MINISTRY OF PLANNING, DEVELOPMENT AND MANAGEMENT

MINISTER'S OFFICE

ORDINANCE No. 424, OF DECEMBER 30, 2016

Establishes rules for implementing the provisions of Decree No. 6,170, of July 25, 2007, which provides for rules relating to transfers of Union resources through agreements and transfer contracts, revokes Interministerial Ordinance No. 507/MP/MF/CGU, of November 24, 2011 and takes other measures.

THE MINISTERS OF STATE OF PLANNING, DEVELOPMENT AND MANAGEMENT, INTERIM, OF FINANCE and TRANSPARENCY, SUPERVISION AND CONTROLLER GENERAL OF THE UNION, in the use of the attribution conferred on them by item II of the sole paragraph of art. 87 of the Constitution, and in view of the provisions of art. 18 of Decree No. 6,170, of July 25, 2007, resolves:

TITLE I

GENERAL PROVISIONS

Art. 1 This Ordinance regulates the transfer instruments signed by bodies and entities of the Federal Public Administration with public bodies or entities or private non-profit entities for the execution of programs, projects and activities of reciprocal interest, which involve the transfer of financial resources originating from Tax Budget and Union Social Security.

§ 1 For the purposes of this Ordinance, the following are considered:

I – monitoring: monitoring activity of the physical execution of the goals, stages and phases of the Object agreed in the instruments, to be carried out by the Grantor or by Mandatory;

II – final beneficiaries: population directly benefited by Investments;

III – Remaining Assets: permanent equipment and materials acquired with resources from the instruments necessary to achieve the Object, but which are not incorporated into this;

IV – Grantor: body or entity of the Federal Public Administration, directly or indirectly, responsible for transferring resources, verifying financial compliance, monitoring execution and evaluating compliance with the Object of the instrument;

V – financial compliance: measurement of the financial execution of the Object agreed in relation to the provisions of the Work plan and in Project basic, carried out by Grantor or by Mandatory continuously, throughout the term of the instrument, with registration of any improprieties or irregularities in the Agreement and Transfer Contract Management System – SICONV;

SAW - Transfer Agreement: administrative instrument, of reciprocal interest, through which the transfer of financial resources is carried out through a federal public financial institution or agent, which acts as a representative of the Union;

VII – administrative contract for execution or supply CTEF: legal instrument that regulates the execution of work, supply of goods or services, regulated by Law No. 8,666, of June 21, 1993, and other rules pertinent to the matter, having as Contractor the body that appears as Convenient;

VIII – contract of Services provision – CPS: legal instrument that regulates the Services provision carried out by Mandatory in favor of Grantor, which must contain the delegated duties, the limitations of the mandate and the form of Remuneration for services;

IX – public consortium: legal entity formed exclusively by entities of the Federation, in accordance with Law No. 11,107, of April 6, 2005;

X – Convenient: body or entity of the direct or indirect Public Administration, of any sphere of government, public consortium or private non-profit entity, with which the Federal Public Administration agrees to carry out programs, projects and activities of reciprocal interest through agreements or transfer contracts;

XI – Health insurance: instrument that regulates the transfer of financial resources from bodies or entities of the Federal Public Administration, directly or indirectly, to bodies or entities of the State, District or Municipal Public Administration, direct or indirect, public consortia, or even private non-profit entities , aiming to carry out Project or activity of reciprocal interest, under a regime of mutual cooperation;

XII – Health insurance of revenue: adjustment in which federal bodies and entities appear as parties, receiving resources to execute state or municipal programs, or direct administration bodies, programs under the responsibility of the indirect administration entity, under a regime of mutual cooperation, in accordance with § 3 of art. 1st of Decree No. 6,170, of 2007;

XIII – design and alternative design study Project: technical parts used to describe the alternatives studied and justify the engineering solution adopted, based on technical, economic, social and environmental aspects;

XIV – stage or phase: division existing in the execution of a goal;

XV – inspection: activity that must be carried out systematically by the Convenient and its representatives, with the purpose of verifying compliance with contractual, technical and administrative provisions in all aspects;

XVI – Intervenor: direct or indirect Public Administration body or entity from any sphere of government, or private entity that participates in the instrument to express consent or assume obligations in its own name;

XVII – instruments: agreements and transfer contracts;

XVIII – mandatory: official federal financial institutions, which enter into and operationalize, on behalf of the Union, the instruments regulated by this Ordinance;

XIX – target: quantifiable portion of the Object described in the work plan;

XX – Object: Product of the instrument, observing the work program and its purposes;

XXI – bank order for voluntary transfers – OBTV: draft bank order for Payment expense of the instruments, forwarded virtually by SICONV to the Federal Government's Integrated Financial Administration System – SIAFI, upon authorized authorization Manager Financial and Expense Authorizing Convenient, both previously registered with SICONV, for later sending, by SIAFI itself, to the banking institution that will credit the bank's current account. Recipient end of expense;

XXII – control bodies: institutions linked to the Executive and Legislative Powers of the Union, the States, the Federal District and the Municipalities, which have constitutional designation to guide, audit, inspect and monitor the execution of government projects and activities in aspects of legality, effectiveness, economy and efficiency;

XXIII – standardization of Object: establishment of models or criteria to be followed in instruments aimed at achieving a similar objective, defined by the Grantor, especially regarding the characteristics of the Object and at its cost;

XXIV – Work plan: procedural piece that is part of the instruments, which highlights the details of the Object, justification, physical and financial schedules, expenditure application plan, as well as information on the specific current account, participants and their representatives.

XXV – Accountability financial: systematic monitoring procedure for financial compliance, considering the beginning and end of the validity of the instruments;

XXVI – Accountability technique: procedure for analyzing the elements that prove, under technical aspects, the full execution of the Object and the achievement of the results foreseen in the instruments;

XXVII- Project basic: set of necessary and sufficient elements, with an adequate level of precision, to characterize the work or service, or complex of works or services, prepared based on indications from preliminary technical studies, which ensure technical feasibility and adequate treatment of the environmental impact of the project, and that makes it possible to evaluate the cost of the engineering work or service and define the methods and deadline for execution;

XXVIII – Proponent: public body or entity or private non-profit entity that expresses, through a proposal or work plan, an interest in entering into an instrument regulated by this Ordinance;

XXIX – Job offer: initial procedural piece used for formal manifestation by public or private non-profit bodies or entities, interested in entering into the instruments regulated by this Ordinance, whose content includes the description of Object; the justification; indication of the target audience; to estimated resources of the Grantor It is Counterpart and information relating to the technical and managerial capacity of the Proponent.

XXX – reprogramming: procedure aimed at acceptance, by the grantor or Mandatory, of small adjustments or adjustments to the agreed instrument, total or partial mischaracterization of the object of the contract is prohibited.

XXXI – summary of the Project approved – SPA: standardized form containing the basic elements necessary to describe and quantify the main components of the Project engineering accepted by Mandatory, when the Object of the instrument include engineering works and services;

XXXII – additive term: instrument whose purpose is to modify the instrument already signed, with the amendment of the approved object being prohibited;

XXXIII – Term of Partnership: legal instrument provided for in Law No. 9,790, of March 23, 1999, for the transfer of resources to a private non-profit entity that has the qualification as an Organization of Civil society of Public Interest – OSCIP;

XXXIV- term of reference: document presented when the Object of the instrument involves the acquisition of goods or provision of services, which must contain elements capable of enabling the assessment of the cost by the Administration, given a detailed budget, considering the prices charged in the market in the region where the project will be carried out. Object, the definition of methods and the deadline for execution of the Object; It is

XXXV – executing unit: body or entity of the Public Administration, at the State, District or Municipal spheres, which may be responsible for the execution of the objects defined in the instruments referred to in this Ordinance, at the discretion of the party, as long as it is previously approved by the Grantor, and must be considered as a participant in the instrument.

§ 2º The decentralization of execution through the instruments provided for in this Ordinance, can only be carried out for public or private non-profit entities to execute objects related to their activities and that have the technical and operational conditions to execute it.

§ 3 The criteria for evaluating the technical and operational conditions for execution, provided for in § 2 of this article, will be subject to regulation through normative instructions from the Ministry of Planning, Development and Management.

§ 4º Case a Mandatory does not have the necessary technical capacity to regularly monitor the application of transferred resources, it will appear, in the Transfer Agreement, in quality of Intervenor, another public or private institution that will be responsible for the aforementioned monitoring.

§ 5º Exceptionally, engineering works and services initiated before the publication of this Ordinance, may, for their completion, be operationalized through agreements.

§ 6 Public Administration bodies or entities from any sphere of government that receive the transfers referred to in the caput must include them in their budgets.

§ 7 The Union is not obliged to sign the instruments set out in this Ordinance.

§ 8 In the event that the instrument is signed by an entity or body of the State, Federal District or Municipality, the federated entity to which it is linked or subordinate must participate as Intervenor in the instrument to be signed, unless the legal representative of the entity or body has the competence, in accordance with local regulations, to sign the instrument.

§ 9 The instruments referring to projects financed with resources of external origin must contemplate, as applicable, in addition to the provisions of this Ordinance, the rights and obligations contained in the respective loan agreements or non-refundable financial contributions concluded by the Federative Republic of Brazil with international bodies, foreign government agencies, multilateral credit organizations or supranational organizations.

Art. 2 The requirements of this Ordinance do not apply:

I – instruments:

a) concluded prior to the date of its publication, in which case the normative prescriptions in force at the time of its celebration must be observed, although the provisions of this Ordinance may be applied to them insofar as they benefit the achievement of the Object twoinstrument;

b) that have Object the delegation of competence or authorization to bodies or entities from other spheres of government to carry out duties determined by law, regulation or internal regulations, with the generation of shared revenue; It is

c) approved by the National Congress or authorized by the Federal Senate in cases where the provisions of treaties, agreements and specific international conventions conflict with this Ordinance, when the resources involved come entirely from an external source of financing;

II – to other cases in which specific law differently regulates the transfer of resources for the execution of programs in partnership between the Federal Government and state, municipal and Federal District governments or private non-profit entities.

III – transfers for the execution of actions within the scope of the Growth Acceleration Program – PAC, regulated by Law No. 11,578, of November 26, 2007, except as provided in Chapter I of Title I, of this Ordinance, where applicable; It is

IV – the terms of decentralized execution.

Art. 3 For the purposes of this Ordinance, the following levels are established for the purposes of celebration, monitoring of execution and Accountability:

I – Level I, for the execution of engineering works and services with transfer values equal to or greater than R$ 250,000.00 (two hundred and fifty thousand reais) and less than R$ 750,000.00 (seven hundred and fifty thousand reais);

II – Level II, for the execution of engineering works and services with transfer values equal to or greater than R$ 750,000.00 (seven hundred fifty thousand reais) and less than R$ 5,000,000.00 (five million reais);

III – Level III, for the execution of engineering works and services with transfer values equal to or greater than R$5,000,000.00 (five million reais);

IV – Level IV, for the execution of costs or acquisition of equipment with transfer values equal to or greater than R$100,000.00 (one hundred thousand reais) and less than R$ 750,000.00 (seven hundred and fifty thousand reais); It is

V – Level V, for the execution of costs or acquisition of equipment with transfer values equal to or greater than R$750,000.00 (seven hundred and fifty thousand reais).

Single paragraph. It will be up to the Ministry of Planning, Development and Management – MP, through the Commission SICONV Manager, reevaluate the values of the levels defined in the caput of this article every four years and, if deemed necessary, propose changes to the limits established in this Ordinance.

Art. 4 Acts and procedures relating to formalization, execution, monitoring, Accountability and information about Account Taking special partnership instruments and terms will be carried out at SICONV, open to public consultation, through the Agreements Portal.

§ 1º Acts that, by their nature, cannot be carried out at SICONV, will be registered there.

§ 2 For the execution of the instruments and other adjustments listed in the caput of this article, the bodies and entities referred to in art. 1 of this Ordinance must be registered with SICONV.

§ 3 Convenient must keep the documents related to the instrument for a period of 10 (ten) years, counting from the date on which the Accountability or the expiry of the deadline for submitting the Accountability.

§ 4 Financial transactions in the current account specific to the instrument must occur through the SICONV functionality called OBTV Voluntary Transfer Banking Order, in compliance with the provisions of the sole paragraph of art. 3rd of Decree No. 7,641, of December 12, 2011.

Art. 5 The bodies and entities of the Federal Public Administration that intend to execute programs, projects and activities that involve transfers of financial resources originating from the Union's Fiscal Budget and Social Security must annually register with SICONV the programs to be executed in a decentralized manner and, when applicable, criteria for the selection of Convenient.

§1º The programs referred to in the caput will be disclosed within 60 (sixty) days after the sanction of the Annual Budget Law and must contain the description, requirements, standards, procedures, eligibility and priority criteria, statistics and other elements that may assist the assessment of local needs.

§ 2 The eligibility and priority criteria must be established objectively, based on the guidelines and objectives of the respective programs, aiming to achieve better results in the execution of the program. Object, considering, among other aspects, the measurement of the technical qualification and operational capacity of the Convenient.

§ 3 Grantor must adopt clear, objective, simplified and standardized procedures that guide interested parties, in order to facilitate their direct access to the Federal Public Administration bodies.

§ 4 The availability of programs for the execution of instruments or terms of Partnership, will occur according to the opportunity and convenience of the body Grantor.

CHAPTER I

DEFINITIONS OF POWERS AND RESPONSIBILITIES IN THE CONTEXT OF UNION TRANSFERS

Art. 6 The powers and responsibilities of the Grantor:

I- manage projects and activities, through:

a) monitoring and monitoring physical and financial compliance during execution, in addition to evaluating physical execution and results;

b) framework analysis and selection of proposals presented by public administration bodies or entities, directly or indirectly, from any sphere of government, public consortium or public administration organization Civil society, with a view to signing the instruments;e.

c) transfer of financial resources to the Convenient.

II – operationalize the execution of projects and activities, through:

a) dissemination of normative acts and guidelines to parties;

b) analysis and acceptance of technical, institutional and legal documentation of selected proposals, including acceptance of the basic project;

c) signing of instruments and other adjustments resulting from selected proposals;

d) verification that the bidding procedure has been carried out by the contracting party, adhering to the documentation regarding: the contemporaneity of the event, the winning bidder's prices and their compatibility with the reference prices, the respective framework of the Object adjusted with the actually bid and the supply by Convenient express declaration signed by the legal representative of the body or entity Convenient, or registration in the SICONV that replaces it, attesting compliance with applicable legal provisions;

e) communication to municipal chambers and legislative assemblies of the signing of the term and the release of financial resources, within 2 (two) business days, counting from the date of release, in accordance with Law No. 9,452, of March 20, 1997;

f) monitoring, evaluation and measurement of the execution of the agreed object, as well as verification of the regular application of the installments of resources, conditioning their release on the fulfillment of previously established goals;

g) analysis and statement regarding the physical and financial execution of the Object agreed; It is

h) notification of Convenient, when an accounting of the resources applied is not presented or the misapplication of transferred public resources is found, and establishing, if applicable, the competent Account Taking Special.

§ 1 When the Object of the instrument refers to the execution of engineering works and services, the Union may delegate the attributions contained in the subparagraphs contained in item II of the caput of this article to official federal financial institutions through the execution of a contract of Services provision – Specific CPS, also competing with Mandatory chosen:

I – ensure faithful observance of its internal normative acts and those issued by the Grantor;

II – maintain the Grantor informed about the progress of transfer contracts and forward the necessary information to the process of monitoring and evaluating the execution and results of the actions; It is

III – allow free access of Grantor and federal control bodies to data and documents managed as a result of the Services provision – CPS addressed in this paragraph.

§ 2 Monitoring the execution of instruments by the grantor or institution Mandatory will consist of measuring the execution of the Object and its goals, stages and phases, as agreed Work plan integral part of the instruments, by checking the compatibility between them and those actually implemented.

§3º It is prohibited to reformulate the basic projects of engineering works and services approved by the Grantor or by the agent.

§ 4 Reprogramming, resulting from adjustments or adjustments, in the basic projects of instruments included in section I of art. 3rd of this Ordinance, approved by the Mandatory.

§ 5º A Mandatory You must check the existence of a Technical Responsibility Note – ART when dealing with engineering works and services.

§ 6º Grantor Or the Mandatory must carry out at SICONV the acts and procedures relating to formalization, execution, monitoring, Accountability and information about special accounting of instruments, when applicable, being responsible for the veracity of the information recorded.

§ 7 Upon becoming aware of any irregularity or illegality, the Grantor or Mandatory, it will inform the control bodies and, if there is a well-founded suspicion of crime or administrative impropriety, it will inform the Federal and State Public Ministries and the Federal Attorney General's Office.

Art. 7 The competences and responsibilities of the proponents or parties are:

I – forward to Grantor Or the Mandatory your proposals or work plans, in the form and deadlines established;

II – define by stage or phase the form of execution, direct or indirect, of the Object adjusted;

III – prepare the technical projects related to the agreed object, gather all legal and institutional documentation necessary for the execution of the instrument, in accordance with the regulations of the Program, as well as presenting documents of ownership of the intervention area, licenses and project approvals issued by the competent environmental body, body or entity at the municipal, state, district or federal level and public service concessionaires, as applicable, and in accordance with applicable legislation ;

IV – carry out and supervise the work necessary to achieve the Object agreed in the instrument, observing deadlines and costs, designating a qualified professional at the location of the intervention with the respective Technical Responsibility Note – ART;

V – ensure, in its entirety, the technical quality of projects and the execution of products and services established in the instruments, in accordance with Brazilian standards and regulations for programs, actions and activities, determining the correction of defects that may compromise the enjoyment of the benefit by the beneficiary population , when detected by the Grantor, mandatory or by control bodies;

VI – select the intervention areas and final beneficiaries in accordance with the guidelines established by the grantor or Mandatory, and may establish others that seek to reflect situations of economic and social vulnerability, informing the grantor or the Mandatory whenever there are changes;

VII – carry out, under its sole responsibility, whenever it opts for the indirect execution of works and services, the bidding process in accordance with Law No. 8,666, of 1993, and other rules pertinent to the matter, ensuring the correctness of legal procedures, the sufficiency of Project basic, of the budget spreadsheet discriminating the percentage of Social Charges and Bonuses and Indirect Expenses - BDI used, each with the respective details of its composition, by budget item or set of them, in addition to the availability of Counterpart, When it's the case;

VIII – present an express statement signed by the legal representative of the body or entity Convenient, or registration with SICONV that replaces it, attesting compliance with the legal provisions applicable to the bidding procedure, observing the provisions of art. 49 of this Ordinance;

IX – exercise, as a Contractor, supervision of the administrative execution or supply contract – CTEF;

X – encourage the participation of final beneficiaries in the preparation and implementation of the Object of the instrument, as well as in the maintenance of the assets generated by these Investments;

XI - in the case of the states, the Federal District and the Municipalities, notify the political parties, the workers' unions and the entities based in the entity, when the aliberation of financial resources occurs, as a way to increase the social control, as enshrined by Law no. 9,452, of 1997, providing notification by electronic means;

XII – operate, maintain and properly conserve the public assets generated by Investments arising from the instrument;

XIII – account for the resources transferred by the grantor or Mandatory intended for achieving the Object of the instrument;

XIV – provide the Grantor Or the Mandatory, at any time, information about the actions developed to enable the monitoring and evaluation of the process;

XV – predict in Notice bidding process and in the CTEF that the responsibility for the quality of works, materials and services executed or provided lies with the company contracted for this purpose, including the promotion of readjustments, whenever improprieties are detected that may compromise the achievement of the Object adjusted;

XVI – carry out at SICONV the acts and procedures relating to formalization, execution, monitoring, reporting and information about Account Taking special instruments, when applicable;

XVII – initiate administrative investigative proceedings, including disciplinary administrative proceedings, when the diversion or misuse of public resources, irregularities in the execution of the contract or financial management of the instrument are found, communicating this fact to the grantor or Mandatory;

XVIII – register with SICONV the extract from the Notice bidding process, the price estimated by the Public Administration for the execution of the service and the total price proposal offered by each bidder with their respective registration in the National Register of Legal Entities –

CNPJ, the approval and award term, the CTEF extract and its respective amendments, the ART Technical Responsibility Note for projects, executors and works inspection, and measurement bulletins;

XIX – maintain an effective communication channel, which will be widely publicized, for the Union to receive manifestations from citizens related to the Health insurance, enabling the recording of suggestions, compliments, requests, complaints and reports; and

XX – when the Object of the instrument refers to the execution of engineering works, include on signs and stickers indicating the works information about a channel for recording complaints, complaints and compliments, as provided for in the 'Manual for the Use of the Federal Government Brand – Works' of the Social Communication Secretariat of the Presidency of the Republic.

§ 1 Failure to comply with any of the obligations set out in the caput, without prejudice to any sanctions that may be applied, will impose on the Convenient providing clarifications to the grantor or the Mandatory.

§ 2º Having provided the clarifications referred to in § 1º, the grantor or the Mandatory, accepting them, will include the justification provided in the case files and inform the Ministry of Transparency, Inspection and Comptroller General of the Union.

§ 3 Upon becoming aware of any irregularity or illegality, the Convenient, it will inform the control bodies and, if there is a well-founded suspicion of crime or administrative impropriety, it will notify the Federal and State Public Ministries and the Federal Attorney General's Office.

§ 4 Inspection by the Convenient consists of administrative activity carried out in a systematic manner, provided for in Law No. 8,666, of 1993, with the purpose of verifying compliance with contractual, technical and administrative provisions in all aspects.

§ 5 When the Object of the instrument involves the execution of engineering works and services, inspection by the Convenient should:

I- maintain a professional or inspection team made up of qualified professionals with the necessary experience to monitor and control works and services;

II – present to the Grantor Or the Mandatory declaration of technical capacity, indicating the server or servers that will accompany the work or engineering service, as well as the Technical Responsibility Note – ART of the Services provision inspections to be carried out; It is

III – verify whether the materials applied and the services performed meet the quality requirements established by the technical specifications of the approved engineering projects;

§ 6º The server appointed by the Convenient, responsible for monitoring and inspecting the work, must sign and upload the inspection report for each measurement to SICONV.

§ 7 When the Object of the instrument involving the execution of engineering works and services, the use of tenders that:

I – use Project of engineering different from that previously approved and the carrying out of bidding in disagreement with the established in the Project basic or approved term of reference, under penalty of termination of the agreed instrument; It is

II – has been published on a date prior to the acceptance of the basic engineering project by the Mandatory.

CHAPTER II

PUBLIC CALL

Art. 8 For the execution of the instruments regulated by this Ordinance, the body or entity of the Federal Public Administration, with a view to selecting projects and bodies, public entities or private non-profit entities that make the execution of the Object, you can make a public call at SICONV, which must contain, at least:

I – description of the programs to be executed in a decentralized manner; It is

II – the objective criteria for selecting the Convenient, based on the guidelines and objectives of the respective programs.

§ 1 The public call must be publicized for a minimum period of 15 (fifteen) days, especially through publication on the first page of the official website of the granting body or entity, as well as on the Agreements Portal.

§ 2º It is mandatory to make a prior public call for the celebration of Health insurance or Transfer Agreement non-profit private comments, except for transfers from the Ministry of Health intended for health services that are part of the Unified Health System – SUS.

CHAPTER III

OF SEALS

Art. 9 The celebration of:

I – agreements for the execution of engineering works and services, except in the following cases:

a) instruments signed by indirect administration bodies that have a decentralized structure in the federation units to monitor the execution of engineering works and services; It is

b) instruments whose Object be linked to the budgetary function of national defense, observing the provisions of art. 8th of Decree nº 6,170, of July 25, 2007.

II – agreements for the execution of activities whose object is related to the Payment ongoing funding for the Proponent;

III- agreements with private entities, except with philanthropic and non-profit entities under the terms of § 1 of art.199 of the Federal Constitution;

IV – instruments for the execution of engineering works and services with a transfer value of less than R$ 250,000.00 (two hundred and fifty thousand reais);

V – instruments for the execution of costing expenses or for the acquisition of equipment with a transfer value lower than R$100,000.00 (one hundred thousand reais);

VI – any instrument regulated by this Ordinance:

a) between bodies and entities of the federal Public Administration, in which cases terms of decentralized execution must be signed;

b) with a body or entity, of public or private law, that is in default in its obligations in other instruments concluded with bodies or entities of the Federal Public Administration, except for instruments arising from individual parliamentary amendments under the terms of § 13 of art. 166 of the Federal Constitution, or irregular in any of the requirements of this Ordinance;

c) with individuals or legal entities governed by private law for profit, even if the latter are members of indirect administration, in the case of entities that explore economic activity;

d) aiming at the provision of services or execution of works to be funded, even if only partially, with external resources, without the prior contracting of the Credit Operation external;

e) with public or private non-profit entities whose Object social is not related to the characteristics of the Program or who do not have the technical conditions to carry out the proposed object; It is

f) with private non-profit entities, whose board of directors contains people who, in the last five years, have committed acts deemed irregular by definitive decision of the Federal Audit Court, as a result of the situations provided for in art. 16, item III, of Law No. 8,443, of July 16, 1992;

VII – any modality regulated by this Ordinance, private non-profit communities that have, in their previous relations with the Union, engaged in at least one of the following conducts:

a) omission in the duty to provide accounts;

b) unjustified non-compliance in the execution of the Object of instruments or terms of Partnership agreed;

c) misuse of purpose in the application of transferred resources;

d) occurrence of damage to the Treasury; or

e) practice of other illegal acts in the execution of the instruments or terms of Partnership agreed; It is

VIII – instruments with establishments registered as a branch with the CNPJ.

§ 1 For the purposes of reaching the limits established in sections IV and V of the caput, the establishment of a consortium between the direct and indirect Public Administration bodies and entities of the States, Federal District and Municipalities is permitted.

§ 2º The body and entity Grantor will proceed, according to their own rules and under their exclusive responsibility, to the inclusions in the Informative Register of Unpaid Credits of the Federal Public Sector – CADIN, of natural or legal persons that fit into the hypothesis provided for in subparagraph “b” of item VI of the caput, observing the rules in force in this regard. of this registration, in particular Law No. 10,522, of July 19, 2002.

§ 3º The values relating to the service tariff of the Mandatory, corresponding to services for operationalizing the execution of projects and activities established in item II of the caput of art. 6th of this Ordinance, for the purposes of calculation and accounting appropriations of the values transferred, make up the value of the transfer from the Union referred to in items IV and V of the caput of this article.

§ 4 Additional tariffs, as well as monetary update increases or charges related to tariffs, to which the Mandatory come to be entitled to under the conditions agreed in the service provision contracts signed with the Federal Administration, must include Programming Category specific or run to the account of appropriations destined for financial transfers to public and private non-profit bodies and entities.

§ 5 For the purposes of the provisions of paragraph “c” of section VI of the caput, indirect administration entities that develop economic activity in the strict sense are understood to be those that carry out activities under a competitive regime or that have the objective of distributing profits to their shareholders.

§ 6 In the case of § 4, it will be up to the entity Proponent demonstrate that you do not have Profitable Purpose in the terms set out above.

§7º The bodies and entities of the Federal Public Administration, must terminate within 24 (twenty-four) months, the current agreements whose Object is related to Payment ongoing funding of the Proponent.

CHAPTER IV

MULTI-YEAR NURITY

Art. 10. In instruments regulated by this Ordinance, whose duration exceeds one Financial Year, the credit and respective commitment to meet the expense in the current year will be indicated, as well as each installment of the expense relating to the part to be executed in a future year, by means of an apostille.

Single paragraph. The forecast of execution of budgetary credits in future years, referred to in the caput, will result in the responsibility of the Grantor include in its budget proposals for the following years the necessary allocation for the implementation of the instrument.

CHAPTER V

FROM THE PUBLIC CONSORTIUM

Art. 11. Federal Public Administration bodies and entities will give preference to voluntary transfers to States, Federal Districts and Municipalities whose actions are developed through public consortia, constituted in accordance with the provisions of Law No. 11,107, of 2005.

Art. 12. The execution of the instrument with a public consortium for the transfer of Union resources is subject to compliance, by the consortium federative entities, with the applicable legal requirements, and its execution is prohibited if there is any irregularity on the part of any of the consortium entities.

Art. 13. The States, the Federal District and the Municipalities may execute the Object of the instrument signed with the Union through a public consortium to which they are associated.

Single paragraph. For the purposes of the provisions of the caput, the instrument may indicate the public consortium as responsible for execution, without prejudice to the responsibilities of the parties.

TITLE II

REGISTRATION, Job offer,FROM THE Counterpart, OF Work plan AND BASIC PROJECT AND TERMS OF REFERENCE

CHAPTER I

REGISTRATION

Art. 14. Public or private non-profit bodies or entities that intend to enter into the instruments regulated by this Ordinance or terms of Partnership with the Federal Public Administration must register in advance with SICONV.

§ 1 Prior registration with SICONV can be carried out at any internet access terminal and will allow access to the System and the operation of all stages and phases of the instruments regulated by this Ordinance.

§ 2 The registration will contain, at a minimum, the following information:

I- company name, registration number in the National Register of Legal Entities – CNPJ, address, telephone and email address; and

II – nominal list of directors, with address, telephone number, email address, number and body issuing the identity card and Individual Taxpayer Registry – CPF.

§ 3 Public or private non-profit bodies or entities are responsible for the information entered in the registration and must update it whenever there is a modification or request from the System itself.

§ 4 The registration in SICONV of public or private non-profit bodies or entities that do not update or confirm the information, in accordance with § 3 of this article, will remain in pending status and will make it impossible to sign new instruments until the registration is regularized.

CHAPTER II

FROM THE Job offer

Art. 15. To present Job offer, the interested party must be registered with SICONV.

Art. 16. Proponent registered person will express their interest in entering into the instruments regulated by this Ordinance by presenting a Job offer in SICONV, in accordance with the Program and with the guidelines available in the System, which will contain, at a minimum:

I – description of the Object to be executed;

II – justification containing the characterization of reciprocal interests, the relationship between the proposal presented and the objectives and guidelines of the Program federal, and the indication of the target audience, the problem to be solved and the expected results;

III – estimate of financial resources, detailing the transfer to be carried out by the Grantor or Mandatory and the compensation provided for the Proponent, specifying the value of each installment and the amount of all resources, as established by law;

IV – expected deadline for execution; It is

V – information relating to the technical and managerial capacity of the proponent to execute the project Object.

Single paragraph. The description of Object must be carried out in a concise, if possible standardized, manner, and must be in accordance with the objectives and guidelines of the Program who will welcome you Job offer.

Art. 17. Grantor will analyze the Job offer It is:

I – in the case of acceptance:

a) will carry out the pre-commitment, which will be linked to the proposal and can only be changed through SICONV; It is

b) will ask the Proponent the inclusion of the work plan in SICONV.

II – in case of refusal:

a) register the rejection with SICONV; It is

b) communicate to the Proponent rejection of the proposal.

CHAPTER III

FROM THE Counterpart

Art. 18. Counterpart will be calculated on the total value of the object and, if financial, must be deposited in the instrument's specific bank account in accordance with the deadlines established in Disbursement Schedule.

§ 1º A Counterpart, to be contributed by the Convenient, the percentages and conditions established in the annual federal budget guidelines law in force at the time of the instrument will be calculated.

§ 2 Proof by the Proponent that the proposed counterpart is duly assured, must occur prior to the execution of the instrument.

§ 3º The forecast of Counterpart to be contributed by public bodies, exclusively financial, must be proven through Budget forecast.

§ 4 When signing instruments with private non-profit entities, the body Grantor must observe the counterpart rules set out in the annual federal law on budgetary guidelines.

§5º The contributions of Counterpart must comply with the agreed Work plan, and installments may be brought forward, in whole or in part, at the discretion of the Convenient.

CHAPTER IV

OF Work plan

Art. 19. Work plan, which will be evaluated by Grantor,it will contain, at a minimum:

I – justification for signing the instrument;

II – complete description of the Object to be executed;

III – description of the goals to be achieved;

IV – definition of the stages or phases of execution;

V – cost compatibility with the Object to be executed;

VI- execution schedule of the Object and disbursement schedule; It is

VII – application plan for the resources to be disbursed by the Grantor and from Counterpart financial Proponent, if applicable.

Art. 20. Work plan will be analyzed for smoothness and suitability for the objectives of the Program and, in the case of private non-profit entities, their technical qualifications and operational capacity for managing the instrument will be assessed, in accordance with criteria established by the body or entity transferring the resources.

§ 1º It will be communicated to the Proponent any irregularity or inaccuracy found in the Work plan, which must be remedied within the period established by the Grantor.

§ 2º The absence of the manifestation of the Proponent within the stipulated deadline will result in withdrawal from the continuation of the process.

§ 3º The adjustments made during the execution of the object will integrate the Work plan, as long as they are previously submitted and approved by the competent authority.

CHAPTER V

OF Project BASIC AND TERM OF REFERENCE

Art. 21. In instruments, the Project basic information accompanied by a Technical Responsibility Note – ART, or the term of reference, must be presented before the celebration, being provided to the Grantor demand them later, as long as before the release of the first installment of resources.

§ 1 Project basic or the term of reference may be waived in the case of standardization of the Object, at the discretion of the competent authority of the Grantor, in a reasoned order.

§ 2º Project basic or the term of reference must be presented within the deadline set in the instrument, extendable once for the same period, counting from the date of execution, depending on the complexity of the Object.

§ 3 The period referred to in § 2 cannot exceed 18 (eighteen) months, including extension, if any.

§ 4 Project basic or the term of reference will be assessed by the Grantor or by Mandatory and, if approved, will be part of the work plan.

§ 5º In cases where there are divergences in values between the Work plan approved and the Project basic or approved term of reference, participants must provide changes to the work plan and instrument.

§ 6. Remediable defects found in the Project basic or terms of reference, these will be communicated to the Convenient, which will have a period of time to resolve them.

§ 7º If the Project basic or the term of reference is not delivered within the deadline established in § 2 or receives Seem contrary to its approval, the proposal or instrument will be terminated, if it has already been signed.

§ 8 Expenses relating to the cost of preparing the basic project or term of reference may be covered with resources arising from the agreed instrument, provided that the disbursement Grantor focused on preparing the Project base or term of reference is not more than 5% (five percent) of the total value of the instrument.

§ 9º When there is, in the Work plan, the forecast of transfer of resources for the preparation of Project basic or term of reference, the release of the amount corresponding to the cost of the service will take place after the execution of the instrument and acceptance of the respective bidding process, according to the release schedule agreed between the parties.

§ 10 In cases where the Grantor disburse resources for the preparation of the Project basic or term of reference, rejection by the Grantor of these pieces, entails the immediate return of the resources to the Union's coffers, under penalty of the establishment of special accounting.

§ 11 In the case of engineering works or services, the final cost analysis borne by the Mandatory will be carried out after the reference budget has been delivered, observing the provisions of arts. 16 to 18 of Decree No. 7,983, of April 8, 2013, and preliminary field visit.

§ 12 Prior to acceptance of the Project basic by Mandatory, for the execution of engineering works and services covered by item III of art. 3rd of this Ordinance, the Proponent must present a study of design alternatives Project, whose analysis by Mandatory is a condition for approval of the basic project.

§ 13 Grantor Or the Mandatory must require the proponent to present a plan for Sustainability of the project to be carried out or the equipment to be acquired, except in cases where it is proven that it is unnecessary to present the said plan.

§ 14 The Ministry of Planning, Development and Management must, through normative instruction, establish accessibility rules and guidelines to be observed in engineering works and services funded with resources from the instruments regulated by this Ordinance.

TITLE III

OF THE CELEBRATION

CHAPTER I

CONDITIONS FOR THE CELEBRATION

Art. 22. Conditions for the execution of instruments are to be fulfilled by the Convenient, as provided for in Complementary Law No. 101, of May 4, 2000, in the Budgetary Guidelines Law and in other applicable standards:

I – exercise of full tax jurisdiction, relating to compliance with the requirements set out in art. 11 of Complementary Law No. 101, of 2000, valid until April 30 of the subsequent year, for Municipalities, and until May 31 of the subsequent year, for States and the Federal District, and proven by the insertion, through digital certification, declaration by the Head of the Executive Branch, in the Brazilian Public Sector Accounting and Fiscal Information System – Siconfi, or the system that replaces it, attesting that he instituted, predicted and collected taxes within the constitutional competence of the entity of the Federation;

II – social security regularity, constituted by compliance with the criteria and general rules for the organization and operation of public servants' own social security regimes, through the issuance of the CRP Social Security Regularity Certificate, in compliance with the provisions of art. 7th of Law No. 9,717, of November 27, 1998, and Decree No. 3,788, of April 11, 2001, being valid within the term and conditions of the respective certificate;

III – regularity regarding Federal Taxes, Social Security Contributions and Active Debt of the Union, according to data from the Negative Debt Certificate relating to Federal Tax Credits and Active Debt of the Union referred to in Ordinance PGFN/RFB No. 1,751, of October 2, 2014 , provided by the systems of the Secretariat of Federal Revenue of Brazil -RFB and the Attorney General of the National Treasury -PGFN, in compliance with the provisions of paragraph “a” of section

IV of § 1 of art. 25 of Complementary Law No. 101, of 2000, in item IV of art. 27, in art. 29 and in art. 116, all of Law No. 8,666, of 1993, and in § 3 of art. 195 of the Federal Constitution, the information being valid within the term and conditions of the respective certificate;

IV – regularity before the Federal Public Power, according to the consultation of the Informative Register of Unpaid Credits of the Federal Public Sector - CADIN, whose verification of the existence of debts before the bodies and entities of the Federal Public Power complies with the provisions of art. 6th of Law No. 10,522, of 2002, its proof being verified through information from the registration maintained in the Information System of the Central Bank of Brazil – SISBACEN, of BancoCentral do Brasil -BACEN, and in accordance with the procedures of the said Law;

V – regularity regarding Contributions to the Bottom Service Time Guarantee – FGTS, according to data from the Certificate of Regularity of the Bottom in Guarantee of Service Time - CRF/FGTS, provided by the Caixa EconômicaFederal Control System - CAIXA, whose proof of regularity, regarding the deposit of installments due to the Bottom, complies with the provisions of the articles. 29, item IV, and 116 of Law No. 8,666, of 1993, and art. 25, item IV of Complementary Law No. 101, of 2000, being valid within the term and conditions of the respective certificate;

VI – regularity regarding Accountability of Federal Resources previously received, upon consultation:

a) to the Transfer Subsystem of the Federal Government Financial Administration System – SIAFI, of the National Treasury Secretariat – STN, for instruments signed under the auspices of STN Normative Instruction nº 1, of January 15, 1997;

b) to SICONV, for those signed under the aegis of Interministerial Ordinance MP/MF/MCT no. 127, of 2008, of Interministerial Ordinance no. 507/MP/MF/CGU, of November 24, 2011, and under the aegis of this Ordinance;

VII – regularity in relation to Financial Compliance in Loans and Financing granted by the Union, and administered by the Secretariat of National treasure – STN, in compliance with the provisions of art. 25, § 1, item IV, paragraph “a”, of Complementary Law No. 101, of 2000, proven through compliance information provided by the STN;

VIII – minimum application of resources in the area of Education, in compliance with the provisions of art. 212, of the Federal Constitution, and in art. 25, para. arising from transfers, whose data for the completed year must be provided by the Federative Entity to the Bottom National Development Agency for Education – FNDE, for processing by the Information System on Public Budgets in Education – SIOPE, proven through its statement, valid until the presentation of data for a new year, limited to the date of January 30th of the subsequent year, or, in the impossibility of verification through this system, presentation of a certificate issued by the competent Court of Auditors, as provided in art. 23 of Decree No. 6,253, of November 13, 2007;

IX – minimum application of resources in the area of Health, in compliance with the provisions of art. 198, § 2, of the Federal Constitution, in arts. 6th and 7th of Complementary Law No. 141, of January 13, 2012, and in art. 25, para. whose data from the completed year must be provided by the Federal Entity to the Ministry of Health – MS, for processing by the Information System on Public Health Budgets SIOPS, proven through its statement, or, if verification is impossible through this system, presentation of a certificate issued by the Competent Court of Auditors;

X – publication of all RGF Fiscal Management Reports, from the current and previous years, from each of the Powers and bodies listed in art. 20 of Complementary Law No. 101, of 2000, including the Public Defender's Offices, within a period of up to thirty days after the end of each four-month period, in compliance with the provisions of articles. 54 and 55, or semester, for entities that meet the requirements and make the option provided for in art. 63, item II, paragraph “b”, of Complementary Law nº 101, of 2000, valid until the deadline for publication relating to the subsequent period, verified by presentation, to the Manager of body or entity Grantor, published reports, or by approval of the report in the Accounting and Tax Information System of the Public sector Brazilian – Siconfi, or system that replaces it, or insertion, in the same system, by the Chief of the Executive Branch, of attestation of the publication of the RGF, including in electronic means of public access, of all bodies and powers of the respective entity of the Federation.

XI – there is no prohibition on receiving voluntary transfers due to non-compliance with the following limits, in compliance with the provisions of art. 23, § 3, and art. 25, item IV, item “c”, of Complementary Law No. 101, of 2000, of each of the Powers and bodies listed in art. 20 of the same Complementary Law, verified by analysis of the Fiscal Management Report – RGF prepared in accordance with the guidelines set out in the Secretariat's Fiscal Statements Manual National treasure, sent through the Accounting and Tax Information System of the Public sector Brazilian – Siconfi, or system that replaces it, or upon declaration by the Chief

of the Executive Branch, together with proof of sending the declaration to the respective Court of Auditors by means of a protocol receipt, acknowledgment of receipt or registered letter, to be delivered to the Manager of the body or entity Grantor, valid until the date of publication of the subsequent RGF, certifying that the Powers and bodies did not exceed the limits:

a) the total expenditure on personnel contained in the annex to the RGF which deals with Personnel Expenses;

b) consolidated and securities debts contained in the annex to the RGF that deals with the Consolidated debt Liquid;

c) credit operations, including advance revenue, as set out in the annex to the RGF that deals with Credit Operations; It is

d) registration in Remains to Pay, applicable for the last year of the mandate, contained in the annex to the RGF that deals with Availability of Cash and Remains to Pay.

XII – forwarding of the Annual Accounts, for the consolidation of the accounts of the Federation entities, relating to the last 5 years, in compliance with the provisions of art. 51 of Complementary Law No. 101, of 2000, through a declaration approved in the Accounting and Tax Information System of the Public sector Brazilian - Siconfi, which must occur by the deadlines of April 30th of the subsequent fiscal year, for Municipalities, and May 31st of the subsequent fiscal year, for States or the Federal District and in the manner defined by the General Standards related to consolidation, nationally and by sphere of government, edited by the Secretariat of National treasure;

XIII- publication of all Budget Execution Summary Reports – RREO, for the current and previous years, within a period of up to thirty days after the end of each two-month period, in compliance with the provisions of arts. 52 and 53 of Complementary Law nº 101, of 2000, valid until the deadline for publication relating to the subsequent period, verified by the presentation, to the Manager of body or entity Grantor, of the published report, or by approval of the report in the Brazilian Public Sector Accounting and Fiscal Information System – Siconfi, or system that replaces it, or by attestation, inserted in the same system, from the Head of the Executive Branch, through digital certification , attesting to the publication of the RREO, including in publicly accessible electronic media.

XIV- proof that the Expenses of a Continuous Character Derived from the set of Public-Private Partnerships already contracted in the previous year are limited to 5% (five percent) of the net current revenue for the year and that the annual expenses of the contracts in force in the subsequent 10 (ten) years are limited to 5% (five percent) of Current Revenue net projected for the respective years, as provided in art. 28, of Law No. 11,079, of December 30, 2004; proven through analysis of annex XVII of the Budget Execution Summary Report - RREO for the 6th bimester, in accordance with the guidelines set out in the Fiscal Statements Manual of the Secretariat of National treasure, sent through the Brazilian Public Sector Accounting and Fiscal Information System – Siconfi, or system that replaces it, or through a declaration of regularity regarding the limits established in Law No. 11,079, of 2004, from the head of the executive or the finance secretary, together with sending the declaration to the competent Audit Court by means of a protocol receipt, acknowledgment of receipt or registered letter valid until January 30 of the following year;

XV – proof of regularity regarding the Payment of Judicial Precatório, proven by means of a certificate issued by the Defaulters Registry of the National Council of Justice CEDIN, available on the Internet, or by means of a certificate from the competent Court of Justice, Regional Labor Court and Federal Regional Court, or, even, by means of a declaration of regularity as to the Payment of judicial orders from the chief executive or the finance secretary together with the sending of the declaration to the aforementioned courts by means of a protocol receipt, acknowledgment of receipt or registered letter, which must indicate whether the entity adheres to the regime referred to in art. 97, § 10, item IV, paragraph “b”, of the Transitional Constitutional Provisions Act, what is the periodicity of Payment and the next due date;

XVI – proof of disclosure of budgetary and financial execution through electronic means of public access and detailed information relating to revenue and expenditure in compliance with the provisions of art. 73-C of Complementary Law No. 101, of 2000, proven by means of a declaration of compliance, valid in the month of signature, together with the remittance of the declaration to the respective Court of Auditors by means of a protocol receipt, acknowledgment of receipt or registered letter;

XVII – there is no prohibition against the receipt of voluntary transfers under the terms of art. 33, combined with item I of § 3 of art. 23, both of Complementary Law nº 101, of 2000, proven by means of a declaration, valid in the month of signature, that it did not carry out Credit Operation framed in § 1 of art. 33 of Complementary Law No. 101, of 2000, together with proof of submission of the declaration to the respective Court of Auditors through receipt of the protocol, acknowledgment of receipt or registered letter; It is

XVIII – provision of the list of public companies and mixed-capital companies to the Public Registry of Commercial Companies and Related Activities referred to in Decree No. 1,800, of January 30, 1996, as prescribed in art. 92 of Law No. 13,303, of June 30, 2016, proven by means of a declaration, valid in the month of signature, together with proof of sending the declaration to the respective Court of Auditors by means of a protocol receipt, acknowledgment of receipt or registered letter.

§ 1 Verification of the requirements for receiving voluntary transfers must be carried out at the time of signing the respective instrument, as well as when signing the corresponding value additions, and is not necessary in the financial releases of resources, which must comply with the disbursement schedule set out in the instrument.

§ 2 The demonstration of compliance with the requirements, by the States, Federal District and Municipalities, respective Indirect Administrations and private non-profit entities, must be made through presentation by the Proponent, to the Grantor, proof of its regularity and the executing unit, when applicable.

§ 3 At the discretion of the Proponent, for the purposes of §1, an extract issued by the Auxiliary Information Service for Voluntary Transfers - CAUC, made available by the National Treasury Secretariat, or a system that may replace it, may be used only in relation to the requirements that are reflected in the said extract.

§ 4 The list of requirements mentioned in this article, which are reflected in the aforementioned extract, is available on the website of the Secretariat of National treasure.

§ 5 The information reflected in the aforementioned extract is the responsibility of the competent bodies and entities, and the Secretariat is responsible for National treasure only the consolidation and availability of these in the system mentioned in § 3 of this article.

§ 6º Proponent must prove the other requirements not included in the extract issued by the requirements consultation system made available by the Secretariat of National treasure.

§ 7 Verification of compliance with the requirements contained in this article will be carried out by consulting:

I – the registration number contained in the National Register of Legal Entities – CNPJ, maintained by the Ministry of Finance -MF, of the Federative Entity (Intervenor) and the direct administration body(Convenient), for instruments with direct administration; or

II – exclusively, to the registration number in the National Register of Legal Entities -CNPJ of the indirect Administration entity beneficiary of the voluntary transfer.

§ 8 The requirements contained in this article, relating to the Proponent, when this is a Public Administration body or entity.

§ 9 Registration in the National Register of Legal Entities CNPJ of the Federative Entity (Intervenor) will be the main CNPJ registration number.

§ 10. Proof of compliance with the obligations described in items I, VIII, IX, value of their portions of resources, from the date on which the aforementioned proof is given.

§ 11. To the instruments signed:

I – with indirect Administration, only the requirements set out in items III, IV, V, VI and VII of the caput apply; It is

II – with private non-profit entities, only the requirements set out in items III, IV, V and VI of the caput apply.

§12. For the purposes of applying the sanctions of suspension of voluntary transfers contained in Complementary Law No. 101, of 2000, those relating to education, health and social assistance actions are excluded.

§ 13. The restriction on the transfer of federal resources to States, the Federal District and Municipalities intended for the execution of social actions and actions in the border strip is suspended, as a result of defaults Object registration in CADIN and the Federal Government's Integrated Financial Administration System – SIAFI.

§ 14. It is a condition for the execution of instruments, the existence of Budget Allocation specific in the budget of Grantor, which must be highlighted on the instrument, indicating the respective Note of Commitment.

§ 15. Possible signs of irregularity in relation to the contracting of credit operations with financial institutions, as set out in art. 33, combined with item I of § 3 of art. 23, both of Complementary Law No. 101, of 2000, must be sent to the Central Bank of Brazil and the respective Court of Auditors.

§ 16. In addition to the requirement for the declaration referred to in item XVI of the caput, presented by the Proponent, the grantor must consult the specific functionality in SICONV to verify the absence of impediments resulting from non-compliance with the provisions of art. 73-C of Complementary Law No. 101, of 2000.

§ 17. The functionality referred to in § 16 will contain information about non-compliance with the provisions of art. 73-C of Complementary Law No. 101, of 2000, by the entities of the federation, provided through communication by the State and Municipal Audit Courts or by the Federal or State Public Ministries, which may be carried out directly at SICONV.

§ 18. Any impediment reported by the Audit Courts, in accordance with §§ 16 and 17 of this article, will prevail in relation to the declaration of compliance referred to in item XVI of the caput.

§ 19. The proponents and executing units mentioned in §8 of this article must be registered with SICONV using the registration number in the National Register of Legal Entities – CNPJ as a parent establishment, as defined in Normative Instruction No. 1,183, of August 19, 2011, from the Federal Revenue Secretariat of Brazil.

§ 20. The publication of the Reports mentioned in items X and XIII of the caput, in the year in which this Ordinance comes into force, will only be applicable to reports for the current year.

§ 21. In addition to the requirements contained in item II of § 11 of this article necessary for the execution of non-profit private community instruments, observing the provisions of item III of art. 9th of this Ordinance, the entity Proponent must present:

I- declaration by the legal representative of the private non-profit entity that it is not impeded in the Register of Impeded Private Non-Profit Entities – Cepim, in SICONV, in SIAFI, and in CADIN; It is

II – negative certificate referring to the National Registry of Civil Convictions for Acts of Administrative Improbity and Ineligibility, supervised by the National Council of Justice.

Art. 23. Without prejudice to the provisions of art. 22 of this Ordinance, the conditions for the execution of instruments are:

I – registration of Convenient updated in SICONV at the time of celebration, in accordance with art. 14 of this Ordinance;

II – Work plan approved;

III – prior environmental license, when the instrument involves works, installations or services that require environmental studies, as regulated by the National Environmental Council – CONAMA; and

IV – proof of the full exercise of the powers inherent to the ownership of the property, through a certificate issued by the competent property registry office, when the object of the instrument is the execution of works or improvements to the property.

§ 1 For authorization to begin the adjusted object, a declaration from the Head of the Executive Branch may be accepted, under the penalties of art. 299 of the Penal Code, that the Convenient owns the area Object of the intervention, when it is a public area, and the formal regularization of the property must be proven by the end of the execution of the Object of the instrument.

§ 2º As an alternative to the certificate provided for in section IV of the caput, the following is permitted, for public or social interest, subject to the underlying guarantee of use for a minimum period of 20 (twenty) years:

I – proof of regular occupation of the property:

a) in an area expropriated by the State, by the Municipality, by the Federal District or by the Union, with a final and unappealable sentence in the expropriation process;

b) in a vacant area;

c) received in Donation:

1. of the Union, the State, the Municipality or the Federal District, already approved by law, as applicable, and, if necessary, including when the process of registering ownership of the property is still in progress; It is

2. of an individual or legal entity, including when the process of registering ownership of the property is still in progress, in this case, with a formal promise of Donation irreversible and irrevocable;

d) that, although it has not yet been duly registered in the competent property registry office, it belongs to a State that was established as a result of the transformation of a Federal Territory, or even to any of its Municipalities, by virtue of constitutional or legal mandate;

e) belonging to another public entity other than the Proponent, as long as the intervention is authorized by the owner, through an act of the head of the executive branch or holder of the body holding the delegation for that purpose;

f) that, regardless of its dominance, is inserted in a Special Zone of Social Interest – ZEIS, established in the manner provided for in Law No. 10,257, of July 10, 2001, and, in this case, the following documents must be presented:

1. copy of the publication, in an Official Press periodical, of the state, municipal or federal district law establishing the ZEIS;

2. demonstration that the property Recipient of investment is found in the ZEIS established by the law referred to in item 1 of this paragraph; It is

3. declaration signed by the Head of the Executive Branch of the federative that the Convenient is committed to the fact that the inhabitants of ZEIS will benefit from actions aimed at regularizing the land tenure of the inhabited area to safeguard their right to housing;

g) Object of a ruling favorable to the occupants, passed in court, handed down in a judicial action for adverse possession or granting of special use for housing purposes, under the terms of art. 183 of the Federal Constitution, Law No. 10,257, of 2001, and Provisional Measure No. 2,220, of September 4, 2001; It is

h) fallen by the Institute National Historical and Artistic Heritage – IPHAN, as long as there is acquiescence from the Institute;

II – irreversible and irrevocable contract or commitment destituting real rights over the property, in the form of assignment of use, concession of real right of use, concession of special use for housing purposes, tenure or surface rights, meeting the following requirements:

a) the owner who signs the constitution of the real right will not be able to exercise any type of management or interference over the area of the property, nor will it be possible to impede or limit free access to the benefiting population;

b) since the area of the transferred property is located entirely within private property, the validity of the constitution of the real right will be conditioned on the effective and preliminary constitution of the respective easement of way to the location of the Object of the instrument, and there cannot be any type of restriction or obstruction of access to the benefited population; It is

c) remains the Convenient responsible for compliance with the Object adjusted for the respective period of the aforementioned assignment or equivalent, under penalty of application of penalties in accordance with current legislation;

III – proof of occupation of the area Object of the instrument:

a) by remaining community of quilombos, certified under the terms of § 4 of art. 3rd of Decree No. 4,887, of November 20, 2003, by the following document:

1. administrative act that recognizes the limits of the area occupied by the remaining quilombo community, issued by the body of the Federal entity responsible for its title; or

2. declaration by the body, from any of the federative entities, responsible for territorial planning or land regularization, that the area Object of the instrument is occupied by a remaining quilombo community, if the act of decree referred to in item 1 of this paragraph has not been issued; It is

b) by an indigenous community, through a document issued by the Foundation National Indian – FUNAI.

§ 3º In the cases provided for in paragraph “a” of item I of § 2º of this article, when the expropriation process is not completed, proof of the full exercise of the powers inherent to the ownership of the property is permitted via the Provisional Imission of Possession Term or court permit of the court where the process is being processed, and, if these documents have not been issued, the presentation, by the Proponent of the instrument, a copy of the publication, in the Official Press, of the expropriation decree and the General Property Registry – RGI of the property, accompanied by the extrajudicial agreement signed with the expropriated person.

§ 4º In the hypothesis provided for in paragraph “c”, of item I, of § 2º of this article, it is imperative to present the formal promise of donation (term of Donation), irreversible and irrevocable, if the registration process of the Donation has not yet been completed.

§ 5º When the instrument is Object housing or urbanization works of public or social interest, must be included in the authorization instrument or, if applicable, in the contract or commitment, referred to in paragraph “f”, of item I and item II, both of § 2 of this article, the obligation to carry out land regularization in favor of the resident families or the transfer of the property to the person proposing the instrument so that he or she can promote it.

§ 6 At the discretion of the Grantor, the documents provided for in sections III and IV of the caput may be sent together as Project basic, after the celebration, applying § 3 of art. 21 of this Ordinance regarding deadlines.

Art. 24. Instruments may be signed with provision of conditions to be fulfilled by the Convenient, except those provided for in art. 22 of this Ordinance, and until the condition is met, the agreed celebration will not take effect.

§ 1. The deadline set in the instrument for compliance with the condition, provided that adjustments are made to the Work plan and justifications are presented, it may be extended, in accordance with the regulatory act of the highest authority of the Grantor, for a single time, of the same period, not exceeding eighteen months, including extension, if any, and the instrument must be extinguished in the event of non-compliance with the condition;

§ 2. For instruments signed by the Ministry of Health, the period provided for in § 1 may be up to twenty-four months.

Art. 25. Ownership of Remaining Assets It's from Convenient, unless expressly provided otherwise in the signed instrument.

CHAPTER II

FORMALIZATION OF THE INSTRUMENT

Art. 26. The preamble of the instrument will contain the sequential numbering in SICONV, the complete qualification of the participants and finality.

Single paragraph. The preamble will also include the complete qualification of the Intervenor and from Mandatory, when.

Art. 27. Clauses required in the instruments regulated by this Ordinance are those that establish:

I – o Object and its characteristic elements, in line with the Work plan, which will be part of the signed term regardless of transcription;

II – the obligations of each of the participants;

III – a Counterpart, observing the provisions set out in art.18 of this Ordinance;

IV – the obligations of the Intervenor, if applicable, the execution of activities provided for in the Work plan;

V – the term, established in accordance with the deadline set for achieving the Object and depending on the established goals;

VI – the obligation of the Grantor “ex officio” extend the validity of the instrument before its expiration, when it causes a delay in the release of resources, the extension being limited to the exact period of the delay verified;

VII – the prerogative of the body or entity transferring the financial resources to assume or transfer responsibility for the execution of the Object, in the event of a stoppage or the occurrence of a relevant factor, in order to avoid its discontinuity;

VIII – the budgetary classification of the expenditure, mentioning the number and date of Note of Commitment and declaration that, in additional terms or handouts, the credits and commitments to cover each portion of the expense to be transferred to a future financial year will be indicated;

IX – the Disbursement Schedule according to the work plan, including the resources of the Counterpart agreed, when applicable;

X – the obligation to Convenient regularly include in SICONV the information and documents required by this Ordinance, keeping it updated;

XI – the obligation to refund resources, in the cases provided for in this Ordinance;

XII – in the case of a public body or entity, the information that the resources to meet expenses in future years, in the case of investment, are set out in the multi-annual plan or in a previous law that authorizes them;

XIII – the obligation of the Convenient to maintain and move resources in the instrument's specific bank account at an official, federal or state financial institution, and, in the case of transfer contracts, exclusively at a federal financial institution;

XIV – the indication of the mandatory accounting and storage of Remaining Assets for the Convenient and the manifestation of commitment to use the assets to ensure the continuity of the government program, with clear rules and guidelines for use;

XV – the way in which the physical execution of the Object will be accompanied by Grantor or Mandatory, including the indication of human and technological resources that will be used in the activity or, if applicable, the indication of the participation of bodies or entities provided for in § 3 of art. 55 of this Ordinance, and must be sufficient to guarantee full monitoring and verification of the physical execution of the Object agreed;

XVI – free access for employees of the public body or entity Grantor, from the Mandatory and those of Internal control of the Federal Executive Branch, as well as the Federal Audit Court to the processes, documents, information relating to the transfer instruments regulated by this Ordinance, as well as the places of execution of the Object, including in cases where the official financial institution not controlled by the Union manages the bank account specific to the term;

XVII – the power of the participants to terminate the instrument at any time;

XVIII – the provision for mandatory termination of the instrument in case of Project basic or term of reference not having been approved or presented within the established deadline, when applicable;

XIX- the indication of the forum to resolve doubts arising from the execution of the instruments;

XX – the obligation to Convenient insert a clause in contracts signed for the execution of the instrument that allows free access by employees of the public body or entity Grantor, as well as the control bodies, to the documents and accounting records of the contracted companies, in accordance with arts. 45 and 49 to 51 of this Ordinance;

XXI – the subjection of the instrument and its execution to the rules of Decree No. 6,170, of July 25, 2007, as well as Decree No. 93,872, of December 23, 1986, and this Ordinance;

XXII – the provision that, in the event of cancellation of outstanding amounts to be paid, the amount may be reduced to the stage that does not harm the functionality of the Object agreed;

XXIII – the form of releasing resources or unblocking, when it comes to Transfer Agreement;

XXIV – the obligation to account for resources received at SICONV;

XXV – the blocking of resources in the linked current account, in the case of Transfer Agreement;

XXVI – the joint responsibility of the consortium entities, in instruments involving a public consortium;

XXVII – the deadline for returning the remaining balances and presenting the Accountability;

XXVIII – the obligations of the executing unit, if any;

XXIX- the authorization of the Convenient so that the grantor Mandatory request from the financial institution hosting the specific current account, the transfer of the financial resources transferred by them, as well as their income, to the Union's single account, if the resources are not used in the Object transfer for a period of 180 (one hundred and eighty) days;

XXX – the form and methodology for proving compliance Object;

XXXI – the obligation of the Grantor to have conditions and structure to monitor and verify the execution of the object and compliance with the deadlines related to the Accountability;

XXXII – prohibition of the establishment, by the Convenient, of instruments with entities prevented from receiving federal resources;

XXXIII – authorization from the Convenient for the grantor to request, from the financial institution hosting the transfer bank account, the redemption of the remaining balances, in cases where the funds are not returned within the period provided for in art. 60 of this Ordinance;

XXXIV – the obligation of Grantor and the party to disclose information on the institutional website regarding the amounts returned, as well as the reason for the return, in cases of non-fulfillment of the Object agreed, extinction or termination of the instrument;

XXXV- the obligation of the Grantor to notify the party prior to registration as a defaulter in SICONV, when improprieties or irregularities are detected in monitoring the execution of the Object of the instrument, and the respective Treasury Department or similar secretariat, and the Legislative Branch of the body responsible for the instrument must be included in the notice.

XXXVI – the knowledge about non-subjection to banking secrecy, regarding the Union and respective control bodies, as it is a public resource; It is

XXXVII – description of the objective parameters that will serve as a reference for evaluating compliance with the Object, in instruments classified at levels I and IV.

§ 1º All information relating to the celebration, execution, monitoring, supervision and Accountability, including those referring to the financial movement of instruments, will be public, except in the legal cases of tax and banking secrecy and in situations classified as restricted access, depending on the legal system.

§ 2 To carry out transfers to States, the Federal District and Municipalities, the bodies and entities of the Federal Public Administration may only sign instruments containing a clause that obliges the Convenient to comply with the rules of Decree No. 7,983, of 2013, in the tenders carried out to contract works or engineering services with the transferred resources.

Art. 28. The execution of the objects defined in the instruments referred to in this Ordinance, in the case of Convenient being a public body, it may fall under a specific executing unit, provided that:

I – there is a forecast in the Work plan approved;

II – there is a clause to that effect in the signed instrument; and

III – the executing unit belongs to or is linked to the entity federation of the Convenient.

§ 1 In the case described in the caput, the Convenient will remain responsible for the execution of the instrument, and the executing unit will respond jointly in the established relationship.

§ 2 When the diversion or misuse of public resources, irregularity in the execution of the contract or financial management of the instrument are found, the holders of the agreement and the executing unit will be jointly and severally liable, in accordance with their acts, competencies and responsibilities.

§ 3 The liability provided for in §§ 1 and 2 must be included in the signed instrument, as a necessary clause.

§ 4 The executing unit must comply with all provisions of this Ordinance that are applicable to the Convenient, including registration requirements and celebration conditions.

§ 5º The commitments and the bank account of the instrument must be made or registered in the name of the Convenient.

§ 6 The acts and procedures relating to execution will be carried out at SICONV by the Convenient or executing unit, in the case provided for in the caput, as defined in Work plan.

§ 7 The parties will be responsible for monitoring, supervising and Accountability when the Object of the instrument falls on a specific executing unit.

Art. 29. Grantor Or the Mandatory must cancel the pre-commitments and commitments of the proposals that did not have the instruments signed by the end of the Financial Year.

Single paragraph. After the cancellation of the budget documents indicated in the caput, the proposals must be rejected at SICONV, with an express justification regarding the reasons for the rejection.

CHAPTER III

ANALYSIS AND SIGNATURE OF THE TERM

Art. 30. The execution of the instrument will be preceded by analysis and conclusive statement by the technical and legal sectors of the body or entity Grantor, according to their respective competencies, regarding compliance with the formal, legal and constant requirements of this Ordinance.

Single paragraph. The analysis of the sectors indicated in the caput will be restricted to the technical and legal aspects necessary for the execution of the instrument and the objective criteria defined in the instruments, with technicians not being held responsible for the incidence of improprieties, non-conformities and illegalities practiced by the parties during the execution of the Object of the instrument.

Art. 31. The participants and the Intervenor, if there is.

§ 1 Instruments with private non-profit entities must be signed by the Minister of State or the top manager of the Federal Public Administration entity Grantor.

§2º The Minister of State and the Manager maximum entity of the Federal Public Administration will not be able to delegate the competence set out in § 1 of this article.

§ 3 The authorities referred to in § 1 of this article are responsible for:

I – decide on the approval of the Accountability; It is

II – authorize the suspension or cancellation of default records in the Federal Public Administration systems.

§ 4 The competence provided for in § 3 may be delegated to authorities directly subordinate to those referred to in § 1, with sub-delegation prohibited.

CHAPTER IV

ADVERTISING

Art. 32. The effectiveness of the instruments is subject to the publication of the respective extract in the Official Gazette of the Union, which will be provided by the Grantor, within a period of up to 20 (twenty) days from its signature.

Art. 33. The acts of execution, amendment, release of resources, monitoring and inspection of the execution and provision of accounts of the instruments will be publicized on a specific electronic website called Portal of Agreements.

Art. 34. Grantor shall notify, providing communication by electronic means, within a period of up to 10 (ten) days, the execution of the instrument to the Legislative Assembly or the Legislative Chamber or the Municipal Chamber of the Convenient, as appropriate.

Single paragraph. In the case of release of resources, the deadline for notification, providing communication by electronic means, will be 2 (two) business days.

Art. 35. The parties must inform the local council or social control body of the area linked to the agreement about the execution of the instrument. Program government that originated the transfer, if any.

Single paragraph. Private non-profit entities must notify, if any, the municipal, district, state or federal council responsible for the respective public policy where the action will be carried out.

CHAPTER V

OF THE AMENDMENT

Art. 36. The instrument may be amended through a proposal, duly formalized and justified, to be presented to the grantor or Mandatory at least 30 (thirty) days before the end of its validity or within the period stipulated therein, alterations are prohibited Object approved.

§ 1 The analysis of the change request must be carried out by the Grantor or by Mandatory observing legal regulations and timeliness, so that there is no prejudice to the execution of the agreed object.

§ 2 When the request to change the transfer contract results in an increase in the agreed value, approval will also depend on the consent of the body responsible for designing the public policy being implemented.

Art. 37. The “ex officio” extension of the term of the instrument, established in section VI of art. 27 of this Ordinance, does not require prior analysis of the legal area of the Grantor or the Mandatory.

TITLE IV

EXECUTION

CHAPTER I

GENERAL PROVISIONS

Art. 38. The instrument must be executed in strict compliance with the agreed clauses and relevant rules, including this Ordinance, being prohibited:

I – incur expenses in the form of administration, management or similar fees;

II – pay, in any capacity, public servant or employee, member of the staff of the public body or entity of the direct or indirect Administration, except in the cases provided for in specific federal laws and in the Budgetary Guidelines Law;

III – use, even if on an emergency basis, resources for purposes other than those established in the instrument;

IV – incur expenses on a date prior to the instrument’s validity;

V- carry out Payment on a date subsequent to the validity of the instrument, unless the Generating Fact the expense occurred during the term of the agreed instrument;

VI – incur expenses with bank fees, fines, interest or monetary correction, including those relating to payments or collections after the deadlines, except with regard to fines and interest, if arising from delay in the transfer of resources by the grantor or Mandatory, and provided that the deadlines for Payment and the percentages are the same as those applied in the market;

VII – transfer resources to clubs, employee associations or any similar entities, except for daycare centers and schools for pre-school care;

VIII- incur advertising expenses, except for those of an educational, informative or socially oriented nature, which do not contain names, symbols or images that characterize personal promotion and as long as they are provided for in the Work plan; It is

IX – Payment, in any capacity, to private companies that have in their corporate structure an active public servant, or employee of a public company, or of a mixed capital company, of the celebrating body, for services provided, including consultancy, technical assistance or the like.

§ 1º Within the scope of instruments signed with private non-profit entities, administrative expenses may be incurred, with resources transferred by the Union, up to the limit set by the public body, provided that:

I – are provided for in the Work plan;

II – do not exceed 15% (fifteen) percent of the value of the object; It is

III – are necessary and proportionate to fulfilling the purpose of the instrument.

§ 2 Administrative expenses include internet, transport, rent, telephone, electricity, water and other similar expenses.

§3 In administrative expenses related to transportation, there may be no provision for Payment of daily allowances and tickets for an active public agent through agreements or similar instruments signed with entities governed by private law or with bodies or entities governed by public law.

§ 4 When the expense is paid with resources from the instrument and other sources, the Convenient You must insert the expense allocation calculation memory into Siconv, with duplication or overlapping of funding sources being prohibited when covering the same installment of expenditure.

Art. 39. In instruments signed with private non-profit entities, it is permitted to Remuneration of the sized team Work plan, including the entity's own personnel, which may include expenses with payment of taxes, FGTS, vacations and proportional thirteenth salary, severance pay and other social charges, provided that such amounts:

I – correspond to the activities planned and approved in the work plan;

II – correspond to the technical qualification to perform the function to be performed;

III – are compatible with the market value of the region where the private non-profit entity operates;

IV – observe, in their gross and individual value, 70% (seventy) percent of the limit established for the Remuneration of employees of the federal executive branch; It is

V – are proportional to the working time actually dedicated to the instrument or Transfer Agreement.

§ 1 The selection and hiring, by the private non-profit entity, of the team involved in the execution of the transfer instrument or contract will observe the carrying out of a prior selection process, observing publicity and impersonality.

§ 2º The expenditure on the team will observe the maximum percentage limits to be established in the Notice public call.

§ 3 The private non-profit entity must provide broad transparency to the amounts paid, individually, as a Remuneration of its work team linked to the execution of the instrument's purpose.

§ 4 Natural persons who have been convicted of a crime cannot be hired using the instrument's resources:

I – against the Public Administration or public assets;

II- electoral, for which the law imposes a penalty of deprivation of liberty; or

III – laundering or hiding assets, rights and values.

§ 5 The default of the private non-profit entity in relation to labor, tax and commercial charges does not transfer to the Public Administration the responsibility for its Payment, nor can it burden the Object of the instrument.

§ 6 When the expense of Remuneration of the team paid proportionally with resources from the instrument, the private, non-profit entity must insert into SICONV the memory for calculating the apportionment of the expense, duplication or overlapping of sources of resources in the costing of the same portion of the expense is prohibited.

Art. 40. The parties must make available, on their official website or, failing that, at their headquarters, in an easily visible place, consultation of the extract of the instrument or other instrument used, containing, at least, the Object, the purpose, values and release dates and details of the application of resources, as well as the contracts made to execute the Object agreed.

Single paragraph. For the purposes of the provisions of the caput, the availability of the extract on the internet may be achieved by inserting a link on the official page of the body or entity Convenient that allows direct access to the Agreement Portal.

Art. 41. The release of resources must occur as follows:

I – except in cases of an instrument with a single installment, the value of the disbursement to be made by the Grantor or by the agent referring to the first installment, may not exceed 20% (twenty percent) of the global value of the instrument;

II – the release of the first installment or single installment will be conditioned on:

a) shipping by Mandatory and approval by Grantor daSynthesis of Project Approved -SPA when the Object of the instrumentinvolve the execution of works and services and engineering included in items II and III of art. 3rd of this Ordinance; It is

b) completion of the technical analysis and acceptance of the bidding process by the Grantor or Mandatory; It is

III – the release of the remaining installments is subject to the execution of at least 70% (seventy percent) of the previously released installments.

§ 1 Disbursement Schedule foreseen in the work plan must be in line with the goals and phases or stages of execution of the project. Object of the instrument.

§ 2 After proof of approval of the bidding process by the Convenient, O Disbursement Schedule it must be adjusted in compliance with the level of execution established in the aforementioned bidding process.

§ 3 The advance of installments is prohibited in cases of execution of works and engineering services covered by item III of art. 3rd of this Ordinance.

§ 4 The resources from the agreements will be deposited and managed in the instrument's specific bank account, exclusively at official federal or state financial institutions, and, in the case of transfer agreements, exclusively by a federal financial institution.

§5 The resources referred to in § 4 of this article, while not used, will be applied as provided in art. 116, § 4, of Law No. 8,666, of June 21, 1993.

§ 6° The specific current account will be named without reference to the instrument of execution of the instrument and will be registered with the registration number in the National Register of Legal Entities - CNPJ of the body or entity Convenient.

§ 7º The body or entity Grantor must request from the financial institution hosting the specific current account, the transfer of the financial resources transferred by him, as well as his income, to the Union's single account, if the resources are not used in the Object of the transfer for a period of 180 (one hundred and eighty) days.

§ 8 In the event of no financial execution after 180 (one hundred and eighty) days of release of the first installment, the instrument must be terminated.

§ 9 The financial execution mentioned in § 8 will be proven:

I- in cases of acquisition of goods, by proof of expenditure incurred, verified by the partial quantity delivered, certified and measured; It is

II – in cases of carrying out services and works, by verifying partial completion with the corresponding attested and verified measurement.

§ 10 In the transfer to the Union's single account, under the terms of §7 of this article, the amount effectively transferred by the Union and not used in the execution of the Object, plus the income from its financial investment.

§ 11 Upon completion, denunciation, termination or extinction of the instrument, the income from financial investments must be returned to the Grantor, observing proportionality.

§ 12 The use of income for expansion or addition of goals to the Work plan agreed.

§ 13 Revenues arising from investment income in the financial market cannot be computed as compensation due by the Convenient.

§ 14 The accounts referred to in § 4 of this article will preferably be exempt from banking fees.

§ 15 The beginning of execution of new instruments and the release of resources for the Convenient that has instruments supported by resources from the Federal Government without financial execution for a period exceeding 180 (one hundred and eighty) days.

§ 16 Resources from revenue agreements will be deposited and managed in the Single Account National treasure, and while not employed for their purpose, they will be remunerated at the rate applicable to that account.

Art. 42. In addition to the provisions of art. 41 of this Ordinance, to receive each installment of resources, the Convenient should:

I- prove the contribution of Counterpart agreed that, if financial, it must be deposited in the instrument's specific bank account in accordance with the deadlines established in the disbursement schedule; It is

II – be in good standing with the execution of the work plan, with execution of at least 70% (seventy percent) of the previously released installments.

Single paragraph. The requirement set out in section II of the caput is applicable to the receipt of installments subsequent to the first.

§ 1 The requirement set out in section II of the caput, as well as that set out in section III of art. 41 is applicable to the receipt of installments subsequent to the first.       (Included by Ordinance No. 134 of 2020)

§ 2 The provisions set out in section II of the caput and in section III of art. 41 may be exceptional by Grantor in the event of a public calamity recognized by the National Congress, in the case of the Union, or by the Legislative Assemblies, in the case of the states, Federal District and municipalities in which the Object.     (Included by Ordinance No. 134 of 2020)

CHAPTER II

CONTRACTING WITH THIRD PARTIES

Art. 43. Contracts concluded on account of the resources of the instruments must contain a clause that obliges the Hired to grant free access to the company's documents and accounting records, relating to the Object Hired, for employees of the public body or entity Grantor and the bodies of Internal control and external.

Art.44. In the event of application of federal resources to be transferred through instruments regulated by this Ordinance or partnership terms, it is prohibited to participate in bidding or contracting companies that include:

I – in the register of disreputable companies of the Federal Audit Court, of the Ministry of Transparency, Inspection and General Comptroller of the Union;

II – in the Unified Supplier Registration System - SICAF as prevented or suspended; or

III – in the National Register of Civil Convictions for Acts of Administrative Improbity and Ineligibility, supervised by the National Council of Justice.

Single paragraph. O Convenient You must consult the status of the selected supplier in the National Registry of Suspended Inidônease Companies – Ceis, through access to the Transparency on the internet, before requesting the provision of the service or delivery of the item.

SECTION I

CONTRACTING BY PRIVATE ENTITIES WITHOUT PROFIT

Art. 45. For the acquisition of goods and contracting of services, private non-profit entities must carry out, at a minimum, prior quotation of prices in the market, observing the principles of impersonality, morality and economy.

§ 1 The prior price quotation in SICONV will be unnecessary when, due to the nature of the Object, there is no plurality of options, and only the prices that the supplier has already charged with other claimants must be proven, with due justification registered with SICONV.

§ 2 The registration, in SICONV, of the contracts celebrated by the beneficiary in the execution of the Object is an indispensable condition for its effectiveness and for the release of subsequent installments of the instrument, as provided for in arts. 4th and 41 of this Ordinance.

§ 3 In cases where SICONV does not allow operational access to the procedure referred to in the caput, a prior price quote must be carried out, and subsequent registration must be made in the System.

Art. 46. Each process of purchasing and contracting goods, works and services from non-profit entities must be carried out or registered with SICONV.

Art. 47. The private non-profit entity benefiting from public resources must directly execute the entire object, allowing the hiring of third party services when there is provision in the plan or Program of Work or due to a supervening and unpredictable fact, duly justified, approved by the body or entity Grantor.

Art. 48. When contracting goods, works and services, private non-profit entities may use the Price Registration System – SRP of the federated entities.

SECTION II

HIRING BY PUBLIC ADMINISTRATION BODIES AND ENTITIES

Art. 49. Public bodies and entities that receive resources from the Union through the instruments regulated by this Ordinance are obliged to observe the provisions contained in Law No. 8,666, of 1993, in Law No. 10,520, of June 17, 2002 and other federal regulations , state and municipal authorities relevant to the subject, when hiring third parties.

§ 1 For the acquisition of common goods and services, the use of the auction method will be mandatory, in accordance with Law No. 10,520, of 2002, and the regulation provided for in Decree No. 5,450, of May 31, 2005, with its electronic form being preferably used.

§ 2 The unfeasibility of using the auction in electronic form must be duly justified by the competent authority Convenient.

§ 3º The minutes and information about the participants and their respective bid proposals, as well as the information regarding exemptions and non-enforceability, must be registered in SICONV.

§ 4 Proof of compliance with §§ 1 and 2 of art.16 of Decree No. 7,983, of 2013, will be carried out through a declaration from the legal representative of the body or entity responsible for the bidding, which must be inserted into SICONV after approval of the bidding.

Art. 50. Bidding notices for achieving the agreed object may only be published after the signature of the respective instrument and acceptance of the Project technician by Grantor oupela Mandatory.

Single paragraph. The publication of the extract from the Notice bidding process must be made in the Official Gazette of the Union, in compliance with item I of art. 21, of Law No. 8,666, of 1993, without prejudice to the use of other advertising vehicles usually used by the Convenient.

Art.51. In instruments signed by the Union with states, the Federal District and municipalities, the provisions of Law No. 13,019, of July 31, 2014, and state, district or municipal regulations must be observed, in cases where the execution of the Object, as provided in the Work plan, involve partnerships with organizations Civil society.

CHAPTER III

PAYMENTS

Art. 52. The resources must be kept in the instrument's specific current account and can only be used to pay expenses included in the Work plan or for application in the financial market, in the cases provided for by law or in this Ordinance.

§ 1 The resources intended for the execution of transfer contracts must be:

I – requested by Mandatory only after acceptance of the bidding process; It is

II – released into a specific current account and kept blocked, only the Payment, in the adjusted form, after checking the regular execution of the Object for the Mandatory, observing the following procedures:

a) in execution under a direct execution regime, the release of resources relating to the first installment will be anticipated as agreed in the form of the Disbursement Schedule approved; It is

b) the release of the second and subsequent installments, in the case of the previous section, is subject to approval by the agent of an execution report with proof of the application of the resources from the last released installment.

§ 2º The acts relating to the movement and use of the resources referred to in the caput will be carried out or registered in SICONV, observing the following precepts:

I – movement through a specific current account for each instrument;

II – payments made through credit to the current account held by suppliers and service providers, with the possibility of waiving this procedure in the following cases, in which the credit may be made into a current account held by the owner Convenient, and the final beneficiary of the expense must be registered with SICONV:

a) by act of the highest authority of the Grantor;

b) in the execution of the Object for the Convenient by direct regime; and

c) in reimbursement to the Convenient for payments made at their own expense resulting from delays in the release of resources by the Grantor and in values beyond the Counterpart agreed; and

III – transfer of information relating to the movement of the specific current account, referred to in item I of this paragraph, to SIAFI and SICONV, on a magnetic medium, to be provided by the financial institutions referred to in § 4 of art. 41 of this Ordinance .

§ 3 Before carrying out each Payment, the contracting party will include in the SICONV, at least, the following information:

I – the destination of the resource;

II – the name and CNPJ or CPF of the supplier, when applicable;

III – the contract referred to in the Payment accomplished; It is

V – information from invoices or accounting documents.

§4º Exceptionally, through a mechanism that allows identification by the depositary financial institution, a single payment may be made during the term of the instrument by an individual who does not have a bank account, up to the limit of R$1,200.00 (one thousand and two hundred reais) .

§ 5º For engineering works with a value greater than R$10,000,000.00 (ten million reais) there may be release of the transfer of resources to Payment of materials or equipment placed on site, which have significant weight in the work budget, as regulated by the Grantor, since:

I – be presented by the Convenient Trustee Term;

II- the acquisition of materials or equipment constitutes a specific stage of the Work plan;

III – the acquisition of these took place through a bidding procedure distinct from that of contracting engineering services or, in the case of a single bid:

a) there is a provision in the call notice;

b) the percentage of BDI applied to materials or equipment was lower than that applied to engineering services;

c) there is technical and economic justification for this form of payment;

d) the supplier presents Guarantee, such as a bank guarantee letter or similar instrument, in the amount of Payment intended; and

IV – there is adequate storage and safekeeping of the respective materials and equipment placed on site.

§ 6º In the case of supply of special equipment and materials of specific manufacture, as well as equipment or materials that have significant weight in the budget of the works, the unlocking of a portion for Payment of the respective expenditure will be made in accordance with art. 38 of Decree No. 93,872, of 1986, subject to the following conditions:

I – there is a need to advance resources to the supplier to enable the production of special material or equipment, outside the usual production line, and with a unique specification intended for a specific enterprise;

II – equipment or materials that have a significant weight in the construction budget are positioned on the construction sites;

III- the Payment advance payment of installments has been foreseen Notice bidding process and in the CTEF of materials or equipment; It is

IV – the supplier or the Convenient present a bank letter of guarantee or similar instrument in the amount of the requested advance.

§ 7º In the case of instruments signed with private non-profit entities, whose Object be it the production of housing units supported by resources from the Bottom National Housing of Social Interest - FNHIS, carried out under a direct administration regime, there may be release of the transfer of resources to pay for materials or equipment placed on site as long as it is presented by the Convenient Term of Trustee Depositary, in compliance with § 6 of art. 12 of Law No. 11,124, of June 16, 2005.

CHAPTER IV

FOLLOW-UP

Art. 53. The execution will be monitored and supervised in order to guarantee the regularity of the acts carried out and the full execution of the Object, responding to Convenient for damages caused to third parties, resulting from fault or intent in the execution of the instrument.

§ 1 The agents who are part of the resource transfer cycle are responsible, for all purposes, for the acts they practice in monitoring and supervising the execution of the instrument, with no responsibility for the Grantor due to non-conformities or irregularities practiced by the parties, except in cases where the failures result from omission of responsibility attributed to the Grantor.

§ 2 Processes, documents or information relating to the execution of an instrument cannot be withheld from the public body or entity's employees Grantor and the internal control bodies of the Federal and external Executive Branch of the Union.

§ 3º Anyone who, by action or omission, causes embarrassment, embarrassment or obstacle to the performance of the Grantor and the bodies of Internal control and external of the Federal Executive Branch, in the performance of its institutional functions relating to the monitoring and inspection of transferred federal resources, will be subject to administrative, civil and criminal liability.

Art. 54. Grantor must provide the necessary conditions for carrying out monitoring activities Object agreed, in accordance with the Work plan and the methodology established in the instrument, scheduling visits to the execution site, when applicable, observing the following criteria:

I – in the execution of works and services and engineering with transfer values equal to or greater than R$ 250,000.00 (two hundred and fifty thousand reais) and less than R$ 750,000.00 (seven hundred and fifty thousand reais), monitoring and financial compliance will be carried out through verification of documents inserted in SICONV, as well as, on-site visits, carried out considering the execution milestones of 50% (fifty percent) and 100% (one hundred percent) of the physical schedule, and other visits may occur when the need is identified by the body Grantor or by Mandatory;

II- in the execution of works and services and engineering with transfer values equal to or greater than R$ 750,000.00 (seven hundred and fifty thousand reais), and less than R$ 5,000,000.00 (five million reais), monitoring and financial compliance will be carried out through verification of documents entered into SICONV, as well as on-site visits carried out considering the execution milestones of 30% (thirty percent), 60% (sixty percent) and 100% (one hundred percent) of the physical schedule, with other visits being possible when identified the need for the body Grantor;

III – in the execution of works and services and engineering with transfer values equal to or greater than R$ 5,000,000.00 (five million reais), monitoring and financial compliance will be carried out through the verification of documents inserted in SICONV, as well as with forecast at least 5 (five) visits to the site, considering the specificity and progress of the execution of the agreed object;

IV – in the execution of costing and acquisition of equipment with transfer values equal to or greater than R$ 100,000.00 (one hundred thousand reais) and less than R$ 750,000.00 (seven hundred and fifty thousand reais), monitoring and financial compliance will be carried out through verification of documents inserted in SICONV, and there may be site visits when the need is identified by the agency Grantor; It is

V – in the execution of costing and acquisition of equipment with transfer values equal to or greater than R$ 750,000.00 (seven hundred and fifty thousand reais), monitoring and financial compliance will be carried out through verification of documents inserted in SICONV, as well as site visits , considering the specificity of the Object adjusted.

§ 1 In the case of carrying out engineering works and services, execution must occur, obligatorily, by means of a transfer contract, subject to the exceptions in item I of art. 9th of this Ordinance.

§2º For the instruments included in items III and V of the caput, the release of two consecutive installments is prohibited without monitoring having been carried out through on-site visits.

§ 3 In the execution of engineering works and services, the release of resources is subject to the presentation by the party of measurement reports with a value greater than 10% (ten percent) of the minimum floor of the levels provided for in items I, II and III of art. 3rd of this Ordinance.

§ 4º In agreements whose Object is aimed exclusively at the acquisition of equipment, the release of resources should preferably occur in a single installment.

§ 4-A. Site visits and on-site inspections referred to in this article may be exceptional in cases of public calamity recognized by the National Congress, in the case of the Union, or by the Legislative Assemblies, in the case of the states, Federal District and municipalities in which it is located. O Object.        (Included by Ordinance No. 134 of 2020)

§ 4º-B For cases of exceptionalization treated by § 4º-A, the Grantor Or the Mandatory of the Union must establish the new methodology for measuring execution while the state of calamity continues.         (Included by Ordinance No. 134 of 2020)

§ 4º-C The exceptions discussed above in §§ 4º-A and 4º-B do not eliminate the need for a final inspection to verify the completion of the Object agreed.       (Included by Ordinance No. 134 of 2020)

§ 4-D In the event of a calamity being declared by the states, Federal District and municipalities, the exceptionalization referred to in § 2 of art. 42 and § 4-A of this article, is conditioned on the recognition of the calamity by the competent federal body.        (Included by Ordinance No. 134 of 2020)

Art. 55. The execution of the instrument will be accompanied by a representative of the Grantor or Mandatory, registered with SICONV, which will record in its own register all occurrences related to the achievement of the Object, adopting the necessary measures to regularize the observed failures.

§ 1 Within a maximum period of 10 (ten) days from the signing of the instrument, the Grantor Or the Mandatory must formally designate the civil servants or employees responsible for monitoring it.

§2º Grantor or Mandatory must register with SICONV the acts of monitoring the execution of the Object and supervision of the instrument, as provided in art. 4th of this Ordinance.

§3º Grantor Or the Mandatory, when carrying out instrument monitoring activities, they may:

I – make use of the technical support of third parties who, in the case of undertakings covered by item III of art. 3rd of this Ordinance, must be accompanied by an employee from the permanent staff of the agent, who will participate in the team and jointly sign the technical documents;

II – delegate powers or establish partnerships with other bodies or entities that are located close to the place of application of resources, for this purpose; It is

III – reorient actions and decide on the acceptance of justifications regarding improprieties identified in the execution of the instrument.

Art.56. In monitoring the execution of the Object will be checked:

I – proof of good and regular application of resources, in accordance with applicable legislation;

II – compatibility between the execution of the Object, which was established in the Work plan, and disbursements and payments, according to the schedules presented;

III – the regularity of the information recorded by the SICONV agreement; It is

IV – compliance with the goals of the Work plan under the established conditions.

Single paragraph. Financial compliance must be checked throughout the execution of the Object, and must be complemented by monitoring and evaluating compliance with the physical execution of compliance with the Object, when analyzing the final accountability.

Art. 57. Grantor Or the Mandatory will communicate to the contracting party any irregularities arising from the use of resources or other pending issues of a technical nature, ascertained during the execution of the instrument, and will suspend the release of resources, setting a period of 45 (forty-five) days for reorganization or presentation of information and clarifications, which may be extended equally period.

§1 Once the requested clarifications and information have been received, the Grantor or Mandatory, within 45 (forty-five) days, will assess, decide and communicate whether or not to accept the justifications presented and, if applicable, will investigate the damage to the treasury.

§ 2 If the justifications are not accepted, the grantor will open a period of 45 (forty-five) days for the Convenient regularize the pending issue and, if there is damage to the treasury, the necessary measures must be taken to compensate for it.

§ 3º The use of resources in non-compliance with what is agreed in the instrument will give rise to an obligation on the part of the Convenient return them duly updated, as required to settle debts owed to the National Treasury, based on the variation in the Reference Rate of the Special Tax System Sale off and Custody – SELIC, accumulated monthly, until the last day of the month prior to the return of the resources, plus this amount of 1% (one percent) in the month in which the resources are returned to the single Treasury account.

§ 4 For the purposes of effecting the return of resources to the Union, the update portion referring to the SELIC variation will be calculated in proportion to the number of days included between the date of release of the portion to the Convenient and the date of effective crediting, in the single Treasury account, of the amount owed by the Convenient.

§5 The continuation of the irregularity after the period established in § 2 of this article will lead to the registration of default in SICONV and, in the case of damage to the treasury, the immediate establishment of special accounts.

§ 6 The communications listed in the caput and in §§ 1 and 2 of this article will be carried out by means of correspondence with acknowledgment of receipt – AR, and the notification must be registered in SICONV, and in both cases with a copy to the respective Finance Secretariat or similar secretariat , and to the Legislative Branch of the body responsible for the instrument.

Art. 58. Grantor must notify the Federal and State Public Ministries and the Attorney General's Office when signs of a crime or act of administrative improbity are detected.

CHAPTER V

ACCOUNTABILITY

Art. 59. The body or entity that receives resources in the form established in this Ordinance will be subject to accountability for their good and regular application, observing the following:

I – a Accountability begins concomitantly with the release of the first installment of financial resources that must be registered by the Grantor at SICONV;

II – the recording and verification of financial compliance, an integral part of the Accountability, must be carried out throughout the instrument’s execution period, as provided in art. 56 of this Ordinance;

III- the deadline for presenting the Accountability final will be up to 60 (sixty) days after the end of the term or completion of the execution of the Object, what happens first; It is

IV – the deadline mentioned in section III will be included in the instrument.

§1 When the Accountability is not forwarded within the deadline established in the instrument, the Grantor will establish a maximum period of 45 (forty-five) days for its presentation.

§ 2º For instruments in which there has been no physical execution, nor use of resources, the Retreat to the Treasury's single account must occur without the incidence of late payment interest, without prejudice to the refund of revenues obtained from financial investments made.

§ 3º If, at the end of the established period, the Convenient do not present the Accountability nor return the resources under the terms of § 2 of this article, the Grantor will register the default in SICONV due to omission of the duty to report and will communicate the fact to the analytical accounting body to which it is linked, for the purposes of establishing a Account Taking special under that argument and the adoption of other measures to repair the damage to the public treasury, under penalty of joint and several liability.

§ 4 It is up to the legal representative of the non-profit entity, the mayor and the successor governor to account for the resources arising from instruments signed by their predecessors.

§5º If it is impossible to comply with the provisions of § 4º, it must be presented to the Grantor justifications that demonstrate the impediment to accountability and the measures adopted to protect public assets.

§ 6 When the impossibility of rendering accounts arises from the action or omission of the predecessor, the new administrator will request the grantor to institute a Account Taking Special.

§ 7 The documents containing the justifications and measures adopted will be inserted into SICONV.

§ 8º In the case of the Convenient being a public body or entity, from any sphere of government, the competent authority, upon being notified of adopted measures, will immediately suspend the record of default, provided that the administrator is someone other than the defaulter, and the provisions of §§ 5 are complied with, 6th and 7th of this article.

§ 9 The parties must be notified in advance of the irregularities highlighted, and the respective Treasury Department or similar secretariat, and the Legislative Branch of the body responsible for the instrument must be included in the notice.

§ 10. Prior notification, provided for in § 9 of this article, will be made by means of correspondence with acknowledgment of receipt – AR, with a copy to the respective Finance Secretariat or similar secretariat and to the Legislative Branch of the body responsible for the instrument, with notification be registered with SICONV

§ 11. The registration of default in SICONV will only be effected 45 (forty-five) days after prior notification.

Art. 60. The financial balances of remaining transfer resources, including those arising from revenues obtained from financial investments made, not used in the Object agreed, will be returned to the Single Treasury Account, within a non-extendable period of 30 (thirty) days from the conclusion, denunciation, termination or extinction of the instrument, under penalty of the immediate establishment of a special account taking of the person responsible, provided by the competent authority of the body or entity Grantor.

§ 1 The return provided for in the caput will be carried out observing the proportionality of the transferred resources and those of the counterpart provided for in the celebration, regardless of the time in which they were contributed by the parties.

§ 2 In cases of non-compliance with the deadline set out in the caput, the Grantor must request the financial institution hosting the specific current account for the transfer, the immediate return, to the single account of the National treasure, of the remaining balances of the instrument's specific current account.

§ 3 In cases where the return of resources is due to non-execution of the Object agreed or due to the extinction or termination of the instrument, disclosure on the institutional electronic website is mandatory, at the Grantor It is Convenient, information regarding the amounts returned and the reasons that gave rise to said return.

Art. 61. A Accountability The final objective is to demonstrate and verify results and must contain elements that allow evaluating the execution of the Object and achieving expected goals.

Art. 62. Accountability will be composed, in addition to the documents and information recorded by the Convenient in SICONV, for the following:

I – Compliance Report Object;

II – declaration of achievement of the objectives proposed by the instrument;

III – proof of Retreat the balance of resources, if any; It is

IV – term of commitment through which the party will be obliged to maintain the documents related to the instrument, in accordance with § 3 of art. 4th of this Ordinance.

§ 1 Grantor Or the Mandatory must register with SICONV upon receipt of the Accountability.

§ 2º The analysis of the Accountability to assess compliance with the Object, will be done when the instrument is closed, this procedure being the responsibility of the Grantor Or the Mandatory based on the information contained in the documents listed in the caput sections of this article.

§ 3 Financial compliance must be carried out during the period of validity of the instrument, and must be included in the final analysis opinion of the instrument. Accountability only improprieties or irregularities not remedied until the finalization of the conclusive document.

§4º The Compliance Report Object must contain the necessary subsidies for the evaluation and manifestation of the Manager regarding the effective completion of the Object agreed.

§ 5º The analysis of the Accountability, in addition to attesting the completion of the physical execution of the Object, will contain notes relating to financial execution that were not remedied during the period of validity of the instrument.

§ 6º Aiming to complement the elements necessary for the analysis of the Accountability of the instruments, may be used subsidiarily by the Grantor or by Mandatory, reports, verification bulletins or other documents produced by the Public Prosecutor's Office or the Court of Auditors, during the regular activities of their functions.

Art. 63. It is the responsibility of the body or entity Grantor decide on the regularity of the application of the transferred resources and, if terminated, to their successor.

Art. 64. The competent authority of the Grantor or the agent will have a period of one year, counting from the date of receipt, to analyze the Accountability of the instrument, based on the technical opinion issued by the competent areas.

§ 1 The analysis period provided for in the caput may be extended for a maximum of the same period, provided that it is duly justified.

§2 The analysis of the Accountability for the Grantor oupela Mandatory may result in:

I – approval;

II – approval with reservations, when impropriety or other lack of a formal nature that does not result in damage to the treasury is evidenced; or

III – rejection with the determination of the immediate establishment of special accounts.

§ 3 In cases of rejection of the Accountability in which the value of the damage to the treasury is less than R$ 5,000.00 (five thousand reais), the Grantor Or the Mandatory may, upon justification and registration of the default in CADIN, approve the Accountability with reservation.

§ 4 The act of approval of the Accountability must be registered with SICONV, and the Grantor make an express declaration regarding compliance with the Object and that the resources transferred had good and regular application.

§ 5th Case a Accountability is not approved, once all applicable measures have been exhausted to regularize the pending issue or repair the damage, the competent authority, under penalty of joint liability, will register the fact with SICONV and adopt the necessary measures to establish the Account Taking Special, with subsequent forwarding of the process to the sectoral accounting unit to which it has jurisdiction for the due records of its competence.

§ 6º After the deadline referred to in the caput, considered as a possible extension under the terms of §1º, the absence of a decision on the approval Accountability for the Grantor may result in the recording of an accounting restriction by the public body or entity for the year in which the fact occurred.

CHAPTER VI

THE SIMPLIFIED REGIME

Art. 65. The execution, execution, monitoring and accountability of the instruments included in items I and IV of art. 3rd of this Ordinance, the Simplified Regime will apply.

Art. 66. The application of the Simplified Regime implies the adoption of the following measures:

I – Level I:

to the Work plan approved must contain objective parameters to characterize compliance with the Object;

b) the Disbursement Schedule may establish the amount of the 1st installment considering that the resources are sufficient for the execution of the first 4 (four) months, limited to up to 20% (twenty percent) of the value of the instrument;

c) the draft instruments may be simplified;

d) renegotiation of goals and stages is prohibited;

e) the presentation of the bidding process by the Convenient and acceptance by Grantor it is a condition for the release of the first installment of resources;

f) authorization to begin work will only be given after receipt of the first installment of resources;

g) monitoring by the Grantor will be carried out through the documents inserted in SICONV, as well as on-site visits carried out considering the execution milestones of 50% (fifty percent) and 100% (one hundred percent) of the physical schedule, and other visits may occur when the need is identified by the agency Grantor or by Mandatory;

h) verification of the execution of the Object occurs upon proof of compatibility with the Project and the completion of the phase or stage foreseen in the Work plan, without the need to measure unitary services performed that do not make up a completed stage;

i) the analysis of Accountability final must prove the results considering the objective parameters specified in the work plan, based on the definitions contained in the Program degovernment;

j) construction works, except renovation or linear works, must necessarily be contracted on a global price basis;

k) for the approval of the Accountability, the grantor must consider the achievement of the proposed results, in addition to any notes that occurred during financial compliance that were not resolved until the end of the instrument's term; It is

II – Level IV:

to the Work plan approved must contain objective parameters to characterize the delivery of the Object;

b) the Grantor should evaluate the possibility of establishing a single installment to release the resources;

c) the draft instruments may be simplified;

d) the term of reference must be approved prior to the execution of the instruments;

e) renegotiation of goals and stages is prohibited;

f) the presentation of the bidding process by the Convenient and approval by Grantor it is a condition for the release of resources;

g) monitoring will be carried out through the documents inserted in SICONV, and there may be site visits when the need is identified by the body Grantor;

h) analysis of the Accountability The final decision must prioritize the verification of the results achieved, considering the parameters specified at the time of the celebration; It is

Single paragraph. The Ministry of Transparency, Inspection and General Comptroller of the Union, may establish sampling criteria for analysis Accountability of instruments signed under the simplified regime.

Art. 67. In the case of irregularities or non-compliance by the Convenient of the conditions established in art. 66 of this Ordinance, the Grantor Or the Mandatory will suspend the release of installments until the pending issue is resolved.

§ 1 Grantor Or the Mandatory will notify the party whose use of the transferred resources is considered irregular, so that they can provide justification within 30 (thirty) days.

§ 2 If you do not accept the reasons presented by the Convenient,O Grantor will set a deadline of 30 (thirty) days for the return of resources, observing the provisions of §§ 3 and 4 of art. 57 of this Ordinance, and if there is no said return, it will arrange for the establishment of Special Accounting.

CHAPTER VII

COMPLAINT AND TERMINATION

Art. 68. The instrument may be terminated at any time, with the participants remaining responsible only for the obligations and receiving the benefits of the time in which they voluntarily participated in the agreement, with no mandatory clause permanence or sanctioning the denouncers being permitted.

§ 1 Upon completion, denunciation, termination or extinction of the instrument, the remaining financial balances, including those arising from the revenue obtained from the financial investments made, will be returned to the Treasury's single account, within the non-extendable period of thirty days of the event, under penalty of the immediate establishment of special accounting of the person responsible, provided by the competent authority of the body or entity holding the resources.

§ 2º If irremediable defects are evidenced by the control bodies or the Public Ministry that imply nullity of the tender carried out, the Grantor must adopt the administrative measures necessary to restore the treasury to the updated amount of the portion already applied, which may include reversing the approval of the accounting and the establishment of Account Taking Special, regardless of the communication of the fact to the Federal Audit Court and the Public Ministry.

Art. 69. The following constitute grounds for termination of the instrument:

I – failure to comply with any of the agreed clauses;

II – the discovery, at any time, of falsity or incorrect information in any document presented;

III – verification of any circumstances that give rise to the establishment of Account Taking Special; It is

IV – the occurrence of financial non-performance mentioned in §8 of art. 41 and proven as instructed in § 9 of that same article.

Single paragraph. The termination of the instrument, when it results in damage to the treasury, gives rise to the establishment of Account Taking special, except if the duly corrected resources are returned, without prejudice, in the last case, to the continuity of the investigation, through specific administrative measures, when other irregularities arising from the act performed are identified.

CHAPTER VIII

FROM THE Account Taking SPECIAL

Art. 70. A Account Taking Special is the process that aims to investigate the facts, identify those responsible and quantify the damage caused to the Treasury, aiming for immediate compensation.

§ 1º A Account Taking Special action should only be initiated after the administrative measures in charge of the Grantor due to the occurrence of any of the following facts:

I – a Accountability of the instrument is not presented within the period set out in item III of art. 59, observing § 1 of the aforementioned article of this Ordinance; It is

II – a Accountability of the instrument is not approved due to:

a) total or partial non-execution of the Object agreed;

b) misuse of purpose in the application of transferred resources;

c) challenge expenses, if carried out in disagreement with the provisions of the signed agreement or this Ordinance;

d) non-use, total or partial, of the Counterpart agreed, in the event that it was not collected in the manner provided for in § 1 of art. 60 of this Ordinance;

e) non-compliance with the provisions of § 4 of art. 41 of this Ordinance;

f) non-return of any balance of federal resources, determined in the execution of the Object, in accordance with art. 60 of this Ordinance; and

g) absence of documents required in the rendering of accounts that compromises the judgment of compliance with the Object agreed and the good and regular application of resources.

§ 2º A Account Taking Special will also be established by determination of the regulatory bodies. Internal control or the Federal Audit Court, in the event of the competent authority's failure to adopt this measure.

§ 3º The establishment of Account Taking Special will provide:

I – the registration of default of the respective instrument in SICONV, which will be a restrictive factor for new transfers of financial resources originating from the Tax Budget and Social Security of the Union through the execution of instruments regulated by this Ordinance, in accordance with subparagraph “b” of item V of art. 9th of this Ordinance; and

II – the registration of those identified as causing damage to the public treasury in the SIAFI “MISCELLANEOUS RESPONSIBLE” account.

§ 4 The parties must be notified in advance of the irregularities highlighted, and the respective Treasury Department or similar secretariat and the Legislative Branch of the body responsible for the instrument must be included in the notice.

§ 5 Prior notification will be made by means of registered letter with a declaration of content, with a copy to the respective Finance Secretariat or similar secretariat, and to the Legislative Branch of the body responsible for the instrument, and the notification must be registered with SICONV.

§ 6 The registration of default in SICONV can only be carried out 45 (forty-five) days after prior notification.

Art. 71. In the case of presentation of the Accountability or full payment of the imputed debt, before forwarding the Account Taking Special to the Federal Audit Court, the record of default in SICONV must be removed, the documentation must be analyzed and the following procedures adopted:

I- approved Accountability or proven payment of the debt, the Grantor should:

a) register approval with SICONV;

b) communicate the approval to the body where the Tomadade Contas Especial is located, with a view to archiving the process;

c) record the discharge of liability; It is

d) inform the Federal Audit Court of the fact, in the form of an annex, when the Accountability annual Grantor;

II- not approved Accountability, O Grantor should:

a) communicate the fact to the body where the Special Accounting Office is located so that it can adopt the necessary measures to continue the action, under this new basis; It is

b) reinstate the default of the contracting body or entity and maintain the liability record.

Art. 72. In the case of presentation of the Accountability or full payment of the imputed debt, after forwarding the special accounting to the Federal Audit Court, the default record will be removed, and:

I – approved Accountability or proven full payment of the imputed debt:

a) the fact will be communicated to the respective internal control unit that certified the accounts for the adoption of measures with the Federal Audit Court; It is

b) the reduction in default will be maintained, as well as the registration of the established liability, which can only be changed upon determination of the Court;

II – not being approved the Accountability:

a) the fact will be communicated to the Internal control that certified the accounts for adoption of measures with the Federal Audit Court; It is

b) the default of the body or entity will be reinstated Convenient, observing the provisions of §§ 4, 5 and 6 of art. 70 of this Ordinance, and the responsibility registration will be maintained.

TITLE V

FINAL PROVISIONS

Art. 73. When counting the deadlines established in this Ordinance, the starting day will be excluded and the expiry day will be included, and consecutive days will be considered, except when explicitly stated otherwise.

Art. 74. The bodies responsible for programs and actions expected to be implemented decentrally through instruments, must seek to standardize objects, with a view to streamlining procedures and rationalizing the use of resources.

Art. 75. SICONV will provide access, with the consultation profile to all functionalities, to the Federal Audit Court, the Federal Public Ministry, the National Congress and the Ministry of Transparency, Inspection and General Comptroller of the Union.

Art. 76. The Ministry of Planning, Development and Management may, through normative instruction, establish efficiency and effectiveness indicators with a view to supporting the selection of proponents capable of implementing the Union's public policies.

Art. 77. All acts relating to the execution, execution, monitoring and inspection and Accountability of the instruments must be carried out or registered in a specific module of SICONV.Art.78. The bodies and entities of the Federal Public Administration, which transfer financial resources from the Tax Budget of the Union's Social Security, referred to in art. 1st of this Ordinance, they must make their programs, projects and activities available on SICONV, as provided for in art. 5th of this Ordinance. Art. 79. The new features of SICONV, as well as other changes arising from this Ordinance, must be implemented in the System in accordance with the schedule to be defined by the Central Body of the System. Art. 80. Omitted cases will be resolved in accordance with § 4 of art. 13 of Decree No. 6,170, of 2007.Art. 81. This Ordinance comes into force on the date of its publication. Art. 82. Interministerial Ordinance MP/MF/CGU No. 507, of November 24, 2011, and Normative Instruction No. 01, of January 15, 1997, of the Secretariat of National treasure.

DYOGO HENRIQUE DE OLIVEIRA

MINISTER OF STATE FOR PLANNING,

DEVELOPMENT AND MANAGEMENT

INTERIM

HENRIQUE DE CAMPOS MEIRELLES

Minister of State for Finance

TORQUATO GARDEN

Minister of State for Transparency, Supervision

and Comptroller General of the Union

This text does not replace that published in the DOU of 2.1.2017