PRICE RESEARCH CONCURRENTLY WITH PROPOSAL SELECTION IN ELECTRONIC DISPENSING.

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The General Law on Public Procurement and Contracts No. 14,133/21 (NLLCA) is characterized by being analytical and extensive. However, the new general regulation still provided room for numerous regulations. In this area, the Federal Government and some States, such as the State of São Paulo, regulated the waivers of bidding based on value, providing, in their own regulations, for the possibility of carrying out price research simultaneously with the process of selecting the proposal capable of generating the most advantageous result for the Administration. This option proves to be important and correct, in order to honor the principle of speed and provide economic sustainability by reducing the procedural cost of the bidding waiver procedure.

Keywords: Price research, Concomitant research, Speed, Exemption from bidding, Sustainability, Economy.

1. INTRODUCTION

The general rule, provided for in the Federal Constitution of 1988, is to carry out a bidding process for the execution of works, sales and acquisition of goods and services. As we can see below:

Art. 37. The direct and indirect public administration of any of the Powers of the Union, the States, the Federal District and the Municipalities shall comply with the principles of legality, impartiality, morality, publicity and efficiency, and also with the following:



XXI – except for cases specified in iraq telegram data legislation, works, services, purchases and sales will be contracted through a public bidding process that ensures equal conditions for all competitors, with clauses that establish payment obligations, maintaining the effective conditions of the proposal, in accordance with the law, which will only allow for the technical and economic qualification requirements indispensable to guarantee compliance with obligations.


That said, Law No. 14,133/21, the General Law on Public Tenders and Administrative Contracts (NLLCA) in force in Brazil, defined in its art. 75, the “ cases specified in the legislation ” in which the public bidding process may be waived, safeguarding in these cases legal grounds to waive the use of the general rule.

Within this context, the basic and fundamental premise of this article is that bidding waivers are not bidding procedures. This initial clarification may seem preciosity, however, in the practical operation of the NLLCA, within the scope of bidding waivers due to value (art. 75, I and II), the mistaken premise was consolidated, for some, that the bidding waiver procedure with a bidding phase through the submission of bids would be, in practice, a “mini-bid”, a “mini-auction” or a “small auction”.