{"id":76006,"date":"2024-07-10T08:21:31","date_gmt":"2024-07-10T11:21:31","guid":{"rendered":"https:\/\/dev.abes.com.br\/?p=76006"},"modified":"2024-06-22T19:29:33","modified_gmt":"2024-06-22T22:29:33","slug":"a-contratacao-de-empresas-de-tecnologia-por-inexigibilidade-de-licitacao","status":"publish","type":"post","link":"https:\/\/dev.abes.com.br\/en\/a-contratacao-de-empresas-de-tecnologia-por-inexigibilidade-de-licitacao\/","title":{"rendered":"Hiring technology companies due to non-requirement of bidding"},"content":{"rendered":"

\"\"*Per Daniella Caverni\u00a0<\/em><\/p>\n

Introduction to Tender Law<\/span><\/b>\u00a0<\/span><\/p>\n

Law No. 14,133\/2021, Bidding Law, is the current legislation that governs the rules for public procurement, in the Brazilian context, it is a set of rules that regulate the contracting of works, services, purchases and disposals by direct, indirect public administration and autonomous, at all federative levels (federal, state, municipal and Federal District). The main purpose of the law is to guarantee the selection of the most advantageous proposal for public administration, with transparency, equal conditions between participants and the search for the best cost-benefit.<\/span>\u00a0<\/span><\/p>\n

A<\/span>Law No. 8,666\/1993<\/span><\/a>in force until December 2023 (<\/span>MP No. 1,167\/2023<\/span><\/a>). Currently, the regulation of public bidding and contracting is carried out by the<\/span>Law No. 14,133\/2021 (New Law on Tenders and Administrative Contracts)<\/span><\/a>. It is important to clarify here that during the transition period \u2013 until December 2023 \u2013 the public manager could choose to use the rules of either of the two laws, but not combine them in the same event, that is, when carrying out a bidding process, applied one standard or the other.\u00a0<\/span>\u00a0<\/span><\/p>\n

After this period, both Law No. 8,666\/93 and other legislation linked to bidding (from the Auction -<\/span>Law No. 10,520\/02<\/span><\/a>- and the RDC \u2013 Art. 1 to 47-A of<\/span>Law No. 12,462\/11<\/span><\/a>) were revoked. However, contracts signed under the old law continue to be governed by it until its complete termination. Today, we still have many contracts regulated by Law No. 8,666\/93.<\/span>\u00a0<\/span><\/p>\n

The main objectives of a bidding process are: (i) ensuring the selection of the proposal capable of generating the most advantageous contracting result for the Public Administration, including with regard to the life cycle of the object; (ii) ensure equal treatment between bidders, as well as fair competition; (iii) avoid overpriced contracts or contracts with clearly unenforceable prices and overpricing in the execution of contracts; and (iv) encourage innovation and sustainable national development.<\/span>\u00a0<\/span><\/p>\n

These standards aim to prevent practices of corruption, favoritism and collusion between competing companies, ensuring that public resources are used efficiently and ethically. The Bidding Law establishes the procedures to be followed at each stage of contracting, from publication of the notice to award of the contract. In addition, it defines the types of bidding, criteria for judging proposals, deadlines and resources available to participants in the bidding process.<\/span>\u00a0<\/span><\/p>\n

Article 28 of the Bidding Law defines the bidding modalities, that is, the specific rules according to the nature of the object to be contracted. The bidding modalities are:<\/span>\u00a0<\/span><\/p>\n