The scenario of recent days leads to the reflection that a more active and decisive behavior from senior management regarding the governance of contracts is increasingly necessary.
The need to extend the possibility of using Law No. 8,666, of June 21, 1993, and Law No. 10,520, of July 17, 2002, demonstrates the inability of managers to plan for the implementation of a new contracting system presented by Law No. 14,133/21, which has already been in force for 02 (two) years.
Provisional Measure No. 1,167, of March 31, 2023, amends article 191 of the NLL, linking the publication of the call for bids (notice or act authorizing direct contracting) as the final milestone of the transition, also observing the request of the National Confederation of Municipalities (CNM).
In view of this, many observe that the scenario lebanon telegram data of uncertainty is always transferred to the price, however, this scenario is also reflected in the people involved in the process.
Furthermore, considering this context, the CNM showed that 61% of the Municipalities stated that some employee had received training on the New Bidding Law and 37% had not, and 92% had not even appointed a contracting agent. [3] This demonstrates the lack of perception of the need to implement competency-based management imposed by Law No. 14,133, of March 1, 2021.
It is worth remembering that the New Bidding and Contracts Law (NLLC), Law No. 14,133/2021, in §1, inc. X of art. 18; §3, inc. I of art. 169; and in art. 173 references a training plan, imposing on the public manager the duty to train the agents who will act in the contracting processes, thus developing the skills necessary to exercise the function assigned to them.
In this sense, it is understandable that public bodies undergo constant structural changes and internal dynamics that demand high performance from their staff. However, it is necessary that the knowledge acquired during their working life integrates public servants into processes and systems so that qualified and strategic services are offered to society. To this end, continuous complementary training is also necessary.
Therefore, it is necessary to understand that, in line with these guidelines, the NLLC reinforces the duty of senior management to promote contracting governance, implementing processes and structures, including risk management and internal controls, to evaluate, direct and monitor bidding processes and the respective contracts, and in addition to these actions, it must begin implementing competency management in organizations, as set out below in articles 7 and 11 of the NLLC:
Art. 7º It shall be up to the highest authority of the body or entity, or whoever the administrative organization rules indicate, to promote management by competencies and designate public agents to perform the functions essential to the execution of this Law that meet the following requirements:
§ 1º The authority referred to in the caput of this article must observe the principle of segregation of functions, prohibiting the designation of the same public agent to act simultaneously in functions more susceptible to risks, in order to reduce the possibility of concealing errors and the occurrence of fraud in the respective contracting.
Art. 11. The bidding process has the following objectives:
Sole paragraph. The senior management of the agency or entity is responsible for the governance of procurement and must implement processes and structures, including risk management and internal controls, to evaluate, direct and monitor the bidding processes and the respective contracts, with the aim of achieving the objectives established in the caput of this article, promoting an integral and reliable environment, ensuring the alignment of procurement with strategic planning and budgetary laws and promoting efficiency, effectiveness and efficacy in its procurement.
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