The Bidding Law No. 14,133-2021 is characterized by being analytical and, consequently, scrutinizing procedures. However, the new regulation offers the manager a menu of options for designing the best strategy for selecting the bidder. In this regard, it is important to choose the right way to compete. It is worth noting that the choice of the proposal presentation format is characterized by being methodical and not based solely on past experiences.
Keyword: Modes of dispute, Positive and negative points, Use, Choice, .
INTRODUCTION
Law No. 14,133/21, better known as korea telegram data the New Law on Public Procurement and Contracts (NLLCA), brought significant changes to the bidding scenario. One of the innovations brought about by this legislation is the diversity of bidding methods combined with the judgment criteria adopted by the public entity, aiming to provide greater flexibility and efficiency in public procurement procedures. This possibility for the administration to choose the bidding method for a given bidding process aims to reduce information asymmetry by providing incentives to bidders in order to obtain the best prices.
Therefore, this is not something entirely new in the regulations, as it was provided for in the following repealed laws: Laws No. 12,462 of August 4, 2011 (Law on the Differentiated Contracting Regime – RDC) in its art. 17, items I and II, regulated by Federal Decree No. 7,581/20211 in art. 15 and 24, as well as in Federal Decree No. 10,024/2019 (which regulated the electronic auction at the Federal level in light of Law 10,520/2002), which expressly provided for, even if the Law it regulates did not include such a provision in its framework, which for some scholars was a point of questionable legality, as the Decree would have addressed more than it should have. In addition to art. 52 and 53 of the State-Owned Companies Law No. 13,303/2016 (in force).
However, it is worth mentioning, for those who lived through the golden age of Law No. 8,666/93 (General Bidding Law – LGL) and Law No. 10,520/02 (the revoked Auction Law), that such laws did not expressly express these modes of bidding. However, in the LGL, the moment of presentation of the proposals in sealed envelopes, in a public session, characterized, by analogy, the closed bidding mode.
The repealed Auction Law had a similar dynamic, by analogy, to the closed/open bidding method, because there was a moment of presentation of the closed proposal classifying bidders for the open bidding characterized by the submission of public and successive bids.
In this context, this article aims to analyze and elucidate the differences between the dispute modes established in the NLLCA.
LEGAL PROVISION
According to art. 18, item VIII, of Law 14.133/21: the bidding modality, the judgment criteria, the dispute mode, as well as the adequacy and efficiency of the combination of these parameters must be considered, in the planning phase by those responsible, for the construction of the proposal selection strategy that results in the contract capable of generating the most advantageous result for the Public Administration, taking into account the entire life cycle of the object [5] .
It is essential to evaluate the combination of the modeling chosen for the dispute, with the purpose of better adapting to the object of the bid and the efficiency in discovering the bidder's information, with the purpose of achieving the objectives of the bidding process provided for in article 11 of the NLLCA.
Law No. 14,133/2021 explicitly provides for the dispute modes in art. 56 [6] of the NLLCA, as listed:
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