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The Senate approved on Thursday (10/12) the new Bidding Law (Bill 4.253 / 2020). The text, which is the substitute prepared by the Chamber of Deputies for Senate Bill 559/2013, now passes for presidential approval.
Edilson Rodrigues / Agência Senado
The norm consolidates the rules of the Bidding Law (Law 8,666 / 93), the Auctions Law (Law 10,520 / 2002) and the Differentiated Contracting Law (Law 12,462 / 2011). The wording of the final text should be subject to editorial adjustments. The forecast is that most of the new diploma will take effect in two years.
“We end this analysis with the certainty that the National Congress has prepared a text that meets the ambitions of both administrators and administrators, and that it will contribute to improving the business climate with the public sector and promoting the development of the country,” he said. the rapporteur. of the text, Senator Antonio Anastasia (PSD-MG).
The norm creates rules for the Union, states and municipalities and provides for five types of bidding: competition, bidding, auction, auction and competitive dialogue. This last modality is an innovation that has foreign inspiration and is characterized by allowing negotiations with potential competitors previously selected by objective criteria.
Regarding the judgment criteria, the new law provides, in addition to the lowest price, the best technique or artistic content, the highest economic profitability, the highest discount and the largest offer.
Highest value
Among the sections modified by the Chamber and maintained by the Senate are the increase in the estimated value of works and services considered “of great importance” (from R $ 100 million to R $ 200 million) and the change in the registration system of prices, which will be used not only in the trading session, but also in direct contracts and contests.
On the other hand, the Senate rejected the change of Chamber so that scientific, technological and innovation (ICT) institutions could act as intermediaries in the hiring of educational institutions. According to Anastasia, this would make hiring procedures more expensive. “Creating this new function, which has nothing to do with ICT and which will increase the transaction cost for contracting non-profit institutions, is foolhardy,” he said.
Jonas Lima, a lawyer specialized in public procurement and contracting and a partner at Jonas Lima Sociedade de Advocacia, says that the consolidation of standards will facilitate the entry of Brazil into the Public Procurement Agreement of the World Trade Organization, which allows foreigners to participate in local tenders and Brazilian, bidding in other countries.
“(The new law) can be summed up as a law that includes demands that are already expected, understandings already established in jurisprudence and solutions that were being put into operation as good public management practices,” assesses Lima.
It also states that the standard “innovates in measures to improve the planning phase, emphasizing the need for a preliminary technical study, which implies documenting market solutions in the definition of the contracting strategy.”
Regarding the execution of contracts, the law allows the offer of guarantee insurance, which aims to prevent the works from being unfinished.
The text also seeks to increase the transparency of the bidding processes with the creation of the National Public Procurement Portal. The page will collect information on tenders and contracting of entities from all levels of government. With information from the Senate Agency.
Click here to read the project
Click here to read the opinion of the rapporteur
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