by the Law 9.854, of October, 27, 1999, in conformity to what is set forth in the subsection
XXXIII of Article 7, of the Federal Constitution/1988, that it will not have, in Brazil, in its
personnel any employee who is under 18 (eighteen) years old on night duties, hazardous or
unhealthy tasks, and under 16 (sixteen) years old in any kind of task, unless he/she is an
apprentice, from the age of 14 (fourteen) years old.




__________________________________
Place and Date




_____________________________________
[Name of the Legal Representative of the Company]
Title / Telephone Number



47
Section IV. Eligible Countries





Eligibility for the Provision of Goods, Works and Services in
Bank-Financed Procurement



1. In accordance with Para 1.8 of the Guidelines: Procurement under IBRD Loans and
IDA Credits, dated May 2004, the Bank permits firms and individuals from all countries to
offer goods, works and services for Bank-financed projects. As an exception, firms of a
Country or goods manufactured in a Country may be excluded if:
Para 1.8 (a) (i): as a matter of law or official regulation, the Borrower’s Country
prohibits commercial relations with that Country, provided that the Bank is
satisfied that such exclusion does not preclude effective competition for the
supply of the Goods or Works required, or
Para 1.8 (a) (ii): by an Act of Compliance with a Decision of the United Nations
Security Council taken under Chapter VII of the Charter of the United
Nations, the Borrower’s Country prohibits any import of goods from that
Country or any payments to persons or entities in that Country.
2. For the information of borrowers and bidders, at the present time firms, goods and
services from the following countries are excluded from this bidding:
(a) With reference to paragraph 1.8 (a) (i) of the Guidelines:
_________________________
_________________________

(b) With reference to paragraph 1.8 (a) (ii) of the Guidelines:
_________________________
_________________________

Section V. Schedule of the Activities with Price 48

Part II – Activity Schedule

49 Section V. Schedule of the Activities with Price
Section V. Schedule of the Activities with Price

Annex TR1 - Hub I – Metropolitan Region

STATEMENT OF THE UNIT VALUE FOR PROPERTIES LOCATED IN THE
METROPOLITAN REGION
PROFESSIONAL
Number of
hours
Value per hour

Total (R$)
General Coordinator

Senior Lawyer

Evaluator - Engineer/Architect
Sectorial Coordinator
Others (DISCRIMINATE)















Unit cost of workforce per property





Unit cost of workforce after Social Contributions/Taxes per property


Other direct expenses per property Quantity Total (R$)
Transportation

Printing Material
Outsourced services (DISCRIMINATE)

Others (DISCRIMINATE)


Unit cost of other expenses





TOTAL unit cost


Unit price for the METROPOLITAN REGION


Section V. Schedule of the Activities with Price 50
Annex TR2 - Hubs II, III, IV and V

STATEMENT OF THE UNIT VALUE FOR PROPERTIES LOCATED IN THE HUBS
II, III, IV and V
PROFESSIONAL
Number of
hours
Value per hour

Total (R$)
General Coordinator
Senior Lawyer

Evaluator – Engineer/Architect

Sectorial Coordinator

Others (DISCRIMINATE)














Unit cost of workforce per property





Unit cost of workforce after social contributions/taxes per property


Other direct expenses per property

Quantity Total (R$)
Transportation

Printing Material

Accommodation

Outsourced Services (DISCRIMINATE)



Others (DISCRIMINATE)



Unit cost of other expenses





TOTAL unit cost


Unit price for the hubs I, II, III and IV


51 Section V. Schedule of the Activities with Price

Annex TR3 – Topographical Survey TP1 Type

STATEMENT OF UNIT VALUE FOR TOPOGRAPHIC SURVEY TP1 TYPE
PROFESSIONAL
Number of
hours
Value per hour

Total (R$)
(DISCRIMINATE)





















Unit cost of workforce





Unit cost of workforce after social taxes/contributions


Other direct expenses Quantity Total (R$)
Transportation

Printing Material
Outsourced Services (DISCRIMINATE)



Others (DISCRIMINATE)

Unit cost of other expenses





TOTAL unit cost


Unit price for the Topographical Survey TP1 Type


Section V. Schedule of the Activities with Price 52
Annex TR4 – Topographical Survey TP2 Type

STATEMENT OF UNIT VALUE FOR TOPOGRAPHICAL SURVEY TP2 TYPE
PROFESSIONAL
Number of
hours
Value per hour

Total (R$)
(DISCRIMINATE)





















Unit cost of workforce




Unit cost of workforce after social contributions/taxes


Other direct expenses Quantity Total (R$)
Transportation

Printing Material
Outsourced Services (DISCRIMINATE)



Others (DISCRIMINATE)

Unit cost of other expenses





TOTAL unit cost


Unit price for Topographical Survey TP2 Type



53 Section V. Schedule of the Activities with Price

Annex TR5 – Topographical Survey TP3 Type

STATEMENT OF UNIT VALUE FOR TOPOGRAPHICAL SURVEY TP3 TYPE
PROFESSIONAL
Number of
hours
Value per hour

Total (R$)
(DISCRIMINATE)





















Unit cost of workforce





Unit cost of workforce after social contributions/taxes


Other direct expenses Quantity Total (R$)
Transportation

Printing Material
Outsourced Services (DISCRIMINATE)



Others (DISCRIMINATE)

Unit cost of other expenses





TOTAL unit cost


Unit price for Topographical Survey TP3 Type



Section V. Schedule of the Activities with Price 54
Annex TR6 – Topographical Survey TP4 Type

STATEMENT OF UNIT VALUE FOR TOPOGRAPHICAL SURVEY TP4 TYPE
PROFESSIONAL
Number of
hours
Value per hour

Total (R$)
(DISCRIMINATE)





















Unit cost of workforce





Unit cost of workforce after social contributions/taxes


Other direct expenses Quantity Total (R$)
Transportation

Printing Material
Outsourced Services (DISCRIMINATE)



Others (DISCRIMINATE)

Unit cost of other expenses





TOTAL unit cost


Unit price for Topographical Survey TP4 Type



55 Section V. Schedule of the Activities with Price

Annex TR7 – Topographical Survey TP5 Type]

STATEMENT OF UNIT VALUE FOR TOPOGRAPHICAL SURVEY TP5 TYPE
PROFESSIONAL
Number of
hours
Value per hour

Total (R$)
(DISCRIMINATE)





















Unit cost of workforce





Unit cost of workforce after social contributions/taxes


Other direct expenses Quantity Total (R$)
Transportation

Printing Material
Outsourced Services (DISCRIMINATE)



Others (DISCRIMINATE)

Unit cost of other expenses





TOTAL unit cost


Unit price for Topographical Survey TP5 Type



Section V. Schedule of the Activities with Price 56
Annex TR8 - Topographical Survey TP6 Type

STATEMENT OF UNIT VALUE FOR TOPOGRAPHICAL SURVEY TP6 TYPE
PROFESSIONAL
Number of
hours
Value per hour

Total (R$)
(DISCRIMINATE)





















Unit cost of workforce





Unit cost of workforce after social contributions/taxes


Other direct expenses Quantity Total (R$)
Transportation

Printing Material
Outsourced Services (DISCRIMINATE)



Others (DISCRIMINATE)

Unit cost of other expenses





TOTAL unit cost


Unit price for Topographical Survey TP6 Type



57 Section V. Schedule of the Activities with Price

Annex TR9 - Topographical Survey TP7 Type

STATEMENT OF UNIT VALUE FOR TOPOGRAPHICAL SURVEY TP7 TYPE
PROFESSIONAL
Number of
hours
Value per hour

Total (R$)
(DISCRIMINATE)





















Unit cost of workforce





Unit cost of workforce after social contributions/taxes


Other direct expenses Quantity Total (R$)
Transportation

Printing Material
Outsourced Services (DISCRIMINATE)



Others (DISCRIMINATE)

Unit cost of other expenses





TOTAL unit cost


Unit price for Topographical Survey TP7 Type



Section V. Schedule of the Activities with Price 58
Annex TR10 - Topographical Survey TP8 Type

STATEMENT OF UNIT VALUE FOR TOPOGRAPHICAL SURVEY TP8 TYPE
PROFESSIONAL
Number of
hours
Value per hour

Total (R$)
(DISCRIMINATE)





















Unit cost of workforce





Unit cost of workforce after social contributions/taxes


Other direct expenses Quantity Total (R$)
Transportation

Printing Material
Outsourced Services (DISCRIMINATE)



Others (DISCRIMINATE)

Unit cost of other expenses





TOTAL unit cost


Unit price for Topographical Survey TP8 Type



59 Section V. Schedule of the Activities with Price

Annex TR11 - Topographical Survey TP9 Type

STATEMENT OF UNIT VALUE FOR TOPOGRAPHICAL SURVEY TP9 TYPE
PROFESSIONAL
Number of
hours
Value per hour

Total (R$)
(DISCRIMINATE)





















Unit cost of workforce





Unit cost of workforce after social contributions/taxes


Other direct expenses Quantity Total (R$)
Transportation

Printing Material
Outsourced Services (DISCRIMINATE)



Others (DISCRIMINATE)

Unit cost of other expenses





TOTAL unit cost


Unit price for Topographical Survey TP9 Type


Section V. Schedule of the Activities with Price 60
Annex TR12 – Summary Value

STATEMENT OF SUMMARY TOTAL PRICE




Service
Unit (R$)
Estimated Quantity

Total (R$)




Annex TR1 – Unit Price Hub I

2.628

Annex TR1 – Unit Price Hub I x 0,1

235

Annex TR2 – Unit Price Hubs II to V

1.905

Annex TR2 – Unit Price Hubs II to Vx0,1

112

Annex TR3 - Topography TP1 Type

28

Annex TR4 - Topography TP2 Type

19

Annex TR5 - Topography TP3 Type

9

Annex TR6 - Topography TP4 Type

5

AnnexTR7 - Topography TP5 Type

3

Annex TR8 - Topography TP6 Type

1

AnnexTR9- Topography TP7 Type

1

AnnexTR10- Topography TP8 Type

1

Annex TR11 – Topography TP9 Type

1

ESTIMATED TOTAL (R$)




61 Section VI. General Conditions of Contract


Part III – Conditions of Contract and
Contract Forms
Section VI. General Conditions of Contract 62

Section VI. General Conditions of Contract


Table of Clauses

A. General Provisions ...................................................................................................... 64
1.1 Definitions ........................................................................................................ 64
1.2 Applicable Law ................................................................................................. 65
1.3 Language .......................................................................................................... 65
1.4 Notices .............................................................................................................. 65
1.5 Location ............................................................................................................ 66
1.6 Authorized Representatives ............................................................................. 66
1.7 Inspection and Audit by the Bank .................................................................... 66
1.8 Taxes and Duties .............................................................................................. 66
2. Commencement, Completion, Modification, and Termination of Contract ................... 66
2.1 Effectiveness of Contract ................................................................................. 66
2.2 Commencement of Services ............................................................................ 66
2.3 Intended Completion Date ............................................................................... 66
2.4 Modification ..................................................................................................... 67
2.5 Force Majeure .................................................................................................. 67
2.6 Termination ...................................................................................................... 67
3. Obligations of the Service Provider .............................................................................. 70
3.1 General ............................................................................................................. 70
3.2 Conflict of Interests .......................................................................................... 70
3.3 Confidentiality .................................................................................................. 71
3.4 Insurance to be Taken Out by the Service Provider ......................................... 71
3.5 Service Provider’s Actions Requiring Employer’s Prior Approval .................... 71
3.6 Reporting Obligations ...................................................................................... 71
3.7 Documents Prepared by the Service Provider to Be the Property of the
Employer ................................................................................................................ 71
3.8 Liquidated Damages ......................................................................................... 72
3.9 Performance Security ....................................................................................... 72
4. Service Provider’s Personnel ....................................................................................... 72
4.1 Description of Personnel .................................................................................. 72
4.2 Removal and/or Replacement of Personnel .................................................... 73
5. Obligations of the Employer ........................................................................................ 73
5.1 Assistance and Exemptions .............................................................................. 73
5.2 Change in the Applicable Law .......................................................................... 73
5.3 Services and Facilities ....................................................................................... 73
6. Payments to the Service Provider ................................................................................ 73
6.1 Lump-Sum Remuneration ................................................................................ 73
6.2 Contract Price ................................................................................................... 74
63 Section VI. General Conditions of Contract

6.3 Payment for Additional Services, and Performance Incentive Compensation 74
6.4 Terms and Conditions of Payment ................................................................... 74
6.5 Interest on Delayed Payments ......................................................................... 74
6.6 Price Adjustment .............................................................................................. 74
6.7 Dayworks .......................................................................................................... 75
7. Quality Control ........................................................................................................... 75
7.1 Identifying Defects ........................................................................................... 75
7.2 Correction of Defects, and ............................................................................... 76
8. Settlement of Disputes ........................................................................................................ 76
8.1 Amicable Settlement ........................................................................................ 76
8.2 Dispute Settlement .......................................................................................... 76

Section VI. General Conditions of Contract 64

Section VI. General Conditions of Contract

A. General Provisions

1.1 Definitions Unless the context otherwise requires, the following terms whenever
used in this Contract have the following meanings:
(a) The Adjudicator
is the person appointed jointly by the
Employer
and the Contractor to resolve disputes in the first
instance, as provided for in Sub-Clause 8.2 hereunder.
(b)
“Activity Schedule” is the priced and completed list of items of
Services to be performed by the Service Provider forming part
of his Bid;
(c) “Bank”
means the International Bank for Reconstruction and
Development, Washington, D.C., U.S.A.;
or
(c)
“Association” means the International Development
Association, Washington, D.C., U.S.A.;
(d)
“Completion Date” means the date of completion of the
Services by the Service Provider as certified by the Employer
(e)
“Contract” means the Contract signed by the Parties, to which
these General Conditions of Contract (GCC) are attached,
together with all the documents listed in Clause 1 of such
signed Contract;
(f) “
Contract Price” means the price to be paid for the performance
of the Services, in accordance with Clause 6;
(g)
“Dayworks” means varied work inputs subject to payment on a
time basis for the Service Provider’s employees and equipment,
in addition to payme
nts for associated materials and
administration.
(h) “Employer” means the party who employs the Service Provider
(i)
“Foreign Currency” means any currency other than the currency
of the country of the Employer;
(j) “GCC” means these General Conditions of Contract;
(k)
“Government” means the Government of the Employer’s
country;
(l)
“Local Currency” means the currency of the country of the
65 Section VI. General Conditions of Contract

Employer;
(m)
“Member,” in case the Service Provider consist of a joint
venture of more than one entity, means any of th
ese entities;
“Members” means all these entities, and “Member in Charge”
means the entity specified in the SC to act on their behalf in
exercising all the Service Provider’ rights and obligations
towards the Employer under this Contract;
(n) “Party” means
the Employer or the Service Provider, as the case
may be, and “Parties” means both of them;
(o)
“Personnel” means persons hired by the Service Provider or by
any Subcontractor as employees and assigned to the
performance of the Services or any part thereof;
(p)
“Service Provider” is a person or corporate body whose Bid to
provide the Services has been accepted by the Employer;
(q)
“Service Provider’s Bid” means the completed bidding
document submitted by the Service Provider to the Employer
(r) “SCC” means
the Special Conditions of Contract by which the
GCC may be amended or supplemented;
(s)
“Specifications” means the specifications of the service
included in the bidding document submitted by the Service
Provider to the Employer
(t) “Services” means the wo
rk to be performed by the Service
Provider pursuant to this Contract, as described in Appendix A;
and in the Specifications and Schedule of Activities included in
the Service Provider’s Bid.
(u) “Subcontractor” means any entity to which the Service Provide
r
subcontracts any part of the Services in accordance with the
provisions of Sub-Clauses 3.5 and 4.
1.2 Applicable Law The Contract shall be interpreted in accordance with the laws of the
Employer’s country, unless otherwise specified in the Special
Conditions of Contract (SCC).
1.3 Language This Contract has been executed in the language
specified in the
SCC, which shall be the binding and controlling language for all
matters relating to the meaning or interpretation of this Contract.
1.4 Notices Any notice, request, or consent made pursuant to this Contract shall
be in writing and shall be deemed to have been made when delivered
in person to an authorized representative of the Party to whom the
communication is addressed, or when sent by registered mail, telex,
Section VI. General Conditions of Contract 66

telegram, or facsimile to such Party at the address
specified in the
SCC.
1.5 Location The Services shall be performed at such locations as are specified in
Appendix A, in the specifications and, where the location of a
particular task is not so specified, at such locations, whether in the
Government’s country or elsewhere, as the Employer may approve.
1.6 Authorized
Representatives
Any action required or permitted to be taken, and any document
required or permitted to be executed, under this Contract by the
Employer or the Service Provider may be taken or executed by the
officials specified in the SCC.
1.7 Inspection and
Audit by the
Bank
The Service Provider shall permit the Bank to inspect its accounts
and records relating to the performance of the Services and to have
them audited by auditors appointed by the Bank, if so required by the
Bank.
1.8 Taxes and
Duties
The Service Provider, Subcontractors, and their Personnel shall pay
such taxes, duties, fees, and other impositions as may be levied
under the Applicable Law, the amount of which is deemed to have
been included in the Contract Price.

2. Commencement, Completion, Modification, and Termination of
Contract

2.1 Effectiveness of
Contract
This Contract shall come into effect on the date the Contract is
signed by both parties or such other later date as may be stated in
the SCC.
2.2 Commencement
of Services

2.2.1 Program Before commencement of the Services, the Service Provider shall
submit to the Employer for approval a Program showing the general
methods, arrangements, order and timing for all activities. The
Services shall be carried out in accordance with the approved
Program as updated.
2.2.2 Starting
Date
The Service Provider shall start carrying out the Services thirty (30)
days after the date the Contract becomes effective, or at such other
date as may be specified in the SCC.
2.3 Intended
Completion Date
Unless terminated earlier pursuant to Sub-Clause 2.6, the Service
Provider shall complete the activities by the Intended Completion
Date, as is specified in the SCC. If the Service Provider does not
complete the activities by the Intended Completion Date, it shall be
67 Section VI. General Conditions of Contract

liable to pay liquidated damage as per Sub-Clause 3.8. In this case,
the Completion Date will be the date of completion of all activities.
2.4 Modification Modification of the terms and conditions of this Contract, including
any modification of the scope of the Services or of the Contract
Price, may only be made by written agreement between the Parties
and shall not be effective until the consent of the Bank or of the
Association, as the case may be, has been obtained.
2.5 Force Majeure
2.5.1 Definition For the purposes of this Contract, “Force Majeure” means an event
which is beyond the reasonable control of a Party and which makes
a Party’s performance of its obligations under the Contract
impossible or so impractical as to be considered impossible under
the circumstances.
2.5.2 No Breach
of Contract
The failure of a Party to fulfill any of its obligations under the
contract shall not be considered to be a breach of, or default under,
this Contract insofar as such inability arises from an event of Force
Majeure, provided that the Party affected by such an event (a) has
taken all reasonable precautions, due care and reasonable alternative
measures in order to carry out the terms and conditions of this
Contract, and (b) has informed the other Party as soon as possible
about the occurrence of such an event.
2.5.3 Extension
of Time
Any period within which a Party shall, pursuant to this Contract,
complete any action or task, shall be extended for a period equal to
the time during which such Party was unable to perform such action
as a result of Force Majeure.
2.5.4 Payments
During the period of their inability to perform the Services as a
result of an event of Force Majeure, the Service Provider shall be
entitled to continue to be paid under the terms of this Contract, as
well as to be reimbursed for additional costs reasonably and
necessarily incurred by them during such period for the purposes of
the Services and in reactivating the Service after the end of such
period.
2.6 Termination
2.6.1 By the
Employer

The Employer may terminate this Contract, by not less than thirty
(30) days’ written notice of termination to the Service Provider, to
be given after the occurrence of any of the events specified in
paragraphs (a) through (d) of this Sub-Clause 2.6.1:
(a) if the Service Provider does not remedy a failure in the
performance of its obligations under the Contract, within
thirty (30) days after being notified or within any further
Section VI. General Conditions of Contract 68

period as the Employer may have subsequently approved in
writing;
(b) if the Service Provider become insolvent or bankrupt;
(c) if, as the result of Force Majeure, the Service Provider is
unable to perform a material portion of the Services for a
period of not less than sixty (60) days; or
(d) if the Service Provider, in the judgment of the Employer has
engaged in corrupt or fraudulent practices in competing for or
in executing the Contract.
For the purposes of this Sub-Clause:
(i) “corrupt practice”
7
is the offering, giving, receiving or
soliciting, directly or indirectly, of anything of value to
influence improperly the actions of another party;
(ii) “fraudulent practice”
8
is any act or omission, including a
misrepresentation, that knowingly or recklessly
misleads, or attempts to mislead, a party to obtain a
financial or other benefit or to avoid an obligation;
(iii) “collusive practice”
9
is an arrangement between two or
more parties designed to achieve an improper purpose,
including to influence improperly the actions of another
party;
(iv) “coercive practice”
10
is impairing or harming, or
threatening to impair or harm, directly or indirectly, any
party or the property of the party to influence improperly
the actions of a party;
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering or
concealing of evidence material to the
investigation or making false statements to
investigators in order to materially impede a


7
For the purpose of this Contract, “another party” refers to a public official acting in relation to the
procurement process or contract execution. In this context, “public official” includes World Bank staff and
employees of other organizations taking or reviewing procurement decisions.
8
For the purpose of this Contract, “party” refers to a public official; the terms “benefit” and “obligation”
relate to the procurement process or contract execution; and the “act or omission” is intended to influence
the procurement process or contract execution.
9
For the purpose of this Contract, “parties” refers to participants in the procurement process (including
public officials) attempting to establish bid prices at artificial, non competitive levels.
10
For the purpose of this Contract, “party” refers to a participant in the procurement process or contract
execution.
69 Section VI. General Conditions of Contract

Bank investigation into allegations of a corrupt,
fraudulent, coercive or collusive practice; and/or
threatening, harassing or intimidating any party
to prevent it from disclosing its knowledge of
matters relevant to the investigation or from
pursuing the investigation, or
(bb) acts intended to materially impede the exercise of
the Bank’s inspection and audit rights provided
for under para. 1.14 (e) of the Bank’s
Procurement Guidelines.
2.6.2 By the
Service
Provider
The Service Provider may terminate this Contract, by not less than
thirty (30) days’ written notice to the Employer, such notice to be
given after the occurrence of any of the events specified in
paragraphs (a) and (b) of this Sub-Clause 2.6.2:
(a) if the Employer fails to pay any monies due to the Service
Provider pursuant to this Contract and not subject to dispute
pursuant to Clause 7 within forty-five (45) days after
receiving written notice from the Service Provider that such
payment is overdue; or
(b) if, as the result of Force Majeure, the Service Provider is
unable to perform a material portion of the Services for a
period of not less than sixty (60) days.
2.6.3 Suspension
of Loan or
Credit
In the event that the World Bank suspends the loan or Credit to the
Employer, from which part o
f the payments to the Service Provider
are being made:
(a)
The Employer is obligated to notify the Service Provider of
such suspension within 7 days of having received the World
Bank’s suspension notice.
(b) If the Service Provider has not received sums
due to by the due
date stated in the SCC in accordance with Sub-
Clause 6.5 the
Service Provider may immediately issue a 14 day termination
notice.
2.6.4 Payment
upon
Termination

Upon termination of this Contract pursuant to Sub-Clauses 2.6.1 or
2.6.2, the Employer shall make the following payments to the
Service Provider:
(a) remuneration pursuant to Clause 6 for Services satisfactorily
performed prior to the effective date of termination;
(b) except in the case of termination pursuant to paragraphs (a),
(b), (d) of Sub-Clause 2.6.1, reimbursement of any reasonable
Section VI. General Conditions of Contract 70

cost incident to the prompt and orderly termination of the
Contract, including the cost of the return travel of the
Personnel.

3. Obligations of the Service Provider

3.1 General The Service Provider shall perform the Services in accordance with
the Specifications and the Activity Schedule, and carry out its
obligations with all due diligence, efficiency, and economy, in
accordance with generally accepted professional techniques and
practices, and shall observe sound management practices, and
employ appropriate advanced technology and safe methods. The
Service Provider shall always act, in respect of any matter relating
to this Contract or to the Services, as faithful adviser to the
Employer, and shall at all times support and safeguard the
Employer’s legitimate interests in any dealings with Subcontractors
or third parties.
3.2 Conflict of
Interests

3.2.1 Service
Provider
Not to
Benefit
from
Commissio
ns and
Discounts.
The remuneration of the Service Provider pursuant to Clause 6
shall constitute the Service Provider’s sole remuneration in
connection with this Contract or the Services, and the Service
Provider shall not accept for their own benefit any trade
commission, discount, or similar payment in connection with
activities pursuant to this Contract or to the Services or in the
discharge of their obligations under the Contract, and the Service
Provider shall use their best efforts to ensure that the Personnel, any
Subcontractors, and agents of either of them similarly shall not
receive any such additional remuneration.
3.2.2 Service
Provider
and
Affiliates
Not to be
Otherwise
Interested
in Project

The Service Provider agree that, during the term of this Contract
and after its termination, the Service Provider and its affiliates, as
well as any Subcontractor and any of its affiliates, shall be
disqualified from providing goods, works, or Services (other than
the Services and any continuation thereof) for any project resulting
from or closely related to the Services.
3.2.3 Prohibition
of
Conflicting
Activities
Neither the Service Provider nor its Subcontractors nor the
Personnel shall engage, either directly or indirectly, in any of the
following activities:
(a) during the term of this Contract, any business or professional
activities in the Government’s country which would conflict
71 Section VI. General Conditions of Contract

with the activities assigned to them under this Contract;
(b) during the term of this Contract, neither the Service Provider
nor their Subcontractors shall hire public employees in active
duty or on any type of leave, to perform any activity under
this Contract;
(c) after the termination of this Contract, such other activities as
may be specified in the SCC.
3.3 Confidentiality The Service Provider, its Subcontractors, and the Personnel of
either of them shall not, either during the term or within two (2)
years after the expiration of this Contract, disclose any proprietary
or confidential information relating to the Project, the Services, this
Contract, or the Employer’s business or operations without the
prior written consent of the Employer.
3.4 Insurance to be
Taken Out by
the Service
Provider
The Service Provider (a) shall take out and maintain, and shall
cause any Subcontractors to take out and maintain, at its (or the
Subcontractors’, as the case may be) own cost but on terms and
conditions approved by the Employer, insurance against the risks,
and for the coverage, as shall be specified in the SCC; and (b) at
the Employer’s request, shall provide evidence to the Employer
showing that such insurance has been taken out and maintained and
that the current premiums have been paid.
3.5 Service
Provider’s
Actions
Requiring
Employer’s
Prior Approval
The Service Provider shall obtain the Employer’s prior approval in
writing before taking any of the following actions:
(a) entering into a subcontract for the performance of any part of
the Services,
(b) appointing such members of the Personnel not listed by name
in Appendix C (“Key Personnel and Subcontractors”),
(c) changing the Program of activities; and
(d) any other action that may be specified in the SCC.
3.6 Reporting
Obligations
The Service Provider shall submit to the Employer the reports and
documents specified in Appendix B in the form, in the numbers,
and within the periods set forth in the said Appendix.
3.7 Documents
Prepared by the
Service
Provider to Be
the Property of
the Employer
All plans, drawings, specifications, designs, reports, and other
documents and software submitted by the Service Provider in
accordance with Sub-Clause 3.6 shall become and remain the
property of the Employer, and the Service Provider shall, not later
than upon termination or expiration of this Contract, deliver all
such documents and software to the Employer, together with a
Section VI. General Conditions of Contract 72

detailed inventory thereof. The Service Provider may retain a copy
of such documents and software. Restrictions about the future use
of these documents, if any, shall be specified in the SCC.
3.8

Liquidated
Damages


3.8.1 Payments of
Liquidated
Damages
The Service Provider shall pay liquidated damages to the Employer
at the rate per day stated in the SCC for each day that the
Completion Date is later than the Intended Completion Date. The
total amount of liquidated damages shall not exceed the amount
defined in the SCC. The Employer may deduct liquidated
damages from payments due to the Service Provider. Payment of
liquidated damages shall not affect the Service Provider’s
liabilities.
3.8.2 Correction
for Over-
payment

If the Intended Completion Date is extended after liquidated
damages have been paid, the Employer shall correct any
overpayment of liquidated damages by the Service Provider by
adjusting the next payment certificate. The Service Provider shall
be paid interest on the overpayment, calculated from the date of
payment to the date of repayment, at the rates specified in Sub-
Clause 6.5.
3.8.3 Lack of
performance
penalty
If the Service Provider has not corrected a Defect within the time
specified in the Employer’s notice, a penalty for Lack of
performance will be paid by the Service Provider. The amount to be
paid will be calculated as a percentage of the cost of having the
Defect corrected, assessed as described in Sub-Clause 7.2 and
specified in the SCC.
3.9 Performance
Security
The Service Provider shall provide the Performance Security to the
Employer no later than the date specified in the Letter of
acceptance. The Performance Security shall be issued in an amount
and form and by a bank or surety acceptable to the Employer, and
denominated in the types and proportions of the currencies in which
the Contract Price is payable. The performance Security shall be
valid until a date 28 days from the Completion Date of the Contract
in case of a bank guarantee, and until one year from the Completion
Date of the Contract in the case of a Performance Bond.

4. Service Provider’s Personnel

4.1 Description of
Personnel
The titles, agreed job descriptions, minimum qualifications, and
estimated periods of engagement in the carrying out of the Ser
vices
of the Service Provider’s Key Personnel are described in Appendix
C. The Key Personnel and Subcontractors listed by title as well as
73 Section VI. General Conditions of Contract

by name in Appendix C are hereby approved by the Employer.
4.2 Removal and/or
Replacement of
Personnel
(a) Except a
s the Employer may otherwise agree, no changes shall
be made in the Key Personnel. If, for any reason beyond the
reasonable control of the Service Provider, it becomes
necessary to replace any of the Key Personnel, the Service
Provider shall provide as a
replacement a person of equivalent
or better qualifications.
(b)
If the Employer finds that any of the Personnel have (i)
committed serious misconduct or have been charged with
having committed a criminal action, or (ii) have reasonable
cause to be dissati
sfied with the performance of any of the
Personnel, then the Service Provider shall, at the Employer’s
written request specifying the grounds thereof, provide as a
replacement a person with qualifications and experience
acceptable to the Employer.
(c) The
Service Provider shall have no claim for additional costs
arising out of or incidental to any removal and/or replacement
of Personnel.
5. Obligations of the Employer

5.1 Assistance and
Exemptions
The Employer shall use its best efforts to ensure that th
e Government
shall provide the Service Provider such assistance and exemptions as
specified in the SCC.
5.2 Change in the
Applicable
Law
If, after the date of this Contract, there is any change in the Applicable
Law with respect to taxes and duties which
increases or decreases the
cost of the Services rendered by the Service Provider, then the
remuneration and reimbursable expenses otherwise payable to the
Service Provider under this Contract shall be increased or decreased
accordingly by agreement between
the Parties, and corresponding
adjustments shall be made to the amounts referred to in Sub-
Clauses
6.2 (a) or (b), as the case may be.
5.3 Services and
Facilities
The Employer shall make available to the Service Provider the
Services and Facilities listed under Appendix F.

6. Payments to the Service Provider

6.1 Lump-Sum
Remuneration
The Service Provider’s remuneration shall not exceed the Contract
Price and shall be a fixed lump-
sum including all Subcontractors’
costs, and all other costs incurred by
the Service Provider in carrying
out the Services described in Appendix A. Except as provided in Sub-
Clause 5.2, the Contract Price may only be increased above the
Section VI. General Conditions of Contract 74

amounts stated in Sub-
Clause 6.2 if the Parties have agreed to
additional payments in accordance with Sub-Clauses 2.4 and 6.3.
6.2 Contract Price (a) The price payable in local currency is
set forth in the SCC.

(b) The price payable in foreign currency is set forth in the SCC.
6.3 Payment for
Additional
Services, and
Performance
Incentive
Compensation
6.3.1
For the purpose of determining the remuneration due for
additional Services as may be agreed under Sub-
Clause 2.4, a
breakdown of the lump-
sum price is provided in Appendices D
and E.
6.3.2 If the SCC so specify, t
he service provider shall be paid
perf
ormance incentive compensation as set out in the
Performance Incentive Compensation appendix.
6.4 Terms and
Conditions of
Payment
Payments will be made to the Service Provider according to the
payment schedule stated in the SCC. Unless otherwise stated i
n the
SCC, the advance payment
(Advance for Mobilization, Materials and
Supplies)
shall be made against the provision by the Service Provider
of a bank guarantee for the same amount, and shall be valid for the
period stated in the SCC. Any other payment s
hall be made after the
conditions listed in the SCC
for such payment have been met, and the
Service Provider have submitted an invoice to the Employer
specifying the amount due.
6.5 Interest on
Delayed
Payments
If the Employer has delayed payments beyond
fifteen (15) days after
the due date stated in the SCC, interest shall be paid to the Service
Provider for each day of delay at the rate stated in the SCC.
6.6 Price
Adjustment
6.6.1
Prices shall be adjusted for fluctuations in the cost of inputs only
if provided for in the SCC.
If so provided, the amounts certified
in each payment certificate, after deducting for Advance
Payment, shall be adjusted by applying the respective price
adjustment factor to the payment amounts due in each currency.
A separate f
ormula of the type indicated below applies to each
Contract currency:
P
c
= A
c
+ B
c
Lmc/Loc + C
c
Imc/Ioc
Where:
P
c

is the adjustment factor for the portion of the Contract Price
payable in a specific currency “c”.
A
c
, B
c
and C
c
are coefficients specified
in the SCC, representing:
A
c
the nonadjustable portion; B
c

the adjustable portion relative
to labor costs and C
c

the adjustable portion for other inputs, of
the Contract Price payable in that specific currency “c”; and
75 Section VI. General Conditions of Contract

Lmc is the index prevailing at the
first day of the month of the
corresponding invoice date and Loc is the index prevailing 28
days before Bid opening for labor; both in the specific currency
“c”.
Imc is the index prevailing at the first day of the month of the
corresponding invoice date an
d Ioc is the index prevailing 28
days before Bid opening for other inputs payable; both in the
specific currency “c”.
If a price adjustment factor is applied to payments made in a
currency other than the currency of the source of the index for a
particular
indexed input, a correction factor Zo/Zn will be
applied to the respective component factor of pn for the formula
of the relevant currency. Zo is the number of units of currency
of the country of the index, equivalent to one unit of the
currency payment
on the date of the base index, and Zn is the
corresponding number of such currency units on the date of the
current index.
6.6.2
If the value of the index is changed after it has been used in a
calculation, the calculation shall be corrected and an adju
stment
made in the next payment certificate. The index value shall be
deemed to take account of all changes in cost due to fluctuations
in costs.
6.7 Dayworks 6.7.1
If applicable, the Daywork rates in the Service Provider’s Bid
shall be used for small a
dditional amounts of Services only when
the Employer has given written instructions in advance for
additional services to be paid in that way.
6.7.2
All work to be paid for as Dayworks shall be recorded by the
Service Provider on forms approved by the Empl
oyer. Each
completed form shall be verified and signed by the Employer
representative as indicated in Sub-
Clause 1.6 within two days of
the Services being performed.
6.7.3
The Service Provider shall be paid for Dayworks subject to
obtaining signed Dayworks forms as indicated in Sub-
Clause
6.7.2

7. Quality Control

7.1 Identifying
Defects
The principle and modalities of Inspection of the Services by the
Employer shall be as indicated in the SCC.
The Employer shall
check the Service Provider’s performance
and notify him of any
Defects that are found. Such checking shall not affect the Service
Section VI. General Conditions of Contract 76

Provider’s responsibilities. The Employer may instruct the Service
Provider to search for a Defect and to uncover and test any service
that the Employer considers may have a Defect. Defect
Liability
Period is as defined in the SCC.
7.2

Correction of
Defects, and
Lack of
Performance
Penalty
(a)
The Employer shall give notice to the Service Provider of any
Defects before the end of the Contract. The Defects liability
per
iod shall be extended for as long as Defects remain to be
corrected.
(b)
Every time notice a Defect is given, the Service Provider shall
correct the notified Defect within the length of time specified
by the Employer’s notice.
(c) If the Service Provider h
as not corrected a Defect within the
time specified in the Employer’s notice, the Employer will
assess the cost of having the Defect corrected, the Service
Provider will pay this amount, and a Penalty for Lack of
Performance calculated as described in Sub-Clause 3.8.

8. Settlement of Disputes

8.1 Amicable
Settlement
The Parties shall use their best efforts to settle amicably all disputes
arising out of or in connection with this Contract or its interpretation.
8.2 Dispute
Settlement
8.2.1 If any disput
e arises between the Employer and the Service
Provider in connection with, or arising out of, the Contract or the
provision of the Services, whether during carrying out the
Services or after their completion, the matter shall be referred to
the Adjudicator
within 14 days of the notification of
disagreement of one party to the other.
8.2.2
The Adjudicator shall give a decision in writing within 28 days
of receipt of a notification of a dispute.
8.2.3 The Adjudicator shall be paid by the hour at the rate spec
ified in
the BDS and SCC,
together with reimbursable expenses of the
types specified in the SCC
, and the cost shall be divided equally
between the Employer and the Service Provider, whatever
decision is reached by the Adjudicator. Either party may refer a

decision of the Adjudicator to an Arbitrator within 28 days of the
Adjudicator’s written decision. If neither party refers the dispute
to arbitration within the above 28 days, the Adjudicator’s
decision will be final and binding.
8.2.4 The arbitration sh
all be conducted in accordance with the
arbitration procedure published by the institution named and in
77 Section VI. General Conditions of Contract

the place shown in the SCC.
8.2.5
Should the Adjudicator resign or die, or should the Employer and
the Service Provider agree that the Adjudicator is no
t functioning
in accordance with the provisions of the Contract,
a new
Adjudicator will be jointly appointed by the Employer and the
Service Provider. In case of disagreement between the Employer
and the Service Provider, within 30 days, the Adjudicator s
hall
be designated by the Appointing Authority
designated in the
SCC
at the request of either party, within 14 days of receipt of
such request.


78 Section VII. Special Conditions of Contract


Section VII. Special Conditions of Contract


Number of the
CEC Clause
Modifications or complementation to the General Condition Clauses of
the Contract
1.1
The wording “of the country of the government” shall be altered to “in
Bra
z
il
”.

1.1(a) The Mediator is (name to be informed to the awarded enterprise only)
1.1(e)
The name of the Contract is Identification of the Property Belonging to the
State of Rio de Janeiro
.

1.1(h) The Employer is the Government of State of Rio de Janeiro, through the

State Secretary of Planning and Management – SEPLAG
1.1(m) The Awarded Bidder is (name to be informed after the co
nclusion of the
Bid Process)
1.1(p) The Service Provider is (
name to be informed after the conclusion of the
Bid Process)
1.2 The Applicable Legislation is: Brazilian legislation.
1.3 The language is (language to be informed after the conclusion of the
Bid
Process).
1.4 The addresses are:
Employer: State Secretary of Planning and Management - SEPLAG
Address: Av. Erasmo Braga, 118/13º andar - Sala 1310 – Centro
CEP 20020-000 Rio de Janeiro/RJ - Brasil.
Att: Ms. Paula Lemos Azem
Telex: (55-21) 2333-1731
Fax: (55-21) 2333-1716

Service Provider: (
Information to be filled in after the conclusion of the Bid
Process)
Att: (Information to be filled in after the conclusion of the Bid Process)
Telex: (Information to be filled in after the conclusion of the B
id
Process)
Fax: (
Information to be filled in after the conclusion of the Bid
Process
)

79 Section VII. Special Conditions of Contract

Number of the
CEC Clause
Modifications or complementation to the General Condition Clauses of
the Contract
1.6 The Authorized Representatives are:
By the Employer: Subsecretary of Patrimony
By the Service Provider: (
Information to be filled in after the conclusion of
the Bid Process)
2.1 The date on which this Contract begins to be in force is 15
(fifteen) days
after the publication of the Contract Extract in the Official Gazette of the
State of Rio de Janeiro. (
Information to be filled in after the conclusion of
the Bid Process)
2.2.2 The date of the beginning of the Service is 15
(fifteen) days after the
publication of the Contract Extract in the Official Gazette of the State of Rio
de Janeiro.
2.3 The intended date for the completion of the Service is 36 (thirty-six
)
months as of the date of the beginning of the service.
3.2.3
The activities that are forbidden after the end of this Contract are:
Use the name or logo of the Government of the State of Rio de Janeiro, or
of one of its Secretaries, for any purpose, without prior written consent
given by the State Secretary of Planning and Management - SEPLAG,
except for its inclusion in the final product arising from this Contract.
3.3
During and after the execution, the Contracted Party is not allowed to use,
publish or advertise any information related to this Contract to any natural
or legal entity, or in any commercial publicity or promotion related to the
Contracted Party or its services. Said use is not allowed for any other
purpose, for any reason, without prior written consent given by SEPLAG.
Said permission may be denied by SEPLAG at its exclusive criteria. The
Contracted Party will be given access to documents, data, strategies or
other information related to the Property area or its programs, systems
only for the purpose of the execution of the service set forth in the
Contract.
3.4
The risk and coverage of the insurance policy are:
(a)
Insurance against civil liability of third parties referring to motor
vehicles driven by the Contracted Party or by Subcontractors
and
their respective personnel, with a minimum coverage of
R$
30.000,00 (thirty thousand reais).
(b) Motor vehicle third-party franchise maximum is R$1.200,00 (
one
thousand, two hundred reais).
Section VII. Special Conditions of Contract 80

Number of the
CEC Clause
Modifications or complementation to the General Condition Clauses of
the Contract
(c) Civil liability of the employer and occupational accidents law is
2,5%
(two and a half percent) of the value of the contract.
3.5(d) The other action refers to the topographical survey of the property.
3.7
The restrictions to the use of the documents prepared by the Service
Provider are:
All reports, studies, photographies, softwares, designs, texts or other
works or documents produced, together with their drafts, versions and
related material, are an exclusive property of the Government of the State
of Rio de Janeiro. The Contracted Party grants the Government of the State
of Rio de Janeiro and its successors, unconditionally, all rights, titularity
and participation, including, with no limit, copyright and other intellectual
property rights on said works. Besides, the Contracted Party grants the
State of Rio de Janeiro all rights related to the material and supporting
information, since they do not belong to third parties and are not
transferrable.
When the Employer requests, the Service Provider shall deliver: (i) all the
copies (including digital copies) of the works, material and supporting
information that have not been delivered according to what is set forth
herein, and (ii) any other document that belongs to the Employer,
according to what is specified herein. The Service Provider may use the
works and the supporting information and material only if there is a prior
written consent given by the Employer. It must be highlighted, though,
that any use of said material and information shall contain a reference
saying that it belongs to the Employer.
The Service Prov
ider states that it will NOT violate intellectual property
rights belonging to third parties in the accomplishment of the tasks set
forth herein and that the works have originally been produced by the
Service Provider, with no violation of intellectual pro
perty rights belonging
to third parties.
The Service Provider agrees to indemnify and exempt the
Employer and its representatives as to what regards all lawsuits,
extrajudicial request letters, losses, damage and expenses, including

lawyer’s fees arising f
rom or resulting of any actions filed by third parties
against the Employer and its representatives in relation to the works or
supporting material and data.
3.8.1
The liquidated damages rate

is 1% (one percent) daily of the outstanding
value of the contract. In the case of unjustified delay in the
accomplishment of the monthly and quarterly tasks set forth herein, the
Contracted Party is subject to a penalty of 1% (one percent) per every
81 Section VII. Special Conditions of Contract

Number of the
CEC Clause
Modifications or complementation to the General Condition Clauses of
the Contract
exceeded day in relation to the completion date set forth herein. This
penalty will be calculated having as its basis the value of the commitment
(“nota de empenho”)
or the value of the funds citation
.


3.8.3
Lack of performance penalty will be estimated according to the cost of the
correction of the defect that was not corrected within the deadline
established by the Employer.
3.8.3 (a)
In case there is a penalty for repeated malpractice (when the same defect
in the execution of the service is found in different properties), the penalty
will be 0,05% (zero, comma, zero five percent) of the value of the contract
per repetition. If there is a repeated malpractice which might affect the
physical schedule of the project, according to an evaluation made by the
inspection team of the Employer, the Contract can be terminated
unilaterally, regardless of any previous judicial or extrajudicial notice, and
its effects will start as of the date of publication in the Official Gazette of
the State of Rio de Janeiro. The Employer, in this case, may, in addition to
other applicable sanctions: a) retain, for the purpose of compensation, the
credits owed to the Contracted Party and charge the amounts unduly
received; b) charge the Contracted Party a penalty of 10% (ten percent),
calculated over the adjusted balance of the services that have not been
executed, and; c) charge a supplementary indemnity, if the loss exceeds
the value of the penalty.
5.1
The assistance offered to the Service Provider is:
• Assistance in order for the Contracted Party to understand and,
consequently, easily access all the registration of property existing
at SEPLAG;
• Assistance to make the contact with other state organs easier,
whenever a research on property documents is needed and said
documents are kept in files other than SEPLAG’s files.
Exemptions: Not applicable.
6.2(a) The amount in local currency is (
Information to be filled in after the
conclusion of the Bid Process)
6.2(b) The amount in foreign currency(ies) is (
Information to be filled in after the
conclusion of the Bid Process)
6.3.2 The performance incentive compensation paid to the Service Provider is
:
not applicable.
6.4
Payments will be made according to the schedule below:

Stage 1: Technical Treatment of the of the Property Items
Section VII. Special Conditions of Contract 82

Number of the
CEC Clause
Modifications or complementation to the General Condition Clauses of
the Contract
Monthly, the Supervision Committee will verify the number of properties
that have been treated technically and patrimonially.
The amount to be paid for Stage 1 will be made up of the following
addends:
(i) The sum of the products between the number of properties
in the Hub I (metropolitan region) whose technical and
patrimonial treatments have been total within the period by 40%
(forty percent) of the unit price contracted for the Metropolitan
Region, and the number of properties in the Hub I (metropolitan
region) whose technical and patrimonial treatments have been
partial within the period by 10% (ten per cent) of the unit price
contracted for the Metropolitan Region;
(ii) The sum of the products between the number of properties
in the Hubs II to V (out of the metropolitan region) whose
technical and patrimonial treatments have been total within the
period by 40% (forty per cent) of the unit price contracted for the
Hubs II, III, IV and V, and the number of properties in the Hubs
from II to V (out of the metropolitan region) whose technical and
patrimonial treatments have been partial within the period by
10% (ten per cent) of the unit price contracted for the Hubs II, III,
IV and V;
(iii) The sum of the products between the number of properties
whose topographical surveys have been effectively performed
within the period by the unit prices contracted according to the
kind of property measured respectively.

Stage 2: Treatment of the Legal Documents of the Properties
Monthly, the Supervision Committee will verify the number of properties
that have had their documents legally treated.
The amount to be paid for Stage 2 will be made up of the following
addends:
(i) The product between the number of properties of the Hub I
(metropolitan region) whose documents have been effectively
treated within the period by 30% (thirty per cent) of the unit price
contracted by the Metropolitan Region;
(ii) The product between the number of properties of the Hubs
II to V (out of the metropolitan region) whose documents have
been effectively treated within the period by 30% (thirty per cent)
of the unit price contracted for the Hubs II, III, IV and V;

Stage

3: In
putting of the Data Obtained in

SISPAT

83 Section VII. Special Conditions of Contract

Number of the
CEC Clause
Modifications or complementation to the General Condition Clauses of
the Contract
Monthly, the Supervision Committee will verify the number of properties
whose data have been input in the SISPAT.
The amount to be paid for Stage 3 will be made up of the following
addends:
(i) The product between the number of properties of the Hub I
(metropolitan region) whose data have been effectively input in
the SISPAT within the period by 30% (thirty per cent) of the unit
price contracted for the Metropolitan Region;
(ii) The product between the number of properties of the Hubs
II to V (out of the metropolitan region) whose data have been
effectively input in the SISPAT within the period by 30% (thirty per
cent) of the unit price contracted for the Hubs II, III, IV and V;

Based on the physical schedule presented in the Technical Specifications,
see below the financial schedule proposed:
Month
Percentage of
the
Measurement
Accrued
Percentage
Month
Percentage of
the
Measurement

Accrued
Percentage

1
0,56

0,56

19
2,08

50,72

2
1,17

1,73

20
2,37

53,09

3
2,27

4,00

21
2,64

55,72

4
2,17

6,17

22
2,89

58,62

5
2,73

8,90

23
3,06

61,67

6
2,73

11,64

24
3,22

64,90

7
3,21

14,85

25
3,22

68,12

8
3,21

18,06

26
3,22

71,34

9
3,21

21,28

27
3,22

74,56

10
3,21

24,49

28
3,22

77,79

11
3,21

27,71

29
3,22

81,01

12
3,21

30,92

30
3,22

84,23

13
3,21

34,13

31
3,22

87,46

14
3,21

37,35

32
3,22

90,68

15
3,21

40,56

33
3,22

93,90

16
3,21

43,77

34
3,22

97,12

17
2,66

46,43

35
1,92

99,04

18
2,21

48,64

36
0,96

100,00


6.5
The term for the payment is 30 (thirty) days as of the date of receipt of the
credit document, with no error, in the duly organ, which shall have been
previously certified by two civil servants other than the Purchasing Agent,
who are appointed to the inspection of the Contract.
If any invoice needs to be presented again due to a flaw in the Contracted
Section VII. Special Conditions of Contract 84

Number of the
CEC Clause
Modifications or complementation to the General Condition Clauses of
the Contract
Party’s procedure, the term of 30 (t
hirty) days will restart as of the date
when the invoice is presented again.
Payments t
hat are delayed, once they are not delayed due to a flaw in the
procedure of the Contracted Party, will be added of a 0,5%
(zero comma
five percent) per month, pro rata die
, calculated as of the date when the
payment should have been made until it is effectively made.
To receive the payment, the Contracted Party shall present the following
documents:
a-) pro
of of regularity with the Federal, State and Municipal Treasury of the
place where the enterprise is domiciled;
a-1) the proof of good standing with the
Internal Revenue Service
shall be presented by means of the Clearance Certificate of Debts on
Federal Taxes and Contributions, to be issued by the Secretary of the
Revenue Service, and Clearance Certificate on Outstanding Debts of
the Union, to be issued
by the National Treasury General Attorney’s
Office (PGFN).
a.2) the proof of regularity with the State Treasury shall be
presented by means of the Clearance Certificate of Debts on the
Value Added Tax on Services Provided and Goods Dispatched
(ICMS), to be issued by the State Secretary of Treasury and the
Clearance Certificate of Outstanding Debts with the State
Government for the purpose of Bid Processes, to be issued by the
State General Attorney’s Office (PGE-RJ).
iii. 3) the proof of regularity with the
Municipal Treasury shall be
presented by means of the Clearance Certificate of Debts on any tax
referring to services provided.
b-) Proof of regularity (CND)
with the Social Security Institute (INSS)
and with the Severance Pay Indemnity Fund (FGTS);
6.6
The price adjustment will be calculated having IPCA index as a basis.
7.1
The principle and the modalities of the Inspection of the Service by the
Employer are:
a) Monthly, 10% (tem per cent)
of the services provided by the
Contracted Party will be thoroughl
y inspected by the inspection
team, according to the duly standards for such services.
It is
expected that the Contracted Party reaches 100% (
one hundred per
cent) of efficiency (zero defect),
therefore, having no repeated
malpractice being qualified.
85 Section VII. Special Conditions of Contract

Number of the
CEC Clause
Modifications or complementation to the General Condition Clauses of
the Contract
The Period while there will be liability on defects is 1
(one) year as of the
final acceptance given by the Employer.
8.2.3
The Mediator is (Information to be filled in after the bid), who will be paid
an hourly fee of
R$200,00 (
two hundred

reais)
.

8.2.4
Arbitration will be carried out as set forth in the Brazilian Arbitration Laws
(L
aw

9.307
of September, 23,
1996).

8.2.5
The Licensing Party assigned as a new Mediator is (Information to be filled
in after the bid)



86








Section VIII. Technical Specifications
87 Section VIII. Technical Specifications
Technical Specifications

TABLE OF CONTENTS

1. JUSTIFICATION:
2. OBJECTIVE:
3. ROUTINES FOR THE EXECUTION OF THE ENGINEERING SERVICES:
4. APPLICABLE LEGISLATION ON PROPERTY:
4.1 Laws;
4.2 Decrees;
4.3 Resolutions.
5. SCOPE OF THE WORK:
5.1 Technical and Patrimonial Treatment of the Property:
5.1 1 Survey of the Floor Plans and Drawings Existing in the Files of the State of Rio de Janeiro
5.1 2 Physical Inventory of the Properties;
5.1 3 Survey of Occupancy;
5.1 4 Preparation or Updating of Architecture Plans of the Properties;
5.1 5 Production of Reports of Technical Visits and Patrimonial Evaluation;
5.1 6 Topographical Survey of the Property (if applicable).
5.2 Treatment of the Legal Documents of the Properties:
5.2.1 Research of Documents;
5.2.2 Receipt of Documents;
5.2.3 Presentation of the Report on the Properties Inventoried;
5.2.4 Digitalization of Documents.
5.3 Data Inputting in the Patrimonial Management System - SISPAT on a georeferenced basis:
5.3.1 Input of the Registration Data;
5.3 2 Input of the Data into a Georeferenced Database;
5.3.3 Itens of the Technical and Patrimonial Treatment of the Properties;
5.3.4 Itens of the Treatment of the legal documentation of the Properties.
6. OUTCOME OF THE WORK:
7. PAYMENT CRITERIA:
7.1 Stage 1: Technical and Patrimonial Treatment of the Properties;
7.2 Stage 2: Treatment of the legal documentation of the Properties;
7.3 Stage 3: Inputting of the Data Obtained into SISPAT.
8. PHYSICAL SCHEDULE:
9. SUPERVISION:
10.MISCELLANEOUS:
ANNEXES
Section VIII. Technical Specifications 88


1. JUSTIFICATION
The property belonging to the State of Rio de Janeiro consists mostly of real estate that was
transferred by the former State of Guanabara, by means of the Federal Law 3.752, of April 14, 1960,
and, later, to the State of Rio de Janeiro. There are also properties for which there has not been an
acknowledgment of ownership by the Municipality of Rio de Janeiro, as a result of property
distribution.
Some properties that used to belong to the former State of Rio de Janeiro (before the merger, in 1975)
also constitute these assets, together with some that were incorporated later. There are other
properties that were added by means of expropriation, exchange, donation, delivery in accord and
satisfaction and other forms of acquisition.
Due to the diversity of origins, a substantial number of this property does not have its ownership
registration regularized, many times as a consequence of outdated or unidentified registration in the
property Notary Public Offices. Cases when unfinished judicial acquisitions or situations were not
dealt with accordingly at the time when the transaction happened, what made it impossible to register
the acquisition of such real estate.
The typology of the State’s real estate property is very diversified, comprising public buildings, plots
of lands located in both urban and rural areas, islands, hospitals, museums, theaters, schools, among
others. In many cases, there are no floor plans or they are outdated.
In what regards to the ownership documents, in many cases, they are quite old, in which the address
in the Notary Public Office still corresponds to the place at the time when its registration was made.
There are differences in relation to current numbers and addresses as a result of urban
transformations.
Along the years, the scarcety of material, technical and financial resources directed to the central
organ responsible for the public property produced little effect in relation to the identification,
regularization and evaluation of such properties, especially for those located away from the
metropolitan region. This scenario affected the clear understanding of the property situation,
including of the value of said properties, what implied in an inefficient management, made even more
difficult due to the size of said property.

2. OBJECTIVES
A. GENERAL OBJECTIVE
The services proposed herein have as their objective to make the State Administration property
management feasible. This shall be accomplished by means of surveying the property belonging to
the State Administration, improving the registration and the use of IT systems in their management.

B. SPECIFIC OBJECTIVE
This bid aims at selecting the enterprise that will provide the State with the specialized technical
engineering services listed below, which will be performed in an estimated number of 4.880 (four
thousand, eight hundred and eighty) properties:
￿ Inspection of properties belonging to the State Administration;
￿ Survey and identification of properties for their duly registration;
89 Section VIII. Technical Specifications
￿ Evaluation of the State property;
￿ Physical inventory followed by technical inspection reports;
￿ Survey and updating of the value of the properties, so that they can be recorded by the State
General Controllership Office - CGE;
￿ Survey of the Notary Public Office Documentation;
￿ Inputting of the information related to inventoried properties into the Property Management
System – SISPAT – in a georeferenced database.
SISPAT (Property Management System) is the information system used by the State Subsecretary of
Property (SEPLAG/SUBPA) for the management of property. It contains a database with detailed
physical, legal and occupancy characteristics. It is integrated with a module which is based on
geoprocessing.
The system was developed in DELPHI programming language. Its database is SQL SERVER 2000,
using geoprocessing tools from ESRI (ArqGis and MapObject).

3. ROUTINES FOR THE EXECUTION OF THE ENGINEERING SERVICES
The preparation of technical inspection reports shall consider the terms set forth by NBR 14653 and
its complementary standards, produced by the Legal Engineering Institute – IEL – using mainly the
direct comparison method with data from the market.

4. APPLICABLE LEGISLATION ON PROPERTIES

4.1 - Laws
￿ Complementary Law 8, of October, 25, 1977, rules on the judicial system of the property of
the State of Rio de Janeiro and other measures;
￿ Complementary Law 45, of July, 24, 1985, provides a new wording to § 1, of Article 35, of
Complementary Law 8, of 25 October 1977;
￿ Complementary Law 26, of December, 6, 1991, amends provisions of Complementary Law
8, of October, 25, 1977;
￿ Complementary Law 58, of January, 15, 1990, rules on the application of Article 68, § 1, of
the State Constitution and other measures;
￿ Complementary Law 60, of March, 28, 1990, rules on the application of Article 68, § 1, of
the State Constitution and other measures;
￿ Complementary Law 126, of April, 17, 2009, adds Sub-Section V to Section III, of Chapter
IV, of Complementary Law 8, of October, 25, 1977;
￿ Complementary Law 127, of May, 5, 2009, provides a new wording to Article 40, of
Complementary Law 8, of October, 25, 1977;
￿ Law 1738, of November, 5, 1990, rules on the creation of ITERJ (Land and Cartography
Institute of the State of Rio de Janeiro);
￿ Law 508, of December, 3, 1981, rules on the itemized process of unoccupied State lands and
other measures;
￿ Law 512, of December, 4, 1981, authorizes the Government to transfer property owned by
the State to the State Housing Company of Rio de Janeiro – CEHAB, with or without
consideration,;
Section VIII. Technical Specifications 90

￿ Law 2184, of November, 30, 1993, rules on the concession of the interest of use of the
property it mentions;
￿ Law 2217, of January, 18, 1994, rules on state assets and other measures;
￿ Law 3000, of July, 6, 1998, rules on procedures for obtaining insurance against fire damage;
￿ Law 3189, of February, 22, 1999, rules on the Social Security Fund of the State of Rio de
Janeiro – RIOPREVIDÊNCIA and other measures;
￿ Law 3350, of December, 29, 1999, rules on legal charges and fees of the notary and registry
services in the State of Rio de Janeiro;
￿ Law 4397, of September, 17, 2004, rules on the compulsory installation of water meters in
public service property;
￿ Federal Law 6.766, of December, 19, 1979, rules on the division of the urban land;
￿ Federal Law 9.785, of January, 29, 1999, rules on the division of the urban land;
￿ Decree-Law 9.760, of September, 5, 1946, rules on Navy lands and Navy added lands.

4.2 - Decrees
￿ Decree 750, of June, 10, 1976, rules on the administration of state property;
￿ Decree 19923, of May, 9, 1994, rules on the judicial system of the property of the Agencies,
Public Companies, Mixed Capital Companies, and Foundations, established by the State of
Rio de Janeiro;
￿ Decree 19924, of May, 9, 1994, consolidates the duties of the Property Department of the
State of Rio de Janeiro – DPI and other measures;
￿ Decree 22886, of December, 26, 1996, rules on the Administrative Policy Power that the DPI
exercises over the property of the State of Rio de Janeiro;
￿ Decree 23107, of May, 7, 1997, authorizes Deans of State Universities to enter into business
agreements with respect to property belonging to the aforesaid Universities;
￿ Decree 25217, of March, 17, 1999, in Article 22, deals with the takeover of the assets of
Rioprevidência – including the property of the Direct Administration, and State Public
Agencies and Foundations;
￿ Decree 25253, of April, 16, 1999, rules on the procedures related to the adoption of public
buildings or spaces administered by the State and other measures;
￿ Decree 25316, of May, 28, 1999, rules on the transfer of the property used by the Social
Security Fund of the State of Rio de Janeiro – RIOPREVIDÊNCIA and other measures;
￿ Decree 26818, of July, 31, 2000, rules on the basic structure of ITERJ;
￿ Decree 33926, of September, 18, 2003, deals with the accessibility of persons with
disabilities and persons with reduced mobility into the agencies and bodies of the State Public
Administration;
￿ Decree n° 41047, of December, 4, 2007, admits the ineffectiveness of the asset inventory
system;

4.3 - Resolutions
￿ CONFEA Resolution 345, of July, 27, 1990, rules on the requirement of a university
qualification to operate as an Evaluation Engineer or as an Engineering Expert Examiner;
￿ PGE Resolution 2017, of May, 6, 2005 approves the standard draft of the property rental
contract of the State Public Administration;
91 Section VIII. Technical Specifications
￿ PGE Resolution 2510, of August, 11, 2008 approves the standard draft of the assignment of
use agreement of state property;
￿ PGE Resolution 2511, of August, 11, 2008 approves the standard draft of the permission of
use agreement of state property;
￿ PGE Resolution 2513, of August, 26, 2008 approves the standard draft of the grant of use
agreement with a determinable interest;
￿ SEPLAG Resolution 203, of April, 8, 2009 approves the internal regulations of the State
Office of Planning and Management.

5. SCOPE OF THE SERVICES
The service is organized in three main stages: (1) technical and patrimonial treatment of the property,
(2) treatment of the legal documentation of the property, (3) inputting of data into SISPAT, in a
georeferenced database.

Besides that, the Supervision Committee, set forth in the scope of this Technical Specifications shall
establish the criteria for the identification of each property to be registered, in accordance with the
criteria that has already been in use by SEPLAG, and following the requirements of SISPAT.

5.1 – Technical and Patrimonial Treatment of the Properties
The technical and patrimonial treatment of the properties belonging to the State Administration, in
this Technical Specifications, comprises:
5.1.1 Survey of the Architecture Plans and Drawings Existing in the Files of the State of
Rio de Janeiro;
5.1.2 Physical Inventory of the Properties;
5.1.3 Survey of Occupancy;
5.1.4 Preparation or Updating of Architecture Plans of the Properties;
5.1.5 Production of Reports of Technical Visits and Patrimonial Evaluation;
5.1.6 Topographical Survey of the Property (if applicable).

For the purpose of measurement and payment, the technical and patrimonial treatment of the
properties will be classified in two categories:
(i) Complete, in the cases when there is no obstacle to the technical and evaluation inspection,
allowing the tasks set forth in 5.1.2, 5.1.3, 5.1.4 and 5.1.5 to be performed with no
constraints. The tasks set forth in 5.1.6 shall be performed when necessary. A Technical
Inspection and Evaluation Report shall be produced;
(ii) Partial, in the cases when the properties are found inaccessible due to their location in risky
areas, invasion, non-existence or because it was given another purpose, such as its
transformation into a square, street, etc...). In these cases, only the tasks set forth in 5.1.2
and 5.1.3 can be performed, although they will not be completed in some situations. A
Technical Inspection Report shall be produced.
Section VIII. Technical Specifications 92

Topographical Surveys, when necessary, shall be previously approved by the Committee of
Supervision.

5.1.1 – Survey of the Plans and Drawings Existing in the Files of the State of Rio de Janeiro;
Verification in SEPLAG/SUBPA’s and other organs’ files in order to meet the intended objectives.
SEPLAG, whenever possible, will make the access to the necessary material easier, what at no time,
extinguish the obligation of the Service Provider to acquire or prepare the duly plans or drawings.


5.1.2 – Physical Inventory of the Properties;
Field survey of the physical characteristics of the properties, such as improvements made to them and
their location. If necessary, a topographical survey shall be made, but SEPLAG/SUBPA will have to
authorize it previously.
In all assets to be inventoried a technical inspection shall be performed by a civil engineer or architect
registered in CREA.

5.1.3 – Survey of Occupancy;
For each property, data about the person/entity occupying it shall be surveyed, regardless of their
condition as a State Organ or not, in such a way that a thorough identification and contacts are
known. In case there is more than one person/entity occupying the property, they shall be surveyed
separately, if possible, and the geographical area occupied by each of them shall be identified.
When the technical and evaluation inspection is not justifiable or cannot be performed due to the
invasion of the property or a different purpose given to it (its transformation into a square, street,
etc…), i.e., when the evaluation is partial, a Technical Inspection Report shall be produced
containing:
￿ Address;
￿ Person/entity occupying it and/or destination;
￿ Photos;
￿ Situational description.
Observation 1: in case the property is occupied by an irregular occupation, with consequent
difficulties of access, the survey of occupation will not need to be performed.
Observation 2: the model for the Technical Inspection Report can be found in Annex 1.

5.1.4 – Preparation or Updating of Architecture Plans (planimetric survey) of the Properties;
This activity, performed in facilities and with equipments belonging to the Service Provider, shall
contemplate the preparation of the Architecture plans that are necessary to an accurate identification
of the property. The Service Provider will be able to use, when performing these tasks, drawings and
Architecture plans obtained in non-digital means together with SEPLAG/SUBPA.
All plans prepared shall have the indication of the author of the planimetric survey - or of its
conversion into a digital format - and of the professional who is technically responsible for it. The
plans shall be supplied in AutoCAD digital format files (extension *.DWG or *.DXF). The drawings
shall be supplied in A3 up to A0 format.

93 Section VIII. Technical Specifications


5.1.5 – Production of Reports of Technical Visits and Patrimonial Evaluation;

The Technical Inspection and Evaluation Reports (a sole document) shall be produced according to
NBR 14653, consisting of the following mandatory items, in conformity with the models and
practices adopted by SUBPA/SEPLAG:

￿ Objective of the study;
￿ Methodology;
￿ Degree of foundamentation;
￿ Photographic Report;
￿ Region/location;
￿ Detailed description of the property;
￿ Chart with a summary of the improvements made;
￿ Evaluation of the property: method, calculation memory, value of the plot of land, value of
the improvement, value of the property;
￿ Final considerations, including a chart with the ideal fraction of occupation for each
person/entity occupying the property.

Along the execution of the contract, the methodology to be used for the preparation of the Technical
Inspection and Evaluation Reports for each property, pursuant to the Standards mentioned
hereinbefore, shall be previously proposed by the Service Provider so that it is approved by the State
Secretary of Planning and Management - SEPLAG.
The reports shall contemplate the market value for the purpose of insurance against fire and
occupation rates for areas that are not affected by public service. They shall be signed by two duly
certified engineers or architects.
This patrimonial evaluation shall reflect the technical values practiced in the market, based on the