System S and the suitability of adopting the integrated contracting and semi-integrated contracting execution regimes
Posted: Wed Feb 19, 2025 5:27 am
XXIII – INTEGRATED CONTRACTING – exclusive contracting regime for engineering works and services in which the contractor is responsible for preparing and developing the basic and executive projects, executing engineering works and services, supplying goods or providing special services and carrying out assembly, testing, pre-operation and other operations necessary and sufficient for the final delivery of the object;
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XXV – SEMI-INTEGRATED CONTRACTING – exclusive contracting regime for engineering works and services in which the contractor is responsible for preparing and developing the executive project, executing engineering works and services, supplying goods or providing special services and carrying out assembly, testing, pre-operation and other operations necessary and sufficient for the final delivery of the object;”
And the Regulations for Contracting korea telegram data and Disposal of SESI and SENAI establish:
“Art. 12. The selection process with competition for the contracting of engineering works and services may provide for contracting by contract for a unitary, global or full price or, even, integrated or semi-integrated contracting.
§1. For integrated contracting, the selection process must be instructed with the analysis of risks and respective responsibilities, which must also be included in the contract to be signed, without prejudice to the documents referred to in article 10, as well as a preliminary project of the work that must contain at least:
a) program of needs with the characteristics and use of the work, technical-operational motivation, global vision of investments and conditions related to the durability and safety of the project;
b) deadline for the basic project, executive project and execution of the work;
c) aesthetics of the architectural project, implementation plan, floors, section and elevation;
d) proposal for the design of complementary disciplines;
e) topographic and cadastral survey and drilling study;
f) descriptive report of the elements of the project, construction components and construction materials, in order to establish minimum standards for contracting, and
g) budget summary spreadsheet.”
In view of the provisions of the aforementioned Regulations, it follows that integrated contracting and semi-integrated contracting are execution regimes to be used exclusively for the contracting of engineering works and services.
Furthermore, with integrated contracting, the contracting entity transfers to the contractor, in addition to the usual execution of the work or engineering service, the preparation of the basic and executive projects and the performance of other operations and activities necessary for the completion and delivery of the object. The same occurs in semi-integrated contracting, with the exception of the basic project, which must be provided by the contracting entity, which means that in this (semi-integrated contracting) the contractor is assigned the preparation of the executive project, the execution of the work or engineering service, as well as other operations and activities that are necessary.
By the way, the doctrine's lesson on the subject is valid:
“Law No. 13,303/16 calls semi-integrated contracting the execution regime through which the contractor is obliged to prepare and develop the executive project, execute engineering works and services, assemble, carry out tests, pre-operate and perform other operations necessary and sufficient for the final delivery of the object.
In the case of a full contract, there is the obligation to deliver a project (as opposed to executing only one or a few engineering works) in operation, which may require the fulfillment of obligations of a different nature included in a single contract. In a semi-integrated contract, the contractor is obliged, in addition to executing engineering works and services, to assemble, carry out tests and pre-operation and perform other operations necessary and sufficient for the final delivery of the object – although the law does not refer to the start of operations of the project.
(…)
XXV – SEMI-INTEGRATED CONTRACTING – exclusive contracting regime for engineering works and services in which the contractor is responsible for preparing and developing the executive project, executing engineering works and services, supplying goods or providing special services and carrying out assembly, testing, pre-operation and other operations necessary and sufficient for the final delivery of the object;”
And the Regulations for Contracting korea telegram data and Disposal of SESI and SENAI establish:
“Art. 12. The selection process with competition for the contracting of engineering works and services may provide for contracting by contract for a unitary, global or full price or, even, integrated or semi-integrated contracting.
§1. For integrated contracting, the selection process must be instructed with the analysis of risks and respective responsibilities, which must also be included in the contract to be signed, without prejudice to the documents referred to in article 10, as well as a preliminary project of the work that must contain at least:
a) program of needs with the characteristics and use of the work, technical-operational motivation, global vision of investments and conditions related to the durability and safety of the project;
b) deadline for the basic project, executive project and execution of the work;
c) aesthetics of the architectural project, implementation plan, floors, section and elevation;
d) proposal for the design of complementary disciplines;
e) topographic and cadastral survey and drilling study;
f) descriptive report of the elements of the project, construction components and construction materials, in order to establish minimum standards for contracting, and
g) budget summary spreadsheet.”
In view of the provisions of the aforementioned Regulations, it follows that integrated contracting and semi-integrated contracting are execution regimes to be used exclusively for the contracting of engineering works and services.
Furthermore, with integrated contracting, the contracting entity transfers to the contractor, in addition to the usual execution of the work or engineering service, the preparation of the basic and executive projects and the performance of other operations and activities necessary for the completion and delivery of the object. The same occurs in semi-integrated contracting, with the exception of the basic project, which must be provided by the contracting entity, which means that in this (semi-integrated contracting) the contractor is assigned the preparation of the executive project, the execution of the work or engineering service, as well as other operations and activities that are necessary.
By the way, the doctrine's lesson on the subject is valid:
“Law No. 13,303/16 calls semi-integrated contracting the execution regime through which the contractor is obliged to prepare and develop the executive project, execute engineering works and services, assemble, carry out tests, pre-operate and perform other operations necessary and sufficient for the final delivery of the object.
In the case of a full contract, there is the obligation to deliver a project (as opposed to executing only one or a few engineering works) in operation, which may require the fulfillment of obligations of a different nature included in a single contract. In a semi-integrated contract, the contractor is obliged, in addition to executing engineering works and services, to assemble, carry out tests and pre-operation and perform other operations necessary and sufficient for the final delivery of the object – although the law does not refer to the start of operations of the project.