Integrated Contracting Regime: Binding or Discretionary?

Abstract

The choice of the integrated contracting regime is based on situations where the market offers
more than one possible technical solution for the execution of a work or service, unknown
to the Public Administration, giving the contractor the freedom to choose the most effective
methodology, i.e., the one capable of actually producing the desired outcomes. When there is
the possibility of using different methodologies in the execution of a work or service, they should
refer to aspects of greater magnitude and quality, capable of engendering a real competition
between proposals involving several methodologies, to ensure gains to the Public Administration.
When transferring to private initiative the responsibility for the development of the projects
and execution of the object, providing in the notice only a pre-project that makes it possible to
characterize it, the Brazilian legal system introduces a contracting regime that conforms to the
species associated with the result obligations. No longer limited to the basic project previously
established in the notice’s annex, it is _possible for the contractor to use a specific solution of
execution that, in the end, meets the conditions set forth in the notice.