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704_LegalGuideForForeignInvestorsInBrazil

704_LegalGuideForForeignInvestorsInBrazil

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Published by Claudia Ruic

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Published by: Claudia Ruic on Feb 10, 2012
Copyright:Attribution Non-commercial

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10/29/2014

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The law foresees three situations in which the requirement to tender may be
waived: (i) low value of the object of bidding; (ii) emergency or public disaster
situations, war and or serious disorder; or, (iii) purchase or lease of real estate,
which for specifc reasons (e.g. geographic location of the property) make
competitive bidding unfeasible. These, and twenty-one other exception al
situations listed in article 24 of Law 8.666/93, justify direct contracting.

Article 25 of the same law states that waivers may be justifed by impossibility
of tendering in view of the unfeasibility competition among the participants, as
a consequence of only one supplier being able to fulfll the tender requirements
(though brand preference is forbidden), or in cases of renowned expertise on the
part of the professionals or companies providing specialized technical services, or
of a publicly acclaimed professional.

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