不好意思,我只有英文的,没有时间翻译,大家凑和着看吧。哪位大侠有时间的话可以帮忙翻译下。
The Details
Brazil''''s 1993 government procurement law (Law 8.666/93) already called for public purchasing and contracting to include environmental sustainability criteria. However, only now are the first tangible environmental criteria being defined. In Instructional Norm 1 of 2010, the Secretary of Logistics and Information Technology within the Ministry of Planning, Budget and Management sets out that federal bids must include objective environmental criteria for evaluating and judging the proposals, although they should not stifle competition. (Rule, Arts. 3, 2)
The Rule sets out environmental requirements for public works projects, purchases of goods, and finally contracts for services. The requirements are most numerous and detailed for public works and contracts for services. For example, bids for public works must set standards that envision economizing on maintenance and operation of the building, reducing energy and water use, as well as use of technologies and materials that reduce its envrionmental impact. (Art. 4) Specifically, the bid must call for exclusive use of compact fluorescent lamps or tubular high performance lamps and other high efficiency lighting, solar energy or other clean energy for heating water, and a system to reuse water and treat effluents, among others. (See Art. 4, I-IX)
Green Requirements for Goods
Federal government entities can demand the following environmental criteria when they purchase goods:
that the products be composed, in whole or in part, of recycled, non-toxic, biodegradable materials, in compliance with ABNT NBR standards 15448-1 and 15448-2;
that the products meet the requirements for INMETRO certification as sustainable products or of reduced environmental impact compared to similar goods;
that the products preferably be packaged individually in the least volume packaging possible using recycled materials; and
that the products not contain hazardous substances above the recommended limits in the EU RoHS Directive, specifically for mercury, lead, hexavalent chromium, cadmium, PBBs and PBDEs. (Art. 5)
Bidders will be able to prove that their products meet these requirements by (a) either providing certification from an official public institution or accredited organization or (b) some other means of proof that attests to the fact that their products meet the environmental criteria. (Art. 5, Section 1) The terms of the bid may also specify that after selecting a proposal but prior to signing the contract, in the absence of adequate certification, the government entity-purchaser may itself carry out due diligence to verify the adequacy of the products. (Art. 5, Section 2) In that event, the expenses for verification would be borne by the bidder. Finally, if compliance with the environmental criteria cannot be confirmed, the bidder''''s proposal will be disqualified. (Art. 5, Section 2)
Interestingly, the new Rule states quite clearly that the government must include the listed criteria in bids for public works and contracts for services. (See Arts. 4, 6) However, in the section on goods, the Rule states that the four listed criteria above may be required. While it is clear that federal bids for acquisition of goods must include environmental criteria (see Art. 2, 3), it is unclear whether the specific criteria for acquisition of goods in Article 5 are hard and fast requirements or only suggested as examples of environmentally sustainable factors from which the government entity may pick and choose or discard entirely. Future pronouncements from the Ministry of Planning will serve to clarify this and other questions posed by the new rules.
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