cannot be restricted to the value presented for the proposal, subject to the provisions of § 5 of art. 27 of Law No. 13,019, of 2014 .

§ 4 To enter into partnerships, judgment criteria such as innovation and creativity may be privileged, as provided in the Notice.

§ 5 Notice will not require, as a condition for the conclusion of the Partnership, that organizations in the Civil society have certification or title granted by the State, except when the requirement arises from a provision in the specific legislation of the sectoral policy.

§ 6º Notice may include specific clauses and conditions for the implementation of the policy, plan, Program or the action in which the Partnership and may establish execution by a specific audience, territorial delimitation, differentiated scoring, quotas, among others, aiming, in particular, at the following objectives:

I – reduction in social and regional inequalities;

II – promotion of gender, racial equality, the rights of Lesbians, Gays, Bisexuals, Transvestites and Transsexuals – LGBT or the rights of people with disabilities;

III – promotion of the rights of indigenous people, quilombolas and traditional peoples and communities; or

IV – promotion of the rights of any populations in situations of social vulnerability.

§ 7th Notice public call must contain data and information about the policy, plan, Program or the action in which the Partnership to guide the preparation of the goals and indicators of the proposal by the organization of the Civil society.

§ 8 th The federal public administration body or entity must ensure that the reference value or ceiling indicated in the Notice be compatible with the Object from the Partnership, which can be carried out by any means that proves the estimate of the specified value.

§ 9º A Partnership may be carried out through the network action referred to in Chapter V, as long as there is an express provision in the Notice.

Art. 10. The public call will be widely publicized on the official website of the federal public body or entity and on the electronic platform.

Single paragraph. The federal public administration will make available, whenever possible, additional means of disseminating public call notices, especially in cases of partnerships involving indigenous people, quilombolas, traditional peoples and communities and other social groups subject to restrictions on access to information through traditional means of communication.

Art. 11. The deadline for submitting proposals will be at least thirty days, counting from the date of publication of the Notice.

Art. 12. A justified requirement for Counterpart in goods and services, whose monetary expression will be identified in the Development Term or collaboration, and the deposit of the corresponding amount cannot be required.

Single paragraph. Will not be required Counterpart when the overall value of the Partnership is equal to or less than R$ 600,000.00 (six hundred thousand reais).

Section II

From the Commission of selection

Art. 13. The federal public body or entity will designate, in a specific act, the members who will compose the Commission of selection, to be composed of at least one civil servant occupying a permanent position or permanent employment on the federal public administration staff.

§ 1 To support its work, the Commission of selection You may request technical advice from a specialist who is not a member of this panel.

§ 2 The federal public body or entity may establish one or more selection committees, observing the principle of efficiency.

§ 3º The selection of Partnership carried out with resources from Bottom specific may be carried out by Commission of selection to be constituted by the respective council Manager, in accordance with specific legislation, respecting the requirements of Law No. 13,019, of 2014 , and this Decree.

Art. 14. The member of the Commission of selection You must declare yourself unable to participate in the selection process when you verify that:

I – has participated, in the last five years, as an associate, cooperated, Manager, advisor or employee of any organization within the Civil society participant of the public call; or

II – your performance in the selection process constitutes a conflict of interest, under the terms of Law No. 12,813, of May 16, 2013 .

§ 1 The declaration of impediment of a member of the Commission of selection does not prevent the continuity of the selection process and the celebration of Partnership between the organization of Civil society and the federal public body or entity.

§ 2 In the event of § 1, the prevented member must be immediately replaced, in order to enable the selection process to be carried out or continued.

Section III

The selection process

Art. 15. The selection process will cover the evaluation of proposals, dissemination and approval of the results.

Art. 16. The evaluation of proposals will be eliminatory and classificatory in nature.

§ 1 Proposals will be classified according to the judging criteria established in Notice.

§ 2º The organization of the Civil society whose proposal does not comply with the terms of the Notice or that does not contain the following information:

I – the description of reality Object from the Partnership and the connection with the activity or Project proposed;

II – the actions to be carried out, the goals to be achieved and the indicators that will measure the achievement of the goals;

III – deadlines for carrying out actions and achieving goals; It is

IV – the overall value.

Section IV

Disclosure and approval of results

Art. 17. The federal public body or entity will publish the preliminary result of the selection process on its official website and on the electronic platform.

Art. 18. Organizations of the Civil society may present an appeal against the preliminary result, within five days, counting from the publication of the decision, to the panel that issued it.

§ 1 Appeals that are not reconsidered by the collegiate within five days from receipt must be forwarded to the competent authority for a final decision.

§ 2 The appeals will be presented through the electronic platform.

§ 3 In the case of selection carried out by council Manager in Bottom, the authority to make a final decision on the appeal may be subject to the council's own regulations.

§ 4 There will be no further appeal against the decision of the appeal provided for in this article.

Art. 19. After the judgment of the appeals or the expiry of the deadline for filing an appeal, the federal public body or entity must approve and publish, on its official website and on the electronic platform, the appeal decisions rendered and the definitive result of the selection process.

CHAPTER III

THE CELEBRATION OF THE INSTRUMENT OF Partnership

Section I

From the instrument of Partnership

Art. 20. Development Term or collaboration or the cooperation agreement must contain the essential clauses set out in the art. 42 of Law No. 13,019, of 2014 .

Art. 21. The validity clause referred to in the item VI of the caput of art. 42 of Law No. 13,019, of 2014 , must establish a deadline corresponding to the time necessary for the full execution of the Object from the Partnership, subject to extension, as long as the total period of validity does not exceed five years.

Single paragraph. In cases of celebration of Collaboration Term for carrying out the activity, the period referred to in the caput , provided that it is technically justified, may be up to ten years.

Art. 22. When the execution of the Partnership result in the production of good subject to the legal regime relating to intellectual property, the term or agreement will provide, in a specific clause, about its ownership and right of use, observing the public interest and the provisions of the Law No. 9,610, of February 19, 1998 , and on Law No. 9,279, of May 14, 1996 .

Single paragraph. The clause referred to in this article must provide for the time and duration of the license, the modalities of use and an indication of the scope of the license, whether only for the national territory or also for other territories.

Art. 23. The clause defining ownership of Remaining Assets acquired, produced or transformed with resources transferred by the federal public administration after the end of the Partnership, provided for in the item X of the caput of art. 42 of Law No. 13,019, of 2014 , may determine the ownership of Remaining Assets:

I – for the federal public body or entity, when necessary to ensure the continuity of the Object agreed, either through the celebration of a new Partnership, either through direct execution of the Object by the federal public administration; or

II – for the organization of Civil society, when the assets are useful for the continued execution of actions of social interest by the organization.

§ 1º In the hypothesis of item I of the caput , the organization of Civil society must, from the date of presentation of the Accountability Finally, make the assets available to the federal public administration, which must remove them within a period of up to ninety days, after which the organization of the Civil society will no longer be responsible for the goods.

§ 2º The clause determining the ownership of Remaining Assets to the federal public body or entity formalizes the promise to transfer the property covered by the art. 35, § 5, of Law No. 13,019, of 2014 .

§ 3º In the hypothesis of item II of the caput , the clause defining ownership of Remaining Assets may provide that the organization of the Civil society can perform Donation to third parties, including beneficiaries of public policy Object from the Partnership, as long as its usefulness for carrying out or continuing actions of social interest is demonstrated.

§ 4º In the hypothesis of item II of the caput , if Accountability final is rejected, the ownership of the Remaining Assets will remain with the organization of Civil society, observing the following procedures:

I – reimbursement of the value relating to the acquired asset will not be required when the reason for rejection is not related to its use or acquisition; or

II – the value at which the remaining asset was acquired must be included in the calculation of the damage to the treasury to be compensated, when the reason for rejection is related to its use or acquisition.

§ 5 th In the event of dissolution of the organization of Civil society during the term of the Partnership:

I – the Remaining Assets must be withdrawn by the federal public administration, within a period of up to ninety days, counting from the date of notification of the dissolution, when the clause referred to in the caput determine the ownership provided for in item I of the caput ; or

II – the value at which the Remaining Assets was acquired must be computed in the calculation of the value to be reimbursed, when the clause referred to in the caput determine the ownership provided for in item II of the caput .

Section II

From the celebration

Art. 24. The celebration of the Development Term or the Collaboration Term depends on express prior indication Budget Allocation for carrying out the Partnership.

Single paragraph. The indication of budgetary credits and commitments necessary to cover each portion of the expense to be transferred in a future year must be made through a certificate of apostille of the instrument of Partnership in the year in which the expense is recorded, in accordance with the provisions of item II of § 1 th of art. 43.

Art. 25. For the celebration of Partnership, the federal public administration will call for the organization of the Civil society selected to, within fifteen days, present its Work plan, which must contain, at a minimum, the following elements:

I – the description of reality Object from the Partnership, and the link with the activity or the Project and with the goals to be achieved;

II – the form of execution of the actions, indicating, when applicable, those that will require network action;

III – the description of quantitative and measurable goals to be achieved;

IV – the definition of indicators, documents and other means to be used to measure compliance with the goals;

V – the forecast of revenue and the estimate of expenses to be incurred in the execution of the actions, including social and labor charges and the breakdown of indirect costs necessary to carry out the project Object;

VI – the amounts to be transferred through Disbursement Schedule; It is

VII – the actions that will require Payment in kind, when applicable, in accordance with art. 38.

§ 1º The forecast of income and expenses referred to in item V of the caput It must include elements indicative of measuring the compatibility of the costs presented with prices charged in the market or with other partnerships of the same nature, such as quotations, price lists from professional associations, specialized publications or any other sources of information available to the public.

§ 2 Only the Work plan that is in accordance with the information already presented in the proposal, observing the terms and conditions contained in the Notice.

§ 3 For the purposes of the provisions of § 2, the federal public administration may request adjustments to be made to the Work plan, observing the terms and conditions of the proposal and the Notice.

§ 4 The deadline for making adjustments to the Work plan will be fifteen days, counting from the date of receipt of the request presented to the organization of the Civil society in accordance with § 3.

§ 5 The approval of the Work plan will not generate the right to celebrate the Partnership.

Art. 26. In addition to the presentation of the Work plan, the organization of Civil society selected, within the period referred to in the caput of art. 25, must prove compliance with the requirements set out in item I of the caput of art. 2nd , us items I to V of the caput of art. 33 it is us items II to VII of the caput of art. 34 of Law No. 13,019, of 2014 , and the non-occurrence of hypotheses that fall within the prohibitions referred to in the art. 39 of the aforementioned Law , which will be verified by presenting the following documents:

I – copy of the registered statute and its amendments, in accordance with the requirements set out in art. 33 of Law No. 13,019, of 2014 ;

II – proof of registration in the National Register of Legal Entities – CNPJ, issued on the official website of the Brazilian Federal Revenue Secretariat, to demonstrate that the organization of the Civil society has existed for at least three years with active registration;

III – proof of previous experience in carrying out the Object from the Partnership or of Object of a similar nature with at least one year of technical and operational capacity, and the following may be admitted, without prejudice to others:

a) instruments of Partnership signed with public administration bodies and entities, international organizations, companies or other organizations in the Civil society;

b) activity reports with proof of the actions carried out;

c) publications, research and other forms of knowledge production carried out by the organization of Civil society or about her;

d) professional CVs of members of the organization Civil society, whether managers, advisors, associates, cooperative members, employees, among others;

e) declarations of previous experience and technical capacity in the development of activities or projects related to the Object from the Partnership or of a similar nature, issued by public bodies, educational institutions, networks, organizations of the Civil society, Social movements, public or private companies, councils, commissions or public policy committees; or

f) relevant awards received in the country or abroad by the organization of the Civil society;

IV – Debt Certificate Relating to Federal Tax Credits and the Union’s Active Debt;

V – Certificate of Regularity of Bottom in Guarantee of Service Time – CRF/FGTS;

VI – Clearance Certificate of Labor Debts – CNDT;

VII – updated nominal list of directors of the organization of the Civil society, according to the statute, with address, telephone number, email address, number and issuing body of the identity card and registration number in the Individual Taxpayer Registry – CPF of each of them;

VIII – copy of document proving that the organization of the Civil society works at the address declared by it, such as a consumption bill or rental contract;

IX – declaration by the legal representative of the organization Civil society with information that the organization and its directors do not incur any of the prohibitions set out in the art. 39 of Law No. 13,019, of 2014 , which must be described in the document; It is

X – declaration by the legal representative of the organization Civil society about the existence of facilities and other material conditions of the organization or about the plan to contract or acquire with resources from the organization Partnership.

§ 1 The technical and operational capacity of the organization of Civil society does not depend on the capacity already installed, allowing the hiring of professionals, the acquisition of goods and equipment or the performance of services to adapt physical space to comply with the Object from the Partnership.

§ 2º They will be considered regular, for the purposes of complying with the provisions of items IV to VI of the caput , positive certificates with the effect of negative ones.

§ 3 At the discretion of the organization of the Civil society, the documents provided for in items IV and V of the caput may be replaced by the extract issued by the Auxiliary Information Service for Voluntary Transfers – Cauc, when made available by the Secretariat of National treasure of the Ministry of Finance.

§ 4 Organizations of the Civil society will be exempt from resubmitting the certificates referred to in items IV to VI of the caput that are due at the time of analysis, as long as they are available electronically.

§ 5 The organization of Civil society must communicate changes to its corporate acts and its board of directors, if any.

Art. 27. In addition to the documents listed in art. 26, the organization of Civil society, through its legal representative, must present, within the period referred to in the caput of art. 25, declaration that:

I – there is no, in its board of directors:

a) member of Power or the Public Ministry or Manager of a federal public administration body or entity; It is

b) spouse, partner or direct, collateral or affinity relative, up to the second degree, of the people mentioned in paragraph “a” of this section;

II – will not hire, to provide services, a public servant or employee, including one who holds a position in Commission or function of trust, of a body or entity of the celebrating federal public administration, or their spouse, partner or relative in a direct, collateral or affinity line, up to the second degree, except in the cases provided for in specific law and in the law of budgetary guidelines; It is

III – they will not be remunerated, in any capacity, with the resources transferred:

a) member of Power or the Public Ministry or Manager of a federal public administration body or entity;

b) public servant or employee, including one who holds a position in Commission or function of trust, of a body or entity of the celebrating federal public administration, or their spouse, partner or relative in a direct, collateral or affinity line, up to the second degree, except in the cases provided for in specific law and in the law of budgetary guidelines; It is

c) natural persons convicted of crimes against public administration or public property, electoral crimes for which the law imposes a penalty of deprivation of liberty, and crimes of laundering or concealing assets, rights and values.

§ 1 For the purposes of this Decree, a member of Power is understood to be the holder of a structural position in the country's political organization who carries out typical government activity, on a remunerated basis, such as President of the Republic, Governors, Mayors, and their respective vices, Ministers of State, State and Municipal Secretaries, Senators, Federal Deputies, State Deputies, Councilors, members of the Judiciary and members of the Public Ministry.

§ 2 For the purposes of this Decree, members of rights and public policy councils are not considered members of Power.

Art. 28. If there is a formal irregularity in the documents presented under the terms of art. 26 and art. 27 or when the certificates referred to in items IV to VI of caput of art. 26 are expired and new certificates are not available electronically, the organization of the Civil society will be notified to, within fifteen days, regularize the documentation, under penalty of not signing the Partnership.

Art. 29. When verifying compliance with the requirements for entering into partnerships, the federal public administration must consult the Registry of Impedidad Non-Profit Private Entities – Cepim, Siconv, the Integrated Financial Administration System of the Federal Government – Siafi , Unified Supplier Registration System – Sicaf and the Informative Register of Unpaid Credits of the Public sector Federal – Cadin to check if there is information about an event preventing the said celebration.

§ 1 For the purposes of determining the amount contained in the item IV of the caput of art. 39 of Law No. 13,019, of 2014 , O Manager from the Partnership will verify the existence of rejected accounts at federal, state, district or municipal levels that appear on the electronic platform referred to in art. 3rd, whose information will prevail over that contained in the document referred to in item IX of the caput of art. 26, if any.

§ 2 The electronic platform will provide functionality for States, Municipalities and the Federal District, including their Audit Courts, to inform about the rejection of partnership accounts signed by them with organizations in the Civil society.

Art. 30. Seem technical body must give its opinion on the items listed in the item V of the caput of art. 35 of Law No. 13,019, of 2014 .

Single paragraph. For the purposes of the provisions of subparagraph “c” of item V of the caput of art. 35 of Law No. 13,019, of 2014 , O Seem will analyze the compatibility between the values presented in the Work plan, as provided in § 1 of art. 25, and the reference value or ceiling indicated in Notice, as provided in § 8 of art. 9th.

Art. 31. Seem will be issued by the Federal Attorney General's Office, by bodies linked to it or by the legal body of the federal public administration entity.

§ 1 Seem what is it about caput will cover:

I – analysis of the legality of partnerships; It is

II – consultation on specific doubts presented by the Manager from the Partnership or by another authority that manifests itself in the process.

§ 2 The manifestation will not cover the analysis of technical content of process documents.

§ 3 Individual manifestation in each process will be waived when there is already Seem on standard draft and in other hypotheses defined in the act referred to in § 4.

§ 4th Act of the Advocate General of the Union will regulate, within the scope of the Union and its public authorities and foundations, the provisions of this article.

Art. 32. The terms of promotion and collaboration will be signed by the Minister of State or the Manager maximum of the federal public administration entity, delegation permitted, sub-delegation prohibited.

CHAPTER IV

THE IMPLEMENTATION OF Partnership

Section I

Release and accounting of resources

Art. 33. The release of resources will comply with the Disbursement Schedule which will be in line with the goals of the Partnership.

§ 1 The resources will be deposited in a specific current account, exempt from bank fees, in a public financial institution, which may act as a Mandatory of the public body or entity in the execution and monitoring of the terms of promotion or collaboration.

§ 2 The resources will be automatically invested in savings accounts, Bottom short-term financial investment or open market operation backed by securities of the Public debt, while not used for their purpose.

Art. 34. Releases of installments will be retained in the cases provided for in art. 48 of Law No. 13,019, of 2014 .

§ 1 th Verification of the retention hypotheses provided for in the art. 48 of Law No. 13,019, of 2014 , will occur through actions of Monitoring and Evaluation, including:

I – verifying the existence of accepted complaints;

II – analysis of annual financial statements, in accordance with subparagraph “b” of item I of § 4 th of art. 61;

III – the measures adopted to meet any existing recommendations from regulatory bodies Internal control and external; It is

IV – consultation of federal registries and systems that allow the regularity of the Partnership.

§ two th Unjustified delay in meeting targets agreed upon in the Work plan constitutes non-compliance with an obligation established in the Development Term or collaboration, as provided in item II of the caput of art. 48 of Law no th 13,019, of 2014.

§ 3 th Partnerships with resources deposited in a specific current account and not used within three hundred and sixty-five days must be terminated as provided for in item II of § 4 of art. 61.

§ 4 th The provisions of § 3 th may be exempted when there is partial execution of the Object, as long as it is previously justified by the Manager from the Partnership and authorized by the Minister of State or the Manager maximum of the federal public administration entity.

Art. 35. The resources of the Partnership managed by organizations in the Civil society, including by non-celebrating performers in network activities, are linked to the Work plan and do not characterize their own recipe or Payment per Services provision and must be allocated in your accounting records in accordance with Brazilian Accounting Standards.

Section II

Purchasing and hiring and making expenses and payments

Art. 36. Purchases and contracting of goods and services by the organization of Civil society with resources transferred by the federal public administration will adopt methods usually used by the private sector.

§ 1 The execution of expenses related to Partnership will observe, in accordance with the terms of the art. 45 of Law No. 13,019, of 2014 :

I – the exclusive responsibility of the organization of the Civil society for the administrative and financial management of the resources received, including with regard to funding, investment and personnel expenses; It is

II – the exclusive responsibility of the organization of the Civil society for the Payment labor, social security, tax and commercial charges related to the execution of the Object provided for in the Development Term or collaboration, which does not imply joint or subsidiary liability of the federal public administration for the failure of the organization of the Civil society in relation to the aforementioned Payment, to the burdens imposed on the Object from the Partnership or damages resulting from restrictions on its execution.

§ 2º The organization of Civil society must check the compatibility between the value foreseen for carrying out the expense, approved in the Work plan, and the effective value of the purchase or contracting.

§3º If the effective value of the purchase or contracting is higher than that foreseen in the Work plan, the organization of Civil society must ensure the compatibility of the effective value with the new prices charged in the market, including for the purposes of preparing the report referred to in art. 56, when applicable.

§ 4º It will be provided to the organizations of the Civil society the use of the purchasing portal provided by the federal public administration.

Art. 37. Organizations of the Civil society must obtain notes, tax receipts or receipts from their suppliers and service providers, with date, value, name and CNPJ registration number of the organization of the Civil society and the CNPJ or CPF of the supplier or service provider, for the purpose of proving expenses.

§ 1 th The organization of Civil society must record data relating to expenses incurred on the electronic platform, eliminating the need to insert notes, tax receipts or receipts relating to expenses.

§ two th The organizations of Civil society must keep the original documents referred to in the caput , in accordance with the provisions of art. 58 .

Art. 38. Payments must be made by electronic transfer subject to the identification of the Recipient final on the electronic platform.

§ 1 Development Term or collaboration may allow exemption from the requirement of caput and enable payments to be made in kind, after withdrawing from the specific bank account of the Partnership, in the event of impossibility of Payment through electronic transfer, duly justified by the organization of the Civil society at the Work plan, which may be related, among other reasons, to: I – the Object from the Partnership;

II – the region where the actions of the Partnership; or

III – the nature of the services to be provided in the execution of the Partnership.

§ 2º Payments in kind will be restricted to the individual limit of R$ 1,800.00 (one thousand and eight hundred reais) per Recipient, taking into account the entire duration of the Partnership, except for specific provision under § 3.

§ 3rd Act of the Minister of State or the Manager maximum authority of the federal public administration entity will provide for the criteria and limits for authorization of the Payment in kind.

§ 4 Payments made in accordance with § 1 do not exempt the registration of the Recipient final expense on the electronic platform.

Art. 39. The indirect costs necessary for the execution of the Object, which is what the item III of the caput of art. 46 of Law No. 13,019, of 2014 , may include, among other expenses, those with internet, transportation, rent, telephone, water and electricity consumption and Remuneration accounting and legal advisory services.

Art. 40. The organization of Civil society may only pay expenses at a date subsequent to the completion of the execution of the Development Term or collaboration when the Generating Fact of the expense occurred during its validity.

Art. 41. For the purposes of this Decree, a work team is considered to be the personnel necessary for the execution of the Object from the Partnership, which may include people belonging to the organization of the Civil society or who may be hired, including managers, as long as they carry out the action provided for in the Work plan approved, in accordance with civil and labor legislation.

Single paragraph. The federal public administration is prohibited from interfering in the selection and hiring of personnel by the organization of Civil society or that direct the recruitment of people to work or provide services in said organization.

Art. 42. They may be paid with resources linked to the Partnership expenses with Remuneration of the work team, including the organization's own personnel, Civil society, during the validity of the Partnership, which may include expenses with tax payments, social contributions, Bottom in Guarantee of Time of Service – FGTS, vacations, thirteenth salary, proportional salaries, severance pay and other social and labor charges, provided that such amounts:

I – are provided for in the Work plan and are proportional to the time actually dedicated to Partnership; It is

II – are compatible with the market value and comply with collective work agreements and conventions and, in their gross and individual value, the salary ceiling Remuneration of the federal Executive Branch.

§ 1 In cases where the Remuneration is paid proportionally with resources from the Partnership, the organization of Civil society must insert into the electronic platform the expense apportionment calculation memory for purposes of Accountability, under the terms of the sole paragraph of art. 56, duplication or overlapping of sources of resources in the financing of the same portion of the expense is prohibited.

§ 2 Daily payments for travel, accommodation and food may be paid, in cases where the execution of the Object from the Partnership as required, for the work team and voluntary service providers, under the terms of the Law No. 9,608, of February 18, 1998 .

§ 3 Payment of the severance pay referred to in the caput , even after the end of the execution of the Partnership, will be proportional to the professional’s period of activity in implementing the goals set out in the Work plan.

§ 4 The organization of Civil society should provide ample Transparency, including on the electronic platform, to the amounts paid, individually, as Remuneration of your work team linked to the execution of the Object and with resources from Partnership, together with the disclosure of positions and values, in accordance with art. 80.

Section III

Of the changes in Partnership

Art. 43. The federal public administration body or entity may authorize or propose changes to the Development Term or collaboration or Work plan, after, respectively, a reasoned request from the organization of the Civil society or your consent, as long as there is no change in your Object, this way:

I – by additional term to the Partnership for:

a) increase of up to thirty percent of the global value;

b) reduction of the global value, without limitation of the amount;

c) extension of validity, observing the limits of art. 21; or

d) change in the destination of Remaining Assets; or

II – by apostille certificate, in other cases of change, such as:

a) use of income from financial investments or balances that may exist before the end of the execution of the Partnership;

b) adjustments to the execution of the Object from the Partnership at the Work plan; or

c) reallocation of resources without changing the overall value.

§ 1 Without prejudice to the changes foreseen in the caput , The Partnership must be changed by an apostille certificate, regardless of the consent of the organization of the Civil society, for:

I – extension of the term, before its end, when the federal public administration body or entity has caused a delay in the release of financial resources, with the extension limited to the exact period of the delay verified; or

II – indication of budgetary credits for future years.

§ 2 The public body or entity must express its opinion on the request covered by the caput within thirty days, counting from the date of its presentation, with the period being suspended when clarifications are requested from the organization of the Civil society.

§ 3 In the event of completion of the execution of the Partnership before expressing a response to the request to change the destination of Remaining Assets, the custody of the assets will remain under the responsibility of the organization of the Civil society until the request is decided.

Art. 44. The legal opinion of the Federal Attorney General's Office, its linked bodies or the legal body of the federal public administration entity is waived in the cases referred to in paragraph “c” of item I and item II of caput of art. 43 and items I and II of § 1 of art. 43, without prejudice to consultation on specific legal doubts presented by the Manager from the Partnership or by another authority that appears in the process.

CHAPTER V

NETWORK ACTION

Art. 45. The execution of partnerships can take place through the network of two or more organizations in the Civil society, to be formalized by signing a network operation agreement.

§ 1 th Network action can be carried out by carrying out coinciding actions, when there is an identity of interventions, or different and complementary actions to the execution of the project. Object from the Partnership.

§ 2 The network must be composed of:

I – an organization of Civil society celebrant of Partnership with the federal public administration, which will be responsible for the network and will act as its supervisor, mobilizer and guide, being able to participate directly or not in the execution of the project. Object; It is

II – one or more organizations of the Civil society performers and non-celebrators of the Partnership with the federal public administration, which must carry out actions related to the Object from the Partnership defined in common agreement with the organization of the Civil society celebrant.

§ 3º Network activity does not characterize subcontracting of services nor does it distort the technical and operational capacity of the organization of the network. Civil society celebrant.

Art. 46. Network action will be formalized between the organization of the Civil society celebrant and each of the organizations of the Civil society performers and non-celebrators through a network performance agreement.

§ 1 The network operation term will specify reciprocal rights and obligations, and will establish, at a minimum, the actions, goals and deadlines that will be developed by the organization of the network. Civil society executor and non-celebrator and the value to be passed on by the organization of the Civil society celebrant.

§ 2º The organization of Civil society The celebrant must communicate to the federal public administration the signing of the network operation agreement within a period of up to sixty days, counting from the date of its signature.

§ 3 In the event that the network operation term is terminated, the organization of the Civil society Celebrant must communicate the fact to the federal public administration within fifteen days, counting from the date of termination.

§ 4 The organization of Civil society celebrant must ensure, at the time of signing the network operation term, the legal and fiscal regularity of the organization of the Civil society executor and non-celebrator, which will be verified through the presentation of the following documents:

I – proof of registration with the CNPJ, issued on the official website of the Federal Revenue Service of Brazil;

II – copy of the statute and any registered changes;

III – certificates provided for in items IV, V and VI of the caput of art. 26; It is

IV – declaration by the legal representative of the organization Civil society performer and non-celebrator that he is not impeded in Cepim, Siconv, Siafi, Sicaf and Cadin.

§ 5 Participation in the organization network of the Civil society executor and non-celebrator who has maintained a legal relationship with at least one of the members of the Commission of selection responsible for the public call that resulted in the celebration of the Partnership.

Art. 47. The organization of Civil society celebrant must prove to the federal public administration compliance with the requirements set out in art. 35-A of Law No. 13,019, of 2014 , to be verified by presenting the following documents:

I – proof of registration with the CNPJ, issued on the official website of the Brazilian Federal Revenue Secretariat, to demonstrate that the organization of the Civil society celebrant has existed for at least five years with active registration; It is

II – proof of technical and operational capacity to supervise and guide the network, with the following being admitted:

a) statements from organizations in the Civil society that make up the network in which the celebrant participates or has participated;

b) letters of principles, records of meetings or events and other public documents from networks in which the celebrant participates or has participated; or

c) activity reports with proof of actions carried out in a network in which the celebrant participates or has participated.

Single paragraph. The federal public administration will verify whether the organization of the Civil society celebrant meets the requirements set out in caput at the time of the celebration of Partnership.

Art. 48. The organization of Civil society celebrant of Partnership is responsible for the actions carried out by the network.

§ 1 For the purposes of the provisions of caput , the rights and obligations of the organization of the Civil society celebrant before the federal public administration cannot be subrogated to the organization of the Civil society performer and not celebrant.

§ 2 In the event of irregularity or misuse of purpose in the application of the resources of the Partnership, the organizations of Civil society executors and non-celebrators will be subsidiarily liable up to the limit of the value of the resources received or the amount due due to damage to the public treasury.

§ 3 The federal public administration will evaluate and monitor the organization of Civil society celebrant, who will provide information on deadlines, goals and actions carried out by the organizations of the Civil society performers and non-celebrators.

§ 4 Organizations of the Civil society Executors and non-celebrators must present information on the execution of actions, deadlines and goals and documents and proof of expenses, including personnel Hired, necessary for the Accountability by the organization of Civil society celebrant of Partnership, as described in the network operation term and in the item I of the sole paragraph of art. 35-A of Law No. 13,019, of 2014 .

§ 5 Reimbursement to the treasury made by the organization of the Civil society celebrant does not waive his right of recourse against the organizations of the Civil society performers and non-celebrators.

CHAPTER VI

MONITORING AND EVALUATION

Section I

From the Commission in Monitoring and Evaluation

Art. 49. Commission in Monitoring and Evaluation is the collegial administrative body responsible for monitoring the set of partnerships, proposing to improve procedures, standardizing objects, costs and indicators and producing understandings aimed at prioritizing control of results, with evaluation and approval being its responsibility. technical reports of Monitoring and Evaluation.

§ 1 The federal public body or entity will designate, in a specific act, the members of the Commission in Monitoring and Evaluation, to be made up of at least one civil servant occupying a permanent position or permanent employment on the federal public administration staff.

§ 2º A Commission in Monitoring and Evaluation You may request technical advice from a specialist who is not a member of this panel to support your work.

§ 3 th The federal public body or entity may establish one or more commissions for Monitoring and Evaluation, observing the principle of efficiency.

§ 4 th A Commission in Monitoring and Evaluation will meet periodically in order to evaluate the execution of the partnerships through the analysis of the actions provided for in Section II of this Chapter.

§ 5 Monitoring and evaluation of Partnership carried out with resources from Bottom specific may be carried out by Commission in Monitoring and Evaluation to be constituted by the respective council Manager, in accordance with specific legislation, respecting the requirements of Law No. 13,019, of 2014 , and this Decree.

Art. 50. The member of the Commission in Monitoring and Evaluation must declare himself prevented from participating in the monitoring and evaluation of the Partnership when you verify that:

I – has participated, in the last five years, as an associate, cooperated, Manager, counselor or employee of the organization Civil society;

II – your performance in monitoring and evaluation constitutes a conflict of interest, under the terms of Law No. 12,813, of 2013 ; or

III – has participated in the Commission of selection from the Partnership.

Section II

Actions and procedures

Art. 51. The actions of Monitoring and Evaluation will have a preventive and sanitary nature, aiming at the adequate and regular management of partnerships, and must be registered on the electronic platform.

§ 1º The actions referred to in the caput will include the analysis of information about the processing of Partnership contained in the electronic platform, including the possibility of consulting transactions in the company's specific bank account. Partnership, in addition to verifying, analyzing and reporting on any existing complaints related to Partnership.

§ 2º Development Term or collaboration must provide for procedures for Monitoring and Evaluation of the execution of its Object to be carried out by the federal public administration body or entity.

§ 3º The actions of Monitoring and Evaluation may use technological tools to verify the achievement of results, including social networks on the internet, applications and other information technology mechanisms.

§ 4 The technical report of Monitoring and Evaluation what is it about art. 59 of Law No. 13,019, of 2014 , will be produced in the form established by art. 60.

Art. 52. The federal public administration body or entity must carry out a technical visit on site to support the monitoring of Partnership, in cases where this is essential to verify compliance with the Object from the Partnership and achieving goals.

§ 1 The federal public body or entity must previously notify the organization of the Civil society, within a minimum period of three working days prior to the technical visit on site .

§ 2 Whenever there is a technical visit on site , the result will be detailed in a technical visit report on site , which will be registered on the electronic platform and sent to the organization of Civil society for knowledge, clarification and action and may lead to a review of the report, at the discretion of the federal public administration body or entity.

§ 3 The technical visit on site should not be confused with the inspection and auditing actions carried out by the federal public administration body or entity, by the Internal control and by the Federal Audit Court.

Art. 53. In partnerships lasting more than one year, the federal public body or entity will carry out, whenever possible, a satisfaction survey.

§ 1 The satisfaction survey will be based on objective criteria for determining the satisfaction of beneficiaries and determining the possibility of improving the actions developed by the organization of the Civil society, aiming to contribute to the fulfillment of agreed objectives and the reorientation and adjustment of defined goals and actions.

§ 2 The satisfaction survey may be carried out directly by the federal public administration, with in-person or remote methodology, with support from third parties, by delegation of competence or through partnerships with bodies or entities able to assist in carrying out the survey.

§ 3 In the event of carrying out a satisfaction survey, the organization of the Civil society You will be able to give your opinion on the content of the questionnaire that will be applied.

§ 4 Whenever there is a satisfaction survey, the systematization will be detailed in a document that will be sent to the organization of the Civil society for knowledge, clarifications and possible measures.

CHAPTER VII

ACCOUNTABILITY

Section I

General provisions

Art. 54. Accountability will have the objective of demonstrating and verifying results and must contain elements that allow evaluating the execution of the Object and achieving goals.

Single paragraph. In the event of network operation, it will be up to the organization of the Civil society celebrant presents the Accountability, including with regard to actions carried out by organizations in the Civil society performers and non-celebrators.

Art. 55. For the purposes of Accountability annual and final, the organization of the Civil society must present a report on the execution of the Object, on the electronic platform, which will contain:

I – demonstration of the achievement of goals for the period covered by the Accountability;

II – description of the actions developed to comply with the Object;

III – documents proving compliance with the Object, such as attendance lists, photos, videos, among others; It is

IV – documents proving compliance with the Counterpart, when.

§ 1 th The report covered by the caput must also provide elements for evaluation:

I – the economic or social impacts of the actions developed;

II – the level of satisfaction of the target audience, which may be indicated through a satisfaction survey, statement from a local public or private entity and statement from the sectoral public policy council, among others; It is

III – the possibility of Sustainability of actions after completion of the Object.

§ 2º The information referred to in § 1º will be provided through the presentation of documents and by other means provided for in the Work plan, as defined in item IV of caput of art. 25.

§ 3 The body or entity of the federal public administration may waive compliance with § 1 of this article and subparagraph “b” of item II of the caput of art. 61 when the requirement is disproportionate to the complexity of the Partnership or to the public interest, upon prior justification.

§ 4 The organization of Civil society must present justification in the event of failure to achieve the goals.

Art. 56. When the organization of the Civil society fails to prove the achievement of targets or when there is evidence of the existence of an irregular act, the federal public administration will require the presentation of a financial execution report, which must contain:

I – the list of revenues and expenses incurred, including financial income, which enable proof of compliance with the Work plan;

II – proof of return of the remaining balance of the specific bank account, if any;

III – the specific bank account statement;

IV – the memory for calculating the apportionment of expenses, when applicable;

V – the list of goods acquired, produced or transformed, if any; It is

VI – simple copy of invoices and tax receipts or receipts, including payslips, with document date, value, organization data Civil society and supplier and indication of the Product or service.

Single paragraph. The calculation memory referred to in item IV of the caput , to be presented by the organization of the Civil society, must contain an indication of the full value of the expense and details of the division of costs, specifying the source of funding for each fraction, identifying the number and the body or entity of the Partnership, duplication or overlapping of sources of resources in the financing of the same portion of the expense is prohibited.

Art. 57. The analysis of the financial execution report referred to in art. 56 will be carried out by the federal public administration and will include:

I – the examination of the conformity of expenses, carried out by checking the planned expenses and the expenses actually incurred, by item or group of items, as approved in the Work plan, observing the provisions of § 3 of art. 36; It is

II – verification of bank reconciliation, by measuring the correlation between the expenses contained in the payment list and the debits made to the company's specific current account Partnership.

Art. 58. Organizations of the Civil society must maintain custody of the original documents relating to the execution of the partnerships for a period of ten years, counting from the business day following the presentation of the Accountability or the expiry of the deadline for submitting the Accountability.

Section II

Accountability Yearly

Art. 59. In partnerships lasting more than one year, the organization of the Civil society must present Accountability annually for the purpose of monitoring compliance with the goals set out in the Work plan.

§ 1º A Accountability annual report must be presented within a period of up to thirty days after the end of each fiscal year, as established in the instrument of Partnership.

§ 2 For the purposes of the provisions of § 1, each period of twelve months of duration of the Partnership, counting from the first release of resources for its execution.

§ 3º A Accountability annual report will consist of the presentation of the Partial Execution Report of the Object on the electronic platform, which must comply with the provisions of art. 55.

§ 4 In the event of omission in the duty to Accountability annually, the Manager from the Partnership will notify the organization of the Civil society to, within fifteen days, present the Accountability.

§ 5º If the omission referred to in § 4º persists, the provisions of the § 2 of art. 70 of Law No. 13,019, of 2014 .

Art. 60. Analysis of Accountability annual report will be carried out through the production of a technical report Monitoring and Evaluation when the Partnership is selected by sampling, as per act of the Minister of State or the Manager maximum of the federal public administration entity, considering the parameters to be defined by the Comptroller General of the Union.

§ 1 The analysis provided for in caput will also be carried out when:

I – unjustified non-compliance with the achievement of the goals of the Partnership in the course of the actions of Monitoring and Evaluation what the art deals with. 51; or

II – a complaint of irregularity in the partial execution of the project is accepted Object, through an admissibility judgment carried out by the Manager.

§ 2º A Accountability annual report will be considered regular when, after analyzing the Partial Execution Report of the Object, the achievement of the goals of the Partnership.

§ 3º In the event of failure to prove the achievement of the goals or when there is evidence of the existence of an irregular act, the federal public administration will notify the organization of the Civil society to present, within a period of up to thirty days, a Partial Financial Execution Report, which must comply with the provisions of art. 56 and will support the preparation of the technical report on Monitoring and Evaluation.

Art. 61. The technical report of Monitoring and Evaluation referred to in art. 60 will contain:

I – the elements set out in § 1 of art. 59 of Law No. 13,019, of 2014; It is

II – the Seem analysis technician Accountability annually, which must:

a) evaluate the goals already achieved and their benefits; It is

b) describe the effects of Partnership in local reality regarding:

1. economic or social impacts;

2. the level of satisfaction of the target audience; It is

3. the possibility of Sustainability of actions after completion of the Object.

§ 1 In the event that the technical report of Monitoring and Evaluation evidence irregularity or partial non-execution of the Object, O Manager from the Partnership will notify the organization of the Civil society for, within thirty days:

I – remedy the irregularity;

II – fulfill the obligation; or

III – present justification for the impossibility of resolving the irregularity or fulfilling the obligation.

§ 2º Manager will assess compliance with the provisions of § 1 and update the technical report Monitoring and Evaluation, as appropriate.

§ 3º Amounts related to targets not met without sufficient justification will be disallowed.

§ 4º In the hypothesis of § 2º, if irregularity or partial non-execution of the Object, the technical report of Monitoring and Evaluation:

I – if it concludes that the Partnership, you must determine:

a) the return of financial resources related to the irregularity or lack of execution found or to the Accountability not presented; It is

b) retention of portions of resources, in accordance with art. 34; or

II – if it concludes by unilateral termination of the Partnership, you must determine:

a) the return of the amounts transferred related to the irregularity or lack of execution found or to the Accountability not presented; It is

b) the establishment of Account Taking especially, if there is no return referred to in paragraph “a” within the specified period.

§ 5 The technical report of Monitoring and Evaluation will be submitted to Commission in Monitoring and Evaluation designated, in accordance with art. 49, which will approve it, within a period of up to forty-five days, counted from its receipt.

§ 6º Manager from the Partnership must adopt the measures contained in the technical report Monitoring and Evaluation approved by Commission in Monitoring and Evaluation.

§ 7 The sanctions provided for in Chapter VIII may be applied regardless of the measures adopted in accordance with § 6.

Section III

From the Accountability Final

Art. 62. Organizations of the Civil society must present the Accountability final through the Final Execution Report of the Object, which must contain the elements provided for in art. 55, proof of return of any remaining balance referred to in the art. 52 of Law No. 13,019, of 2014 , and the forecast of Resource Reserve for Payment of the severance pay referred to in § 3 of art.42.

Single paragraph. The presentation of the documents referred to in items III and IV of the caput of art. 55 when they are already on the electronic platform.

Art. 63. Analysis of Accountability final decision by the federal public administration will be formalized through Seem conclusive technical report, to be inserted into the electronic platform, which must verify compliance with the Object and achieving the goals set out in the Work plan and will consider:

I – the Final Execution Report of the Object;

II – the Partial Execution Reports of the Object, for partnerships lasting more than one year;

III – technical visit report in loco, if any; It is

IV – technical report Monitoring and Evaluation, when.

Single paragraph. In addition to analyzing compliance with the Object and achieving the goals set out in the Work plan, O Manager from the Partnership, in your Seem technician, will evaluate the effects of Partnership, and must mention the elements referred to in § 1 of art. 55.

Art. 64. In the event that the analysis referred to in art. 63 conclude that there was non-compliance with goals established in the Work plan or evidence of irregularity, the Manager from the Partnership, before issuing the Seem conclusive technical report, will notify the organization of the Civil society to present the Final Financial Execution Report, which must comply with the provisions of art. 56.

§ 1 The presentation of the documents referred to in items I to IV of the caput of art. 56 when they are already on the electronic platform.

§ 2º The analysis of the report referred to in the caput must comply with the provisions of art. 57.

Art. 65. For the purposes of the provisions of art. 69 of Law No. 13,019, of 2014 , the organization of Civil society must present:

I – the Final Execution Report of the Object, within a period of up to thirty days, counting from the end of the execution of the Partnership, as established in the instrument of Partnership, extendable for up to fifteen days, upon justification and prior request from the organization of the Civil society; It is

II – the Final Financial Execution Report, within a period of up to sixty days, counted from its notification, as established in the instrument of Partnership, extendable for up to fifteen days, upon justification and prior request from the organization of the Civil society.

Art. 66. Seem conclusive technical Accountability The final decision will be based on the decision of the competent authority and must conclude by:

I – approval of accounts;

II – approval of accounts with reservations; or

III – rejection of accounts.

§ 1 Approval of accounts will occur when compliance with the Object and the goals of Partnership, as provided in this Decree.

§ 2 Approval of accounts with reservations will occur when, despite compliance with the Object and the goals of Partnership, impropriety or any other lack of a formal nature that does not result in damage to the treasury is found.

§ 3º Rejection of accounts will occur in the following cases:

I – omission in the duty to provide accounts;

II – unjustified non-compliance with the Object and the goals established in the Work plan;

III – damage to the treasury resulting from an illegitimate or uneconomic management act; or

IV – embezzlement or diversion of money, goods or public values.

§ 4 Rejection of accounts cannot be based solely on the assessment referred to in the sole paragraph of art. 63.

Art. 67. The decision on the Accountability The final decision will be up to the authority responsible for concluding the Partnership or to the agent directly subordinate to her, sub-delegation is prohibited.

Single paragraph. The organization of Civil society will be notified of the decision regarding the caput and you can:

I – submit an appeal, within thirty days, to the authority that issued it, which, if it does not reconsider the decision within thirty days, will forward the appeal to the Minister of State or the Manager maximum of the federal public administration entity, for final decision within thirty days; or

II – remedy the irregularity or comply with the obligation, within forty-five days, extendable for a maximum of the same period.

Art. 68. Once the appeal phase has been exhausted, the federal public administration body or entity must:

I – in the case of approval with reservations from the Accountability, register the causes of reservations on the electronic platform; It is

II – in the case of rejection of the Accountability, notify the organization of the Civil society so that, within thirty days:

a) return the financial resources related to the irregularity or non-execution of the Object cleared or with the Accountability not presented; or

b) request reimbursement from the treasury through compensatory actions in the public interest, by presenting a new Work plan, in accordance with the § 2 of art. 72 of Law No. 13,019, of 2014 .

§ 1 th The registration of approval with reservations from the Accountability It has a preventive nature and will be considered in the eventual application of the sanctions referred to in Chapter VIII.

§ 2 The federal public administration must comment on the request referred to in subparagraph “b” of item II of the caput within thirty days.

§ 3º The carrying out of compensatory actions in the public interest must not exceed half of the period foreseen for the execution of the Partnership.

§ 4 It is exclusively the responsibility of the Minister of State or the Manager maximum of the federal public administration entity authorizing the reimbursement referred to in subparagraph “b” of item II of caput .

§ 5 The other parameters for granting reimbursement referred to in subparagraph “b” of item II of caput will be defined in an act of the Minister of State or the Manager maximum of the federal public administration entity, observing the objectives of the policy, plan, Program or the action in which the Partnership is inserted.

§ 6º In the hypothesis of item II of the caput , failure to reimburse the treasury will result in:

I – the establishment of the Account Taking especially, in accordance with current legislation; It is

II – the record of the rejection of the Accountability and its causes on the electronic platform and on Siafi, as long as the reasons determining the rejection persist.

Art. 69. The period for analyzing the Accountability final decision by the federal public administration must be set in the instrument of Partnership and will last up to one hundred and fifty days, counting from the date of receipt of the Final Execution Report of the Object.

§ 1 The deadline referred to in the caput may be extended, with justification, for an equal period, not exceeding the limit of three hundred days.

§ 2º The expiry of the period defined in the caput , and its possible extension, under the terms of § 1, without the accounts having been assessed:

I – does not prevent the organization of the Civil society participate in other public calls and enter into new partnerships; It is

II – does not imply the impossibility of its Appreciation at a later date or prohibition of adopting remedial, punitive measures or measures intended to compensate for damages that may have been caused to public coffers.

§ 3 If the period defined in the caput , and its possible extension, under the terms of § 1, if it is due to the exclusive fault of the federal public administration, without any fraud being found on the part of the organization of the Civil society or its representatives, no late payment interest will be charged on debts determined in the period between the end of the term and the date on which the conclusive statement was issued by the federal public administration, without prejudice to monetary updating, which will observe the annual variation of the National Index of Broad Consumer Prices – IPCA, calculated by Foundation Institute Brazilian Geography and Statistics – IBGE.

Art. 70. Debts to be refunded by the organization of Civil society will be calculated through monetary adjustment, plus interest calculated as follows:

I – in cases where fraud on the part of the organization is detected Civil society or its representatives, interest will be calculated from the dates of release of the resources, without subtracting any period of inertia of the federal public administration regarding the period referred to in § 3 th of art. 69; It is

II – in other cases, interest will be calculated based on:

a) the expiry of the period established in the act of notification of the organization of the Civil society or its agents for refund of amounts incurred during the execution of the Partnership; or

b) the end of the execution of the Partnership, if there has not been the notification referred to in paragraph “a” of this section, subtracting any period of inertia of the federal public administration regarding the period referred to in § 3 th of art. 69.

Single paragraph. The debts covered by the caput will observe interest equivalent to the reference rate of the Special Payment System Sale off and Custody – Selic for federal securities, accumulated monthly, until the last day of the month prior to the month Payment, and one percent in the month of Payment.

CHAPTER VIII

SANCTIONS

Art. 71. When the execution of the Partnership is in disagreement with the Work plan and with the standards of Law No. 13,019, of 2014 , and specific legislation, the federal public administration may apply to the organization of Civil society the following sanctions:

I – warning;

II – temporary suspension; It is

III – declaration of unsuitability.

§ 1º The interested party is entitled to defend himself within ten days, counting from the date of opening of the procedural records.

§ 2º The warning sanction has a preventive nature and will be applied when improprieties practiced by the organization of the Civil society within the scope of Partnership that do not justify the application of a more serious penalty.

§ 3º The sanction of temporary suspension will be applied in cases where irregularities are verified in the celebration, execution or Accountability from the Partnership and the imposition of the most serious penalty is not justified, considering the nature and severity of the infraction committed, the peculiarities of the specific case, the aggravating or mitigating circumstances and the damage resulting from it to the federal public administration.

§ 4 The sanction of temporary suspension prevents the organization of the Civil society to participate in public calls and enter into partnerships or contracts with bodies and entities of the federal public administration for a period not exceeding two years.

§ 5 The sanction of declaration of unsuitability prevents the organization of the Civil society to participate in public calls and enter into partnerships or contracts with bodies and entities from all spheres of government, while the reasons determining the punishment persist or until rehabilitation is promoted before the authority that applied the penalty, which will occur when the organization of the Civil society reimburse the federal public administration for the resulting losses, and after the two-year period has elapsed since the application of the sanction of declaration of disrepute.

§ 6 The application of sanctions of temporary suspension and declaration of unsuitability is the exclusive responsibility of the Minister of State.

Art. 72. The administrative decision that applies the sanctions provided for in items I to III of the caput of art. 71 an administrative appeal will be possible, within ten days, counting from the date of acknowledgment of the decision.

Single paragraph. In the case of the exclusive competence of the Minister of State provided for in § 6 of art. 71, the appropriate appeal is the request for reconsideration.

Art. 73. In the event of the application of a sanction of temporary suspension or declaration of unsuitability, the organization of the Civil society must be registered, cumulatively, as a defaulter in Siafi and Siconv, while the effects of the punishment last or until rehabilitation is promoted.

Art. 74. The punitive actions of the federal public administration aimed at applying the sanctions provided for in this Decree shall prescribe within a period of five years, counting from the date of presentation of the Accountability or the end of the period of ninety days from the end of the validity of the Partnership, in the case of omission in the duty to report.

Single paragraph. The prescription will be interrupted with the issuance of an administrative act intended to investigate the infraction.

CHAPTER IX

THE PROCEDURE FOR EXPRESSION OF SOCIAL INTEREST

Art. 75. Organizations of the Civil society, you Social movements and citizens will be able to submit a proposal to open a Social Interest Expression Procedure – Pmis to bodies or entities of the federal public administration so that the possibility of carrying out a public call for the purpose of celebrating a Partnership.

§ 1 The Pmis aims to allow society to hear about actions of public and reciprocal interest that do not coincide with projects or activities that are Object public call or Partnership ongoing within the scope of the federal public administration body or entity responsible for public policy.

§ 2º The carrying out of a public call or the celebration of Partnership does not depend on the achievement of Pmis.

Art. 76. The federal public administration will make a model form available so that organizations in the Civil society, you Social movements and citizens can submit a proposal to open a Pmis, which must meet the following requirements:

I – identification of the subscriber of the proposal;

II – indication of the public interest involved; It is

III – diagnosis of the reality to be modified, improved or developed and, when possible, indication of the feasibility, costs, benefits and execution deadlines of the intended action.

§ 1 The proposal referred to in the caput will be forwarded to the federal public administration body or entity responsible for the public policy to which it refers.

§ 2 The bodies and entities of the federal public administration will establish a period for receiving proposals aimed at establishing Pmis, observing a minimum of sixty days per year.

Art. 77. The evaluation of the proposal to establish Pmis will observe, at a minimum, the following steps:

I – analysis of the admissibility of the proposal, based on the requirements set out in art. 76;

II – decision on whether or not to establish the Pmis, after verifying the convenience and opportunity by the responsible federal public administration body or entity;

III – if the Pmis is established, society will hear about the topic; It is

IV – statement from the responsible federal public administration body or entity on whether or not to carry out the public call proposed in the Pmis.

§ 1 Upon receipt of the proposal to open the Pmis, presented in accordance with art. 76, the federal public administration will have a period of up to six months to complete the steps set out in the caput .

§ 2 The proposals for establishing Pmis will be published on the official website of the responsible federal public administration body or entity and on a single electronic portal for this purpose.

CHAPTER X

TRANSPARENCY AND DISCLOSURE OF SHARES

Art. 78. The federal public administration and organizations of the Civil society should publicize and promote the Transparency information regarding the selection and execution of partnerships.

Single paragraph. They are exempt from complying with the provisions of caput partnerships carried out within the scope of protection programs for threatened people.

Art. 79. The federal public administration body or entity will disclose information regarding partnerships entered into with organizations of the Civil society in open and accessible data and must maintain, on its official website and electronic platform, a list of partnership instruments signed with its work plans.

Art. 80. Organizations of the Civil society will disclose on their official websites and in visible locations at their headquarters and establishments in which they carry out their actions, from the signing of partnerships until one hundred and eighty days after the presentation of the Accountability Finally, the information covered by the art. 11 of Law No. 13,019, of 2014 , and the art. 63 of Decree No. 7,724, of May 16, 2012 .

Single paragraph. In the case of network operation, it will be up to the organization of the Civil society celebrant discloses the information covered by the caput , including organizations in the Civil society non-celebrators and network performers.

Art. 81. The Map of Organizations of the Civil society aims to give Transparency, gather and publicize information about organizations in the Civil society and partnerships signed with the federal public administration based on public databases.

§ 1 Institute of Applied Economic Research – Ipea will be responsible for managing the Map of Organizations of Civil society.

§ 2º It is the responsibility of the bodies and entities of the federal public administration to send the necessary data to achieve the objectives of the Map of Organizations of the Civil society.

§ 3º The Map of Organizations of the Civil society will provide functionalities to gather and publicize information about partnerships signed by States, Municipalities and the Federal District and additional information provided by organizations in the Civil society.

§ 4º The Portal of Transparency, which is what the Decree No. 5,482, of June 30, 2005 , and the Map of Organizations of Civil society must contain reciprocal shortcuts to the respective official websites.

Art. 82. The dissemination of advertising campaigns and programs developed by organizations in the Civil society under the terms of art. 14 of Law No. 13,019, of 2014 , will observe the guidelines and objectives set out in the Decree No. 6,555, of September 8, 2008 , and the policies, guidelines and standards established by the Social Communication Secretariat of the Presidency of the Republic and by annual plans prepared by members of the Communication System of the Federal Executive Branch – Sicom.

§ 1 Federal public media broadcasting sounds, images and sounds may reserve space in their programming schedules for broadcasting information campaigns and programs that promote access to information on actions developed by organizations in the Civil society within the scope of partnerships.

§ 2 The technological resources and language used in the dissemination of campaigns and programs must guarantee accessibility to people with disabilities.

CHAPTER XI

OF THE NATIONAL FOMENT AND COLLABORATION COUNCIL

Art. 83. The National Council for Development and Collaboration – Confoco is hereby created, a joint collegiate body of a consultative nature, part of the structure of the Ministry of Planning, Budget and Management, with the purpose of disseminating good practices and proposing and supporting policies and actions aimed at strengthening relationships between Partnership of organizations in the Civil society with the federal public administration.

Single paragraph. Confoco competes:

I – monitor and evaluate the implementation of the Law No. 13,019, of 2014 , and propose guidelines and actions for its implementation;

II – identify, systematize and disseminate good practices of promotion, collaboration and cooperation between the federal public administration and organizations of the Civil society;

III – propose, give opinions and maintain dialogue with organizations in the Civil society about normative acts;

IV – propose and support the implementation of training processes to qualify social relations Partnership;

V – encourage social participation in development, collaboration and cooperation policies; It is

VI – approve its internal regulations and any changes.

Art. 84. Confoco will have the following composition:

I – one main representative and one alternate representative from each of the following bodies of the federal public administration:

a) Ministry of Planning, Budget and Management, which will coordinate it;

b) Ministry of Justice;

c) Ministry of Finance;

d) Ministry of Education;

e) Ministry of Culture;

f) Ministry of Social Development and Fight Against Hunger;

g) Ministry of Health;

h) Ministry of Agrarian Development;

i) Ministry of Women, Racial Equality, Youth and Human Rights;

j) Government Secretariat of the Presidency of the Republic; It is

k) Comptroller General of the Union; It is

II – eleven main representatives and eleven substitute representatives of organizations of the Civil society, networks and Social movements nationwide.

§ 1 th The representatives referred to in item I of the caput will be nominated by the head of the bodies to which they are linked.

§ two th The organizations of Civil society, networks and Social movements referred to in item II of the caput They will be chosen according to the procedure established in Confoco's internal regulations, ensuring publicity in the selection.

§ 3 th The first selection referred to in § 2 th will be defined in an act of the Minister of State for Planning, Budget and Management, to be published within sixty days, counting from the date of publication of this Decree.

§ 4 th Confoco members will be designated by act of the Minister of State for Planning, Budget and Management.

§ 5 Confoco may invite, to participate in its meetings and activities, experts and representatives of public and private bodies and entities, in addition to representatives of other public policy councils.

§ 6 Participation in Confoco is considered the provision of a relevant, unpaid public service.

Art. 85. The Ministry of Planning, Budget and Management will be responsible for providing the administrative support and means necessary to carry out Confoco's work.

Single paragraph. To fulfill its functions, Confoco will rely on budgetary and financial resources allocated to the budget of the Ministry of Planning, Budget and Management.

CHAPTER XII

FINAL DISPOSITIONS

Art. 86. The provisions of Law No. 9,784, of January 29, 1999 , to the administrative processes relating to the partnerships covered by this Decree.

Single paragraph. At the discretion of the competent authority and at the request of the organization of the Civil society, a hearing may be held to provide clarification necessary for the investigation of the case.

Art. 87. Do not constitute Partnership, for the purposes of the provisions of this Decree, sponsorships carried out for financial support granted to projects of Initiative from third parties with the aim of publicizing its activities, adding value to the brand, generating recognition or expanding the sponsor’s relationship with its target audiences.

Art. 88. Within the scope of the Union and its public authorities and foundations, the prior attempt at conciliation and administrative resolution of doubts of an eminently legal nature related to the execution of the Partnership, provided for in the item XVII of the caput of art. 42 of Law No. 13,019, of 2014 , will be the responsibility of legal consultancy and advisory bodies, under the coordination and supervision of the Conciliation and Arbitration Chamber of the Federal Administration – Ccaf, a body of the Federal Attorney General's Office.

§ 1 Before promoting the attempt at conciliation and administrative solution, the legal body must consult the Comptroller General of the Union regarding the existence of an irregularity investigation process concerning the Object from the Partnership.

§ 2º The prerogative of the organization of the Civil society be represented by a lawyer before the federal public administration, especially in procedures aimed at conciliation and administrative resolution of doubts arising from the execution of the Partnership.

§ 3 th Act of the Attorney General of the Union will regulate the provisions of this article.

Art. 89. Access to Sicaf by other federated entities, as provided for in the sole paragraph of art. 80 of Law No. 13,019, of 2014 , will take place through the signing of an agreement with the Ministry of Planning, Budget and Management.

Art. 90. The Ministry of State for Planning, Budget and Management will define, within sixty days from the date of publication of this Decree, the deadline for adapting Siconv or a single platform that replaces it to the rules set out in this Decree.

Art. 91. Agreements and similar instruments existing on the date of entry into force of the Law No. 13,019, of 2014, will remain governed by the legislation in force at the time of its execution, without prejudice to the subsidiary application of the Law No. 13,019, of 2014 , and this Decree, as far as applicable, as long as it is for the benefit of the scope of the Object from the Partnership.

§ 1 The agreements and similar instruments referred to in the caput may be extended ex officio in case of delay in the release of resources by the federal public administration, in which case the extension will correspond to the period equivalent to the delay and will be governed by the legislation in force at the time of the celebration of the Partnership.

§ 2º Under the terms of § 2 of art. 83 of Law No. 13,019, of 2014 , agreements and similar instruments with an indefinite term or extendable for a period longer than that initially established will, within a period of one year, counting from the date of entry into force of said Law, alternatively:

I – replaced by Development Term, collaboration or cooperation agreement, to adapt to the provisions of the aforementioned Law and this Decree, in the case of a decision by the Manager for the continuity of Partnership; or

II – terminated, justifiably and unilaterally, by the federal public administration, with notification to the organization of the Civil society Partnership for the necessary measures.

§ 3 The federal public administration may sign additional terms of agreements and similar instruments that can be extended for a period equal to or shorter than that initially established, subject to the legislation in force at the time of its original execution and the subsidiary application of the Law No. 13,019, of 2014 .

§ 4º For the replacement referred to in item I of § 2º, the organization of the Civil society must present the documents provided for in art. 26 and art. 27 of this Decree, for the purposes of complying with art. 33, art. 34 and art. 39 of Law No. 13,019, of 2014 .

§ 5º A Accountability of the partnerships replaced in the form of item I of § 2 will observe the provisions of Law No. 13,019, of 2014 , and in this Decree.

§ 6 Exceptionally, the federal public administration may sign an addendum to the Partnership referred to in § 2, to be governed by the legislation in force at the time of its celebration, provided that its validity is limited to January 23, 2017.

§ 7º To comply with the provisions of caput , Section III of Chapter VII of this Decree may be applied to agreements and similar instruments existing on the date of entry into force of the Law No. 13,019, of 2014 , which are in the execution phase of their Object or that are in the analysis phase of Accountability.

Art. 92. Decree No. 6,170, of July 25, 2007 , comes into force with the following changes:

“Art. 1st ……………………………………………………………

………………………………………………………………………….

§ 4 The provisions of this Decree do not apply to the terms of promotion and collaboration and to the cooperation agreements provided for in Law No. 13,019, of July 31, 2014 .

§ 5 Partnerships with organizations in the Civil society concluded by the State, Federal District or Municipality with resources arising from Health insurance concluded with the Union will be governed by Law No. 13,019, of 2014 , and by state or municipal regulations.” (NR)

Art. 93. Decree No. 3,100, of June 30, 1999 , comes into force with the following changes:

“Art. 1 th …………………………………………………………

………………………………………………………………………….

IV – income tax exemption declaration;

V – registration in the General Taxpayer Register/National Register of Legal Entities – CGC/CNPJ; It is

VI – declaration of having been in regular operation for at least three years, in accordance with statutory purposes.” (NR)

“Art. 9th …………………………………………………………..

I – the validity of the qualification certificate issued by the Ministry of Justice, in accordance with the regulations;

………………………………………………………………… ” (NR)

“Art. 12. ………………………………………………………..

I – annual activity execution report, specifically containing a report on the execution of the Object of Partnership Term and comparison between the proposed goals and the results achieved;

…………………………………………………………………………..

III – extract of physical and financial execution;

IV – income statement for the year;

V – Balance Sheet;

VI – demonstration of the origins and applications of resources;

VII – demonstration of changes in social assets;

VIII – explanatory notes to the financial statements, if necessary; It is

IX – Seem and audit report, in the event of art. 19.” (NR)

Art. 94. This Decree comes into force on the date of its publication.

Art. 95. The following are revoked:

I – the Decree No. 50,517, of May 2, 1961 ;

II – the Decree No. 60,931, of July 4, 1967 ; It is

III – the Decree No. 3,415, of April 19, 2000 .

Brasília, April 27, 2016; 195th of Independence and 128th of the Republic.

DILMA ROUSSEFF
Francisco Gaetani
Ricardo Berzoini
Luiz Navarro

This text does not replace that published in the DOU of 4/28/2016*