First thoughts on the new bidding law.

The new bidding law, nicknamed NLL, law Nr. 14.133 / 21, more compiled sparse laws and decisions of Brazilian courts that innovated, and in truth, is another step in the search for Brazil’s participation as a full member in the OECD (Organization for Economic Cooperation and development).

The promise of enacting this law was to strengthen the integrity of government procurement systems. Governance and COMPLIANCE criteria were included in the law, allowing greater legal certainty to contractors, and seeking greater efficiency in the application of public resources.

What did she advance on?

Good advances in governance, with the following managerial elements to be implemented by the Public Power:

Annual hiring plan;

Preliminary Technical Study;

Competence management with segregation of duties, which consists of the separation of functions of authorization, approval, execution, control and accounting of operations, avoiding the accumulation of functions by the same server;

Risk management;

Electronic Contracting;

Preference for digital monitoring of works;

PMI (expression of interest procedure), which seeks by request to the private initiative the solutions of the Public Administration, suppressing the asymmetry of information between the Public Power and the market.

Reputation system with the creation of a positive record of suppliers who fulfill their contracts.

Good progress in Compliance:

requiring integrity programs in major hires;

establishment of the criteria for judging the proposals;

accountability of the manager in cases of clear and gross negligence for ” undue fault”;

Creation of the National Public Procurement Portal (PNCP);

What has been the impact of this law on the lives of companies and people?

The biggest impact for companies concerns the search for the guarantee that the bidding process will be fair, efficient, transparent, and accessible to all who are willing to participate in it. With clear rules, it brings legal certainty to participants, who will have the same opportunities in the competition.

For the citizen, the impact of this law seeks to guarantee the efficiency of the application of public resources, and this generates the expected best value for money, or better quality/price ratio, which means that at the lowest price the state will provide the citizen with a better structure, and a better quality public service.