ABSTRACT: The new Law on Public Procurement and Contracts No. 14,133/2021, despite not being disruptive, shows us significant advances in the field of public procurement in our country, especially with regard to the Auction. Thus, this paper intends, without exhausting the debate, to point out some of the relevant advances that are so necessary for more advantageous contracts for the administration and for serving the public interest.
INTRODUCTION
Law No. 14,133/2021 is the new Law on Public Procurement and Administrative Contracts (NLLCA) in Brazil, replacing the old Laws No. 8,666/1993, No. 10,520/02 and other related regulations. The new legal system was instituted with the objective of modernizing and improving public procurement procedures, seeking greater transparency, probity, and combating corruption, with a focus primarily on efficiency and effectiveness, which will consequently result in more advantageous contracts for the administration, with an emphasis on the contracting metaprocess.
Regarding the bidding modality kuwait telegram data known as auction, Law No. 14,133/2021 brought some significant changes, such as: the expansion of the scope of application of the auction, the auction in electronic format as a rule, more objective judgment criteria, the possibility of requiring a proposal guarantee as a pre-qualification requirement, the award by the Higher Authority, the possibility of expressing an interest in appeal after the proposal judgment has been completed and after the declaration of qualification or disqualification without the need for motivation, among others.
These are some of the main changes brought about by the new bidding law in relation to the auction, seeking to modernize and improve this bidding modality, making it more efficient, transparent and aligned with the current needs of the Public Administration.
This article will address the main changes in the rules for bidding in the auction modality brought about by the NLLCA, seeking to examine the transformations introduced by this legislation that regulates public procurement in Brazil, considering its positive points and potential challenges, without the intention of exhausting the subject.
COMPARISON OF THE AUCTION IN THE NEW LAW ON BIDDING AND CONTRACTS IN RELATION TO THE REVOKED REGULATIONS THAT GAVE RISE TO THE FORM
Federal Law No. 10,520/2002 was responsible for establishing the auction modality within the Union, States, Federal District and Municipalities, being widely used as an agile and efficient contracting instrument for the acquisition of common goods and services. It is worth noting that at the federal level, its electronic format was initially regulated by Federal Decree No. 5,450/05, being the precursor to the use of information technology to provide greater speed and transparency to the bidding process, revolutionizing government procurement at that time. Subsequently, the aforementioned regulation was revoked by Federal Decree No. 10,024/19, which included the possibility of use for common engineering services, and provided for the use of electronic waiver.
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