Contracting with Brazil’s Federal Government becomes easier for foreign companies

2020 Feb.12

On 11 February 2020, Brazil’s Ministry of Economy published the Normative Instruction No. 10, infra-legal administrative act that facilitates the registration of foreign companies in Federal Government’s system of electronic auctions and other bidding processes (Sicaf).

Find below the most important changes brought by Normative Instruction No. 10:
Simplification of documents required to participate in the bidding. According to Normative Instruction No. 10, the foreign companies interested in participating in any of the Federal Government’s bidding processes through Sicaf will be able to present their documents freely translated. Previously, this possibility was limited to electronic auctions, as established by Federal Decree No. 10,024/2016.

Moment for presenting accordingly sworn translated required for signing contracts with the Government. The foreign winning bidder shall present a sworn-translated and accordingly handout version of the documents only on the date of contract signing or minutes of prices registration.

Legal Representative in Brazil. Although the operation in the country is not required, the foreign winning bidder shall have a legal representative in Brazil with express powers to receive service of lawsuits and to defend the company administratively or judicially, if necessary.

The aforementioned changes brought by the Normative Instruction No. 10 shall enter into effect on 11 May 2020.

Related attorneys: Luis Gustavo Miranda / Victor Duarte Almeida /