New Practical Guidelines for Public Procurement

Recently, the Federal Contracting Office issued Disposition No. 24/2023 (published in the Official Gazette on June 12, 2023) which approved practical guidelines for the procedures of the Federal Procurement Regime regulated by Delegated Decree No. 1023/2001 and its regulation.

These guidelines are methodological tools that help with the management of procurement procedures through an orderly sequence of their different stages. As stated in the recitals of the disposition, these stages may be processed differently, depending on the characteristics of each governmental entity. This would not imply a breach of the regulations in force.
 

The procedures the practical guidelines address are:

1. Single-stage federal procedures for public bidding (Annex I)

2. Single-stage federal procedures for private bidding (Annex II)

3. Direct Contracting

a.         by amount (Annex III)

b.         by specialty (Annex IV)

c.         by exclusivity (Annex V)

d.         by deserted or unsuccessful procedure (Annex VI)

e.         by urgency (Annex VII)

f.          by emergency (Annex VIII)

g.         for repairs (Annex IX)

h.         inter-administrative procurement (Annex X)

i.          with national universities (Annex IX)

j.          with individual or legal entities registered before the National Registry of Local Development and Social Economy Actors (Annex XII)

k.         for leasing of real estate (Annex XIII).
 

The practical guidelines establish a detailed description of the tasks to be performed, the areas responsible for them, and the deadlines.
 

Regarding the particularities of each procurement procedure, the practical guidelines establish:

1.         a stage prior to the call for tenders (preparation, approval, and communication of the contracting plan);

2.         an initial stage (preparing the request for goods or services, verifying the budget and preventive recording of expenditure, verifying general bidding terms and the existence of other procedures with the same object).

3.         the obligation to prepare the particular bidding terms, the authorization to call for bids, the carrying out of the control of witness prices, and the publication of the calls for bids, once the type of procurement has been selected. 

4.         Obligations related to the issuance of clarifying or modifying circulars, the opening and evaluation of bids, the possibility of making observations and challenges, and the award.

5.         The final stage is the execution of the contract.
 

To access the Disposition and its annexes, click here.