It is known that the qualification phase of the bidding process is intended to verify the capacity and suitability of the bidder to execute the object of the contract in light of the documentation required in the call for bids, which, in accordance with the principle of legality, must be limited to that provided for in the legal system and only to that which is strictly necessary to guarantee the adequate execution of the object, in accordance with the rule imposed by the Federal Constitution [2] .
As an economic-financial qualification, Law 8,666/1993 allows the following to be required:
“Art. 31. The documentation relating to economic and financial qualification shall be limited to:
I – balance sheet and accounting malaysia telegram data statements from the last fiscal year, already required and presented in accordance with the law, which prove the good financial situation of the company, their replacement by trial balances or provisional balance sheets being prohibited, and which may be updated by official indexes when closed more than 3 (three) months from the date of submission of the proposal;
II – negative certificate of bankruptcy or composition issued by the distributor of the legal entity's headquarters, or of patrimonial execution, issued at the domicile of the natural person;
III – guarantee, in the same modalities and criteria provided for in the “caput” and § 1 of art. 56 of this Law, limited to 1% (one percent) of the estimated value of the object of the contract.
§ 1º The requirement of indexes shall be limited to demonstrating the financial capacity of the bidder with a view to the commitments that it will have to assume if it is awarded the contract, and the requirement of minimum values of previous revenue, profitability or profitability indexes shall be prohibited. (As amended by Law No. 8,883, of 1994)
§ 2º The Administration, in purchases for future delivery and in the execution of works and services, may establish, in the bidding notice, the requirement of minimum capital or minimum net worth, or even the guarantees provided for in § 1º of art. 56 of this Law, as objective data to prove the economic and financial qualification of the bidders and for the purpose of guaranteeing the fulfillment of the contract to be subsequently executed.
§ 3 The minimum capital or net equity value referred to in the previous paragraph may not exceed 10% (ten percent) of the estimated value of the contract, and proof must be provided in relation to the date of submission of the proposal, in accordance with the law, with updates to this date permitted using official indexes.
§ 4º A list of commitments undertaken by the bidder that imply a reduction in operating capacity or absorption of financial availability may also be required, calculated based on the updated net equity and its rotation capacity.
§ 5º The company's good financial situation shall be proven objectively by calculating the accounting indexes provided for in the notice and duly justified in the administrative process of the bidding process that initiated the bidding process, and the requirement of indexes and values not usually adopted for the correct assessment of a financial situation sufficient to fulfill the obligations arising from the bidding process shall be prohibited. (As amended by Law No. 8,883 of 1994)
- Board index
- All times are UTC
- Delete cookies
- Contact us