A trajetória administrativa das licitações

Abstract

The present objective work to examine the possibility, or not, to use the licitatória modality of the proclamation for the prescription contract celebration on the part of the Public Administration. To get this reply, the hypotheses of cabimento of this licitatória modality and the main obstacles will be analyzed, if the proclamation is the modality of licitation for acquisition of common goods and services where the dispute for the supply is made in public session, by means of proposals and launches, for classification and qualification of the bidder with the proposal of lesser price. The great innovation of the proclamation if gives for the inversion of the phases of qualification and analysis of the proposals. Of this form, only the documentation of the participant who has presented best the proposal is analyzed. Moreover, the definition of the proposal most advantageous for the Administration is made through proposal of price written e, after, dispute through launches verbal. After you launch them, still can have the direct negotiation with the proclamer, in the intention of the reduction of the offered value. The proclamation comes to add to the too much modalities foreseen in the Law n.º 8,666/93, that they are the competition, the taking of prices, the invitation, the competition and the auction. Diversely of these modalities, the proclamation can be applied to any esteem value of act of contract, of form that constitutes alternative to all the modalities. Another peculiarity is that the proclamation admits as criterion of judgment of the proposal only the lesser price. The proclamation was instituted exclusively in the scope of the Union, or either, only can be applied in the Federal Public Administration, understood the three To be able. Specifically, it reaches the same agencies and entities of the Federal Administration citizens to the incidence of the Law n.º 8.666/93: the direct administration, the autarchies, the foundations, the public companies and the societies of mixing economy.