In this case, you will have a little better understanding of who is the bidder and who©© is the bidder in a public tendering process. This is because it is very important for you to know each©of the© roles to have an assertive©plan and strategy during an argument. But are there really any differences between the two terms? You will find out in the© next lines. Should we go? Once it is demonstrated that all the requirements considered to be minimum and essential for the performance of the future contract have been met, there is no reason to reject the tenderer who is in receivership and has participated in reasonable decisions authorising his participation in the tenders. 4 Technical qualification: This refers to all the professional requirements that the tenderer imposes in order to achieve the tenderer`s object. These requirements may be generic, specific and operational. It is essential that the bidder has the technical capacity and qualifications at the time of the call for tenders. Technical qualification is usually demonstrated by the presentation of technical capability certificates issued by a government agency or private company, which are clearly discriminated against in their body and include characteristics, quantities and descriptions of the equipment or service provided. For certain tenders concerning the quality of the service provided, this certificate of technical competence must be sent to the authority responsible for the subject of the tender.
Many bids become embarrassing because unaccredited bidders comment on the bidding process. It should be recalled that the accredited bidder has the right to request that everything he has placed without authorization be transcribed for a protocol for evaluating or opening proposals and documents. It is important to note that the lack of accreditation of the representative does not disqualify the company, but only prevents it from manifesting itself in the offer. • Principle of convening the instrument: the Law on Tenders contains all the rules and criteria applicable to the invitation to tender. Through it, the Government invites potential interested parties to conclude a contract with it and presents the purpose of the call for tenders, the procedure used, the conditions of the call for tenders and the form of participation of bidders. It must necessarily specify the criteria for accepting and evaluating tenders and the manner in which the future contract will be performed. The certificate of conscription is presented in two ways: edict and invitation. The former is used in the terms of competition, trade, tendering, price acceptance and auctioning. The second is used only in invitation mode. Finally, it is a dispute in which it is examined whether the company complies with all the requirements set out in the notice. But do you know who is the bidder and© who© is the bidder in a bidding process? Find out the answer in the next lines.
The appeal is an administrative defence in which a decision is challenged, by which the decision is reviewed in order to obtain a reform or modification of the decision. All tenderers participating in a call for tenders have the right to challenge the judgment of the Commission and to appeal against the judgment of the Commission and the invitation to tender or cases based on the nails provided for in Law 8666/93. Article 109: The acts of administration resulting from the application of this law are: I – Recourse within five (5) working days following the convening of the act or the establishment of the minutes, in the event of: a) qualification or incapacity of the tenderer; (b) evaluation of proposals; (c) cancellation or revocation of the tender; (d) the rejection of the application for registration, amendment or cancellation; e) Termination of the contract in accordance with Article 79 I of Law 8666/93 f) Application of the penalty of warning, temporary suspension or fine. In the face-to-face commercial modality, the administrative complaint must be formalized with the expression of the intention to appeal at the end of the session, with a record of the sin in the logs of its reasons, and interested parties may gather briefs within 3 (three) working days. Decree 3.555/2000, Article 11. • Letter of invitation The letter of invitation is the method of submission of tenders between interested parties in the sector concerned for the object offered, registered or unregistered, selected and in minimum number of 3 (three) by the bidding organization, which must attach a copy of the act of invitation in a public place in order to extend it to other interested parties registered in the corresponding specialty. In Plenary Opinion No 1.214/2013, TCU understood that there was no legal obstacle to requiring a negative certificate of enforcement in the event of attachment, judicial recovery or extrajudicial recovery, issued by the distributor of the tenderer`s registered office, as a prerequisite for economic and financial qualification. 2.1 Sole proprietorship: The tenderer must file a duly registered application for commercial register with the commercial director. • Public competition Competition is the broadest form of tendering, as it allows the participation of any tenderer interested in carrying out works and services and in the acquisition of any type of product.
It is precisely because it allows the participation of any interested tenderer that the modality imposes stricter requirements on the qualification phase. Purchase limits: Engineering and services above R$ 3,300,000.01. Works, products and general services exceeding R$ 1,400,000.01. In this context, the administration should assess at this stage the possible impact of the closure notice on competitiveness. If there is sufficient evidence that, despite the expected condition, there was a wide participation in the tender, by choosing an advantageous tender taking into account the reality of the contract, it is possible to require© continuity of the tender by means of a declaration of qualification of the tenderer who offered the lowest price; In this case, the fact that she is in receivership should not be an opportunity to hire her, since, according to the consultant, all the qualification requirements required in the notice remained in place. To become a bidder, it is imperative that the company has its tax situation and documentation up to date. In addition, it must be considered appropriate to sell to the government. These are some of the criteria that bidders must meet to participate in a bid. A contract notice shall be contested only if the principle of equality is refuted by the requirements of the trade mark, the registered office of the tenderer and other requirements aimed solely at eliminating the competitiveness of the successful tenderer. The notice, which does not comply with the relevant legislation on its terms, is addictive and may be subject to a request for challenge for the sole purpose of correction. The objection to a tender notice must be justified in writing and addressed to the chairman of the tender committee or, in the case of Pregão, to Pregoeiro.
Any citizen is a legitimate party to contest a tender notice for irregularity in the application of Law 8666/1993 and, in the case of the terms of invitation letter, acceptance of the prize and competition, the application must be submitted up to 5 (five) working days before the date of opening of the qualification envelopes. The application must be accompanied by the minutes of the public body, failing such a report, must be delivered in person to the person responsible for the call for tenders, where he must know the receipt with the date and time. The Administration shall assess the dispute and respond to it within three (3) working days, without prejudice to the power provided for in Article 113, paragraph 1. In face-to-face trade, the deadline for submission of the request for dispute is up to 2 (two) working days before the date set for receipt of proposals, and it is up to the nail manufacturer to decide on the application within 24 (twenty-four) hours, Decree 3.555/2000, Article 12. In the case of the electronic trading session, the deadline for submission of the request is also 3 (three) working days before the date set for the opening of the public session. – Decree 10.024/2019 Article 24 and it is the responsibility of the nail manufacturer, assisted by the persons responsible for drafting the notice and annexes, to decide on the dispute within 02 (two) working days from the date of receipt of the dispute. In order to meet the needs of their community, to supply the state, to meet the requirements of the federal authorities, bidders move the country forward and help the public administration fulfill its main task – the management of public interests through the provision of services.
Recent Comments