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Foreign Policy Analysis
Lei 8666 Completa Atualizada –  lei das Licitações audio

Lei 8666 Completa Atualizada – lei das Licitações audio


Law No. 8,666, of June 21, 1993 Veto message
(See Decree No. 99,658, 1990) (See Decree No. 1,054 of 1994)
(See Decree No. 7,174 of 2010) (See Provisional Measure No. 544 of 2011)
(See Law No. 12,598 of 2012) (See Law 13,800 of 2019) Regulates art. 37, item XXI, of the Constitution
Federal Government, establishes rules for and Public Administration contracts and
make other arrangements. THE PRESIDENT OF THE REPUBLIC
the National Congress decrees and I sanction the following law: Chapter I
GENERAL PROVISIONS Section I
Of the Principles Article 1 This Law establishes general rules
on bids and administrative contracts pertaining to works, services, including
advertising, shopping, disposals and rentals within the powers of the Union, the States,
Federal District and Municipalities. Single paragraph. They are subordinate to the regime
of this Law, in addition to the administrative direct funds, special funds, municipalities,
public foundations, public companies, mixed capital companies and other entities
controlled directly or indirectly by the Union, States, Federal District and Municipalities. Art. 2 The works, services, including
advertising, purchases, disposals, concessions, Administration permissions and leases
When contracted with third parties, will necessarily be preceded by bidding,
subject to the assumptions provided for in this Law. Single paragraph. For the purposes of this Law,
contract is considered any and all adjustments between management bodies or entities
Public and Private, where there is an agreement of wills for bond formation
and the stipulation of reciprocal obligations, whatever the denomination used. Art. 3 The bidding is intended to guarantee
compliance with the constitutional principle of isonomy, the selection of the most
advantageous for administration and promotion sustainable national development and
will be prosecuted and tried in strict accordance with the basic principles of legality,
impersonality, morality, equality, publicity, administrative probity,
binding on the convening instrument, of objective judgment and their
correlates. (Wording given by Law No. 12,349, 2010) (Regulation) (Regulation) (Regulation) Paragraph 1. The public agents are forbidden: I – admit, predict, include or tolerate, in
summons, clauses or conditions that compromise, restrict or frustrate the
its competitive character, including in the cases cooperative societies, and establish
preferences or distinctions because of place of birth or domicile of the bidders
or any other impertinent circumstance irrelevant to the specific object of the
subject to the provisions of § 5 12 of this article and in art. 3rd of Law No. 8,248,
October 23, 1991; (Wording given by Law No. 12,349 of 2010) II – establish differentiated treatment of
commercial, legal, labor, social security nature or any other between Brazilian companies
and foreign, including as regards the currency, mode and place of payment,
even when financing of international agencies, except as provided
in the following paragraph and in art. 3rd of the Law No. 8,248 of October 23, 1991. Paragraph 2. On equal terms, as a criterion
tiebreaker, preference will be ensured, successively to goods and services: I – (Repealed by Law No. 12.349, 2010) II – produced in the country; III – produced or provided by companies
Brazilian women. IV – produced or provided by companies
that invest in research and development technology in the country. (Included by Law
11,196, of 2005) V – produced or provided by companies which
prove fulfillment of job reserve provided for by law for the disabled
or for Social Security rehabilitated and that meet accessibility rules
provided for by law. (Included by Law No. 13.146 of 2015) (Duration) § 3 The bidding will not be confidential, being
public and accessible to the public the acts procedure, except as regards the content
until their opening. Paragraph 4 (Vetoed). (Included by Law No. 8,883,
1994) Paragraph 5. In the bidding processes,
margin of preference should be established for: (Wording given by Law No. 13.146 of 2015)
(Validity) I – manufactured and service products
that comply with Brazilian technical standards; and (Included by Law No. 13,146 of 2015) II – goods and services produced or rendered
companies that prove compliance with job reserve provided by law for person
with disabilities or for rehabilitated Social Security Social and that meet accessibility rules
provided for by law. (Included by Law No. 13.146 of 2015) Paragraph 6. The margin of preference referred to in
Paragraph 5 shall be established on the basis of studies periodically reviewed within a period not exceeding
5 (five) years, which take into consideration: (Included by Law No. 12,349 of 2010) (See
Decree No. 7,546 of 2011) (See Decree No. 7,709 of 2012) (See Decree No. 7,713,
(See Decree No. 7,756 of 2012) I – generation of employment and income; (Included
by Law No. 12,349 of 2010) II – effect on the collection of federal taxes,
state and municipal; (Included by Law No. 12,349 of 2010) III – development and technological innovation
held in the country; (Included by Law No. 12,349 of 2010) IV – additional cost of products and services;
and (Included by Law No. 12,349 of 2010) V – in its reviews, retrospective analysis
of results. (Included by Law No. 12,349, of 2010) Paragraph 7 For manufactured goods and services
resulting from the development and technological innovation in the country,
preference margin may be established additional to that provided for in Paragraph 5. (Included
Law No. 12,349 of 2010) (See Decree No. 7,546 of 2011) Paragraph 8. The margins of preference by product,
service, product group or service group, referred to in paragraphs 5 and 7 shall be defined
by the federal executive branch and cannot their sum exceeds 25%
(twenty five percent) on the price of the foreign manufactured goods and services.
(Included by Law No. 12,349 of 2010) (See Decree No. 7,546 of 2011) § 9 The provisions contained in § 5
and 7 of this article do not apply to goods and services whose production capacity
or benefit in the country is lower: (Included Law No. 12,349 of 2010) (See Decree
No. 7,546 of 2011) I – the quantity to be acquired or contracted;
or (Included by Law No. 12,349 of 2010) II – the quantity fixed on the basis of
in § 7 of art. 23 of this Law, when it is the case. (Included by Law No. 12,349 of
2010) § 10. The margin of preference to which it refers
Paragraph 5 may be extended in whole or in part to goods and services originating in the United
Parts of the Southern Common Market – Mercosur. (Included by Law No. 12,349 of 2010) (See
Decree No. 7,546 of 2011) § 11. Bidding documents for hiring
goods, services and works may, by means of prior justification by the competent authority,
require the contractor to promote, in favor of body or entity
public or those indicated by it from isometric process, compensation measures
commercial, industrial, technological or advantageous financing conditions,
cumulatively or not, in the form established by the federal executive branch. (Included by
Law No. 12,349 of 2010) (See Decree No. 7,546, from 2011) § 12. In hiring for the implementation,
maintenance and improvement of systems of information and communication technology,
considered strategic in the act of the Federal Executive, the bidding may be
restricted to goods and services with technology developed in the country and produced according
with the basic production process that it deals with Law 10,176 of January 11, 2001.
(Included by Law No. 12,349 of 2010) (See Decree No. 7,546 of 2011) § 13. It will be published on the Internet every
financial year, the list of companies favored as a result of the provisions of
Paragraphs 5, 7, 10, 11 and 12 of this article, with indication of the volume of resources allocated
to each one of them. (Included by Law No. 12,349 of 2010) § 14. The preferences set in this article
and other bidding rules and contracts should focus on differential treatment
and favored micro and business small in accordance with the law. (Included
Complementary Law No. 147 of 2014) § 15. The preferences set forth in this article.
prevail over other predicted preferences legislation when they are applied
about foreign products or services. (Included by Supplementary Law No. 147,
of 2014) Article 4 All who participate in bidding
promoted by the bodies or entities to which refers to art. 1st have public law
subjective to the faithful observance of the pertinent procedure established by this law and may
any citizen to follow its development, as long as it does not interfere so as to disturb
or prevent work from being performed. Single paragraph. The bidding procedure
provided for in this law characterizes administrative act formal, whether practiced in any sphere
of Public Administration. Art. 5 All values, prices and costs
used in the bids will have as an expression currency the national currency, except
the provisions of art. 42 of this Law, each Administration unit, in the payment of the
obligations concerning the provision of goods, leases, works and
provision of services, to obey, for each different source of resources, the strict
chronological order of the dates of their liabilities, except where relevant reasons are present
public interest and upon prior justification competent authority, duly published. Paragraph 1. The credits referred to in this article
will have their values ​​corrected by criteria notice and provided for in
preserve the value. Paragraph 2. The correction referred to in paragraph
payment will be made with with the principal, will account for them
budget appropriations which have met the credits to which they refer. (Wording given
8,883 of 1994) Paragraph 3. Subject to the provisions of the caput, the payments
arising from expenses the amounts of which exceed the limit of the item
II of art. 24, without prejudice to single paragraph, shall be made by
within five (5) business days from the date of of invoice presentation. (Included by
Law No. 9,648, 1998) Art. 5a. Bidding and contracting rules
should focus on differential treatment and favored micro and business
small in accordance with the law. (Included Complementary Law No. 147 of 2014) Section II
Definitions Art. 6 For the purposes of this Law: I – Work – all construction, renovation, manufacture,
recovery or expansion, carried out by direct or indirect execution; II – Service – any activity intended to
obtain certain utility of interest to Administration, such as: demolition,
repair, installation, assembly, operation, maintenance, repair, adaptation, maintenance,
transportation, rental of goods, advertising, insurance or technical-professional work; III – Purchase – all remunerated acquisition
of goods for one-time supply or in installments; IV – Disposal – any transfer of
domain of goods to third parties; V – Major works, services and purchases
– those whose estimated value is higher 25 (twenty five) times the limit established
in item “c” of item I of art. 23 of this Law; VI – Guarantee Insurance – the insurance that guarantees
the faithful fulfillment of the obligations assumed by companies in bids and contracts; VII – Direct execution – that performed by the
management bodies and entities, by the own means; VIII – Indirect execution – to which the agency
or entity contracts with third parties under any (wording given by
Law No. 8,883, 1994) a) contract for a global price – when
contracts the execution of the work or service for right and total price; b) contract for unit price – when
the execution of the work or service is contracted for the right price of given units; c) (Vetoed). (Wording given by Law no.
8,883, 1994) d) task – when manpower is adjusted
for small jobs at the right price, with or without supply of materials; e) full contract – when hired
an enterprise in its entirety, comprising all stages of works, services and facilities
required under full responsibility from the contractor until its delivery to the contractor
under commissioning conditions, met the technical and legal requirements for your
safe use structural and operational characteristics and
appropriate to the purposes for which it was contracted; IX – Basic Design – set of elements
necessary and sufficient, with a level of adequate accuracy to characterize the work
or service, or complex of works or services object of the bid, prepared on the basis of
indications of preliminary technical studies, ensure the technical feasibility and the appropriate
treatment of the environmental impact of the enterprise, and that allows the evaluation of the cost of
methods and timing shall contain the following:
Elements: a) development of the chosen solution
in order to provide overview of the work and identify all its constituent elements
clearly; b) global and localized technical solutions,
sufficiently detailed to minimize the need for reformulation or variants
during the project preparation phases executive and construction works; c) identification of the types of services
to be performed and of materials and incorporate into the work as well as its specifications
ensure the best results for the venture without frustrating the character
competitive for its execution; d) information that enables the study
and the deduction of construction methods, facilities provisional arrangements and organizational conditions
to the work without frustrating the competitive character for its execution; e) subsidies for setting up the bidding plan
and management of the work, including its programming, supply strategy,
surveillance and other necessary data in each case; f) detailed budget of the overall cost of the
based on quantitative services and supplies properly evaluated; X – Executive Project – the set of elements
necessary and sufficient for full implementation according to the relevant standards
of the Brazilian Association of Technical Standards – ABNT; XI – Public Administration – the administration
directly and indirectly from the Union, the States, Federal District and Municipalities, covering
including entities with legal personality under private law under the control of public authority
and foundations established by him or maintained; XII – Administration – body, entity
or administrative unit by which the Administration Public operates and acts concretely; XIII – Official Press – Official Vehicle
Public Administration, being for the Union the Official Gazette,
and for the states, the Federal District and the Municipalities, as defined in their respective
laws; (Wording given by Law No. 8,883, 1994) XIV – Contractor – is the body or entity
signatory to the contractual instrument; XV – Contractor – the natural or legal person
signatory to a contract with the Management Public; XVI – Commission – commission, permanent or
created by the Administration with the function of receiving, examining and judging all
documents and procedures relating to bids and the registration of bidders. XVII – national manufactured products – products
manufactured goods, produced in the national territory according to the basic production process
or with the rules of origin laid down by the Federal executive branch; (Included by Law
No. 12,349 of 2010) XVIII – national services – services provided
under the conditions established by the Federal executive branch; (Included by Law
No. 12,349 of 2010) XIX – information technology systems
and Communication Strategic – Goods and Services of information and communication technology
whose discontinuity causes significant damage public administration and involving
at least one of the following requirements related to critical information: availability,
reliability, security and confidentiality. (Included by Law No. 12,349 of 2010) XX – products for research and development
– Necessary goods, inputs, services and works for scientific and technological research activity,
technology development or innovation technology, broken down into a project
research approved by the contracting institution. (Included by Law No. 13,243 of 2016) Section III
Of Works and Services Art. 7 The bids for the execution
works and services comply with the provisions of this article and, in
particular, to the following sequence: I – basic project; II – executive project; III – execution of works and services. Paragraph 1. The execution of each step shall be obligatorily
preceded by the conclusion and approval by competent authority of the work relating to
previous steps except for the project which may be developed
concomitantly with the execution of the works and services provided that it is also authorized
by the Administration. Paragraph 2. Works and services may only be
be bid when: I – there is a basic project approved by the authority
available for examination by interested parties to participate in the bidding process; II – exist detailed budget in spreadsheets
that express the composition of all their unit costs; III – budget resources are foreseen
ensure payment of the obligations arising from works or services to be
implemented in the current financial year, according to the respective schedule; IV – her expected product is contemplated
the goals set out in the Multiannual Plan what art. 165 of the Constitution
Federal, when applicable. Paragraph 3. It is forbidden to include in the object of the bidding
obtaining financial resources for its execution, whatever its origin,
except in the case of projects carried out and operated under the concession scheme in
specific legislation. Paragraph 4. It is also forbidden to include in the object
bidding, supply of materials and services without forecasting quantities or
whose quantities do not correspond to the actual forecasts of the basic or executive project. Paragraph 5. Bidding is prohibited
whose object includes goods and services without similarity or of brands, features and specifications
except where technically justifiable, or even when the supply
such materials and services is made under the contracted administration scheme provided for
and discriminated in the call notice. Paragraph 6. Infringement of the provisions of this article.
implies the nullity of the acts or contracts performed and the responsibility of whoever gave them
cause. Paragraph 7. It shall not yet be computed as a value.
work or service for judgment purposes price proposals, the updating of the
payment obligations, since the end date of each measurement period
until the respective payment, which will be calculated by the same criteria established
obligatorily in the call notice. Paragraph 8. Any citizen may apply to the
Public Administration the quantitative of the works and unit prices of a given
work performed. Paragraph 9. The provisions of this article shall also apply,
where appropriate, in cases of dismissal and unenforceability of bidding. Art. 8 The execution of works and services
must always be programmed in its entirety, expected current and final costs and considered
the deadlines for its execution. Single paragraph. Delay is prohibited.
unmotivated performance of work or service, or portions thereof, if any forecast
budget for its full implementation, unless financial or proven insufficiency
technical reasons justified in detailed order of the authority to which
refers to art. 26 of this Law. given by Law No. 8,883 of 1994) Art. 9th May not participate, directly or
indirectly from the bidding or execution of work or service and the supply of goods
necessary to them: I – the author of the project, basic or executive,
person or entity; II – company, alone or in consortium,
responsible for project design basic or executive or from which the author of
project be leader, manager, shareholder or holder of more than 5% (five percent)
voting capital or controlling shareholder, technical manager or subcontractor; III – server or director of organ or
contracting entity or person responsible for bidding. Paragraph 1. The participation of the author is allowed.
project or company referred to in item II of this article, in the bidding of
work or service, or in execution, as a consultant or technician, in supervisory duties,
supervision or management solely in the service of the administration concerned. Paragraph 2. The provisions of this article do not prevent
the bidding or contracting of works or service that includes project design
contractor or by the contractor. price previously fixed by the Administration. Paragraph 3. Indirect participation,
for the purposes of this article, the existence of of any technical bond,
commercial, economic, financial or labor between the project author, individual or
and the bidder or person responsible for the services, supplies and works, including
supplies of goods and services to these needed. § 4 The provisions of the previous paragraph apply
to the members of the bidding committee. Art. 10. The works and services may be
in the following ways: given by Law No. 8,883 of 1994) I – direct execution; II – indirect execution, under the following regimes:
(Wording given by Law 8,883 of 1994) a) overall price contract; b) contract for unit price; c) (Vetoed). (Wording given by Law no.
8,883, 1994) d) task; e) full contract. Single paragraph. (Vetoed). (Wording given
8,883 of 1994) Art. 11. Works and services intended for
same ends will have standardized designs by types, categories or classes except when
the standard design does not meet the conditions specific to the site or the specific requirements
of the venture. Art. 12. In basic projects and projects
works and services executives will be considered mainly the following requirements:
given by Law No. 8,883 of 1994) I – security; II – functionality and suitability to interest
public; III – economy in execution, conservation
and operation; IV – possibility of employing labor,
existing materials, technology and raw materials in place for execution, conservation and
operation; V – ease of execution, conservation
and operation, without prejudice to durability the work or service; VI – adoption of technical, health standards
and adequate occupational safety; (Essay given by Law No. 8,883 of 1994) VII – environmental impact. Section IV
Of Specialized Professional Technical Services Art. 13. For the purposes of this Law, the following
specialized professional technical services work on: I – technical studies, planning and projects
basic or executive; II – opinions, expertise and evaluations in
general; III – technical advisory services
and financial or tax audits; (Wording given by Law 8,883 of 1994) IV – supervision, supervision or management
works or services; V – sponsorship or defense of judicial causes
or administrative; VI – training and improvement of personnel; VII – Restoration of works of art and goods
of historical value. VIII – (Vetoed). (Included by Law No. 8,883,
1994) Paragraph 1 Except for cases of non-eligibility
the contracts for the provision of specialized professional technical services
should preferably be concluded by means of a competition, with stipulation
prior award or compensation. Paragraph 2. The technical services provided for in this
Where applicable, the provisions of this in art. 111 of this Law. Paragraph 3. The service company
specialized technicians presenting a relationship of members of its procedural staff
or as an element of justification waiver or no requirement for bidding,
shall be obliged to ensure that such members personally and directly
the services covered by the contract. Section V
Shopping Art. 14. No purchase will be made without the
proper characterization of its object and indication of budgetary resources for
payment, under penalty of nullity of the act and responsibility of whoever gave it
cause. Art. 15. Purchases, whenever possible,
should: (Regulation) (Regulation) (Regulation) (Validity) I – comply with the principle of standardization,
that enforces specification compatibility technical and performance requirements when
where appropriate, the maintenance conditions, technical assistance and warranty offered; II – be processed through a system of
price registration; III – submit to the conditions of acquisition
and payment similar to those in the private sector; IV – be subdivided into as many parcels as
necessary to take advantage of the peculiarities market, aiming at economy; V – mark by the prices practiced in the
Management bodies and entities Public Paragraph 1. Price registration shall be preceded by
extensive market research. Paragraph 2. The registered prices shall be published.
quarterly for management guidance, in the official press. Paragraph 3. The price registration system shall be
regulated by decree, taking into account the peculiarities following conditions: I – selection made by competition; II – prior stipulation of the control system
and updating recorded prices; III – registration validity no higher than
one year. Paragraph 4. The Existence of Registered Prices
does not require management to enter into hires that may come from them, leaving him with
other means may be used, complying with the bidding legislation,
being assured to the beneficiary of the registration preference on equal terms. § 5. The control system originated in the
general pricing, where possible, should be computerized. Paragraph 6. Any citizen is a legitimate party.
to challenge price in the general framework because of its incompatibility with the
prevailing market price. § 7th In the purchases must be observed,
still: I – the complete specification of the good to be
purchased without indication of brand; II – the definition of units and quantities
to be purchased according to consumption probable use and utilization, the estimated
where possible by adequate quantitative estimation techniques; III – the conditions of storage and storage
that do not allow material deterioration. § 8 The receipt of material of higher value
to the limit established in art. 23 of this Law, for the invitation modality, should be
entrusted to a committee of at least 3 (three) members. Art. 16. Publicity will be given monthly.
in an official disclosure body or in public access notices, the relationship between
of all purchases made by Management Direct or Indirect, in order to clarify
the identification of the purchased good, its price unit quantity, the quantity purchased, the name
of the seller and the total value of the transaction, can be agglutinated by items the purchases
made with waiver and unenforceability of bidding. (Wording given by Law 8,883 of 1994) Single paragraph. The provisions of this article
does not apply to waiver cases provided for in item IX of art. 24. (Included
8,883 of 1994) Section VI
Alienations Art. 17. The disposal of assets of the Administration
Subject to the existence of interest duly justified public statement shall be preceded
assessment and shall comply with the following standards: I – when immovable, it will depend on authorization
for governing bodies and municipal and foundational entities,
and for everyone, including parastatal entities, will depend on prior evaluation and bidding
in the competition modality is in the following cases: a) donation in payment; b) donation, allowed exclusively for
other management body or entity government, from any sphere of government, except for
the provisions of points f, hei; (Essay given by Law No. 11,952 of 2009) c) exchange, for another property that meets the
requirements contained in item X of art. 24 of this Law; d) investiture; e) sale to another management body or entity
from any sphere of government; (Included 8,883 of 1994) f) free or costly disposal,
concession of real right of use, lease or permission to use residential real estate
constructed, intended or effectively used housing programs or
land regularization of social interest developed by bodies or entities of the
public administration; (Wording given Law No. 11,481 of 2007) g) possession legitimation procedures
what art. 29 of Law 6383 of December 7, 1976, upon the initiative of
and deliberation of the management bodies Whose legal competence includes
such assignment; (Included by Law No. 11,196, from 2005) (h) free or costly disposal, lien,
concession of real right of use, lease or permission to use real estate for use
commercial area with an area of ​​up to 250 m² (two hundred and fifty square meters)
and within the framework of regularization programs developed land of social interest
by administrative bodies or entities public; (Included by Law No. 11,481,
2007) i) sale and grant of rights in rem
free or costly use of public land Union and Incra, where they focus on
occupations up to the limit referred to in § 1 of art. 6th of Law No. 11,952, of June 25
2009, for the purposes of land regularization, legal requirements are met; and (Writing
given by Law No. 13,465, 2017) II – when mobile, will depend on evaluation
prior to and bidding, waiving this in the following cases: a) donation, allowed exclusively for
purposes and use of social interest, after evaluation of their socio-economic opportunity and convenience,
regarding the choice of another form of alienation; (b) exchange, permitted exclusively between
public administration bodies or entities; c) sale of shares, which may be traded
in stock exchange, subject to specific legislation; d) sale of securities, in accordance with the law
relevant; e) sale of goods produced or traded
by management bodies or entities Public, by virtue of its purposes; f) sale of materials and equipment for
other management bodies or entities Without foreseeable use by
who has them. Paragraph 1. The properties donated based on the
“b” of item I of this article, after the reasons justifying your donation will revert to
the assets of the donating legal entity, its disposal by the beneficiary is prohibited. Paragraph 2. The Administration may also grant
title deed or real right real estate use, no bidding,
when the use is intended: Law 11,196 of 2005) I – another body or entity of the Administration
Whatever the location of the property; (Included by Law No. 11.196,
2005) II – the natural person who, under the law,
regulation or normative act of the competent body, has implemented the minimum requirements for
culture, gentle and peaceful occupation and exploitation rural area, observing the limit
referred to in paragraph 1 of art. 6 of Law no. 11,952, of June 25, 2009; (Essay
given by Law No. 13,465, 2017) Paragraph 2a. The hypotheses of item II of § 2
exempt from legislative authorization, however, they undergo the following conditions:
(Wording given by Law No. 11,952 of 2009) I – application exclusively to areas
where private detention is proven prior to December 1, 2004; (Included
Law 11,196 of 2005) II – submission to other requirements and impediments
of the legal and administrative regime of and land regularization
public; (Included by Law No. 11.196, 2005) III – prohibition of concessions for hypotheses
not contemplated in the agrarian law, in the laws of destination of public lands,
or in the legal or administrative rules of ecological-economic zoning; and (Included
Law 11,196 of 2005) IV – provision for automatic termination of
concession, notification waived in case of declaration of utility, or need
public interest or social interest. (Included by Law No. 11.196, of 2005) § 2b. The hypothesis of item II of § 2
(Included by Law No. 11.196, 2005) I – only applies to property situated in a zone
rural, not subject to fencing, impediment or inconvenient to exploit them by
agricultural activities; (Included by Law No. 11.196, of 2005) II – is limited to areas of up to fifteen
fiscal modules, provided it does not exceed one thousand five hundred hectares, the exemption from
bidding for areas larger than this limit; (Wording given by Law No. 11,763,
from 2008) III – may be cumulated with the quantity
resulting from the figure provided for in item g of the caption to this article,
within the limit provided for in item II of this paragraph. (Included by Law No. 11.196,
2005) IV – (Vetoed) (Included by Law No. 11,763,
from 2008) Paragraph 3 – Investiture for the
purposes of this law: (Wording given by Law no. 9,648, 1998) I – the sale to real estate owners
remaining or resulting area public works, an area that becomes
unusable in isolation, for price never lower than the assessment and provided that
does not exceed 50% (fifty percent) of the value in item “a” of item
II of art. 23 of this law; (Included by Law No. 9,648, 1998) II – the alienation, to the legitimate owners
or, failing these, to the Government, of real estate for residential purposes built
in urban centers attached to hydroelectric plants, provided that they are considered expendable at the
of operation of these units and do not integrate the category of reversible assets at the end
of the concession. (Included by Law No. 9,648, 1998) § 4 The donation with charge will be bid
and of its instrument shall necessarily contain the charges, the term of their fulfillment and
reversal clause, under penalty of nullity the bidding is waived in the
duly justified public interest case; (Wording given by Law 8,883 of 1994) § 5 In the hypothesis of the previous paragraph,
if the grantee needs to offer the property in guarantee of financing, the clause
reversal and other obligations will be guaranteed by second mortgage in
favor of the donor. (Included by Law No. 8,883, 1994) Paragraph 6. For the sale of appraised movable property,
alone or globally, in an amount not exceeding the limit provided for in art. 23, item II,
“b” of this Law, the Administration may allow the auction. (Included by Law No.
8,883, 1994) Paragraph 7 (Vetoed). (Included by Law No. 11,481,
2007) Art. 18. In competition for the sale of
immovable property, the qualification phase will be limited to proof of payment of the amount
corresponding to 5% (five percent) of the assessment. Single paragraph. (Repealed by Law No.
8,883, 1994) Article 19. The Real Estate of the Administration
Whose acquisition was derived from court proceedings or giving in payment,
may be disposed of by the authority of the subject to the following rules: I – valuation of disposable assets; II – proof of necessity or usefulness
of alienation; III – adoption of the bidding procedure,
under the competition or auction mode. (Wording given by Law 8,883 of 1994) Chapter II
Bidding Section I
Modalities, Limits and Waiver Art. 20. The bids will be made
where the office concerned is located, except for reasons of public interest, duly
justified. Single paragraph. The provisions of this article
will not prevent the qualification of interested resident or headquartered in other locations. Art. 21. The notices containing the summaries of the
notices of tenders, decision-making prices, tenders and auctions, although
carried out at the location of the office concerned, should be published in advance,
at least for once: (Wording given by Law No. 8,883, 1994) I – in the Official Gazette, when
deal with bidding by an agency or Federal Public Administration entity
and, when it comes to works financed partially or fully federally funded
or guaranteed by federal institutions; (Wording given by Law 8,883 of 1994) II – In the Official Gazette of the State or District
Federal Government when dealing respectively with bidding by an agency or entity
State or Municipal Public Administration, or from the Federal District; (Wording given by
Law No. 8,883, 1994) III – in the official website of the respective
federative authority, made available to States, Federal District and Municipalities, alternatively,
the use of official website of the Union, according to the regulation of the Executive
federal. (Wording given by Provisional Measure No. 896 of 2019) Paragraph 1. The published notice shall contain the indication
where interested parties can read and get the full text of the announcement and all
the information about the bidding. Paragraph 2. The minimum period until receipt of the
proposals or the realization of the event will be: I – forty-five days for:
given by Law No. 8,883 of 1994) a) competition; (Included by Law No. 8,883,
1994) b) competition, when the contract to be
concluded contemplate the contract or when the bidding is of the type
“best technique” or “technique and price”; (Included by Law No. 8,883 of 1994) II – thirty days for: (Wording given by
Law No. 8,883, 1994) a) competition, in cases not specified
in item “b” of the previous item; (Included 8,883 of 1994) b) price taking, when the bidding
“best technique” or “technical” type and price “; (Included by Law No. 8,883,
1994) III – fifteen days for pricing,
in cases not specified in point “b” of the previous item, or auction; (Essay
given by Law No. 8,883 of 1994) IV – five business days for invitation. (Essay
given by Law No. 8,883 of 1994) § 3 The deadlines set in paragraph
previous will be counted from the last publication of the short notice or expedition
of the invitation, or the effective availability notice or invitation and its attachments,
whichever date occurs later. (Wording given by Law 8,883 of 1994) Paragraph 4. Any modification to the notice requires
disclosure in the same way as the original text, reopening the period initially
established, except when, unquestionably, the change does not affect the formulation of
proposals. Art. 22. The following are bidding modalities: I – competition; II – price taking; III – invitation; IV – contest; V – auction. § 1st Competition is the bidding modality
between any interested parties who, at the preliminary qualifying
have the minimum qualification requirements required in the notice to execute his
object. Paragraph 2. Price taking is the modality of
bidding between interested parties registered or that meet all the conditions
required for registration by the third day prior to the date of receipt of tenders,
the required qualification is observed. § 3 rd Invitation is the bidding modality
interested parties in the field relevant to its object, whether registered or not, chosen and
invited at least 3 (three) by the administrative unit, which shall post,
in appropriate place, copy of instrument call and will extend it to the other registrants
corresponding expertise they express your interest in advance of up to 24
(twenty four) hours of the presentation of the proposals. Paragraph 4 Tender is the bidding modality
among any interested parties to choose from technical, scientific or artistic work,
through the establishment of awards or remuneration winners, according to criteria set forth in
notice published in the official press with minimum advance of 45 (forty five)
days Paragraph 5 Auction is the bidding modality
between any interested parties for sale of useless movable property for the administration
or products legally seized or seized, or for the disposal of immovable property provided
in art. 19, who offers the highest bid, equal to or greater than the valuation value.
(Wording given by Law 8,883 of 1994) § 6 In the hypothesis of § 3 of this article,
existing in the square more than 3 (three) possible interested parties with each new invitation
for identical or similar object, it is required the invitation to at least one other interested party,
as long as there are uninvited registrants in the last bids. (Wording given
8,883 of 1994) § 7 When, due to market limitations
or manifest disinterest of the guests, impossible to obtain the minimum number
bidders required by paragraph 3 of this article, such circumstances should be duly
justified in the process, under penalty of repetition of the invitation. Paragraph 8. The creation of other modalities is prohibited.
or a combination of these in this article. § 9 In the event of paragraph 2 of this
Article, the administration may only require from the non-registered bidder the documents
provided for in arts. 27 to 31, which prove enabling compatible with the object of
bidding, pursuant to the notice. (Included 8,883 of 1994) Art. 23. The bidding modalities to which
refer to items I to III of the previous article shall be determined on the basis of the following
limits, in view of the estimated value of the hiring: I – for engineering works and services:
(Wording given by Law No. 9,648 of 1998) (See Decree No. 9,412 of 2018) (Term) a) invitation – up to R $ 150,000.00 (one hundred and fifty
thousand reais); (Wording given by Law No. 9,648, (See Decree No. 9,412 of 2018)
(Validity) b) pricing – up to R $ 1,500,000.00
(one million five hundred thousand reais); (Essay Law No. 9,648 of 1998) (See Decree
nº 9,412, of 2018) (Term) c) competition: over R $ 1,500,000.00
(one million five hundred thousand reais); (Essay Law No. 9,648 of 1998) (See Decree
nº 9,412, of 2018) (Term) II – for purchases and services not mentioned
in the previous item: (Wording given by Law No. 9,648, 1998) (See Decree No. 9,412,
2018) (Duration) a) invitation – up to R $ 80,000.00 (eighty thousand
reais); (Wording given by Law No. 9,648, (See Decree No. 9,412 of 2018)
(Validity) b) pricing – up to R $ 650,000.00
(six hundred and fifty thousand reais); (Essay Law No. 9,648 of 1998) (See Decree
nº 9,412, of 2018) (Term) c) competition – over R $ 650,000.00
(six hundred and fifty thousand reais). (Essay Law No. 9,648 of 1998) (See Decree
nº 9,412, of 2018) (Term) Paragraph 1. The works, services and purchases made
Management will be divided into as many installments as many as are technically and
economically viable by proceeding to bidding for the best use
available market resources and the increased competitiveness without losing
economy of scale. (Wording given by Law No. 8,883, 1994) Paragraph 2. In the execution of works and services and
purchases of goods, in installments pursuant to of the previous paragraph, at each step or set
stages of work, service or purchase, there are to match distinct bid, preserved
the mode relevant to the implementation of the object in bid. (Wording given
8,883 of 1994) Paragraph 3. Competition is the mode of bidding.
appropriate, whatever the value of your object, either in the purchase or disposal of
immovable property, except as provided in art. 19, as in the concessions of real rights of
use and in international tenders, assuming that in the latter case, observing the limits
of this article, pricing when the body or entity has a register
suppliers or the invitation, when there is no supplier of the good or service
in the Country. (Wording given by Law No. 8.883, 1994) Paragraph 4. In cases where an invitation may be granted, the
may use pricing and in particular any case, the competition. Paragraph 5. The use of the modality is prohibited.
“invitation” or “pricing” as appropriate. in the case of parcels of the same work or
service, or for works and services of the same nature and in the same place as may be
be carried out jointly and concomitantly, whenever the sum of its values ​​characterizes
the case of “price taking” or “competition”, respectively, pursuant to this Article,
except for parcels of a specific nature that can be performed by people or companies
specialty other than that of the executor of the work or service. (Wording given by
Law No. 8,883, 1994) Paragraph 6. The industrial organizations of the Administration
Federal Government, given its peculiarities, shall comply with the limits set forth in
I of this article also for your purchases and services in general, provided that for the purchase
materials applied exclusively for maintenance, repair or manufacture of operating means
belonging to the Union. (Included 8,883 of 1994) § 7 In the purchase of divisible goods
and provided that there is no prejudice to the whole or complex, quantity quotation is allowed
lower than that demanded in the bidding increasing competitiveness, and may
the notice set minimum quantitative to preserve the economy of scale. (Included by Law
No. 9,648, 1998) Paragraph 8. In the case of public consortia, the following shall apply:
twice the values ​​mentioned in the caput of this article when formed by up to 3 (three)
of the Federation, and triple when formed by most. (Included by Law No.
11,107, from 2005) Art. 24. The bidding is not necessary: ​​(See
Law No. 12.188, of 2010) I – for engineering works and services of
up to 10% (ten per cent) of the expected limit in item “a” of item I of the preceding article,
provided that they do not refer to parcels of a same work or service or for works
and services of the same nature and in the same place that can be carried out jointly and concomitantly;
(Wording given by Law No. 9,648 of 1998) II – for other services and value purchases
up to 10% (ten per cent) of the expected limit in item “a” of item II of the previous article
and for disposals, in the cases provided for in this Law, provided that they do not refer to parcels
same service, purchase or sale the largest that can be performed
just one time; (Wording given by Law no. 9,648, 1998) III – in cases of war or serious disturbance
of the order; IV – in cases of emergency or calamity
when the urgency of situation that may cause
prejudice to or compromise the safety of persons, works, services, equipment and other goods,
public or private, and only for the assets necessary to meet the situation
emergency or calamitous and for the plots works and services that can be completed
within 180 (one hundred and eighty) consecutive and uninterrupted days counted
emergency or calamity has occurred, the extension of the respective contracts is prohibited; V – when they are not interested in the bidding
justifiably cannot be repeated without prejudice to the Management,
in this case all the conditions pre-established; VI – when the Union has to intervene in the
economic domain to regulate prices or normalize supplies; VII – when the proposals presented consign
prices manifestly higher than those charged domestic market or are incompatible
with those laid down by the competent official bodies, cases where, subject to the sole paragraph
of art. 48 of this Law and, if the situation persists, The direct award of the
goods or services for a value not exceeding to the price register or
services; (See paragraph 3 of article 48) VIII – for the acquisition by legal entity
domestic public law, of goods produced by or services provided by an agency or entity
integrating the Public Administration and has been created for this specific purpose
prior to the effective date of this Law, provided that the contracted price is compatible with
the one practiced in the market; (Wording given by Law No. 8,883, 1994) IX – when there is a possibility of impairment
national security in the cases established by by decree of the President of the Republic, heard
the National Defense Council; (Regulation) X – for the purchase or lease of property
intended for the fulfillment of primary purposes whose needs for
installation and location make the your choice as long as the price is compatible
according to market value, according to Preview; (Wording given by Law No. 8,883,
1994) XI – in hiring remnant of work,
service or supply as a result of of contractual termination, provided that
the order of bid classification the same conditions as those offered by
winning bidder, including how much at the price, duly corrected; XII – in the purchase of fresh produce,
bread and other perishable genres in time necessary to carry out the processes
corresponding bidding directly based on the daily price; (Essay
given by Law No. 8,883 of 1994) XIII – in hiring a Brazilian institution
under the regimental or statutory responsibility of research, teaching or development
institutional or dedicated institution the social recovery of the prisoner, provided
the contractor holds unquestionable reputation ethical and professional and not for profit;
(Wording given by Law 8,883 of 1994) XIV – for the acquisition of goods or services
under specific international agreement approved by the National Congress, when the
conditions offered are manifestly beneficial to the public authorities; (Essay
given by Law No. 8,883 of 1994) XV – for the acquisition or restoration of
works of art and historical objects of authenticity as long as they are compatible or inherent
the purposes of the body or entity. XVI – for the printing of official diaries,
standardized administration usage forms, and official technical editions, as well as
for the provision of computer services the legal person governed by domestic public law,
by bodies or entities that make up the Management Public, created for this specific purpose;
(Included by Law No. 8,883 of 1994) XVII – for the purchase of components or
parts of national or foreign origin, equipment maintenance
during the technical warranty period together with to the original supplier of such equipment,
when such exclusivity condition is indispensable for the duration of the guarantee;
(Included by Law No. 8,883 of 1994) XVIII – when purchasing or contracting services
for the supply of ships, vessels, air units or troops and their means of
displacement when in an eventual stay of short term in ports, airports or localities
different from their headquarters because of training or training when the lack of
legal deadlines may compromise normality and the purposes of the operations and provided
its value does not exceed the limit provided for in item “a” of item II of art. 23 of this
Law: (Included by Law No. 8,883, 1994) XIX – for the purchase of material for use by
Armed forces except materials personal and administrative use, when there is
need to maintain the required standardization by the logistic support structure of the media
naval, air and land commission instituted by decree; (Included
8,883 of 1994) XX – hiring a carrier association
disability, non-profit and of proven suitability by agencies or
Public Administration entities to the provision of services or supply
provided that the contracted price compatible with the market practice.
(Included by Law No. 8,883 of 1994) XXI – for the acquisition or hiring
product for research and development, limited, in the case of works and services of
engineering, at 20% (twenty percent) of the referred to in point “b” of item I
caput of art. 23; (Included by Law No. 13,243, 2016) XXII – in the contracting of supply or
electricity and natural gas supply with concessionaire, permissionaire or authorized
according to the rules of the specific legislation; (Included by Law No. 9,648 of 1998) XXIII – in the hiring performed by company
public company or mixed capital company with subsidiaries and subsidiaries, for the acquisition of
or disposal of assets, provision or obtaining provided that the contracted price
compatible with the market practice. (Included by Law No. 9,648 of 1998) XXIV – for the conclusion of contracts of
provision of services with organizations qualified in the context of their respective
spheres of government, for activities contemplated in the management contract. (Included by Law
No. 9,648, 1998) XXV – in the hiring performed by Institution
Scientific and Technological – ICT or by agency fostering technology transfer
and for the licensing of right of use or protected farm exploitation. (Included
Law No. 10,973 of 2004) XXVI – the conclusion of a program agreement
Federation entity or entity indirect administration for the provision of
associated services pursuant to the consortium agreement
public or in a cooperation agreement. (Included by Law No. 11,107 of 2005) XXVII – in contracting collection, processing
and commercialization of solid waste recyclable or reusable urban
areas with selective waste collection system, made by associations or cooperatives
formed exclusively by individuals low-income groups recognized by the government
as waste pickers, using equipment compatible with
technical, environmental and health standards public (Wording given by Law No. 11,445,
2007). (Validity) XXVIII – for the supply of goods and services,
produced or provided in the country, involving, cumulatively, high technological complexity
and national defense, upon the opinion of the specially designated by the highest authority
of the organ. (Included by Law No. 11,484, 2007). XXIX – in the acquisition of goods and contracting
services to meet the contingents Military of the Brazilian Singular Forces
employed in peacekeeping operations abroad, necessarily justified as to the price
and at the choice of the supplier or performer and ratified by the Force Commander. (Included
Law No. 11,783, of 2008). XXX – in hiring an institution or
organization, public or private, with or non-profit institutions for the provision of
technical assistance and extension services under the National Assistance Program
Technique and Rural Extension in Agriculture Family and Agrarian Reform, instituted
by federal law. (Included by Law No. 12.188, of 2010) Term XXXI – in hiring to fulfill
of the provisions of arts. 3rd, 4th, 5th and 20th of the Law 10,973, of December 2, 2004, observed in
her general hiring principles constants. (Included by Law No. 12,349,
of 2010) XXXII – on hiring where there is transfer
of strategic product technology to the Unified Health System – SUS, within
8,080 of September 19, 1990, as listed in an act of the national board
SUS, including on the occasion of the acquisition of these products during the absorption steps
technological. (Included by Law No. 12,715, from 2012) XXXIII – In the hiring of private entities
non-profit, for the implementation of cisterns or other social technologies
access to water for human consumption and production food to benefit families
low-income rural areas hit by drought or regular lack of water. (Included by
Law No. 12,873, 2013) XXXIV – for acquisition by legal entity
internal public law of strategic inputs for health produced or distributed
foundation which, regimentally or statutorily, is intended to support a management body
public service, your local authority or foundation in teaching projects, research, extension,
institutional, scientific development and technological and stimulating innovation,
including administrative and financial management necessary for the execution of these projects,
or in partnerships involving transfer of strategic product technology to
the Unified Health System – SUS, under the terms XXXII of this article, and which has
been created for that specific purpose on a date prior to the validity of this Law, provided
the contracted price is compatible with the practiced in the market. (Included by Law
No. 13,204 of 2015) XXXV – for the construction, expansion,
the reform and improvement of establishments provided that the situation of
serious and imminent risk to public safety. (Included by Law No. 13,500 of 2017) Paragraph 1. The percentages referred to in items
I and II of the caption to this article will be 20% (twenty percent) for purchases, works and services
hired by public consortia, society mixed economy, public enterprise and
qualified municipality or foundation in the form as executive agencies. (Included
by Law No. 12,715 of 2012) Paragraph 2. The temporal limit of the creation of the organ
or entity that is part of the management established in item VIII of the caput
This article does not apply to organs or entities that produce strategic products
SUS, within the scope of Law No. 8.080 of September 19, 1990, as listed
act of the national board of SUS. (Included by Law No. 12,715 of 2012) Paragraph 3. The hypothesis of exemption provided for in
item 21 of the caput, when applied to works and engineering services, will follow procedures
special rules specific. (Included by Law No. 13,243,
2016) Paragraph 4. The foreseen fence does not apply.
in item I of the caput of art. 9th to hypothesis provided for in item XXI of the caput. (Included
Law No. 13,243 of 2016) Art. 25. Bidding is not required when
there is unfeasibility of competition, in particular: I – for the acquisition of materials, equipment,
or genres that can only be provided by producer, company or sales representative
exclusive, brand preference is prohibited, proof of exclusivity must be
made through certificate provided by the local trade registry
in which the bidding or work would take place or the service by the Union, Federation
or Employer Confederation, or by the equivalent entities; II – for hiring technical services
listed in art. 13 of this Law, by nature with professionals or companies
notable specialization, prohibiting the for advertising and dissemination services; III – for hiring a professional from
any artistic sector, directly or through an exclusive entrepreneur, provided
consecrated by the specialized critic or by public opinion. Paragraph 1. It is considered of notorious specialization.
the professional or company whose concept in field of his specialty, arising from
past performance, studies, experiences, publications, organization, equipment,
technical staff, or other related requirements with their activities, allow us to infer that the
your work is essential and arguably best suited to the full satisfaction of the object
of the contract. § 2 In the hypothesis of this article and in any
exemption cases, if proven overpriced, respond jointly and severally to the damage caused
to the Public Treasury the supplier or the provider services and the responsible public agent,
without prejudice to other applicable legal sanctions. Art. 26. As dispensas previstas nos §§ 2o
e 4o do art. 17 e no inciso III e seguintes of art. 24, as situações de inexigibilidade
referred to in art. 25, necessariamente justificadas, e o retardamento previsto no final do parágrafo
only of art. 8o desta Lei deverão ser comunicados, dentro de 3 (três) dias, à autoridade superior,
para ratificação e publicação na imprensa oficial, no prazo de 5 (cinco) dias, como
condição para a eficácia dos atos. (Essay dada pela Lei nº 11.107, de 2005) Single paragraph. O processo de dispensa,
de inexigibilidade ou de retardamento, previsto neste artigo, será instruído, no que couber,
com os seguintes elementos: I – caracterização da situação emergencial,
calamitosa ou de grave e iminente risco à segurança pública que justifique a dispensa,
When it’s the case; (Wording given by Law nº 13.500, de 2017) II – razão da escolha do fornecedor ou executante; III – justificativa do preço. IV – documento de aprovação dos projetos
de pesquisa aos quais os bens serão alocados. (Incluído pela Lei nº 9.648, de 1998) Section II
Qualification Art. 27. For qualification in bids
Interested parties shall be required exclusively to documentation concerning: I – legal qualification; II – technical qualification; III – economic and financial qualification; IV – tax and labor regularity;
(Wording given by Law No. 12,440 of 2011) (Validity) V – compliance with the provisions of item XXXIII
of art. 7th of the Federal Constitution. (Included Law No. 9,854 of 1999) Art. 28. The documentation regarding the qualification
as appropriate, will consist of: I – identity card; II – commercial registration, in case of company
individual; III – articles of incorporation, statute or contract
in force, duly registered, in accordance with in the case of commercial companies, and in
case of joint stock companies, accompanied by of documents of election of its administrators; IV – inscription of the constituent act, in the case
of civil societies, accompanied by evidence acting director; V – authorization decree, in the case of
operating company or foreign company in the Country, and act of registration or authorization
issued by the competent authority, when the activity so requires. Art. 29. The documentation regarding the regularity
tax and labor law, as appropriate, will consist of in: (Wording given by Law No. 12,440 of
2011) (Term) I – proof of registration in the People’s Register
(CPF) or the General Taxpayer Register (CGC); II – proof of registration in the taxpayer register
state or local government, if any, the domicile or registered office of the bidder,
to your industry and compatible with the contractual object; III – proof of regularity with the Treasury
Federal, State and Municipal domicile or headquarters of the bidder, or other equivalent,
in the form of the law; IV – proof of regularity related to Security
Social Security and the Time Guarantee Fund Service (FGTS), demonstrating regular situation
compliance with the social security charges by law. (Wording given by Law No. 8,883,
1994) V – proof of non-payment of defaulted debts
before the Labor Court by presentation of negative certificate, in
Title VIIa of Consolidation Labor Law, approved by Decree-Law
No. 5,452 of May 1, 1943. (Included Law No. 12,440 of 2011) (Term) Art. 30. The documentation regarding the qualification
technique will be limited to: I – registration or registration with the professional entity
competent; II – proof of suitability for performance
relevant and compatible activity, quantities and terms with the object of the bid,
and indication of installations and equipment and appropriate and available technical personnel
for the purpose of bidding, as well as the qualification of each of the
members of the technical team who will be responsible for the works; III – proof, provided by the body
from which he received the documents and, when required, of which you became aware
all information and conditions places to fulfill their obligations
object of the bidding; IV – proof of fulfillment of anticipated requirements
in special law, where appropriate. Paragraph 1. The proof of suitability referred to
in item II of the “caput” of this article, in the case relevant bids for works and services,
will be made by certificates provided by people public or private law,
duly registered with professional entities requirements limited to:
given by Law No. 8,883 of 1994) I – technical-professional training: proof
of the bidder to own in his permanent staff, on the expected date of submission of the proposal,
higher level professional or other professional recognized by the competent authority, the holder
certificate of technical responsibility for performance of work or service of characteristics
similar, limited to those exclusively the most relevant and valuable parcels
significant object of the bidding, prohibited requirements for minimum quantities or
maximum time limits; (Included by Law No. 8,883, 1994) II – (Vetoed). (Included by Law No. 8,883,
1994) a) (Vetoed). (Included by Law No. 8,883,
1994) b) (Vetoed). (Included by Law No. 8,883,
1994) Paragraph 2. The most technically relevant parcels
and of significant value mentioned in paragraph shall be defined in the instrument
call. (Wording given by Law no. 8,883, 1994) Paragraph 3. Proof of proof shall always be permitted.
of aptitude through certificates or attestations of similar works or services of complexity
equivalent technological and operational higher. Paragraph 4. In the bids for the supply of
proof of suitability when where appropriate, shall be made by means of
provided by a legal entity governed by public or private. Paragraph 5. Proof of proof is prohibited.
activity or aptitude with limitations of time or season or even in specific locations,
or any others not provided for in this Law, that inhibit participation in the bidding. Paragraph 6. The minimum requirements regarding
flowerbeds, machinery, equipment and specialized technical personnel considered
essential for the fulfillment of the purpose of will be met upon presentation
explicit relationship and declaration formal availability, under the penalties
appropriate, property requirements and previous location. Paragraph 7 (Vetoed). (Wording given by Law
No. 8,883, 1994) I – (Vetoed). (Included by Law No. 8,883,
1994) II – (Vetoed). (Included by Law No. 8,883,
1994) Paragraph 8. In the case of works, services and purchases
large, highly technical, may the Administration require from the bidders
the implementation methodology, the assessment of which for the purpose of its acceptance or not, shall precede
always to the price analysis and will be made solely by objective criteria. Paragraph 9 High complexity bidding means
technique that involves high specialization, as an extremely relevant factor to ensure
the execution of the object to be contracted, or that may compromise the continuity of the provision of
essential public services. § 10. The professionals appointed by the bidder
for the purposes of proving the qualification technical-operational subject of the item
I of § 1 of this article shall participate of the work or service object of the bid,
admitting substitution by professionals equivalent or higher experience, provided
that approved by management. (Included 8,883 of 1994) § 11. (Vetoed). (Included by Law No. 8,883,
1994) § 12. (Vetoed). (Included by Law No. 8,883,
1994) Art. 31. The documentation regarding the qualification
economic and financial context will be limited to: I – balance sheet and statements
accounting statements of the last fiscal year, chargeable and presented in accordance with the law,
that prove the good financial situation the company, being forbidden its replacement by
balance sheets or provisional balance sheets be updated by official indices when
ended more than 3 (three) months from the date of submission of the proposal; II – negative certificate of bankruptcy or concordat
issued by the distributor of the person’s headquarters legal, or property execution, issued by the
at the domicile of the individual; III – guarantee, in the same modalities and criteria
provided for in the “caput” and § 1 of art. 56 of this Law, limited to 1% (one percent) of the value
of the subject matter of the contract. Paragraph 1. The requirement for indexes shall be limited to
the statement of financial standing of the bidder with a view to the commitments that
will have to take over if awarded the contract, the requirement of values
previous billing minimums, ratios profitability or profitability. (Essay
given by Law No. 8,883 of 1994) Paragraph 2. The Administration, in the purchases for
future delivery and execution of works and services, may lay down in the instrument
invitation to tender, the requirement minimum capital or shareholders’ equity
minimum, or the guarantees provided for in Paragraph 1 of art. 56 of this Law, as objective data
proof of economic and financial qualification bidders and for the purpose of guaranteeing
performance of the contract to be subsequently celebrated. Paragraph 3. The minimum capital or the value of equity
referred to in the previous paragraph may not exceed 10% (ten per cent)
of the estimated value of the contracting, and proof is given of the
date of submission of the proposal, in the form allowed to update to this
date through official indexes. Paragraph 4. The relationship may also be required
commitments made by the bidder that imply a decrease in operating capacity
or absorption of financial availability, calculated based on the equity
updated liquid and its rotational capacity. Paragraph 5. Proof of good financial status
will be done objectively, by calculating accounting key figures
provided for in the notice and duly justified in the administrative process of bidding
has started the bidding process, the requirement of indices and values
not usually adopted for correct evaluation sufficient financial situation to comply with
obligations arising from the bidding process. (Wording given by Law 8,883 of 1994) Paragraph 6 (Vetoed). (Wording given by Law
No. 8,883, 1994) Art. 32. The documents necessary for the qualification
may be submitted in original by any certified copy process by
competent office or by the administration server or publication in an official press organ.
(Wording given by Law 8,883 of 1994) Paragraph 1. The documentation referred to in arts.
28 to 31 of this Law may be waived, in whole or in part, in cases of invitation,
tender, supply of goods for ready Delivery and auction. Paragraph 2. The registration certificate
referred to in paragraph 1 of art. 36 replaces the documents listed in arts. 28 to 31,
information available in computerized direct consultation system
indicated in the notice, obliging the party to declare, under legal penalties, supervenience
actually impeding the qualification. (Essay given by Law No. 9,648 of 1998) Paragraph 3. The documentation referred to in this article
may be replaced by cadastral registration issued by a public body or entity,
provided that provided in the notice and the registration has been made in accordance with the provisions
in this law. Paragraph 4. Foreign companies that do not operate
as much as possible in the country will in international tenders, the requirements
preceding paragraphs by means of documents equivalent, certified by their respective
consulates and translated by a sworn translator, should have legal representation in Brazil
with express powers to receive quotation and answer administratively or judicially. Paragraph 5. No qualification shall be required
this article deals with, previous collection fees or charges, except for those referring to
the provision of the notice, when requested, with its constituent elements, limited to
at the effective reproduction cost of the documentation provided. Paragraph 6. The provisions of paragraph 4 of this article, in
Paragraph 1 of art. 33 and § 2 of art. 55 no applies to international bids
for the acquisition of goods and services whose payment is made with the financing product
granted by an international financial body Brazil is part of, or by agency
cooperation, nor in the cases contracting with a foreign company,
for the purchase of equipment manufactured and delivered abroad, provided that for this
if there has been prior authorization of the Head of the Executive Branch, nor in cases of
purchase of goods and services by administrative units headquartered abroad. Paragraph 7. The documentation referred to in arts.
28 to 31 and this article may be waived, in accordance with the Regulation, in whole or in part,
for hiring research product and development, provided for prompt delivery
or up to the value provided for in point “a” of item II of the caput of art. 23. (Included
Law No. 13,243 of 2016) Art. 33. When allowed in the bidding the
participation of companies in consortium, the following rules will be observed: I – proof of public commitment
or private consortium, subscribed by the consortium members; II – indication of the company responsible for
consortium that must meet the conditions of leadership, mandatorily fixed in the
notice; III – Presentation of required documents
in arts. 28 to 31 of this Law by each consortium, allowing, for the purpose of
technical qualification, the sum of of each consortium member, and for
effect of economic and financial qualification, the sum of the values ​​of each consortium member,
in proportion to their respective participation, Management may establish, for
the consortium, an increase of up to 30% (thirty percent) of the required bidder amounts
individual, this addition to the composite consortia, in their entirety,
by micro and small companies thus defined in law; IV – impediment of company participation
consortium member, in the same bid, through more than one consortium or alone; V – joint liability of the members
for acts performed in consortium, both in the bidding phase as in the execution phase
of the contract. Paragraph 1. In the consortium of Brazilian companies
and foreigners the leadership will necessarily fit Brazilian company, subject to the provisions of
in item II of this article. Paragraph 2. The winning bidder is obliged to
promote, prior to the conclusion of the contract, the constitution and registration of the consortium,
under the commitment referred to in I of this article. Section III
Registration Records Art. 34. For the purposes of this Law, the
and public administration entities that frequently bidding will keep
registration records for the purposes of in regulatory form, valid for a maximum of
one year. (Regulation) Paragraph 1. The cadastral registration shall be widely
disclosed and should be permanently open to interested parties, forcing the unit to
by him responsible for annual minimum through the official press
and official website, the call public to update records
and the entry of new stakeholders. (Wording given by Provisional Measure no.
896 of 2019) Paragraph 2. Administrative units may be
make use of cadastral registers of other organs or entities of the Public Administration. Art. 35. When applying for registration in the register,
or update it at any time, the person concerned shall provide the necessary elements
meeting the requirements of art. 27 of this law. Art. 36. The registrants will be classified
by categories, in view of their specialization, subdivided into groups according to qualification
technical and economic value assessed by in the related documentation in
arts. 30 and 31 of this Law. § 1. The registrants will be provided with certificate,
renewable whenever they update the registry. Paragraph 2. The bidder’s performance in complying
assumed obligations shall be noted in the respective cadastral registration. Art. 37. At any time may be changed,
suspended or unregistered fail to satisfy the requirements of
art. 27 of this Law, or those established for cadastral classification. Section IV
Procedure and Judgment Art. 38. The bidding procedure shall be
started with the opening of administrative proceedings, duly assessed, filed and numbered,
containing the respective authorization, the of its object and its own resource
for the expense, and to which will be added timely: I – notice or invitation and its attachments,
When it’s the case; II – proof of the publications of the notice
summarized, in the form of art. 21 of this Act, or the delivery of the invitation; III – act of designation of the
of the administrative auctioneer or official or inviting person; IV – original of proposals and documents
to instruct them; V – minutes, reports and deliberations of the
Judging Commission; VI – technical or legal opinions issued
on bidding, waiver or unenforceability; VII – acts of adjudication of the object of the bidding
and its approval; VIII – Appeals eventually presented
bidders and their manifestations and decisions; IX – Order for annulment or revocation
where appropriate, substantiated by the circumstantially; X – term of contract or equivalent instrument,
as the case may be; XI – other proofs of publications; XII – other documents related to the bidding. Single paragraph. The minutes of public notices of
as well as those of contracts, agreements, arrangements or adjustments should be
examined and approved by legal counsel of the Administration. (Wording given by Law
No. 8,883, 1994) Art. 39. Whenever the estimated value for
a bid or for a set of bids simultaneous or successive is greater than
100 (one hundred) times the limit provided for in art. 23, item I, point “c” of this Law, the
The bidding process will be with a public hearing granted by the
responsible authority in advance minimum of fifteen (15) business days from the date
for the publication of the notice, and disclosed at least
10 (ten) business days of its realization, by the same means as for advertising
to which they will have access and the right to all relevant information and to
express all interested parties. Single paragraph. For the purposes of this article,
simultaneous bids are those with similar objects and with expected realization
for intervals not exceeding thirty days and successive bids those in which,
also with similar objects, the subsequent edict have a date before one hundred and twenty days
after the termination of the contract resulting from antecedent bidding. (Wording given by
Law No. 8,883, 1994) Art. 40. The notice shall contain in the preamble the
annual serial number, the name of the concerned and its sector, the
mode of implementation and type of the tender, the mention that it will be governed
by this Law, the place, day and time to receive documentation and proposal, as well as to
envelopes begin to open, and will indicate necessarily the following: I – object of the bidding, in description
succinct and clear; II – term and conditions for signature of the
contract or withdrawal of instruments such as provided for in art. 64 of this Law, for execution
of the contract and for delivery of the object of the bidding; III – sanctions in case of default; IV – place where it can be examined and acquired
the basic project; V – if there is an executive project available at
date of publication of the invitation to bid and the place where it can be examined and purchased; VI – conditions for participation in the bidding,
in accordance with arts. 27 to 31 of this Law, and form of submission of proposals; VII – criterion for judgment, with provisions
clear and objective parameters; VIII – places, times and access codes
of the distance media in elements, information
and clarifications regarding the bidding and the conditions for meeting the obligations
necessary for the fulfillment of its object; IX – Equivalent Payment Conditions
between Brazilian and foreign companies, in the case of international bids; X – the price acceptability criterion
unitary and global, as appropriate, permitted maximum and sealed pricing
minimum prices, criteria statistics or ranges of variation in relation to
at reference prices, subject to the provisions of in paragraphs 1 and 2 of art. 48; (Essay
given by Law No. 9,648 of 1998) XI – readjustment criterion, which should portray
the actual variation in the cost of production, adoption of specific indices
from the date scheduled for submission of the proposal, or the budget to which that proposal
up to the date of the payment of each installment; (Wording given by Law no.
8,883, 1994) XII – (Vetoed). (Wording given by Law no.
8,883, 1994) XIII – Limits for Installation Payment
and mobilization for the execution of works or services that will be compulsorily provided for
separately from other installments, stages or tasks; XIV – Payment terms, providing: a) payment term not exceeding thirty
days from the period end date of payment of each installment; (Essay
given by Law No. 8,883 of 1994) b) maximum disbursement schedule per period,
in accordance with resource availability financial; c) criteria for financial updating of
amounts to be paid from the end date of the payment period of each installment
until the date of actual payment; (Essay given by Law No. 8,883 of 1994) d) financial compensation and penalties,
for any delays and discounts for any advance payments; e) insurance requirement, when applicable; XV – Resource Instructions and Standards
provided for in this Law; XVI – conditions of receipt of the object
the bidding; XVII – other specific indications or
peculiar to the bidding. Paragraph 1. The original of the notice shall be dated,
initialed on all sheets and signed by the issuing authority while remaining in the
bidding process, and extracting from it full or summarized copies for disclosure
and provision to stakeholders. Paragraph 2 – They are annexes to the notice, making it
integral part: I – the basic and / or executive project, with
all parts, drawings, specifications and other add-ons; II – Estimated budget in quantity sheets
and unit prices; (Wording given by Law No. 8,883, 1994) III – the draft of the contract to be signed between
the Administration and the winning bidder; IV – the additional specifications and
the implementing rules relevant to the bidding. Paragraph 3. For the purposes of the provisions of this Law,
as a fulfillment of the contractual obligation the provision of the service, the performance
delivery of the good or part thereof, as well as any other contractual event
whose occurrence is linked to the issue of billing document. Paragraph 4. In purchases for immediate delivery, as
those with delivery deadlines up to thirty days from the scheduled date of submission
proposal may be waived: (Included 8,883 of 1994) I – the provisions of item XI of this article;
(Included by Law No. 8,883 of 1994) II – the financial update referred to in
point “c” of item XIV of this article, corresponding to the period from
the dates of the payment and the expected payment, provided it does not exceed fifteen
days (Included by Law No. 8,883 of 1994) Paragraph 5. The Public Administration may,
in the bidding documents for hiring require the contractor that a
minimum percentage of your workforce is from or leaving the prison system, with
the purpose of re-educating the reeducating, as laid down in regulation. (Included
Law No. 13,500 of 2017) Art. 41. The Administration cannot not comply
the rules and conditions of the notice, to which is strictly bound. Paragraph 1. Any citizen is a legitimate party
to challenge bidding for irregularity in the application of this Law and shall
the order up to 5 (five) business days before set date for opening envelopes
of qualification, and the Administration judge and respond to the challenge by
3 (three) business days, without prejudice to the faculty provided for in § 1 of art. 113 Paragraph 2. The right to challenge the terms of
of the bid notice to the administration the bidder who does not do so by the second
business day prior to opening the envelopes competency permits, the opening
the envelopes with the invitation proposals, price taking or tendering, or the holding
auctioning, failures or irregularities which would vitiate this announcement, in which case
Communication shall have no effect on appeal. (Wording given by Law 8,883 of 1994) Paragraph 3. The impugnation made timely
by the bidder will not prevent him from participating from the bidding process to the transit
judgment of the relevant decision. Paragraph 4. Disqualification of the bidder
preclusion of their right to participate in subsequent phases. Art. 42. In international competitions,
the notice must conform to the guidelines of monetary policy and foreign trade
and meet the requirements of the competent bodies. Paragraph 1 When the foreign bidder is allowed
quote price in foreign currency, equally can do the Brazilian bidder. Paragraph 2. Payment made to the Brazilian bidder
eventually hired as a result of the bidding process dealt with in the previous paragraph will be made
in Brazilian currency at the prevailing exchange rate on the business day immediately preceding the date
of the actual payment. (Wording given by Law No. 8,883, 1994) Paragraph 3. Guarantees of payment to the bidder
will be equivalent to those offered by to the foreign bidder. Paragraph 4 For purposes of judging the bid,
bids submitted by foreign bidders will be added to the consequent encumbrances
of the same taxes that they charge exclusively Brazilian bidders regarding the operation
end of sale. Paragraph 5. For the accomplishment of works, rendering
services or acquisition of goods with resources from funding or donation
from an official cooperation agency foreign or multilateral financial body
to which Brazil is a party may be admitted, in their bidding, the conditions
arising from agreements, protocols, conventions or international treaties approved by the
National Congress, as well as the rules and procedures of those entities, including as regards the criteria
selection of the most advantageous proposal for administration, which may include,
in addition to price, other valuation factors, provided that they are required to obtain
funding or donation, and which also do not conflict with the principle of judgment
purpose and are the subject of a motivated dispatch of the contracting agency, order
ratified by the authority immediately higher. (Wording given by Law No. 8,883,
1994) Paragraph 6. The quotations of all bidders
will be for delivery to the same place of destination. Art. 43. The bid will be processed and
judged following the following procedures: I – opening the envelopes containing the documentation
on the qualification of competitors, and its appreciation; II – return of sealed envelopes to
disqualified competitors, containing their proposals, provided there has been no appeal
or after their denial; III – opening of envelopes containing tenders
of qualified competitors, provided that the period without appeal, or
there has been express withdrawal, or after the judgment of appeals; IV – verification of the conformity of each
proposal with the requirements of the notice and, as the case with current market prices
or fixed by a competent official body, or even with the registration system constants
which should be duly recorded in the trial minutes, promoting
declassification of non-compliant proposals or incompatible; V – Judgment and classification of proposals
according to the evaluation criteria constants in the notice; VI – deliberation of the competent authority
concerning the approval and award of object of the bidding. § 1 The opening of the envelopes containing the
qualification documentation and proposals will always be held in a public act previously
which the detailed minutes will be drawn up, signed by the bidders present and the
Commission. Paragraph 2. All documents and proposals shall be
initialed by the bidders present and the Commission. Paragraph 3. The Commission or the competent authority
at any stage of the bidding process, the diligence promotion designed to clarify
or supplement the case instruction, later inclusion of a document is prohibited
or information that should originally appear in of the proposal. Paragraph 4. The provisions of this article shall apply to
competition and, where appropriate, the tender, auctioning, pricing and invitation.
(Wording given by Law 8,883 of 1994) Paragraph 5. The qualification phase has been exceeded.
competitors (items I and II) and open proposals (item III), it is not possible to disqualify them
for reasons related to the qualification, save on account of supervening facts or
only known after the trial. Paragraph 6 After the qualification phase, no
proposal may be withdrawn except on grounds fair arising from supervening fact and accepted
by the Commission. Art. 44. In judging the proposals, the Commission shall
take into account the objective criteria defined in the invitation or invitation, which
must contravene the rules and principles established by this law. § 1 The use of any
secret, secret element, criterion or factor, subjective or reserved that may still
indirectly override the principle of equality among the bidders. Paragraph 2. No offer shall be considered.
advantage not provided for in the notice or including subsidized funding
or in depth, neither price nor advantage based on offers from other bidders. Paragraph 3 – No proposal presenting
global or symbolic unit prices, whimsy or zero value, incompatible
with input prices and wages of market, plus the related charges,
even though the call for bid has not established minimum limits,
except when referring to materials and installations owned by the bidder himself to
which he renounces all or part of of remuneration. (Wording given by Law
No. 8,883, 1994) § 4 The provisions of the previous paragraph apply
also to proposals that include labor foreign trade or imports of any kind.
(Wording given by Law 8,883 of 1994) Art. 45. The judgment of the proposals will be
The bidding committee shall or the inviter performing it
according to the types of bidding, the criteria previously established in
call notice and according to the factors exclusively referred to therein, in a manner
enable its measurement by the bidders and by the control agencies. Paragraph 1. For the purposes of this article, they constitute
types of bidding except in the modality Competition: (Wording given by Law No. 8.883,
1994) I – the lowest price – when the criterion
selection of the most advantageous proposal for Management determines that it will be the winner
the bidder submitting the bid with the specifications of the invitation or invitation
and offer the lowest price; II – the best technique; III – that of technique and price. IV – the one with the highest bid or offer – in the cases
disposal of assets or concession of rights actual usage. (Included by Law No. 8,883,
1994) Paragraph 2. In the event of a tie between two or more
proposals and after complying with the provisions of Paragraph 2 of art. 3rd of this Law, the classification
will necessarily be made by lot in public act, for which all bidders
shall be convened, any other process prohibited. Paragraph 3 In the case of the “minor” type bidding
price “, among the bidders considered qualified the classification will be by
increasing order of prices proposed, prevailing, in the case of a tie, only the criterion
provided for in the previous paragraph. (Essay given by Law No. 8,883 of 1994) Paragraph 4 For contracting goods and services
management, the administration will observe the provisions of art. 3 of Law 8,248 of
23 October 1991, taking into account the factors specified in its paragraph 2
and obligatorily adopting the type of bidding “technique and price”, allowing the use of
other bidding in the indicated cases by decree of the Executive Power. (Essay
given by Law No. 8,883 of 1994) Paragraph 5. The use of other types is prohibited.
not provided for in this article. Paragraph 6. In the hypothesis provided for in art. 23, § 7,
as many proposals will be selected as until the amount is reached.
defendant in the bidding process. (Included by Law No. 9,648, 1998) Art. 46. The types of “best technique” bidding
or “technique and price” will be used exclusively for services of a predominantly nature
particularly in the preparation of projects, calculations, supervision, supervision
and management and consultative engineering in general and in particular for the elaboration
of preliminary technical studies and projects basic and executive, except as provided
§ 4 of the previous article. (Wording given 8,883 of 1994) Paragraph 1. In the “best technique” tenders
The following procedure shall be clearly explained in the convening instrument,
which shall fix the maximum price that the proposes to pay: I – The envelopes containing the
technical offers exclusively from bidders previously qualified and then made the
evaluation and classification of these proposals in accordance with the relevant criteria and
appropriate to the bid object, defined with clarity and objectivity in the convening instrument
and consider the skills and experience of the tenderer, the technical quality of the tender,
comprising methodology, organization, technologies and material resources to be used
in the works, and the qualification of the teams techniques to be mobilized for its execution; II – once the technical offers have been classified,
Proposals for price of bidders that have reached
the minimum valuation established in the instrument notice and negotiation of the conditions
proposals, with the highest ranked tenderer, based on the detailed budgets presented
and their unit prices and having as their reference the limit represented by the proposal
lowest price among bidders who obtained the minimum appreciation; III – in case of deadlock in the previous negotiation,
identical procedure shall be adopted successively by with the other tenderers, in the order of their classification,
until reaching agreement for hiring; IV – price proposals will be returned
intact to bidders who are not preliminarily not enabled or valued
minimum for the technical proposal. Paragraph 2. In “technical and technical”
price “shall be adopted in addition to I of the previous paragraph, the following procedure
clearly stated in the convening instrument: I – evaluation and valuation will be made
price proposals in accordance with criteria pre-established objectives in the instrument
summons; II – the classification of the proposers will be
according to the weighted average of valuations technical and price proposals in accordance with
with the preset weights on the instrument call. Paragraph 3 Exceptionally, the types of bidding
provided for in this article may be adopted, by express authorization and upon justification
the highest authority of the Board of Directors. promoter listed in the call notice,
for the supply of goods and the execution of major works or services
mostly technology-dependent clearly sophisticated and restricted domain,
certified by recognized technical authorities where the object
intended to admit alternative solutions and execution variations, with repercussions
quality, productivity, measurable performance and durability,
and these can be freely adopted bidders in accordance with the criteria
objectively fixed in the call notice. Paragraph 4 (Vetoed). (Included by Law No. 8,883,
1994) Art. 47. In the bids for the execution
works and services, when the adoption of the type of contract execution by
overall price, the Administration shall provide necessarily, together with the announcement, all
the elements and information required so that bidders can draw up their
full and complete price proposals knowledge of the subject of the bidding. Art. 48. Will be disqualified: I – Proposals that do not meet the requirements
the call for bid; II – proposals with an overall value higher than
established limit or clearly priced unviable, thus considered those
that have not demonstrated their viability through documentation that proves that
input costs are consistent with the that the productivity coefficients
are compatible with the execution of the object of the contract, conditions necessarily
specified in the invitation to bid. (Wording given by Law 8,883 of 1994) Paragraph 1. For the purposes of the provisions of item
II of this article are clearly considered ineffective in the case of
lowest price for engineering works and services, proposals whose values ​​are lower
70% (seventy percent) of the lowest of the following (Included by Law No. 9,648 of
1998) a) arithmetic mean of tender values
greater than fifty percent (50%) of the amount budgeted by management, or (Included
Law No. 9,648 of 1998) b) amount budgeted by management. (Included
Law No. 9,648 of 1998) Paragraph 2 Of the bidders classified in the form
of the previous paragraph whose overall value of less than 80% (eighty per cent)
of the lowest value referred to in “a” and “b” shall be required for the signature
contract, provision of additional guarantee, among the modalities provided for in § 1
of art. 56, equal to the difference between the value resulting from the previous paragraph and the value
of the corresponding proposal. (Included by Law No. 9,648, 1998) Paragraph 3 When all bidders are disqualified
or all bids are declassified, the administration may fix bidders
eight working days for submission new documentation or other proposals
the causes referred to in this article, in case of invitation, the reduction of the
of this time limit to three working days. (Included Law No. 9,648 of 1998) Art. 49. The competent authority for approval
procedure may only revoke the public interest bidding
due to a supervening fact duly proven, relevant and sufficient to justify
such conduct and shall annul it for illegality, of office or provocation by third parties,
written and reasoned opinion. Paragraph 1. The annulment of the bidding procedure
because of illegality does not generate obligation compensate, subject to the provisions of paragraph
only of art. 59 of this Law. Paragraph 2. The nullity of the bidding procedure
induces that of the contract, subject to the in the sole paragraph of art. 59 of this Law. Paragraph 3. In case of undoing of proceedings
bidding process, the contradictory and the broad defense. Paragraph 4. The provisions of this article and its paragraphs
applies to acts of the dismissal procedure and unenforceability of bidding. Art. 50. The Administration may not enter into
the contract with the classification order tenders or with third parties outside the
bidding procedure, under penalty of nullity. Art. 51. The preliminary qualification, the inscription
registration, its alteration or cancellation and proposals will be processed
and judged by a permanent or special committee of at least 3 (three) members, being at least
least two (2) of them qualified servers permanent staff of the governing bodies
of the Administration responsible for the bidding. Paragraph 1. In the case of an invitation, the Bidding Committee,
exceptionally in small administrative units and in view of the limited staff available,
may be formally replaced by server designated by the competent authority. Paragraph 2. The Commission for judging the requests
registration in the cadastral register, your change or cancellation will be integrated
by legally qualified professionals in the in the case of works, services or acquisition of
equipments. Paragraph 3. The members of the Bidding Commissions
shall be jointly and severally liable for all acts practiced by the Commission, unless
divergent individual is duly grounded and recorded in the minutes drawn up at
meeting at which the decision was taken. Paragraph 4. The investiture of the members of the Committees
shall not exceed one (1) year, prohibited from the renewal of all its members
to the same commission in the subsequent period. Paragraph 5. In the case of a contest, the judgment shall be
made by a special integrated committee by people of unblemished and recognized reputation
knowledge of the subject matter, servers public or not. Art. 52. The competition referred to in § 4
of art. 22 of this Law shall be preceded by own regulation to be obtained by interested parties
in the place indicated in the notice. Paragraph 1. The regulation shall indicate: I – the required qualification of the participants; II – the guidelines and the form of presentation
of work; III – the conditions for holding the contest
and the prizes to be awarded. Paragraph 2. In the case of a project, the winner
shall authorize the Administration to execute it when deemed convenient. Art. 53. The auction may be committed to auctioneer
official or server designated by the Administration, proceeding in the form of the relevant legislation. Paragraph 1. All goods to be auctioned shall be previously
assessed by management for fixing minimum bid price. Paragraph 2. The goods acquired shall be paid to the
view or the percentage established in the notice, not less than 5% (five per cent) and, after
the signature of the respective minutes drawn up on auction site, immediately delivered
to the bidder, who will be obliged to pay of the remainder within the period stipulated in the notice
summoning, under penalty of losing in favor from the Administration the amount already paid. Paragraph 3. In international auctions, the payment of
of the cash installment may be made up to twenty four hours. (Wording given by
Law No. 8,883, 1994) Paragraph 4. The auction notice must be widely
mainly in the municipality in that will come true. (Included by Law No.
8,883, 1994) Chapter III
CONTRACTS Section I
Preliminary Provisions Art. 54. The administrative contracts of which
this law deals with are governed by its clauses and the precepts of public law, applying to them,
additionally, the principles of general theory contracts and the provisions of law
private. Paragraph 1. Contracts must clearly establish
and precision the conditions for its execution, expressed in clauses defining rights,
obligations and responsibilities of the parties, in accordance with the bidding terms
and the proposal to which they are bound. Paragraph 2. The contracts resulting from dismissal
or unenforceability of bidding shall comply with the terms of the act that authorized them
and its proposal. Art. 55. These are necessary clauses throughout
contract which establish: I – the object and its characteristic elements; II – the execution regime or the form of
supply; III – the price and payment terms,
criteria, base date and periodicity of the price adjustment, the criteria for
monetary update between the date of the payment obligations and the actual payment; IV – the deadlines for the beginning of execution stages,
completion, delivery, observation and definitive receipt, as the case may be; V – the credit for which the expense will be incurred,
indicating the functional classification programmatic and economic category; VI – the guarantees offered to ensure
their full execution when required; VII – the rights and responsibilities of
applicable penalties and the values fines; VIII – the cases of termination; IX – the recognition of management rights,
in the event of an expected administrative termination in art. 77 of this Law; X – the import conditions, the date
and the exchange rate for conversion when where applicable; XI – Binding to the bidding document
or the term that dismissed or required it, the invitation and proposal of the winning bidder; XII – the law applicable to the enforcement
of the contract and especially omitted cases; XIII – the contractor’s obligation to maintain,
throughout the performance of the contract, in compatibility with its obligations
assumed, all the enabling conditions and qualification required in the bidding. Paragraph 1 (Vetoed). (Wording given by Law
No. 8,883, 1994) Paragraph 2. In the contracts entered into by the Management
Public with individuals or companies, including those domiciled abroad,
necessarily contain a clause declaring the venue of the Administration’s seat competent
to settle any contractual matter, except as provided in § 6 of art. 32 of this
Law. Paragraph 3. Upon the settlement of the expense, the
accounting services shall communicate to the collection and inspection bodies
Union, State or Municipality taxes, the characteristics and amounts paid according to
the provisions of art. 63 of Law No. 4,320 of March 17, 1964. Article 56. At the discretion of the competent authority,
in each case and provided that the instrument notice may be required to provide
guarantee in the contracting of works, services and shopping. Paragraph 1. The contractor shall opt for a
following terms of guarantee: given by Law No. 8,883 of 1994) I – security in cash or securities of the
public debt, which should have been issued by in book-entry form upon registration
centralized settlement system and of custody authorized by the Central Bank
Brazil and valued at their economic values, as defined by the Ministry of Finance;
(Wording given by Law No. 11,079 of 2004) II – guarantee insurance; (Wording given by
Law No. 8,883, 1994) III – bank guarantee. (Wording given by
Law No. 8,883, dated 8.6.94) Paragraph 2. The guarantee referred to in the caput of this
Article shall not exceed five per cent of contract value and will have its value updated
under the same conditions as that, except paragraph 3 of this article.
(Wording given by Law 8,883 of 1994) Paragraph 3 For works, services and supplies
large scale involving high complexity technical and financial risks,
demonstrated through technical advice approved by the competent authority, the limit
guarantee provided for in the previous paragraph could be raised to up to ten percent
of the contract value. (Wording given by Law No. 8,883, 1994) Paragraph 4. The guarantee provided by the contractor
will be released or returned after the of the contract and, when cash, updated
monetarily. Paragraph 5. In the case of contracts that
the delivery of goods by the Administration, the which the contractor will be depositary,
value of the guarantee shall be increased value of these goods. Art. 57. The duration of the contracts governed
by this Law will be restricted to the term respective budget credits,
except for the relative ones: I – projects whose products are covered
the goals set out in the Multiannual Plan, which may be extended if there is
Administration’s interest and provided that has been provided for in the call notice; II – the rendering of services to be performed
continuously, which may have their duration extended by equal and successive
periods with a view to obtaining prices and more advantageous conditions for administration,
limited to sixty months; (Wording given Law No. 9,648 of 1998) III – (Vetoed). (Wording given by Law no.
8,883, 1994) IV – equipment rental and utilization
computer programs and the duration of the extend for a period of up to 48 (forty
and eight) months after the effective date of the contract. V – the hypotheses provided for in items IX,
XIX, XXVIII and XXXI of art. 24, whose contracts may be valid for up to 120 (one hundred
and twenty) months, if there is interest from management. (Included by Law No. 12,349 of 2010) § 1 The deadlines for the beginning of execution stages,
of completion and delivery allow for extension, the remaining clauses of the contract
and maintaining your balance economic and financial condition, provided that
following reasons, duly assessed in process: I – change of design or specifications,
by the Administration; II – supervenience of exceptional fact or
unpredictable, foreign to the will of the parties, fundamentally changes the conditions
of performance of the contract; III – interruption of performance of the contract
or slowing down work in order and in the interest of management; IV – increase in quantities initially
provided for in the contract, within the limits by this Law; V – impediment of execution of the contract
by fact or act of a third party recognized by the Administration in contemporary document
its occurrence; VI – omission or delay of measures to be
management, including as regards expected payments resulting directly from
impediment or delay in execution without prejudice to legal sanctions
applicable to those responsible. Paragraph 2. Any extension of the term shall
be justified in writing and previously authorized by the competent authority for
conclude the contract. Paragraph 3. The contract with a term of validity is prohibited.
undetermined. Paragraph 4. Exceptionally, duly
justified and subject to the authorization of the higher, the period referred to in item II
of the caput of this article may be extended for up to twelve months. (Included by Law No.
9,648, 1998) Art. 58. The legal regime of contracts
administrative provisions instituted by this Law Administration, in relation to them, the
prerogative of: I – modify them, unilaterally, for the better
suitability for public interest purposes, respected the rights of the contractor; II – unilaterally terminate them in the cases
specified in item I of art. 79 of this Law; III – supervise their execution; IV – apply penalties for non-compliance
total or partial adjustment; V – in the case of essential services, occupy
provisionally movable, immovable, personal and services linked to the object of the contract,
in the hypothesis of the need to be careful administrative breach of contract by the
as well as in the event of termination of of the administrative contract. Paragraph 1. The economic-financial clauses
monetary and administrative contracts may not be changed without prior agreement
of the contractor. Paragraph 2. In the event of item I of this article,
the economic and financial clauses of the contract should be reviewed to maintain
the contractual balance. Art. 59. The declaration of nullity of the contract
operates retroactively preventing the legal effects that he ordinarily had
should produce, besides deconstituting the already produced. Single paragraph. Nullity does not dismiss
Administration’s duty to indemnify the hired for what he has performed
until the date on which it is declared and by other regularly proven damage,
as long as it is not imputable to him, promoting himself the responsibility of the person who caused it. Section II
Formalization of Contracts Art. 60. The contracts and their additions shall be
drawn up in the offices concerned, the which will keep a chronological archive of their
autographs and systematic record of your statement, except those relating to rights in rem
real estate, which are formalized by instrument drawn up in a notary’s office, joining everything
copy in the process giving rise to it. Single paragraph. It is null and void.
the verbal agreement with the Management, except of small cash purchases,
thus understood those of no higher value 5% (five per cent) of the limit established
in art. 23, item II, point “a” of this Law, made in advance. Article 61. Every contract must mention the names
Parties and their representatives, the purpose, the act that authorized its drawing up,
the bidding process number, waiver or unenforceability, the subjection of the contractors
the norms of this Law and the contractual clauses. Single paragraph. The short publication
of the contract instrument or its additions in the official press, which is an indispensable condition
effectiveness, will be provided by the Administration by the fifth business day of the
month following that of your subscription, to occur within twenty days of that date, any
whatever its value, albeit without charge, subject to the provisions of art. 26 of this Law.
(Wording given by Law 8,883 of 1994) Art. 62. The instrument of contract is obligatory
in cases of competition and taking of as well as waivers and unenforceability
whose prices are within the limits of these two bidding modalities, and
optional in the others in which the Management can replace it with other instruments
such as letter of contract, note of expense commitment, purchase authorization
or service execution order. Paragraph 1. The draft of the future contract shall include
always the invitation to bid or call for bid. § 2o In “contract letter”, “note of commitment
expense “,” purchase authorization “,” order service delivery “or other instruments
Where applicable, the provisions of this in art. 55 of this Law.
Law No. 8,883, 1994) Paragraph 3. The provisions of arts. 55 and
58 to 61 of this Law and other general rules, where applicable: I – insurance, financing,
where the Government is tenant, and others whose contents are
governed predominantly by the rule of law private; II – the contracts in which the Management
is party as a public service user. Paragraph 4. The term “contract” is not necessary.
and the substitution provided for in this at the discretion of Management and independently of
of its value, in the case of purchase with delivery immediately and fully of the assets acquired, the
which do not result in future obligations, including technical assistance. Art. 63. Any bidder is allowed
knowledge of the terms of the contract and the bidding process and at any time
concerned, obtaining a certified copy, upon payment of the fees due. Article 64. The Administration shall regularly convene
the person concerned to sign the contract term, accept or withdraw the equivalent instrument,
within the established time and conditions, otherwise the right to hire may be
without prejudice to the sanctions provided for in art. 81 of this Law. Paragraph 1. The term of convocation may be
extended once for the same period when requested by the party during its course
and provided that justified reason occurs accepted by the Administration. Paragraph 2. The Administration is allowed, when
the summoned does not sign the contract term whether or not to accept or withdraw the equivalent instrument
within the established time and conditions, call the remaining bidders, in order of classification,
to do so on equal terms and in the same conditions proposed by the first classified,
including the updated prices of call, or revoke
the bidding regardless of the comminution provided for in art. 81 of this Law. Paragraph 3 After 60 (sixty) days from the date
of submission of tenders without calling for hiring, the bidders are
released from their commitments. Section III
Alteration of Contracts Art. 65. The contracts governed by this Law
may be amended, with appropriate justification, in the following cases: I – unilaterally by the Administration: a) when there is a project modification
or specifications for best fit technique to your goals; b) when necessary the modification of the value
due to the addition or quantitative decrease of its object, in
limits allowed by this Law; II – by agreement of the parties: (a) where appropriate the replacement of
performance guarantee; b) when necessary the modification of the regime
execution of the work or service, as well as delivery mode, in the face of verification
technique of inapplicability of contract terms originating; c) when necessary to modify the form
due to the imposition of circumstances supervenients, keeping the initial value updated,
advance payment is not fixed financial schedule without the corresponding
consideration for the supply of goods or execution of work or service; (d) to restore the relationship between the parties
initially agreed between the costs of the contracted and the remuneration of the
for the fair remuneration of the work, service or supply, aiming at the maintenance
of the initial economic-financial balance in the event of facts arising
unpredictable, or predictable but incalculable consequences, retarders
or impeding the adjustment, or, in case of force majeure, fortuitous event
or prince’s suit, setting up the economic alley extraordinary and non-contractual. (Essay
given by Law No. 8,883 of 1994) Paragraph 1. The contractor is obliged to accept,
under the same contractual conditions, the additions or deletions to works, services
or purchases, up to 25% (twenty five percent) of the updated initial value of the contract, and
in the particular case of building renovation or equipment up to the limit of 50% (fifty
percent) for your additions. Paragraph 2. No additions or deletions may be
exceed the limits set out in paragraph previous, except: (Wording given by Law
No. 9,648, 1998) I – (Vetoed) (Included by Law No. 9,648,
1998) II – the deletions resulting from agreement
concluded between the contractors. (Included Law No. 9,648 of 1998) Paragraph 3. If the contract did not include
unit prices for works or services, these shall be fixed by agreement between
the parties, within the limits set by § 1 of this article. Paragraph 4. In the case of deletion of works, property
or services, if the contractor has already purchased the materials and worksite,
shall be paid by the Administration by regularly proven acquisition costs
and monetarily corrected. compensation for other damages eventually
deletion, provided that they are regularly proven. Paragraph 5. Any taxes or legal charges
created, altered or extinct, as well as the supervening of legal provisions when
after the date of submission of the proposed effect on prices
contracted, will entail a review of these plus or minus, as appropriate. Paragraph 6 In the event of unilateral amendment of
contract that increases the contractor’s charges, Administration should reinstate, by
addition, the economic and financial balance initial Paragraph 7 (Vetoed) Paragraph 8. The variation of the contractual value to
cope with the expected price adjustment in the contract itself, updates, offsets
or financial penalties arising from the payment terms provided for therein,
as well as the commitment of budget appropriations up to the limit of its corrected value,
do not characterize alteration of the same, be registered by simple handout, dispensing with
the conclusion of the amendment. Section IV
Contract Execution Art. 66. The contract shall be executed
faithfully by the parties in accordance with the and the norms of this Law, responding to the
each for the consequences of their failure total or partial. Art. 66-A. Companies that fall under item
V of § 2 and item II of § 5 of art. 3 of this Law shall comply throughout
the period of performance of the contract, the positions provided by law for persons with
disability or rehabilitated Social Security Social as well as accessibility rules
provided for by law. (Included by Law No. 13.146 of 2015) (Duration) Single paragraph. It is up to the administration
supervise compliance with the requirements of accessibility in services and environments
Work (Included by Law No. 13.146, from 2015) Art. 67. The performance of the contract shall
be accompanied and supervised by a representative designated Administration,
hiring third parties to assist you and subsidize you with information
relevant to this attribution. Paragraph 1. The representative of the Administration shall note
in own register all occurrences related to the performance of the contract,
determining what is necessary for regularization observed faults or defects. Paragraph 2. Decisions and measures that go beyond
the competence of the representative shall be requested to their superiors in a timely manner
for the adoption of appropriate measures. Art. 68. The contractor shall keep prefect,
accepted by the Administration at the site or service, to represent you in the execution
of the contract. Art. 69. The contractor is obliged to repair,
fix, remove, rebuild or replace, at your expense, in whole or in part, the
object of the contract where there are defects, defects or inaccuracies resulting from the execution
or materials employed. Art. 70. The contractor is responsible for the
damage caused directly to the Administration or to third parties arising from your fault or
performance of the contract, not excluding or reducing that responsibility the oversight
or follow-up by the body concerned. Art. 71. The contractor is responsible for the
labor, social security, tax resulting from the execution of the
contract. Paragraph 1. The default of the contractor, with
reference to labor, tax does not transfer to the Administration
Publicly responsible for your payment, nor may it encumber the object of the contract or
restrict the regularization and use of works and buildings, including the Registry
Real Estate (Wording given by Law no. 9,032, from 1995) § 2 The Public Administration responds
jointly with the contractor for the charges social security benefits resulting from the
of the contract, pursuant to art. 31 of the Law No. 8,212, of July 24, 1991. (Wording of
given by Law No. 9,032 of 1995) Paragraph 3 (Vetoed). (Included by Law No. 8,883,
1994) Art. 72. The contractor, in the execution of the contract,
without prejudice to contractual responsibilities and legal, may subcontract parts of the work,
service or supply, to the extent permitted, in each case by the Administration. Art. 73. Once the contract has been executed, its object
will be received: I – in the case of works and services: (a) provisionally by the person responsible for
monitoring and supervision by means of detailed agreement signed by the parties
within 15 (fifteen) days of communication contractor’s writing; b) definitely, by server or commission
designated by the competent authority by detailed agreement signed by the parties,
after the observation period has elapsed, or survey proving the suitability of the
subject to the contractual terms, subject to provided for in art. 69 of this Law; II – in the case of purchases or rental
of equipment: a) provisionally, for the purpose of subsequent
material compliance check to specification; b) definitely, after verification
the quality and quantity of the material and consequently acceptance. Paragraph 1. In the case of equipment purchases
of great importance, the receipt shall be made by term and, in the others, by means of
receipt. Paragraph 2. The provisional or definitive receipt
does not exclude civil liability for soundness and safety of the work or service,
nor professional-ethical for perfect execution within the limits of the contract
by law or by contract. Paragraph 3. The period referred to in point “b”
of item I of this article cannot be more than ninety (90) days, except in cases
duly justified and provided for in in the notice. Paragraph 4. In the event that the detailed term
or the verification referred to in this article not, respectively, drawn up or made
within the time limits, shall be deemed to be as provided that they are communicated to the
Administration in the previous fifteen (15) days to their exhaustion. Article 74. Receipt may be waived.
in the following cases: I – perishable food and prepared food; II – professional services; III – works and services of value up to the expected
in art. 23, item II (a) of this Law, provided they are not made up of appliances,
equipment and installations subject to verification uptime and productivity. Single paragraph. In the cases of this article,
Receipt will be made by receipt. Art. 75. Unless otherwise specified
notice, invitation or act tests, tests and other evidence
required by official technical standards to the good execution of the object of the contract runs
on behalf of the contractor. Article 76. The Administration shall reject, in
all or part of the work, service or supply executed in disagreement with the contract. Section V
Inexecution and Termination of Contracts Art. 77. The total or partial non-execution of the
termination of the contract, with the consequences and those provided by law or regulation. Art. 78. Are grounds for termination
of the contract: I – non-compliance with contractual clauses,
specifications, designs or deadlines; II – irregular compliance with clauses
specifications, designs and deadlines; III – the slow compliance, leading to
Management to prove the impossibility completion of the work, service or supply,
within the stipulated deadlines; IV – unjustified delay at the beginning of the
work, service or supply; V – the stoppage of the work, the service or
of supply without just cause and prior communication to the Administration; VI – the total or partial subcontracting of the
its purpose, the contractor’s association with the assignment or transfer, total
as well as the merger, demerger or incorporation, not admitted in the notice and in the contract; VII – the inattention of the determinations
designated authority to monitor and oversee its implementation, as well as
those of their superiors; VIII – the repeated committing of faults in the
execution, noted in the form of § 1 of art. 67 of this Law; IX – filing for bankruptcy or filing
of civil insolvency; X – the dissolution of society or the death
of the contractor; XI – social change or modification
the purpose or structure of the business, prejudice to the performance of the contract; XII – reasons of high public interest
relevance and broad knowledge, justified and determined by the highest authority of the
administrative sphere to which it is subordinated the contractor and entered in the administrative proceeding
referred to in the contract; XIII – the deletion by the Administration of
works, services or purchases, resulting in modification of initial contract value
beyond the limit allowed in § 1 of art. 65 of this Law; XIV – the suspension of its execution by
Management’s written order by term more than 120 (one hundred and twenty) days, except
in case of public disaster, serious disturbance internal order or war, or by repeated
suspensions totaling the same term regardless of the mandatory payment of indemnities
successive and contractually unforeseen demobilizations and mobilizations and other
provided to the contractor in those In these cases, the right to opt
compliance with the obligations assumed until the situation is normalized; XV – the delay over 90 (ninety) days
payments due by the Management arising from works, services or supply,
or portions thereof, already received or executed, except in the event of a public disaster, serious
disturbance of internal order or war, the contractor is assured the right to choose
suspension of the fulfillment of its obligations until the situation is normalized; XVI – the non-release by the Administration of
area, location, or object to execute work, service or supply within the time
as well as sources of material specified in the project; XVII – the occurrence of an act of God or of
force majeure, regularly proven, impeditive of performance of the contract. XVIII – non-compliance with the provisions of item
V of art. 27, without prejudice to penalties appropriate penalties. (Included by Law No.
9,854, 1999) Single paragraph. The cases of contractual termination
will be formally motivated in the records of the process, ensuring the contradictory and
Broad defense. Art. 79. The termination of the contract may be: I – determined by unilateral and written act
in the cases listed in items I to XII and XVII of the previous article; II – friendly, by agreement between the parties,
term reduction in the bidding process, provided there is convenience for management; III – judicial, under the terms of the legislation; IV – (Vetoed). (Wording given by Law no.
8,883, 1994) Paragraph 1. Administrative or amicable termination
must be preceded by written authorization and reasoned by the competent authority. Paragraph 2. When the termination occurs on the basis of
in items XII to XVII of the previous article, without the fault of the contractor, it will be this
reimbursed of the regularly proven damage has suffered and is also entitled to: I – warranty return; II – payments due for the implementation of
contract until the date of termination; III – payment of demobilization cost. Paragraph 3 (Vetoed). (Wording given by Law
No. 8,883, 1994) Paragraph 4 (Vetoed). (Wording given by Law
No. 8,883, 1994) Paragraph 5. In the event of impediment, stoppage
termination of the contract, the schedule of execution will be automatically extended
for equal time. Article 80. The termination dealt with in item
I of the previous article entails the following consequences, without prejudice to the sanctions
provided for in this Law: I – immediate assumption of the object of the contract,
the state and place you are in, for Management’s own act; II – occupation and use of the site, facilities,
equipment, material and personnel employed performance of the contract, necessary for
continuity, in the form of item V of art. 58 of this Law; III – execution of the contractual guarantee, to
reimbursement by the Management, and the the fines and indemnities due to it; IV – withholding of credits arising
contract up to the limit of the damage caused the administration. Paragraph 1. The application of the measures provided for
items I and II of this article is at the discretion of which may continue
to the work or service by direct execution or indirect. Paragraph 2. The Administration is allowed, in the
In case of bankruptcy of the contractor, keep the may take control of certain
essential service activities. Paragraph 3. In the event of item II of this article,
the act must be preceded by authorization of the competent Minister of State,
or State or Municipal Secretary, as the case. Paragraph 4. The termination referred to in item IV
of the previous article allows the Administration, at its discretion apply the measure envisaged
in item I of this article. Chapter IV
ADMINISTRATIVE SANCTIONS AND TUTELA JUDICIAL Section I
General Provisions Art. 81. The unjustified refusal of the successful tenderer
signing the contract, accepting or withdrawing the equivalent instrument within the time
established by the Administration, characterizes total breach of the obligation assumed,
subjecting it to legally established penalties. Single paragraph. The provisions of this article
does not apply to bidders called in terms of art. 64, § 2 of this Law, which does not
accept the contract under the same conditions proposed by the first successful tenderer, including
as for the term and price. Art. 82. The administrative agents who practice
acts in disagreement with the precepts of this Law or aiming to thwart the bidding objectives
subject to the penalties provided for in this Law and own regulations, without prejudice to
civil and criminal responsibilities that your act gives rise to. Art. 83. The crimes defined in this Law, still
that simply tempted, subject their authors, when public servants, besides
criminal sanctions, loss of office, employment, elective function or mandate. Article 84. A public servant is considered to be
purposes of this Law, he who exercises, even that temporarily or without remuneration,
public office, position or job. Paragraph 1. It is equivalent to a civil servant, to
purposes of this Law, who holds office, employment or function in a parastatal entity, so
considered, in addition to foundations, companies public companies and joint stock companies,
other entities under control, direct or indirect, indirect, by the Government. Paragraph 2. The penalty imposed shall be increased by the third
part when the perpetrators of the crimes in this Act are occupying office positions
or trust function in an organ of the Direct administration, local authority, company
public, joint stock company, foundation public or other directly controlled entity
or indirectly by the Government. Art. 85. The criminal offenses provided for in this
Law pertaining to bids and contracts concluded by the Union, States, District
Federal, Municipalities, and their respective municipalities, public companies, societies of economy
public foundations, and any other entities under its direct control or
indirect. Section II
Administrative Sanctions Art. 86. The unjustified delay in the execution
contract will subject the contractor to a fine default as provided for in the instrument
notice or contract. Paragraph 1. The fine to which this article refers does not
prevents the Administration from unilaterally terminating contract and apply the other penalties provided for
in this law. Paragraph 2. The fine, applied after regular process
will be deducted from the guarantee of the respective contractor. Paragraph 3. If the fine is higher than the amount
amount of the guarantee provided, in addition to the loss of this, the contractor will answer for their difference,
which will be deducted from any payments due by the Administration or, when
if applicable, charged in court. Article 87. For the total or partial non-execution
of the contract the Administration may, guaranteed prior defense, apply to the contractor the
following sanctions: I – warning; II – fine, as provided for in the instrument
notice or contract; III – temporary suspension of participation
in bidding and inability to hire with Management for a period not exceeding
2 (two) years; IV – declaration of disqualification to bid
or contract with the Public Administration while the determining motives last
punishment or until it is promoted to rehabilitation before the authority itself
who applied the penalty, which will be awarded whenever the contractor reimburses the Management
resulting losses and after the period of the penalty imposed on the basis of
previous. Paragraph 1. If the fine imposed is higher than the
amount of the guarantee provided, in addition to the loss of this, the contractor will answer for their difference,
which will be deducted from any payments eventually owed by Management or charged in court. Paragraph 2. The sanctions provided for in items I,
III and IV of this article may apply to together with that of item II, provided for
prior defense of the person concerned, in the within 5 (five) business days. Paragraph 3. The sanction established in item IV
this article is the exclusive responsibility of Minister of State, State Secretary
Municipal, as the case may be, made available to defense of the person concerned in the respective proceedings,
within ten (10) days of the opening of sight, rehabilitation may be required after
2 (two) years of its application. (See art 109 item III) Article 88. The sanctions provided for in items
III and IV of the previous article may also be applied to companies or professionals
whereas, by virtue of the contracts governed by this Law: I – have suffered a final conviction
for fraudulently committing fraud tax on the payment of any taxes; II – have committed unlawful acts aimed at
frustrate bidding objectives; III – demonstrate no suitability for
contract with the Management by virtue of of unlawful acts committed. Section III
Crimes and Feathers Art. 89. Dismiss or demand bidding
outside the circumstances provided for by law, or observe the formalities relevant to the
waiver or unenforceability: Penalty – detention from 3 (three) to 5 (five)
years, and fine. Single paragraph. In the same penalty that
whereas, having proven to have the consummation of illegality has benefited
unlawful dismissal or unenforceability to enter into a contract with the Government. Article 90. To frustrate or defraud, by adjustment,
combination or any other expedient, the competitive nature of the bidding process,
in order to obtain, for themselves or others, advantage arising from the award of the object
of the bidding: Penalty – Detention from 2 (two) to 4 (four)
years, and fine. Art. 91. To sponsor, directly or indirectly,
private interest before the Administration, giving rise to the bidding process
or the conclusion of a contract whose invalidation to be decreed by the Judiciary: Penalty – detention from 6 (six) months to 2 (two)
years, and fine. Article 92. Admit, enable or give cause
any modification or advantage, including contract extension in favor of the successful tenderer,
during the execution of the contracts concluded with the Government, without authorization in
law, in the invitation to bid or in their contractual instruments,
or, still, to pay invoice with deprecation of chronological order of its enforceability, observed
the provisions of art. 121 of this Law: given by Law No. 8,883 of 1994) Penalty – imprisonment, two to four years,
and fine. (Wording given by Law No. 8,883, 1994) Single paragraph. The same penalty applies to
which, having been proven to have competed consummation of illegality, obtains
improper advantage or unfairly benefits contractual modifications or extensions. Art. 93. To prevent, disturb or defraud the realization
any act of bidding procedure: Penalty – detention from 6 (six) months to 2 (two)
years, and fine. Art. 94. To disclose the confidentiality of the proposal presented
in a bidding procedure, or provide to third the opportunity to ruin it: Penalty – detention from 2 (two) to 3 (three)
years, and fine. Art. 95. To remove or try to reject the bidder,
through violence, serious threat, fraud or offering advantage of any kind: Penalty – Detention from 2 (two) to 4 (four)
years, and a fine, in addition to the corresponding penalty the violence. Single paragraph. It is the same pity who
abstains or gives up bidding on the grounds of the advantage offered. Article 96. Fraud, to the detriment of the Treasury
Public, bid for acquisition or sale of goods or merchandise, or contract
resulting from it: I – arbitrarily raising prices; II – selling, as true or perfect,
counterfeit or spoiled goods; III – delivering one commodity for another; IV – changing substance, quality or quantity
of the goods supplied; V – rendering, however, unfairly,
the proposal or implementation of the contract: Penalty – detention from 3 (three) to 6 (six)
years, and fine. Art. 97. Admit to the bidding or celebrate
contract with a company or professional declared unhealthy: Penalty – detention from 6 (six) months to 2 (two)
years, and fine. Single paragraph. Same penalty as that
that, declared unfit, will bid or to contract with the Administration. Art. 98. To unjustly obstruct or hinder
the registration of anyone interested in the cadastral registrations or improperly promote
change, suspension or cancellation registration form: Penalty – detention from 6 (six) months to 2 (two)
years, and fine. Art. 99. The penalty of fine fined in arts.
89 to 98 of this Law consists of the payment of amount fixed in the judgment and calculated in
percentage indices whose basis will correspond to the value of the advantage actually obtained or
potentially earned by the agent. Paragraph 1. The indices referred to in this article
may not be less than 2% (two per percent) or more than 5% (five percent)
of the value of the contract bid or concluded with waiver or no requirement for bidding. Paragraph 2. The proceeds of the collection of the fine
revert, as appropriate, to the Federal Treasury, District, State or Municipal. Section IV
Of Process and Judicial Procedure Art. 100. The crimes defined in this Law are
unconditional public criminal action, to the prosecutor to promote it. Article 101. Anyone may provoke,
For the purposes of this Law, the Prosecutor by providing him with
information about the fact and its authorship, as well as the circumstances in
the occurrence occurred. Single paragraph. When communication
if it is verbal, it will have the authority reduce it term, signed by the presenter and by
two witnesses. Art. 102. When in records or documents of
who know the magistrates, the members of the Courts or Boards of Auditors or the
holders of the organs of the system internal control of any of the Powers
verify the existence of the defined crimes in this Law, will refer to the Public Prosecution Service
copies and documents necessary for the offer of complaint. Article 103. A private criminal action shall be admitted.
subsidiary of the public if it is not filed within the legal period, applying, in the
where applicable, the provisions of arts. 29 and 30 of Code of Criminal Procedure. Article 104. Upon receipt of the complaint and quoted
defendant, this will have a period of 10 (ten) days for written defense presentation, counted
the date of his interrogation and may attach documents, list any witnesses you have,
not more than five (5), and indicate all the other evidence it intends to produce. Art. 105. After hearing the prosecution’s witnesses
and of the defense and the instructive diligences practiced deferred or ordered by the judge, will open,
successively, the period of 5 (five) days to each party for final allegations. Art. 106. After this period, and conclusions
the records within 24 (twenty four) hours, will have the judge 10 (ten) days to pronounce the
verdict. Article 107. An appeal may be appealed against
within 5 (five) days. Art. 108. In the processing and judgment of
criminal offenses defined in this Law, as well as in the resources and executions that
apply, in the alternative, the Criminal Procedure Code and the Enforcement Law
Criminal Chapter V
ADMINISTRATIVE RESOURCES Art. 109. Of the acts of the Administration resulting
of the application of this Law: I – appeal, within 5 (five) business days
from the summons of the act or the preparation minutes, in the case of: a) qualification or disqualification of the bidder; b) judgment of the proposals; c) cancellation or revocation of the bidding process; d) rejection of the application for registration
registration, its alteration or cancellation; e) termination of the contract referred to
item I of art. 79 of this Law; (Essay given by Law No. 8,883 of 1994) (f) application of warning penalties;
temporary suspension or fine; II – representation, within 5 (five)
working days of the summons of the related decision with the object of the bidding or contract,
that there is no hierarchical resource; III – request for reconsideration, decision
Minister of State, or State Secretary Municipal, as the case may be, in the event
of § 4 of art. 87 of this Law, within 10 (ten) business days of the subpoena of the act. Paragraph 1. The subpoena of the acts referred to in
item I, points “a”, “b”, “c” and “e” of this excluding those relating to warning
and fine for late payment, and in item III, a by publication in the official press,
except in the cases provided for in “a” and “b” if bidders’ agents are present
when the decision was taken, when may be made by direct communication
interested and drawn up in the minutes. Paragraph 2. The appeal provided for in subparagraphs “a”
and “b” of item I of this article shall have effect The competent authority may,
motivated and present reasons of interest make the appeal effective
suspensive to other appeals. Paragraph 3 Appealed, the appeal shall be communicated
other bidders, who may challenge it within 5 (five) business days. Paragraph 4. Appeals shall be addressed to the
through that which he practiced the contested act, which may reconsider
within five (5) business days, or, within that same period, make it rise, duly
informed, in which case the decision be delivered within five (5)
working days from receipt of the appeal, subject to liability. Paragraph 5. No period of appeal, representation
or reconsideration request begins or runs without the case file being
with a view to the interested party. Paragraph 6. In the case of bids made
In the “letter of invitation” set out in items I and II and paragraph
3rd of this article will be two business days. (Included by Law No. 8,883 of 1994) Chapter VI
FINAL AND TRANSITIONAL PROVISIONS Art. 110. In counting the established deadlines
this Law shall exclude the day of commencement and shall include that of the salary, and shall be considered
consecutive days except when explicitly otherwise stated. Single paragraph. Just start and win
the time limits referred to in this Article on office or entity. Article 111. The Administration may only contract,
pay, reward or receive project or service expert technician as long as the author gives in
the property rights relating thereto and Administration may use it in accordance with
with the rules of competition or in the setting for its elaboration. Single paragraph. When the project refers
the immaterial technological work, insurmountable privilege, the assignment of
rights shall include the provision of all the data, documents and information elements
relevant to design technology, development, fixation on physical support
of any nature and application of the work. Art. 112. When the object of the contract interests
to more than one public entity, the contracting body before the entity concerned,
responsible for its proper execution, supervision and payment. Paragraph 1. Public consortia may carry out
which, pursuant to the notice, administrative contracts concluded
by organs or entities of the entities of the Federation consortium members. (Included by Law No. 11,107,
2005) Paragraph 2. It is available to the interested entity
monitoring of bidding and execution of the contract. (Included by Law No. 11,107,
2005) Article 113. The control of expenses arising from
contracts and other instruments governed by by this Law will be made by the Court of
Competent accounts, in accordance with the law relevant, with the bodies concerned
Directors responsible for the demonstration the legality and regularity of expenditure and
pursuant to the Constitution and without prejudice to the internal control system
provided for therein. Paragraph 1. Any bidder, contractor or person
physical or legal basis may represent Court of Auditors or the member bodies
of the internal control system against irregularities application of this Law for the purposes of
provided for in this article. Paragraph 2. The Courts of Auditors and the organs
members of the internal control system may request for examination by the day
immediately prior to the date of receipt of bids, copy of bid notice
already published, forcing the organs or Administration entities interested in the
adoption of relevant corrective measures which, on the basis of this examination, are determined to them.
(Wording given by Law 8,883 of 1994) Art. 114. The system established in this Law
does not prevent prequalification of bidders in tenders, to be always carried out
the object of the bid recommends analysis most closely held of the technical qualifications of
interested. Paragraph 1. The adoption of the prequalification procedure
shall be made on a proposal from the competent competent authority, approved by the immediate superior. Paragraph 2. In the prequalification will be observed
the requirements of this Law relating to competition, the convening of interested parties, the procedure
and the analysis of the documentation. Art. 115. The management bodies may
issue rules concerning the procedures to be observed in the execution of the
within the scope of its competence, subject to the provisions of this Law. Single paragraph. The standards to which it refers
this article, after approval by the competent shall be published in the press.
official. Art. 116. The provisions of this
Law, as appropriate, to covenants, agreements, adjustments and other similar instruments
entered into by management bodies and entities. Paragraph 1. The conclusion of an agreement, agreement
or adjustment by the management bodies or entities Subject to the prior approval of
competent work plan proposed by the organization concerned, which shall
contain at least the following information: I – identification of the object to be executed; II – goals to be achieved; III – stages or phases of execution; IV – plan of application of financial resources; V – disbursement schedule; VI – Prediction of start and end of execution
as well as the completion of the steps or programmed phases; VII – if the adjustment comprises work or service
engineering, proof that the resources to complement the implementation of
are duly insured unless if the total cost of the project falls
on the decentralizing entity or body. Paragraph 2. Once the agreement, the entity or
The repatriating body will be aware of the same to the Legislative Assembly or the City Council
respective. Paragraph 3. The portions of the agreement shall be released.
in strict accordance with the implementation plan except in the following cases where
they will be retained until the sanitation occurrences of improprieties: I – when there has been no proof
good and regular application of the previously received, in accordance with applicable law,
including by supervisory procedures periodically performed by the entity
decentralizing body of resources or competent body of the control system
Public Administration; II – when verified deviation of purpose
in the application of resources, delays not justified in compliance with the steps or
programmed phases, offensive practices the fundamental principles of management
Public in hiring and other acts practiced in the execution of the agreement, or
the default of the executor in relation to other basic convenience clauses; III – when the executor fails to adopt the
remedial measures pointed out by the participant resources or by members of the
respective internal control system. § 4 The covenant balances, while not
used shall be compulsorily applied. in institution savings accounts
official financial statement if the forecast of its use is one month or more, or in background
short-term financial application or open market operation backed by
public debt securities, when the use of of them take place in shorter time
than a month. Paragraph 5. The financial income earned in the
form of the preceding paragraph shall be credited to the agreement and applied,
exclusively, in the object of its purpose, must be on a specific statement
which will integrate the accounts of the adjustment. Paragraph 6. Upon conclusion, termination, termination
or termination of the agreement, agreement or adjustment, the remaining financial balances, including
those from the proceeds from financial expenses will be returned
the entity or body that is the resource within a non-extendable period of 30 (thirty) days
of the event, under penalty of immediate special accountability report,
provided by the competent authority of the body or entity holding the resources. Art. 117. The works, services, purchases and disposals
carried out by the organs of the Legislative and the Court of Auditors are governed by
by the norms of this Law, as appropriate, in three administrative spheres. Art. 118. The States, the Federal District,
Municipalities and entities of administration should adapt their rules on
bids and contracts to the provisions of this Law. Article 119. Joint-stock companies,
companies and public foundations and others directly or indirectly controlled entities
Union and the entities referred to in previous article will issue own regulations
duly published, being subject to the provisions of this Law. Single paragraph. The regulations to which
referred to in this article within the After approval by the competent authority
higher level than they are linked to the respective organs, companies and entities,
shall be published in the official press. Art. 120. The values ​​set by this Law
may be reviewed annually by the Federal Executive, which will have them published in
Official Gazette, observing how upper limit the general price change
market in the period. (Wording given by Law No. 9,648, 1998) Article 121. The provisions of this Law shall not apply to
open bids and contracts signed prior to its validity,
subject to the provisions of art. 57, in the paragraphs 1st, 2nd and 8th of art. 65, in item XV of art.
78, as well as the provisions of the “caput” of art. 5th, with respect to the payment of obligations
in chronological order, which can be observed, within ninety days from the date of
of this Law separately for the obligations relating to contracts governed by national law
prior to Law No. 8,666 of June 21, 1993. (Wording given by Law No. 8.883,
1994) Single paragraph. The contracts concerning
properties of the Union’s patrimony continue governed by the provisions of Decree-Law
No. 9,760 of September 5, 1946, with its amendments, and those relating to
internal or external credit by the Union or the granting of guarantee
National Treasury continue to be governed by applicable, applying this Law, as regards the
fit. Art. 122. In the concessions of airlines,
specific bidding procedure shall be observed, to be established in the Brazilian Code of
Aeronautics. Art. 123. In their bidding and contracting
administrative offices, the head offices abroad will observe the peculiarities
the basic principles of this Act, in the form of specific regulation. Art. 124. They apply to tenders and
contracts for permission or concession of utilities the devices of this
Law that does not conflict with the law specific to the subject. (Wording given
8,883 of 1994) Single paragraph. The requirements contained
in items II to IV of § 2 of art. 7th will be waived in the concession bids
of services with prior execution of works where no disbursement was foreseen by
part of the granting public administration. (Included by Law No. 8,883 of 1994) Article 125. This Law shall enter into force on
of your publication. (Renumbered by force of the provisions of art. 3 of Law No. 8,883,
1994) Art. 126. The contrary provisions are revoked,
especially Decree-Laws 2,300, November 21, 1986, 2,348, of November 24,
July 1987, 2,360, of September 16, 1987, Law No. 8,220 of September 4,
1991, and art. 83 of Law No. 5,194, of 24 December 1966. (Renumbered by virtue of the
provided for in art. 3 of Law No. 8.883, of 1994)

4 comments on “Lei 8666 Completa Atualizada – lei das Licitações audio

  1. É pq foi um decreto que alterou a lei , no ano de 2018. Na lei de licitações, no site do Planalto, bem ao lado desses artigos, fica o link do decreto do ano de 2018 que aumentou os valores. Mesmo assim, ja ajuda bastante, pois é o único áudio atualizado aqui do youtube.

    Na verdade, acontece que o Decreto nº 9.412/2018 não alterou, propriamente dito, a Lei das Licitações, mas apenas efetuou a atualização monetária dos valores nominais nela previstos, os quais estavam defasados pela inflação acumulada nos 20 anos desde a última atualização, tentando aproximar ao que seria os seus valores reais nos dias atuais.

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