The basic design must have an adequate level of accuracy
Posted: Sun Dec 22, 2024 5:31 am
The basic project is one of the good innovations of Law 8,666/1993, which required the Administration to clearly and in detail explain what it intends for each service. In fact, art. 7, notably in § 2, item I, of the aforementioned Law, establishes the need for prior preparation of the basic project, establishing that services and works may only be tendered after this requirement has been met.
Please note that the law imposes specific requirements for the basic project and even indicates the requirements that, preceded by due justification, can be accepted as quality parameters. Therefore, some differences may lead the Public Administration to place certain requirements in the basic project, even if they restrict competition. Among these differences, the following stand out:
safety, functionality and suitability for the public interest; economy, execution, conservation and operation; possibility of employing labor, materials, technology and raw materials existing on site for execution, conservation and operation; ease of execution, conservation and operation, without compromising the durability of the work or service; adoption of appropriate technical standards for health and safety at work; and environmental impact.
Therefore, when consolidating the description of basic objects and projects, two principles email database australia must be adhered to: standardization and rationalization.
It is a fact that the case law of the Federal Court of Auditors (TCU) provides guidance on the basic project in an incisive and inclusive manner. In this sense, it has already highlighted that it is not regular to contract the object in a comprehensive or imprecise manner, without a basic project or with an insufficient basic project.
Thus, through Ruling No. 2,734/2016, the Court of Auditors informed the City of Rio de Janeiro and Caixa Econômica Federal of the occurrence of the following irregularities:
[...] violation of section IX of art. 6 of Law 8.666/1993, due to the fact that all necessary and sufficient technical studies previously carried out by the bidder, with an adequate level of precision, to characterize the work that is the object of the bid were not included in the body of the basic project available to those interested in participating in the bidding process.1
In this sense, Dr. Ana Luiza Jacoby Fernandes has already explained, in the book Public Tenders – Tribute to the jurist Jorge Ulisses Jacoby Fernandes, that:
Especially regarding the preparation of the basic project – as a mandatory annex to the notice, it is possible to observe a lack of awareness about its importance in all other phases of the bidding process, this is because, in addition to being a tool that will assist the public manager in monitoring the application of public money, it is also an instrument that ensures competition, the search for the best proposal and that certainly helps to curb several irregularities commonly observed, such as:
overbilling, excess assets, among others.
[...]
As stated in the principle of binding the call for bids, the Public Administration and the private party must observe it and all the rules stipulated therein must be followed. Likewise, it is through the call for bids, which must include the basic project, that the private party can identify the needs of the Administration and, only then, will be able to verify its capacity to meet the demand, analyzing the economic and legal viability of the contract, estimating costs and thus, offering a proposal.
viable. 2
Please note that the precise definition of the object in the basic project, combined with compliance with TCU recommendations, will allow public agents to contract with safety and quality.
Please note that the law imposes specific requirements for the basic project and even indicates the requirements that, preceded by due justification, can be accepted as quality parameters. Therefore, some differences may lead the Public Administration to place certain requirements in the basic project, even if they restrict competition. Among these differences, the following stand out:
safety, functionality and suitability for the public interest; economy, execution, conservation and operation; possibility of employing labor, materials, technology and raw materials existing on site for execution, conservation and operation; ease of execution, conservation and operation, without compromising the durability of the work or service; adoption of appropriate technical standards for health and safety at work; and environmental impact.
Therefore, when consolidating the description of basic objects and projects, two principles email database australia must be adhered to: standardization and rationalization.
It is a fact that the case law of the Federal Court of Auditors (TCU) provides guidance on the basic project in an incisive and inclusive manner. In this sense, it has already highlighted that it is not regular to contract the object in a comprehensive or imprecise manner, without a basic project or with an insufficient basic project.
Thus, through Ruling No. 2,734/2016, the Court of Auditors informed the City of Rio de Janeiro and Caixa Econômica Federal of the occurrence of the following irregularities:
[...] violation of section IX of art. 6 of Law 8.666/1993, due to the fact that all necessary and sufficient technical studies previously carried out by the bidder, with an adequate level of precision, to characterize the work that is the object of the bid were not included in the body of the basic project available to those interested in participating in the bidding process.1
In this sense, Dr. Ana Luiza Jacoby Fernandes has already explained, in the book Public Tenders – Tribute to the jurist Jorge Ulisses Jacoby Fernandes, that:
Especially regarding the preparation of the basic project – as a mandatory annex to the notice, it is possible to observe a lack of awareness about its importance in all other phases of the bidding process, this is because, in addition to being a tool that will assist the public manager in monitoring the application of public money, it is also an instrument that ensures competition, the search for the best proposal and that certainly helps to curb several irregularities commonly observed, such as:
overbilling, excess assets, among others.
[...]
As stated in the principle of binding the call for bids, the Public Administration and the private party must observe it and all the rules stipulated therein must be followed. Likewise, it is through the call for bids, which must include the basic project, that the private party can identify the needs of the Administration and, only then, will be able to verify its capacity to meet the demand, analyzing the economic and legal viability of the contract, estimating costs and thus, offering a proposal.
viable. 2
Please note that the precise definition of the object in the basic project, combined with compliance with TCU recommendations, will allow public agents to contract with safety and quality.