Can state-owned companies, under the integrated contracting regime, enter into additional terms?

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VI – integrated contracting: contracting that involves the preparation and development of basic and executive projects, the execution of engineering works and services, assembly, testing, pre-operation and other operations necessary and sufficient for the final delivery of the object, in accordance with the provisions of §§ 1º, 2º and 3º of this article;

(…)

§ 1º The semi-integrated and integrated laos telegram data contracts referred to, respectively, in items V and VI of the caput of this article will be restricted to engineering works and services and will observe the following requirements:

I – the call instrument must contain:

a) preliminary engineering project, in the case of integrated contracting, with technical elements that allow the characterization of the work or service and the preparation and comparison, in an equal manner, of the proposals to be offered by individuals;

b) basic project, in the case of unit price contracts, global price contracts, integral contracts and semi-integrated contracts, under the terms defined in this article;

c) technical document, with precise definition of the fractions of the project in which contractors will be free to innovate in methodological or technological solutions, whether in terms of modifying the solutions previously outlined in the preliminary project or in the basic bidding project, or in terms of detailing the construction systems and procedures provided for in these technical parts;

d) risk matrix;

II – the estimated value of the object to be bid will be calculated based on market values, on amounts paid by the public administration for similar services and works or on an assessment of the overall cost of the work, measured using a synthetic budget or an expedited or parametric methodology;

III – the judgment criterion to be adopted will be the lowest price or the best combination of technique and price, scoring in the technical evaluation the advantages and benefits that may be offered for each product or solution;

IV – in semi-integrated contracting, the basic project may be changed, provided that the superiority of the innovations is demonstrated in terms of cost reduction, increased quality, reduced execution time and ease of maintenance or operation.

§ 2 In the case of budgets for integrated contracts:

I – whenever the preliminary bidding project, due to its minimum elements, so allows, the price estimates must be based on a budget that is as detailed as possible, and the use of parametric estimates and approximate evaluation based on other similar works must be carried out only in the fractions of the project that are not sufficiently detailed in the preliminary bidding project, requiring the contractors to provide at least the same level of detail in their price formation statements;