MINISTRY OF EXTERNAL RELATIONS CONSULATE GENERAL OF BRAZIL IN MIAMI BIDDING COMMISION EDICT OF BIDDING NR 04 /2014

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1 1 MINISTRY OF EXTERNAL RELATIONS CONSULATE GENERAL OF BRAZIL IN MIAMI BIDDING COMMISION EDICT OF BIDDING NR 04 /2014 The Federative Republic of Brazil, represented by the Consulate General of Brazil in Miami, by this convocatory instrument, opens the bidding, on the basis of the lowest global price and, in accordance with the disposal at item 1, Object. 1. OBJECT 1.1. The present bidding aims at selecting a Legal Advisor, according to the following specifications: The advisor shall provide consultation and legal advice to the Consulate General of Brazil in Miami, as well as to Brazilian citizens who are referred to him by consular officials only, in cases involving the legal system or the laws of the United States of America, Florida, Puerto Rico and the Virgin Islands The advisor s activities will include, as requested by the Consulate General: a) advice to Brazilian citizens at the headquarters of the Consulate General in Miami, during three (3) days of the week, from 10am to 2pm, providing clarification and legal opinion on immigration, legal or judicial issues of interest. b) visits to Brazilian prisoners to provide legal guidance, clarification and legal opinion on immigration, legal or judicial issues of interest to the citizen. For budget purposes, the proponent should consider an estimate of three (3) visits per week to detention centers in the city of Miami and, occasionally, in others cities in the State of Florida; c) responses, within five (5) working days after being contacted, to Brazilian citizens queries by telephone and electronic mail. For such purpose, the Legal Advisor must exclusively use the address supplied by the Consulate General under the domain "@itamaraty.gov.br" and always send the answers with a copy to the address of the department Setor de Assistência a Brasileiros of the Consulate General; d) attend, as requested by the Consulate General, court hearings and/or other procedural and court actions involving Brazilian citizens, in order to follow the unfolding of their lawsuits. In such cases, the Legal Advisor shall report to the Consulate General the situation and provide legal opinion on possible strategies

2 2 and perspectives for each case. For budget purposes, the proponent should consider an estimate of three (3) court hearings or procedural acts per week; e) written reports with legal opinion on immigration and judicial proceedings involving Brazilians citizens, as requested by the Consulate General. For budget purposes, the Legal Advisor should consider an estimate of two (2) reports per week; and f) the Legal Advisor should submit, by the fifth (5 th ) day of each month, a written monthly report of the services, activities and care provided to Brazilian citizens and the Consulate General of Brazil in Miami The Legal Advisor s activities will include contacts and meetings with private attorneys, public defenders, prosecutors, judges and U.S. authorities in order to discuss specific cases involving Brazilians citizens or general legal issues The Legal Adviser cannot, on behalf of the Consulate General or during the exercise of its function, be part or attorney in lawsuits involving Brazilian citizens, nor can take, on behalf of the Consulate General, any commitment or be responsible for contracts, debts or expenses of Brazilian citizens The Legal Advisor cannot indicate to Brazilian citizens, under the exercise of its function at the Consulate General, names of professionals in the legal field or other areas for possible hiring by private applicants, unless the professional mentioned is willing to serve "pro bono" in favor of the Brazilian citizen or if a written authorization of the Consulate General is given to the Legal Advisor for providing such reference. 2. QUALIFICATION 2.1. The Legal Advisor must be licensed to practice law as a lawyer in the state of Florida, under Federal and Florida s laws, and meet conditions established in this bidding The Legal Advisor must be fluent in Portuguese, English and Spanish Until the day and time established on sub-item 5.1 of this edict, bidders, by means of duly accredited representatives, should deliver the financial proposal by to the address administ.miami@itamaraty.gov.br, or by certified mail to the Administration of the Consulate General of Brazil in Miami, located at 80 SW 8 th Street, Suite 2600, Miami, Florida, 33130, telephone (305) The financial proposals sent by mail must be in one sealed envelope containing in the outer front part, besides the name and official denomination of the enterprise, the following data: Consulate General of Brazil in Miami Bidding nr 04/ Financial Proposal The Financial Proposal envelope must contain the proposal as specified in item 5 of this edict.

3 3 3. THE LEGAL REPRESENTATIVE 3.1. Each bidder can present one legal representative to intervene in the phases of the bidding procedures, answering, thus, for all purposes, for its represented. 4. THE FINANCIAL PROPOSAL 4.1 The Financial proposal must contain: 4.1.1) the proposal letter in which should be expressly listed the global price of work, and the validity term of the proposal, which may not be less than 60 (sixty) days, as from the date of the opening session of this bidding. 5. OPENING AND JUDGEMENT OF DOCUMENTATION 5.1 The Financial Proposals will be received and accepted by the Administration of the Consulate General of Brazil in Miami, located at 80 SW 8 th Street, Suite 2600, Miami, Florida, 33130, until 3PM of May 6 th, 2014, occasion on which the Session of Opening of bids will take place After a maximum tolerance of fifteen 15 (fifteen) minutes, the President of the Bidding Commission will proceed to the opening of envelopes, containing the Financial Proposal, which will be examined by the accredited representatives of present bidders The President of the Bidding Commission will clarify that any contest relating to the goods to be provided should be formalised at that very moment, so that they be part of the notice of the meeting In case of controversy, the President of the Bidding Commission shall set the date of the following meeting. In the interim between the first and the second meetings, the Bidding Commission will judge the controversy pointed by themselves or by the representatives of the bidders The President of the Bidding Commission will clarify that any contest relating to services presented should be formalised at that very moment, so that they be part of the rapport of the meeting If the bidders immediately renounce to any intention of appealing to the result of the judgement, the President of the Bidding Commission will set the date for the announcement of the final result of the bidding 5.7. The President of the Bidding Commission is allowed, if necessary, to call extraordinary meetings or make any changes in the schedule established in this Edict, which will be duly informed to bidders. 6. CRITERIA OF JUDGEMENT OF FINANCIAL PROPOSALS 6.1. For the purposes of judgement of proposals, only those presented by qualified bidders that meet the requirements provided for in this Edict will be analysed.

4 The criterion to be adopted for the judgement of the present bidding will consider the lesser global price The Consulate General of Brazil in Miami is sovereign in the election of the proposals and its decision is final, on the terms of this Edict. 7. ADJUDICATION AND HOMOLOGATION 7.1. After the final result of the classification of bidding companies, the President of the Bidding Commission will submit it to the Consul General of Brazil in Miami for due homologation and will allot the object of the present bidding to the winner The Consulate General of Brazil in Miami may add or suppress elements to the object initially bidden for, which the winning company will be bound to accept up to the limit of 25% (twenty five percent) of the initial stipulated value, in the same conditions of the proposal. 8. DEADLINE TO COMPLETE THE SERVICES 8.1. The contract to be signed by both parties after the adjudication and homologation will be in force for a period of twelve (12) months as of the date of its signature or acceptance by the Consulate General of Brazil in Miami, and may be extended by means of an addendum signed by both parties, to a maximum of four (4) additional periods of twelve (12) months. For each extended period the Consulate-General must obtain a minimum of two others proposals to demonstrate that the cost of the current contract is the lesser global price. Any of the two parties may opt not to exercise this extension clause. 9 PAYMENT AND SCHEDULE OF DISBURSEMENT 9.1. The total value of the contract will not be adjustable Payment for the products provided will be made by check, after receipt of the invoice, the written report indicated in clause f of the present edict of bidding and after the services specified in clause 1 are provided and accepted by the Consulate. 10 PENALTIES Failure to comply with provided deadlines for accomplishment of any of the stages contemplated in the schedule of services will entail the refund of the payment eventually made or a fine corresponding to 1% (one percent) of the total value of services for each calendar day of delay. 11. GENERAL PROVISIONS 11.1 The Consulate General of Brazil in Miami grants itself the right to revoke, suspend or postpone, in the whole or in part, the present bidding, due to administrative convenience, without the right for bidders to claim indemnities of any sort The Bidder will be the sole responsible for the furnishing of all services Further information on the present requirements may be obtained personally at the Administration of the Consulate General of Brazil in Miami, located at 80 SW 8 th Street, Suite 2600, Miami, Florida, 33130, telephone (305) , from 10am to 1pm hours.

5 Upon the criterion of the President of the Special Bidding Commission, proposals containing minor flaws or omissions irrelevant for judgement purposes might be admitted This edict of bidding will be part of the contract to be signed In participating in this process with the presentation of a proposal the bidder agrees with all the clauses specified in this edict of bidding The forum of Miami, Florida, will be relevant for the solution of any litigation or issues pertaining to this bidding, renouncing the parties to any other, as privileged as it may be. Miami, FL, April 21 st, 2014 (...) President of the Bidding Commission