CCJ approves 25% limit for addenda in public contracts.
The Constitution, Justice and Citizenship Committee (CCJ) has approved in a final decision the bill (PLS 25/2012) by Senator Ana Amélia (PP-RS) that establishes a maximum limit of 25% for increases to the initial value of contracts for works, services or purchases by the public administration; if there is no appeal for a vote by the Senate Plenary, the proposal will go directly to the Chamber of Deputies.
Senate Agency - The Constitution, Justice and Citizenship Committee (CCJ) approved in a final decision, this Wednesday (6), a bill (PLS 25/2012) by Senator Ana Amélia (PP-RS) that establishes a maximum limit of 25% for additions to the initial value of contracts for works, services or purchases by the public administration. If there is no appeal for a vote by the Senate Plenary, the proposal will go directly to the Chamber of Deputies.
PLS 25/2012 amends a provision of the Bidding Law (Law 8.666/1993) that currently allows increases ranging from 25% in contracts for works, services or purchases, to 50% in the case of building or equipment renovation. The rapporteur, Senator José Agripino (DEM-RN), expressed his support for the bill.
"When a contract is signed that automatically authorizes a 50% readjustment, the planning becomes fractured. With a readjustment limited to 25% for any type of work, the obligation to propose prices that can be met returns," Agripino considered.
Throughout the discussion in the CCJ (Committee on Constitution, Justice and Citizenship), Ana Amélia expressed her satisfaction that one of her proposals was inaugurating the committee's electronic voting panel. Senator Eduardo Amorim (PSC-SE) believes that the measure will bring enormous benefits to public coffers by preventing bid adjustments well above the initial values.
Despite considering the modification important, Senator Antonio Anastasia (PSDB-MG) advocated for a general review of the Bidding Law.
"I cannot accept a law that governs everything from the construction of a nuclear power plant to the purchase of pencils by the government," Anastasia stated.
Senator Marcelo Crivella (PRB-RJ) highlighted the need for greater control over purchase invoices for materials in construction and renovation projects, to prevent "collusion" between construction inspectors and contractors.
The only dissenting vote against PLS 25/2012 was cast by Senator Omar Aziz (PSD-AM). In his opinion, the Bidding Law was wise in allowing an increase of up to 50% in the initial value of public works.
"This law doesn't require a detailed engineering design, only the basics. When a project begins, no one can tell how compromised the structure is. I will vote against it because I believe this is not how we will curb overpricing," declared Omar.