What does the reference table approved by the Federal Executive Branch, recommended in Law 14,133/2021, as well as in IN

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What does the reference table approved by the Federal Executive Branch, recommended in Law 14,133/2021, as well as in IN SEGES/ME 65/2021, consist of?

By JML Consulting [1]

[1] Text prepared by JML consultants.

Law 14,133/2021 establishes:

“Art. 23. The previously estimated value of the contract must be compatible with the values ​​practiced by the market, considering the prices contained in public databases and the lebanon telegram data quantities to be contracted, observing the potential economy of scale and the peculiarities of the place where the object will be executed.

§ 1º In the bidding process for the acquisition of goods and contracting of services in general, as per the regulations, the estimated value will be defined based on the best price determined through the use of the following parameters, adopted in a combined manner or not :

I – composition of unit costs less than or equal to the median of the corresponding item in the price consultation panel or in the health price bank available on the National Public Procurement Portal (PNCP);

II – similar contracts entered into by the Public Administration, in progress or concluded in the period of 1 (one) year prior to the date of the price survey, including through a price registration system, observing the corresponding price update index;

III – use of research data published in specialized media, from a reference table formally approved by the federal Executive Branch and from specialized or broad domain websites, provided that they contain the date and time of access;

IV – direct research with at least 3 (three) suppliers, through a formal request for quotation, provided that justification for the choice of these suppliers is presented and that the quotes were not obtained more than 6 (six) months before the date of publication of the notice;

V – research in the national database of electronic invoices, in accordance with regulations.” (emphasis added)

And the SEGES/ME Normative Instruction 65/2021, which regulates the issue within the scope of the Federal Public Administration, in turn provides:

“Art. 5º Price research for the purpose of determining the estimated price in a bidding process for the acquisition of goods and contracting of services in general will be carried out using the following parameters, used in a combined manner or not:

I – composition of unit costs less than or equal to the median of the corresponding item in official government systems, such as the Price Panel or health price bank, observing the corresponding price update index;

II – similar contracts entered into by the Public Administration, in progress or concluded in the period of 1 (one) year prior to the date of the price survey, including through a price registration system, observing the corresponding price update index;