Criteria to be observed by entities of the S System for the correct classification of the contract in exemption from bid

olivia25 · Post by **olivia25** » Wed Feb 19, 2025 5:32 am

Bidding is the rule imposed on entities in the S System [1] and the exemption from bidding is an exception that requires, for its configuration, compliance with the conditions that the legal hypothesis demands.

And specifically regarding the exemption from bidding due to value, the SESC Regulation [2] prescribes:

“Art. 12. The bidding process may be waived:

I – in the acquisition of goods and services up to the value of R$92,000.00 (ninety-two thousand reais);

II – in the contracting of engineering and/or kuwait telegram data architectural works and services or motor vehicle maintenance services up to the value of R$166,000.00 (one hundred and sixty-six thousand reais);

III – in the sale of assets up to the value of R$92,000.00 (ninety-two thousand reais);

(…)

§ 1°. The limits expressed in items I, II and III of the caput of this article must be observed within the financial year.

§ 2°. The amounts referred to in items I and II of the caput of this article will be tripled for purchases, works and services contracted jointly by more than one autonomous social service entity.” [3]

The same regulation also establishes:

“Art. 4° For the purposes of this Regulation, the following shall be considered:

(…)

XXVIII – SPLITTING OF EXPENSES – characterized by the undue division of the acquisition into several bidding processes or exemptions from bidding for purchases, works and services with the same object and execution in the same location that can be carried out jointly and concurrently, such that, when their values are added together, they would require a higher value bidding method, with the limit for classification being the CNPJ of the contracting unit and the period from January to December;

(…)

Art. 8°. The division of the object is permitted in order to increase competitiveness, and the division of expenses with the purpose of altering the relevant bidding modality is prohibited.

§ 1°. The division of expenses is understood as the undue division of the acquisition into several bidding processes or exemptions from bidding for purchases, works and services with the same purpose and execution in the same location that can be carried out jointly and concurrently, such that, when their values are added together, they would require a bidding method with a higher value, with the limit for classification being the CNPJ of the contracting unit and the period from January to December.”

From the content of the precepts, it is noted that the waiver of bidding due to value will be possible when the total cost of the contracting expense does not exceed, in the budgetary exercise, the limit established by the rule, which is currently R$166,000.00 for engineering works and services (and for motor vehicle maintenance services) and R$92,000.00 for purchases, other services and sales, values that, according to § 2 of art. 12 of the Regulation, will be tripled when jointly contracting with other autonomous social services.