A Parceria público privada no Arsenal de Marinha do Rio de Janeiro: a manutenção de meios navais de superfície

Abstract

The public-private partnership is a modern instrument for the concession of a public good to be managed by a private company, in a manner shared with the public power. A PPP is constituted from a bidding procedure, and for the conclusion of the contract partnership, the winning company or consortium must establish a new company called a special purpose company. This concession regime arises under Law No. 11,079 / 2004 for the purpose of establishing general rules for bidding and contracting PPPs within the scope of public administration. Before starting the bidding process, the proposed partnership must besubmitted to the Federal Public-Private Partnership Management Committee (CGP), in which aspects of opportunity and convenience will be verified. The MD and MB defined rules for the presentation of the proposed partnership. It must be demonstrated that a PPP is aligned with political and strategic defense documents. The PND, the END and the PEM have provisions that indicate the preparation, in general, and the maintenance of naval assets, specifically, parts of the political-strategic management. The PPP instrument has to beconducted as a risk divider for participating public and private entities, and must rely on corporate governance, based on disclosure, fairness, accountability and compliance, seeking effectiveness and efficiency of the enterprise. Maintenance is a logistic function. Their outcome indicators should converge to integrated logistical support that can be conducted with life-cycle management. The AMRJ is a maintenance organ. An administrative concession of the AMRJ, through a PPP, aims at the maintenance of machinery, engines, ship’s hull below and above water line and allow the use of facilities to provide services to the oil and gas sector. However one question to be answered is the feasibility of a public-private partnership in the AMRJ? The search for the proper answer will be carried out analyzes of laws, executive orders and other normative documents. The results will be pointed out with the outline of a test of adequacy, feasibility and acceptability