Members of the University Council (Consu), unit and agency directors and technical assistants from Unicamp participated this Thursday (9) in a lecture on the new bidding law, which comes into force on April 1st after two years of a period of transition. The new regulation — Law No. 14.133/21 — will replace Law 8.666, which regulated the rules for bidding and contracts in the public sector since 1993.
The new law will require more detailed planning actions and, as a result, will improve the quality of the contract signed by the public authorities, in the opinion of the federal employee, Renato Fenili, who is president of the Special Transition Commission for the two laws installed in the state of São Paulo. According to him, the project was matured for eight years in Congress and resulted in legislation that improved concepts about governance and expanded the scope of accountability, based on the idea of segregation of functions.
Secretary of Management of the Ministry of Economy until 2022 and representative of Brazil in the inter-American government purchasing network, Fenili was invited to speak to Unicamp employees by the General Directorate of Administration (DGA). According to the expert, Unicamp's population — made up of a community of at least 45 thousand people, including students, employees, teachers, outsourced workers and the portion that uses the hospital complex — is larger than 70% of Brazilian municipalities. The University carries out, on average, 1,5 tenders per year.
Fenili reminded employees that Law 8.666 remains in effect until March 31, and contracts signed under this regime will remain with it until its closure. Contracts closed as of April 1, however, can only be signed under the rules of the new legislation.
Law 14.133 provides that public bodies must create an Annual Contracting Plan and that this plan must be part of the National Public Contracting Portal. The national portal will house all contracts carried out by the public sector, at the municipal, state and federal levels. The objective is to increase transparency. “The new law has significant directions for greater efficiency and effectiveness in the management of public contracts”, says the director of the DGA, Lina Amaral Nakata.
Lina Nakata says that planning now appears as a legal duty resulting from an express provision in the Law, and failure to comply with it should result in the determination of responsibilities. According to the director, the adoption of the bidding process as a rule and the characterization of exemptions as an exception appears more explicitly in this new legal system.
“We will need to build an Annual Contracting Plan that will be published on the National Public Contracting Portal, in a measure that should bring greater transparency in management, the possibility of dialogue with the market and with society itself”, she assesses. “We need to implement innovative solutions aligned with good management practices; seek advancement in governance and the quality of contract management, with greater credibility, control and compliance, to fulfill our role within the administration, which focuses on the best possible service to sustain the provision of public services to citizens”, he concluded. the director of the DGA.
The rector of Unicamp, professor Antonio José de Almeida Meirelles, who attended the specialist's lecture, says that the new law has positive points and brings some important requirements for the public institution. “It allows, for example, the institution to define better quality standards for carrying out the bidding and creates a more positive aspect for the discussion with the control bodies, to solve concrete problems, since it also attributes to these control bodies the need to inform problem-solving paths”, states the dean. “Furthermore, it brings greater responsibility to the institution in planning its purchasing process”, assesses the dean.
See the full lecture given at Unicamp by federal employee Renato Fenili.
