Quando É Proibido Celebrar PPP?

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§ 4o É vedada a celebração de contrato de parceria público-privada:

        I – Cujo valor do contrato seja inferior a R$ 10.000.000,00 (dez milhões de reais);                    

        II – Cujo período de prestação do serviço seja inferior a 5 (cinco) anos; ou

        III – que tenha como objeto único o fornecimento de mão-de-obra, o fornecimento e instalação de equipamentos ou a execução de obra pública.

QUESTÃO ERRADA: É vedada a celebração de contrato de parceria público-privada cujo período de prestação do serviço seja inferior a 10 (dez) anos.

QUESTÃO CERTA: É vedada a celebração de contrato de parceria público-privada que tenha como objeto único o fornecimento de mão de obra, o fornecimento e instalação de equipamentos ou a execução de obra pública.

QUESTÃO CERTA: O Estado de Minas Gerais pretende contratar, através de parceria público-privada, empresa para o fornecimento e a instalação de equipamentos, sendo a contratação estimada em trinta milhões de reais, devendo perdurar por prazo superior a seis anos. Nesse caso, a parceria público-privada: não será possível em razão do objeto contratual.

QUESTÃO ERRADA: É permitida a celebração de parceria público-privada que tem como objeto único o fornecimento de mão de obra.

QUESTÃO CERTA: Situação hipotética: O estado X pretende realizar obra de restauração no parque estadual com a construção de pistas de corrida, quadras poliesportivas e parque aquático. Em decorrência de restrição orçamentária, o estado pretende firmar uma PPP para tal fim. Assertiva: Nesse caso, é vedada a realização da PPP, por se tratar exclusivamente de contrato de execução de obra pública.

QUESTÃO CERTA: É vedada a celebração de contrato de parceria público-privada caso o valor do contrato seja inferior a dez milhões de reais e o período de prestação do serviço seja inferior a cinco anos.

QUESTÃO CERTA: De acordo com a Lei n.º 11.079/2004, para todos os casos em que se pretenda adotar uma parceria público-privada (PPP), é necessário que: o valor do contrato a ser firmado seja igual ou superior a dez milhões de reais.

QUESTÃO ERRADA: É vedada a celebração de parceria público-privada por contrato de valor inferior a vinte milhões de reais.

QUESTÃO CERTA: Prazo mínimo previsto pela Lei n o 11.079/2004 para a celebração de contrato de parceria público-privada: cinco anos.

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QUESTÃO ERRADA: É vedada a celebração de contrato de parceria público-privada cujo valor do contrato seja superior a R$ 20.000.000,00 (vinte milhões de reais).

Para PPP, não há teto, apenas piso: 10 milhões de reais.

QUESTÃO CERTA: Uma determinada empresa pública pretende abrir procedimento licitatório para celebração de parceria público-privada, com o objetivo único de contratação de mão de obra. O contrato a ser celebrado deverá ter a duração de 8 anos e o valor da contratação será de 10 milhões de reais. Nessa hipótese, segundo o disposto na Lei n° 11.079/2004, a pretendida parceria: não poderá ser feita, em razão de a Lei vedar a parceria com o objetivo único de contratação de mão de obra.

QUESTÃO CERTA: Sobre as parcerias público-privadas é correto afirmar: O prazo de vigência contratual poderá ser pactuado em 6 (seis) anos.

QUESTÃO ERRADA: Nos casos específicos descritos na Lei 11.079/04 (Lei das PPP´s), é possível celebrar contratos de parcerias público-privadas em valores de R$5.000.000,00 a R$10.000.000,00.

QUESTÃO ERRADA: O contrato de parceria público-privada é destinado à prestação de serviços essenciais à população, e deve ter duração mínima de dois anos para prestação do serviço;

QUESTÃO CERTA: É vedada a celebração de contrato de parceria público-privada que tenha como objeto único o fornecimento de mão de obra, o fornecimento e instalação de equipamentos ou a execução de obra pública.

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