Fundação Brasileira para o Desenvolvimento Sustentável - FBDS (Brazilian Foundation for Sustainable Development), a private non-profit legal entity, registered as CNPJ number 40.390.569/ 0001-25, headquartered at Av. Rio Branco nº 81, 14th floor (part), Centro, CEP 20040-004, Rio de Janeiro, RJ and office at Rua Engenheiro Álvaro Niemeyer nº 76, São Conrado, CEP 22610-180, Rio de Janeiro, RJ, establishes and makes public its PURCHASING AND CONTRACTING REGULATION, which becomes effective for the cases of Partnership Terms, Agreements, Contracts and other covenants by this Foundation’s initiative.
Chapter I - On The Objetives
Art. 1st - The main objective of this Regulation is to ensure that the purchases and contracts to be carried out by FBDS are the most advantageous for the Foundation and, consequently, for society in general. It also considers efficiency, agility and transparency in its actions and projects.
Chapter II - On The Principles
Art. 2nd - This Regulation aims at ensuring the compliance with the principles of equality, legality, impersonality, morality, publicity, economy, efficiency and objective judgment in the processes of purchasing goods and hiring services of any nature.
Chapter III - On The Aplicability
Art. 3rd - This document establishes the procedures to be adopted by all FBDS Administrators, Managers, Consultants and Administrative Staff for the purchase of any goods and contracting of works and services carried out by this Foundation.
Art. 4th - The rules for purchasing goods and contracting works and services by FBDS partners may be adopted, and their resources are executed within the scope of the respective projects and actions as long as they are compatible with Brazilian laws.
Chapter IV - On The Preliminary Provisions
Art. 5th - Purchasing goods and contracting works and services shall be carried out by means of the selection of suppliers, and this procedure is waived only in the cases provided for in this Regulation.
Single paragraph - FBDS may use pre-selection and registration procedures for possible executors for contracting and negotiating activities to be performed.
Art. 6th - Participation in the selection of suppliers implies full and irreversible acceptance of the terms of the purchase/service order or call notice, of the technical elements and instructions provided by FBDS to interested parties in terms of reference, as well as the compliance with this Regulation and applicable norms.
Art. 7th - When consulting services are hired, payments will only be made upon delivery and due approval of the products by FBDS, separately or jointly with other partners, supporters and / or financiers of the project or action.
§ 1st - In case it is necessary to split the payment amount referring to the consultancy, the full amount shall only be paid upon delivery and approval of the final product, according to terms of reference and corresponding contract.
§ 2nd - Once provided for in the contract, payments for consultancy services shall be conditioned to the equivalent transfer of resources from the partner/contractor/financier of the project or activity.
Art. 8th - On the occasion of the payment, only fiscal or equivalent documents will be accepted.
§ 1st - Priority will be given to hiring Companies.
§ 2nd - In the case of occasional services performed by an Individual, a Payment Receipt must be issued in the form of Recibo de Pagamento Autônomo - RPA (Autonomous Income Receipt).
§ 3rd - Whenever possible, the priority should be for suppliers of goods from local markets where projects and activities are being carried out.
Chapter V - On The Unenforceability And Exemption Of Proposal Selection
Art. 9th - The selection of proposals is unnecessary or unenforceable:
- For purchases of goods and contracting of works and services up to the limit specified in Item I of Article 11 of this document;
- For the purchase of materials, equipment or goods directly from an exclusive supplier;
- For hiring technical services, of singular nature, from professionals or institutions of notable specialization;
- For the acquisition, renting or real state leasing intended to accomplish FBDS’ objectives or its projects and actions, whose needs of installation and location condition its choice, and the price is compatible with the market value;
- When there are no interested parties in the selection of proposals previously carried out and this cannot be repeated without detriment to the schedule of execution of the activities of the projects and actions;
- In case of emergency or public calamity, when there is an urgent need to attend to a situation that may cause damage or compromise the safety of people, services and equipment;
- In case when the partner, supporter and/or financier has carried out a previous selection process, the result of which approves the technical team indicated by FBDS;
- In case of suppliers or service providers who have already had successful previous experiences with FBDS, as long as the prices are compatible with the market value.
Chapter VI - On The Proposal Selection Modalities
Art. 10th - The modalities for the selection of proposals to be presented, observing the limits of values established in Chapter VII of these Regulations below, shall be:
- Price Survey - a minimum of 3 (three) budgets will be requested, if available in the market, identifying the date of the survey, name of the supplier, contact, values offered and terms of delivery and payment;
- Invitation - a notice call will be produced and sent to at least 3 (three) suppliers, requesting price proposals at least 5 (five) business days in advance, for the purchases of goods, works and services, duly described in the terms of reference;
- Competition or bidding for proposals - a notice call for proposals will be produced and published on FBDS website and/or on other relevant and freely accessible means of communication, at least 8 (eight) business days in advance, for the purchase of goods, works and services, duly described in the terms of reference.
§ 1st - For the selection of proposals, regardless of the modality, the best cost/benefit rate for the execution of FBDS activities and projects must be considered.
§ 2nd - The technical qualifications of the supplier, the product/service and the proposed price will be used as selection criteria.
§ 3rd - The disclosure and reception of proposals provided for in the modalities of items I and II may be carried out by means of communications via e-mail or regular mail.
§ 4th - The reception or collection of budgets, as provided for in item I, may be carried out by physical or digital printing of web pages, price catalogs and printed disclosure materials, and/or communications via e-mail or regular mail.
§ 5th - In the cases provided for in item III of this article, on the occasion of publication of the notice call, a Judging Committee composed of at least 3 (three) members chosen by FBDS will be appointed to evaluate the proposals received.
Chapter VII - On The Limits
Art. 11th - The limits for the exemption and for the modalities of the formal purchase and contracting processes are:
- Exemption- up to the amount of R$ 30,000.00 (thirty thousand reais) inclusive;
- Price survey - from R$ 30,000.01 (thirty thousand reais and one cent) up to R$ 60,000.00 (sixty thousand reais) inclusive;
- Invitation - from R$ 60,000.01 (sixty thousand reais and one cent) up to R$ 450,000.00 (four hundred and fifty thousand reais) inclusive;
- Competition or bidding for proposals - from R$ 450,000.01 (four hundred and fifty thousand reais and one cent).
Single Paragraph - The limits specified in items I to IV of this Article can be adjusted in specific cases, in common agreement with partners, supporters and financiers, regarding projects or actions that so require and the new limits are valid only for those projects or actions.
Chapter VIII - On The Purchasing And Contracting Processes
Art. 12th - The purchasing / contracting processes will consist of the following steps:
- Preparation of the Terms of Reference or technical specifications of the services or goods to be acquired by members of the project or action team and submitted to the approval of the project coordinator or administrator;
- Forwarding to FBDS Executive Board of, for analysis and approval, considering the relevance of the purchase/contracting and the budgetary limits of the projects or activities and subsequent follow up of the proposal selection process, as described in chapters V and VI in this Regulation;
- Purchases of goods and contracting of works and services: a specific contract will be signed with the selected supplier, except for the exemptions described in this Regulation.
§ 1st - The exemption of contract is allowed, at FBDS’ discretion, in the case of purchase for immediate and full delivery of the acquired goods, which do not result in future obligations, with full payment made by FBDS after reception. The same can be extended to support and maintenance services, excluding consulting services.
§ 2nd - When the expense is not directly related to a project in execution, the person responsible for the FBDS sector will be entitled to request it.
§ 3rd - In the case of contracts that fit the modality of competition or bidding contest, the selected supplier must prove the tax and labor law regular compliance before signing the respective contract.
§ 4th - FBDS may also, in the regular exercise of its activities and within projects in execution, offer scholarships, survey and data and information collection to be implemented in its projects and activities.
Art. 13th - The notice calling instruments shall ensure to FBDS the right to cancel the selective purchasing/contracting process, prior to the signing of the contract.
Art. 14th - The process must be kept on file at FBDS’ headquarters for the period established in the covenant instrument signed with the agency responsible for the transfer of funds, except in cases in which this period is shorter than the periods established in the current legislation, for further investigations, inspections and possible internal or external auditing.
Art. 15th - The project coordinator or administrator in charge for the area/nucleus or FBDS’ administrative sector may request an amendment to increase the value initially contracted, and the numbers to be acquired, considering the financial availability in the referred project or action.
§ 1st - The increase in value must be proportional to the additional services provided, execution of the work or number of goods, except in cases of proven increases in the prices of the inputs necessary to achieve the object of the contract.
§ 2nd - FBDS’ Chair or Executive Director is the authority in charge of approving any amendments.
Art. 16th - The necessary and essential provisions in any contract to be signed by FBDS are those that establish:
- Updated and compliant identification of the contractor, including CNPJ, address, CEP;
- In case of hiring a legal entity, updated and compliant identification of the contractor’s legal representative, including CPF (tax payer registration number), position, complete home address, with zip code;
- Origin of resources for the contract in question;
- Possibility of amendment regarding the object, time length or value of the contract, by means of the signature of a Term of Addendum;
- The object of the contract, the dates of total or partial delivery of product (s) with the respective identification and its characteristic elements.
Single Paragraph - In the case of the availability of a term of reference, this must be cited as an integral part of the object of the contract. - O Price and payment terms;
- Validity period and conditions to start the service, work or supply of the good;
- Obligations of the parties;
- The indication of the forum to resolve doubts arising from the execution of the object of the contract, establishing the obligation of the previous attempt of an administrative solution.
- The parties’ option to terminate the instrument, at any time, with the respective conditions, sanctions and clear delimitations of responsibilities, in addition to the stipulation of a minimum advance period for the communication of this intention, which cannot be shorter than 30 (thirty) days;
- Intellectual property and authorship of products, no competition and penalties.
Art. 17th - On the following special occasions, an Evaluation Committee will be made up in order to evaluate the proposals presented and decide on the contracting:
- Acquisitions or contracts above R$ 800,000.00 (eight hundred thousand reais);
- Acquisitions or contracts in which there is an important qualitative component in the Choice, which goes beyond the quantitative component of the proposals.
The Evaluation Committee will be made up by the following members of FBDS team:
- The CEO;
- Technical-Scientific Director;
- Project manager.
Chapter IX - On The Reception Of Goods Acquired And Services Rendered
Art. 18th - Upon reception of any contracted purchase, work or service, the original fiscal document must be compared with the respective term of reference and/or contract.
Single Paragraph - During the comparison of the fiscal document with the specifications established in the terms of reference and/or contract, the procedure will be the physical checking of the purchase, the contract of the work or service, regarding quality, specification, validity and guarantee, when applicable, quantity and integrity, preferably in the presence of the supplier and/or transporter.
Art. 19th - In case there is a refusal in the act of receiving the purchase, work or service and/or the return of some merchandise, in whole or in part, the person responsible for the reception must immediately inform the project coordinator or FBDS administrative sector, so that the necessary measures can be taken with the supplier regarding the business cancellation and taking steps to stop the payment process that may be in progress.
Chapter X - On The Administrative Resources
Art. 20th - Related to FBDS’ acts resulting from the application of these Regulations, a Reconsideration Request will be made to those interested in supplies/service provision, provided that they have formally manifested within the process, in accordance with the text of the instrument by means of which FBDS published the budget request. The deadlines established in the publication act must be considered, respecting the maximum term of 5 (five) working days from the date the claimants acknowledge the act considered irregular or illegal.
Single Paragraph - The Reconsideration Request will be considered by FBDS within a period of up to 15 (fifteen) business days after receiving the aforementioned Reconsideration Request.
Chapter XI - On The Final Provisions
Art. 21th - FBDS will take all necessary measures to avoid conflicts of interest and guarantee competition in the contracting processes provided for in this Regulation.
Art. 22th - In the event of contracts signed with institutions that require compliance with their own standards, FBDS will check possible conflicts and adopt the most restrictive clauses.
Art. 23th - The cases omitted in this Regulation will be decided by FBDS Deliberative Council, duly justified.