RELEVANT POINTS OF THE FEDERAL REGULATION ON THE PRICE REGISTRATION SYSTEM
Posted: Wed Feb 19, 2025 5:48 am
1. INTRODUCTION. 2. THE ADVENT OF FEDERAL DECREE No. 11,462/2023. 3. RELEVANT POINTS RELATED TO THE SRP AND ITS FEDERAL REGULATION 3.1 Exemplary list of hypotheses for adopting the SRP. 3.2 Possibility of registering different prices. 3.3 Possibility of the bidder offering or not offering a proposal in a quantity lower than the maximum provided for in the notice. 3.4 The term of validity of the price registration minutes. 3.5 Possibility of adhesion by the participating agency. 3.6 Possibility of SRP through waiver and non-requirement of bidding. 3.7 Reallocation of quantities registered in the ARP. 3.8 The use of ARP after the repeal of laws no. 8.666/93 and 10.520/2002. 4. CONCLUSION
Law No. 14,133 – New Law on Public Procurement and Contracts (NLLCA) – has been in force since April 1, 2021 and represents a consolidation of several normative diplomas, understandings of the malaysia telegram data Federal Court of Auditors, text of federal normative instructions and also content of federal decrees. Regarding its application, it brought an interesting provision in its article 191, defining, in its original wording, the postponed revocation of the “replaced” legislation (Law No. 8,666/93, Law No. 10,520/2002 and part of Law No. 12,462/2011), which would occur only 2 (two) years after its publication and validity (of the NLLCA), allowing a period of normative coexistence between Law No. 14,133/2021 and the legislation it will repeal.
1. INTRODUCTION
With the advent of Provisional Measure 1,167, published on March 31, 2023, art. 191 was amended, so that its current wording defines that the Administration may choose to bid or contract directly in accordance with Law No. 14,133/2021 or in accordance with Law No. 8,666/93, Law No. 10,520/2002 and art. 1 to art. 47-A of Law No. 12,462/2011, provided that: a) the publication of the notice or the act authorizing the direct contracting occurs by December 29, 2023; and b) the chosen option is expressly indicated in the notice or in the act authorizing the direct contracting.
Provisional Measure 1,167/23 established a deadline of December 30, 2023 for the coexistence between Law No. 14,133/21 and the other normative diplomas mentioned above, repealing, on said date, Law No. 8,666/93, Law No. 10,520/2002 and art. 1 to art. 47-A of Law No. 12,462/2011. With this, the term of normative coexistence between the new legislation and the “old” legislation [3] was extended , extending the term for application of the latter.
Also on March 31, 2023, Federal Decree No. 11,462/2023 was published, regulating the Price Registration System at the federal level. This regulation was awaited with some anxiety, since a huge percentage of federal public purchases adopt this auxiliary instrument (procedure).
Its publication provided a more secure basis for the application of the price registration system at the federal level, but it still does not answer all the practical questions that exist about the use of this important auxiliary instrument.
2. THE ADVENT OF FEDERAL DECREE No. 11,462/2023
As mentioned elsewhere, Federal Decree No. 11,462/2023 was published, regulating articles 82 to 86 of Law No. 14,133/21, to provide for the price registration system for the contracting of goods and services, including engineering works and services, within the scope of the direct, autarchic and foundational federal Public Administration.
A priori , it is interesting to highlight that the aforementioned rule establishes concepts, right in its art. 2, making it clear, both for the Administration and for the bidding companies, what should be understood regarding the institutes, instruments and subjects listed therein, notably, when referring to the management of minutes and the digital SRP. Both are computerized tools that are part of Compras.gov.br, created by the Federal Government, aiming to provide greater transparency to the procedures linked to the systematics and management of the Price Registration System.
There is an indication of the hypotheses for adopting the SRP (art. 3), definition of the powers of the managing body and the participating body (articles 7 and 8), the procedure for intention to register prices - IRP (articles 9 and 10), the definition of the criteria for judging the lowest price or greatest discount (art. 11), the use of the SRP in the competition or auction modalities (art. 14), rules necessary for the Notice (art. 15), the possibility of SRP through direct contracting (art. 16), rules on the formalization of the ARP and formation of the reserve registry (art. 18), the validity of the price registration minutes (art. 22), rules on the change or update of registered prices (art. 25), the reallocation of quantities registered in the ARP (art. 30), rules related to the procedure for joining the price registration minutes (articles 31 to 33), among others.
Well, in this brief article, without the intention of exhausting the subject, we will address some of the relevant points related to the federal regulation on the price registration system, which deserve to be highlighted.
3. RELEVANT POINTS RELATED TO THE SRP AND ITS FEDERAL REGULATION
Law No. 8,666-93 has limited regulation on the price registration system, dealing with the topic in the few provisions of article 15. This option by the legislator generated the need for regulation that defined, in greater detail, the normative platform of this auxiliary instrument, which began to be developed by successive federal decrees.
It is worth highlighting Federal Decree No. 3,931/2001 and Federal Decree No. 7,892/2013, which defined the price registration system platform in a manner very similar to the model adopted by the NLLCA, with provision for membership, participating agencies, national purchases, among other peculiarities that were not included in the text of Law No. 8,666/93 and began to be defined by sub-legal regulations.
Law No. 14,133/2021 brought a more analytical legal definition of the price registration system, adopting a model similar to that previously defined by federal regulations; with this, the legislator reduced the possibility of more bold changes in the format of this important auxiliary instrument.
In view of this, the scope of federal regulation has been reduced and its drafting has become somewhat challenging, due to the reduced space for “normative creation” provided by more analytical legislation, as well as the lack of practical experimentation with the price registration system provided for in Law No. 14,133/2021. The task of regulating becomes difficult since it generates, for the regulator, the need to imagine problematic points that require regulation, without them often having yet manifested themselves in the practice of public procurement.
Law No. 14,133 – New Law on Public Procurement and Contracts (NLLCA) – has been in force since April 1, 2021 and represents a consolidation of several normative diplomas, understandings of the malaysia telegram data Federal Court of Auditors, text of federal normative instructions and also content of federal decrees. Regarding its application, it brought an interesting provision in its article 191, defining, in its original wording, the postponed revocation of the “replaced” legislation (Law No. 8,666/93, Law No. 10,520/2002 and part of Law No. 12,462/2011), which would occur only 2 (two) years after its publication and validity (of the NLLCA), allowing a period of normative coexistence between Law No. 14,133/2021 and the legislation it will repeal.
1. INTRODUCTION
With the advent of Provisional Measure 1,167, published on March 31, 2023, art. 191 was amended, so that its current wording defines that the Administration may choose to bid or contract directly in accordance with Law No. 14,133/2021 or in accordance with Law No. 8,666/93, Law No. 10,520/2002 and art. 1 to art. 47-A of Law No. 12,462/2011, provided that: a) the publication of the notice or the act authorizing the direct contracting occurs by December 29, 2023; and b) the chosen option is expressly indicated in the notice or in the act authorizing the direct contracting.
Provisional Measure 1,167/23 established a deadline of December 30, 2023 for the coexistence between Law No. 14,133/21 and the other normative diplomas mentioned above, repealing, on said date, Law No. 8,666/93, Law No. 10,520/2002 and art. 1 to art. 47-A of Law No. 12,462/2011. With this, the term of normative coexistence between the new legislation and the “old” legislation [3] was extended , extending the term for application of the latter.
Also on March 31, 2023, Federal Decree No. 11,462/2023 was published, regulating the Price Registration System at the federal level. This regulation was awaited with some anxiety, since a huge percentage of federal public purchases adopt this auxiliary instrument (procedure).
Its publication provided a more secure basis for the application of the price registration system at the federal level, but it still does not answer all the practical questions that exist about the use of this important auxiliary instrument.
2. THE ADVENT OF FEDERAL DECREE No. 11,462/2023
As mentioned elsewhere, Federal Decree No. 11,462/2023 was published, regulating articles 82 to 86 of Law No. 14,133/21, to provide for the price registration system for the contracting of goods and services, including engineering works and services, within the scope of the direct, autarchic and foundational federal Public Administration.
A priori , it is interesting to highlight that the aforementioned rule establishes concepts, right in its art. 2, making it clear, both for the Administration and for the bidding companies, what should be understood regarding the institutes, instruments and subjects listed therein, notably, when referring to the management of minutes and the digital SRP. Both are computerized tools that are part of Compras.gov.br, created by the Federal Government, aiming to provide greater transparency to the procedures linked to the systematics and management of the Price Registration System.
There is an indication of the hypotheses for adopting the SRP (art. 3), definition of the powers of the managing body and the participating body (articles 7 and 8), the procedure for intention to register prices - IRP (articles 9 and 10), the definition of the criteria for judging the lowest price or greatest discount (art. 11), the use of the SRP in the competition or auction modalities (art. 14), rules necessary for the Notice (art. 15), the possibility of SRP through direct contracting (art. 16), rules on the formalization of the ARP and formation of the reserve registry (art. 18), the validity of the price registration minutes (art. 22), rules on the change or update of registered prices (art. 25), the reallocation of quantities registered in the ARP (art. 30), rules related to the procedure for joining the price registration minutes (articles 31 to 33), among others.
Well, in this brief article, without the intention of exhausting the subject, we will address some of the relevant points related to the federal regulation on the price registration system, which deserve to be highlighted.
3. RELEVANT POINTS RELATED TO THE SRP AND ITS FEDERAL REGULATION
Law No. 8,666-93 has limited regulation on the price registration system, dealing with the topic in the few provisions of article 15. This option by the legislator generated the need for regulation that defined, in greater detail, the normative platform of this auxiliary instrument, which began to be developed by successive federal decrees.
It is worth highlighting Federal Decree No. 3,931/2001 and Federal Decree No. 7,892/2013, which defined the price registration system platform in a manner very similar to the model adopted by the NLLCA, with provision for membership, participating agencies, national purchases, among other peculiarities that were not included in the text of Law No. 8,666/93 and began to be defined by sub-legal regulations.
Law No. 14,133/2021 brought a more analytical legal definition of the price registration system, adopting a model similar to that previously defined by federal regulations; with this, the legislator reduced the possibility of more bold changes in the format of this important auxiliary instrument.
In view of this, the scope of federal regulation has been reduced and its drafting has become somewhat challenging, due to the reduced space for “normative creation” provided by more analytical legislation, as well as the lack of practical experimentation with the price registration system provided for in Law No. 14,133/2021. The task of regulating becomes difficult since it generates, for the regulator, the need to imagine problematic points that require regulation, without them often having yet manifested themselves in the practice of public procurement.