Como aderir CORRETAMENTE a uma Ata de Registro de Preços

Summary

Professor Ricardo Ribas explains the correct process of adhering to the Rego price report in Brazilian public procurement. He emphasizes that adherence begins with a thorough Preliminary Technical Study (ETP), not just a simple request. Key steps include conducting market surveys, proving price competitiveness, and obtaining approval from both the manager and supplier. The process also involves following specific legal guidelines, including compliance with Article 86 of the new bidding law and limitations on quantity adherence. The lecture highlights the importance of planning, communication, and legal compliance to avoid penalties in the procurement process.

Takeaways

• 😀 Adhering to a price registration report doesn't begin with a simple request to join; it starts with a preliminary technical study (ETP).
• 😀 A market survey must be conducted before adhering to a price registration to verify if it is the best path for fulfilling the contract needs.
• 😀 The process of adherence to a price report requires the approval of both the requesting manager and the supplier.
• 😀 Price registration minutes (R price report) must come from a formal bidding process, not from a waiver of bidding for adherence to be valid.
• 😀 The price registration system can be used only if the prices are compatible with market values, which must be demonstrated through a price survey.
• 😀 A supplier's agreement to deliver the required quantity under the same terms must be formalized in writing and included in the ETP.
• 😀 Adherence to a price registration is limited to 50% of the quantity stated in the original bid. If the total need exceeds this, another contract must be made.
• 😀 Adhering to a price registration should fully meet the needs of the requesting entity; partial solutions requiring multiple contracts will not work.
• 😀 No new terms of reference are required for adherence since the original bid terms already cover it. The ETP must include all relevant details like delivery location and quantities.
• 😀 After adherence is finalized, the requesting entity must formally notify the manager of the price registration to ensure proper record-keeping and prevent future issues with new adherence requests.

Q & A

What is the first step in the process of adhering to a price registration report?

The process begins with the preliminary technical study (ETP), where the need for the contract and the market survey are described. This study is essential to justify whether adherence to the price registration report is the best option.

Is it legal to request adherence to a price registration report without following the proper procedure?

No, it is illegal to simply request adherence to a price report without following the correct steps, which include the preliminary technical study and market survey. Adherence must be based on these processes to ensure it is a valid option.

Can a public entity request adherence to a price registration report without participating in the bidding process?

Yes, public entities can adhere to price registration reports without participating in the bidding process, but they must demonstrate that the prices are compatible with market values and get prior approval from both the manager and the supplier.

What must be demonstrated in the preliminary technical study (ETP) when considering adherence?

In the ETP, the justification for adherence must be provided, including the demonstration that the price is advantageous, the contract's description aligns with the need, and the supplier and manager have accepted the terms.

What is the role of the manager in the adherence process?

The manager has the power to approve or reject the adherence request. If the manager refuses, the adherence option is no longer viable. Their approval is required for the process to continue.

How does the quantity limit affect adherence to a price registration report?

The quantity of goods or services that can be adhered to cannot exceed 50% of the quantities listed in the price registration report. The requested quantity must also meet the full requirement of the entity; otherwise, adherence cannot proceed.

Can a municipality adhere to a price registration report from another municipality?

A municipality can only adhere to price registration reports from the same municipality or from municipal consortiums. Additionally, the price registration system must have been formalized through a bidding process, not a waiver.

What should be done if the preliminary technical study confirms adherence as the best option?

If adherence is confirmed as the best option, the next step is to request authorization from the highest authority of the entity. Once approved, the contract can be formalized and sent to the supplier for signing.

Why is there no need for a new terms of reference when adhering to a price registration report?

There is no need for a new terms of reference because the price registration report already includes the necessary terms, as it has been previously bid. Adherence to the report means accepting the terms already established.

What are the obligations of the entity after successfully adhering to a price registration report?

After successfully adhering, the entity must communicate the formalization of the contract to the manager of the price registration report. This ensures the manager is aware of the adherence and can manage future requests and changes effectively.