Rethinking the Watertight Separation between Budgeting for Purchases and Services in General and Engineering Works and S
Posted: Wed Feb 19, 2025 5:26 am
The regulation regarding the budgeting of purchases and works, as outlined in article 23 of Law 14,133/21, seeks to establish clear guidelines for estimating costs in bidding procedures.
For purchases and services in general, the parameters are presented without an objective order of preference, enabling the use of compositions of unit costs, similar contracts, data from specialized research, direct consultation with suppliers and consultation of the electronic invoice database in a combined or non-combined manner, without an established hierarchy between them (according to §1 of art. 23 of Law 14,133/21).
On the other hand, for engineering korea telegram data works and services, there is a specific order established for the use of parameters in determining the estimated value. The legislation determines that the composition of unit costs from SICRO or SINAPI is the first parameter considered, followed by the use of data from specialized research, similar contracts carried out by the Public Administration and, lastly, research in the national database of electronic invoices (according to §2 of art. 23 of Law 14.133/21).
However, in administrative practice, it is common to come across services that fall into the engineering or architecture category, encompassing a wide variety of activities supervised by qualified professionals. These services can range from the maintenance of medical equipment to the development of specific software or surveillance systems. However, many of these services do not correspond to official tables, such as SINAPI, which is limited to civil construction indexes.
In other words, for some engineering services, following the roadmap established by law may not be enough to calculate the estimated budget for the bidding process. This is especially relevant given the lack of flexibility in the roadmap for engineering works and services, which does not allow for the option of quoting suppliers, even as a last resort. The question then arises: if there is no reference available following this roadmap, what would be the alternative?
The rigidity imposed by Law 14,133/21 on the forms of price research for engineering works and services should not be interpreted as an absolute impossibility of resorting to other research sources, if the legal parameters are insufficient. This rigidity can, in fact, compromise the efficiency and speed in meeting public needs, violating the principles of effective and responsive public management.
The Law of Introduction to the Rules of Brazilian Law, especially in its article 22, encourages a paradigmatic change in public law, promoting a more consequentialist interpretation of administrative acts. This provision advocates that, in the interpretation of rules on public management, the real obstacles and difficulties faced by the manager must be considered, as well as the requirements of the public policies under his/her responsibility. Thus, when assessing the regularity of conduct or the validity of administrative acts, one must take into account the practical circumstances that influenced the decisions of public agents.
This approach allows for the necessary flexibility, ensuring that price research for engineering works and services is adapted to practical reality, without prejudice to the rights of those administered, and ensuring a more agile and effective public administration.
For purchases and services in general, the parameters are presented without an objective order of preference, enabling the use of compositions of unit costs, similar contracts, data from specialized research, direct consultation with suppliers and consultation of the electronic invoice database in a combined or non-combined manner, without an established hierarchy between them (according to §1 of art. 23 of Law 14,133/21).
On the other hand, for engineering korea telegram data works and services, there is a specific order established for the use of parameters in determining the estimated value. The legislation determines that the composition of unit costs from SICRO or SINAPI is the first parameter considered, followed by the use of data from specialized research, similar contracts carried out by the Public Administration and, lastly, research in the national database of electronic invoices (according to §2 of art. 23 of Law 14.133/21).
However, in administrative practice, it is common to come across services that fall into the engineering or architecture category, encompassing a wide variety of activities supervised by qualified professionals. These services can range from the maintenance of medical equipment to the development of specific software or surveillance systems. However, many of these services do not correspond to official tables, such as SINAPI, which is limited to civil construction indexes.
In other words, for some engineering services, following the roadmap established by law may not be enough to calculate the estimated budget for the bidding process. This is especially relevant given the lack of flexibility in the roadmap for engineering works and services, which does not allow for the option of quoting suppliers, even as a last resort. The question then arises: if there is no reference available following this roadmap, what would be the alternative?
The rigidity imposed by Law 14,133/21 on the forms of price research for engineering works and services should not be interpreted as an absolute impossibility of resorting to other research sources, if the legal parameters are insufficient. This rigidity can, in fact, compromise the efficiency and speed in meeting public needs, violating the principles of effective and responsive public management.
The Law of Introduction to the Rules of Brazilian Law, especially in its article 22, encourages a paradigmatic change in public law, promoting a more consequentialist interpretation of administrative acts. This provision advocates that, in the interpretation of rules on public management, the real obstacles and difficulties faced by the manager must be considered, as well as the requirements of the public policies under his/her responsibility. Thus, when assessing the regularity of conduct or the validity of administrative acts, one must take into account the practical circumstances that influenced the decisions of public agents.
This approach allows for the necessary flexibility, ensuring that price research for engineering works and services is adapted to practical reality, without prejudice to the rights of those administered, and ensuring a more agile and effective public administration.