On April 06th, 2015, Decree No. 8,428/2015 was enacted seeking to: (i) define the procedures for submission of Expressions of Interest (EOIs) in respect of projects and studies for the Public Administration; and (ii) revoke the previous regulations on the matter, namely Decree No. 5,977/2006.
Decree No. 5,977/2006 limited the submission of EOIs to public-private partnerships. However, Decree No. 8,428/2015 expands their use to include public service projects, leasing of public assets and granting of rights of use (concessão de direito de uso real).
The new Decree stipulates that the Federal Committee of Public-Private Partnership (Comitê Gestor de Parceria Público-Privada Federal – GCP) is no longer the authority solely responsible for receiving EOI submissions. The relevant authority or a collegiate body in charge of carrying out the bid procedure may also receive EOI submissions.
In addition to expanding the scope of EOIs, defining clear rules in connection with bid notices and criteria to evaluate projects, Decree No. 8,428/2015 permits private entities to submit EOIs.
An EOI submission must identify the project and detail the public need to be met, as well as the scope of the project and studies.