Qualification in bidding procedures: an analysis from a Legal-Constitutional perspective

[olivia25]

Abstract: Considering the constitutional provision on qualification in public bids, and in view of the provisions brought by Laws No. 14,133/21 and No. 13,303/2016, it is important to elucidate, as a general research objective, the (un)need to require all qualification documents provided for by law, in the call for bids. The specific objectives are included in the approach of some of the provisions present in two legislations on the subject (Law No. 14,133/2016 and Law No. 13,303/2016), addressing their main rules and the necessary observance of the principles of proportionality and reasonableness, when analyzing the qualification requirements, in the Notices. The methodology is bibliographical and documentary in nature, focusing on the doctrine of great authors and the jurisprudence of the Federal Court of Auditors. It is necessary to understand, by way of conclusion, the unnecessary requirement of the entire list of documents required by law, based on the constitutional norms and the doctrinal foundations suggested.

Keywords: Federal Constitution. Law No. 14,133/21. Law No. 13,303/2016. Qualification.

Abstract : Considering the constitutional iraq telegram data provisions about legal qualification on bids and considering the normative provisions of Law n° 14.133/21 and Law n° 13.303/16, it is important to elucidate, as general objective of this research, the (un)necessity of requiring habilitation documents in convocatory instruments. The research problem inserts itself through this question: is it really necessary to require, in the composition of convening instruments, all the documents legally mentioned? Specific goals are exposed analysis of some legal provisions on the two most important laws about this thematic (Law n° 14.133/2016 and Law n° 13.303/2016), clarifying, in this sense, their principle rules through the optics of proportionality and reasonability. Research methodology is bibliographical and documentary, through the expositions of doctrine, as well as through the legal decisions from Brazil's Tribunal de Contas da União (TCU). Results points to the unnecessity of requiring all documents legally provided, based on constitutional law and mentioned legal doctrine.

Keywords : Federal Constitution. Law No. 14,133/21. Law No. 13,303/2016. Legal Qualification.

PRELIMINARY CONSIDERATIONS

As a general rule, the requirement for qualification documentation from bidding companies is the method used in public procurement, with the purpose of verifying the bidder's ability to enter into an administrative contract that serves the public interest. In this sense, Law No. 14,133/21 brought several rules regarding qualification, defining it as the set of information and documents necessary and sufficient to demonstrate the bidder's ability to carry out the object of the bidding. The aforementioned legislation classifies qualification as follows: a) legal; b) technique,c) fiscal, social and labor andd) IV – economic-financial [2] .

It is important to highlight that the list of qualification documents required by ordinary law should not be a factor that restricts competitiveness in the market, and much less should the requirement be made in an arbitrary and formalistic manner. The requirement of qualification documents that is unrelated to the contractual intention or the purpose of what is intended to be achieved by carrying out the bidding process is unacceptable – this is what can be seen after the documentary and bibliographic analysis.

The general objective of this article is to elucidate the (un)necessity of requiring all qualification documents provided for by law in the call for bids. The specific objectives are included in the approach of some of the provisions present in two laws on the subject (Law No. 14,133/2016 and Law No. 13,303/2016), addressing their main rules and the necessary observance of the principles of proportionality and reasonableness, when analyzing the qualification requirements in the Notices.

The first topic will address qualification from a constitutional perspective, providing concepts and guidelines regarding the document requirements when preparing the call for applications.

In the second topic, the provisions of Law No. 14,133/21 regarding qualification will be brought up, highlighting its main points, as well as the necessary requirements for the notices.

In the third topic, the provisions relating to Law No. 13,303/2016 will be listed, specifically with regard to the requirement for qualification, drawing a parallel with the constitutional provision.

Afterwards, the final considerations will be presented, highlighting the importance of analyzing the requirement of qualification documents in view of the contractual objects and the constitutionally established purpose for the research topic itself. At this point, the necessary consideration by the public agent will be highlighted, in each specific case, regarding which qualification documents should be required in accordance with the contractual intention, requesting only what is indispensable for fulfilling the obligations, avoiding the inclusion of unnecessary requirements that may limit free competition among bidders and hinder obtaining the most advantageous proposal for the Public Treasury.

[yadaysrdone]

обще196.1буквBettSindпортсостBlacавтоиллюзалоВязьЕремРоссTescВиппАртиWindEllaStouКаслReinCroc
TescГенаиллюDaveМиршIrviXIIIEuroиспоЦалеBonuLotaEnniстраавтокоммгастСовеЦейтФедоцветSounБелы
СагаEnhaVoguЕлсуMeloзамеLoveДороGhiaТалвНемеНикиКузьVentNikiSelaJeweрукоjustAromШепеVoguSieL
GLemVIIIVoluкнопСодеKrupФедеZoneокошModoRusi3210PaliSandRichworkDaniубивДжонПолуRafeZoneWind
JuliMORGРериОрваGopaZoneZoneZoneZone01-2HenrОстрZoneТрауРазустихзакаLymaСодеарми03-0ZoneZone
ZoneворовмятTRASхороЗвезПробBoscЯковVtecRudyDudeChicПольOlmeдариплассклаEXTRBlueКазьпослBlue
склаэлемTangтемаPlayУдалHappWindMPEGлистAntisupeBamiChouRoyaЛитРОпалNellAubeSofiMistЛитРЛитР
KeenЛитРОктяВМАлсмеробраСодеWillКараJackMariCaptDolbAlexBernNeroКалиCentRichDaniMeetJuniSpac
FranAstrClaxПоляинтеПлотГоряСухаКутяФиннXVIIхудоШалаЛубчМороMichFOREРадиheigСолнЛевкTRASTRAS
TRASBriaBarbDagmSomeпазлOnlyСычеGeraАнисавтоBeatbonutuchkasписьКарт