Restoring Financial Balance in Price Registration Records – In Light of the Regulations for Tenders and Contracts Applic
Posted: Wed Feb 19, 2025 5:13 am
The Price Registration System, defined by article 4, XX of the Tender and Contract Regulation of System S as “the set of procedures for carrying out, through competition, auction or waiver of bidding, the formal registration of prices related to the provision of services, works and the acquisition and leasing of goods for possible future contracts” [1] , is a fundamental instrument for efficiency in System S contracts, since, through a single bidding process, it allows multiple acquisitions and contracts to be carried out.
For Marçal Justen Filho, the price registry is “the normative contract, constituted as a registry of products and suppliers, selected through bidding, for successive contracts of goods and services” [2] . The Price Registry System is considered an auxiliary bidding procedure, provided for in the Bidding and Contract Regulations of the entities of the S System, often in article 44 [3] (SESCOOP, SESC, SENAC, SENAT, SEST, SENAR).
Entities in the S System have autonomy to regulate their contracting processes, using federal regulations and the principles governing public administration as parameters. However, despite italy telegram data this autonomy, entities follow guidelines established by national legislation to ensure compliance and efficiency in their contracts.
Law 14,133/21, known as the New Bidding Law, introduced innovations that directly impacted the contracting processes of the S System, requiring adjustments to internal regulations. One of the main changes was the express permission for the use of price registration in engineering works and services, in specific situations, which increased the flexibility of these entities in long-term acquisitions.
Furthermore, the new federal legislation introduced the possibility of price registration records being valid for 12 months, with an extension for another 12 months, totaling up to 24 months. This differs from Law 8.666/93, which limited the maximum validity to 12 months, including extensions. With the new rule, there is greater continuity in contracts and better optimization of resources, providing more flexibility in contract management.
This article aims to discuss the restoration of economic and financial balance in Price Registration Records, with an emphasis on the possibility of the records being valid for more than 12 months. This discussion is especially relevant in the context of the bidding and contract regulations of the S System entities, such as SESCOOP, SENAT, SENAR, SENAI, SENAC, SEBRAE and ABDI, which provide for the possibility of the records being valid for up to 36 months. Therefore, these entities need to align their practices with the guidelines of the new regulation, without losing sight of the efficiency and sustainability of contracts.
1. Price Registration Minutes and the S System
The Price Registration Record is a legal instrument linked to the Price Registration System – SRP, which formalizes the commitment for future contracts/acquisitions. “The record records the object, prices, suppliers, participants and business conditions as per the notice” [4] . However, it is essential to remember that the record is not the contracting instrument itself, such as contracts, supply orders or service orders.
The S System (composed of entities such as SESC, SENAI, SESI, SEBRAE, among others) plays a fundamental role in professional qualification and social development in Brazil. As it is composed of parastatal entities, it is not subject to the same regulations as the direct public administration, but follows specific bidding and contracting regulations, adapted to its needs and guided by good practices in public procurement.
For Marçal Justen Filho, the price registry is “the normative contract, constituted as a registry of products and suppliers, selected through bidding, for successive contracts of goods and services” [2] . The Price Registry System is considered an auxiliary bidding procedure, provided for in the Bidding and Contract Regulations of the entities of the S System, often in article 44 [3] (SESCOOP, SESC, SENAC, SENAT, SEST, SENAR).
Entities in the S System have autonomy to regulate their contracting processes, using federal regulations and the principles governing public administration as parameters. However, despite italy telegram data this autonomy, entities follow guidelines established by national legislation to ensure compliance and efficiency in their contracts.
Law 14,133/21, known as the New Bidding Law, introduced innovations that directly impacted the contracting processes of the S System, requiring adjustments to internal regulations. One of the main changes was the express permission for the use of price registration in engineering works and services, in specific situations, which increased the flexibility of these entities in long-term acquisitions.
Furthermore, the new federal legislation introduced the possibility of price registration records being valid for 12 months, with an extension for another 12 months, totaling up to 24 months. This differs from Law 8.666/93, which limited the maximum validity to 12 months, including extensions. With the new rule, there is greater continuity in contracts and better optimization of resources, providing more flexibility in contract management.
This article aims to discuss the restoration of economic and financial balance in Price Registration Records, with an emphasis on the possibility of the records being valid for more than 12 months. This discussion is especially relevant in the context of the bidding and contract regulations of the S System entities, such as SESCOOP, SENAT, SENAR, SENAI, SENAC, SEBRAE and ABDI, which provide for the possibility of the records being valid for up to 36 months. Therefore, these entities need to align their practices with the guidelines of the new regulation, without losing sight of the efficiency and sustainability of contracts.
1. Price Registration Minutes and the S System
The Price Registration Record is a legal instrument linked to the Price Registration System – SRP, which formalizes the commitment for future contracts/acquisitions. “The record records the object, prices, suppliers, participants and business conditions as per the notice” [4] . However, it is essential to remember that the record is not the contracting instrument itself, such as contracts, supply orders or service orders.
The S System (composed of entities such as SESC, SENAI, SESI, SEBRAE, among others) plays a fundamental role in professional qualification and social development in Brazil. As it is composed of parastatal entities, it is not subject to the same regulations as the direct public administration, but follows specific bidding and contracting regulations, adapted to its needs and guided by good practices in public procurement.