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The activity of market analysis for planning of government procurement

Abstract

Since Act n. 8,666/1993 became effective, there have been discussions about the stage of the procurement process that concerns price survey. By reason of complete lack of regulation, for many years, determining the methodology to be followed for the performance of this important stage of the internal phase of the procurement process has been left at the discretion of public agents (managers, purchasing agents, and even legal assistants). It is important to acknowledge that this activity has a major strategic relevance in the procurement process and the budget administration of the agency, since a poor price survey will give space to entering into overpriced contracts; price surveys that do not find the actual market price may render the execution of contracts impracticable, and consequently restrict the mechanism. It must be acknowledged
that this is an extremely complex activity that requires skill on the part of the public agents. Even now, under the provisions of Normative Instruction n. 5/2014, the agent performing the regulation still lacks guidelines as to the methods that can be adopted in order to reach an appropriate financial planning of the contract. It is precisely this aspect that will be addressed herein, so as to offer the public agents in charge of such activity the minimum data to perform their duties well.

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Author Biography

Luiz Cláudio de Azevedo Chaves

Specialist in Administrative Law, professor at the National School of Urban Services (Ensur), Invited professor  at Fundação Getúlio Vargas (FGV) and the Pontifícia Universidade Católica do Rio de Janeiro (PUC-Rio). Author of works Practical Course of Bidding: the secrets of Act N. 8.666/93, Lumen Juris and Public Procurement:
governmental buying and selling for lay people (Curso Prático de Licitações: os segredos da Lei nº 8.666/93, Lumen Juris e Licitação Pública: compra e venda governamental para leigos), published by the Alta Books.
Regularly lectures at national level the course “Market Analysis for the planning of public procurement:
price survey in procurements, waiver and impossibility for competitive bidding”.