Artigos - Postado em: 24/10/2014

(English) Changes in the Brazilian Public Bidding Procedure “Registro de Preços”: Resettlement of the Amounts to be Purchase by Public Entities

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Recently, Normative Instruction nº 6 of the Logistic and Technology Information Office of the Ministry of Planning, Budget and Management was published to regulate the Decree nº 7.892/13 (Regulation of the Registro de Preços procurement System) regarding the resettlement of items recorded in the Minutes of Registered Prices – ARP.

The Decree set forth that the invitation to bid must settle that the total amount to be purchased shouldn’t exceed five times the amount registered on the Minutes of Registered Prices. Also, any public entity desiring to benefit from the prices registered will be able to contract a maximum of 100% of the registered amount.

Although, newly published Normative Instruction nº 6makes it possible to transfer the surplus of an entity that needs a lower amount of items to another needing a higher amount of it. The resettlement may occur between public entities participating to the bidding procedure and even between those and another one that were not originally involved on it. The public authority managing the bid will be responsible for the resettlement procedures, after the approval of the public entity that will suffer the reduction of their registered amounts.

If the resettlement is made between public entities belonging to different States or Municipalities, the supplier can opt for accepting or denying the supply arising from such resettlement, according to the conditions set forth by the Minute.

If you have any doubts concerning the Prices Registration Public Bidding System, pleasecontact us, our Administrative Law team is available to help you.

Carolina Alves Chagas Pianetti – member of the Administrative Law team.

Source: Federal Official Journal

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