The president Jair Bolsonaro sanctioned the new Bidding Law, which provides for permission for guarantee insurance and the creation of the National Public Procurement Portal, as published on Thursday in an extra edition of the Official Gazette.
The new law creates rules for the Union, States and municipalities and provides for five types of bidding: competition, tender, auction, auction and competitive dialogue. This last modality, inspired by experiences abroad, allows negotiations with potential competitors previously selected.
Among the criteria for judging concessions, the law provides, in addition to a lower price, better technique or artistic content, greater economic return, greater discount or bid.
The new framework also inserts a specific chapter to deal with crimes in public tenders and contracts, providing for penalties for those involved in illegal contracting.
The National Portal foreseen in the text will be a page on the Internet that will gather information on bids and hiring of entities from all spheres of government.
Bolsonaro vetoed the section that predicted that in auctions involving a loan from an official agency of international organizations could have special conditions for contracting provided that there was a dispatch from a higher authority.
According to the federal government, the measure is contrary to the public interest, since the requirement for motivated dispatch must be from the superior authority of the executing agency of the program or project, and not of the agency that represents the borrower.
It was also vetoed the article that determined that the reference values of the consumption items purchased could not be higher than the reference values of the executive power, which according to the government violates the principle of separation of powers.
The approved bill establishes that the laws dealing with the trading session will be revoked in two years. During this period, it will be possible to launch a bidding under the traditional regime so that the bodies and entities adapt to the new rules. At the end of the biennium, it will be mandatory.