Law 14,133/2021, the new Bidding and Administrative Contracts Law, which establishes general bidding and contracting norms for the direct, indirect, and foundational Public Administrations of the Union, the States, the Federal District, and the Municipalities is effective as of May 2023, repealing Law 8,666/1993. However, Provisional Measure 1,167/2023 extended the term for the use of Law 8,666/1993 until 12/29/2023, in addition to the rules for the “pregão” (bidding) modality – Law 10,520/2002 and the Special Contracting Regime – Law 12,462/2011.
Thus, Law 8,666/1993 remains in effect until December 29, 2023, meaning that the Public Administration may use the format of Law 8,666/1993 until the end of this year, being forbidden the concomitant use of both Laws.
It is worth emphasizing that Law 14,133/2021 improved the wording of Law 8,666/1993 and also brought innovations.
Just as an example, here are some of the new features that the new Law enshrined:
- The National Portal for Public Contracting – PNCP – article 54 – all calls for bid will be included in this Portal, including the deadlines.
- The bidding modalities, now fixed in the Law, are: Pregão (Bidding), Concorrência (Competition), Concurso (Contest), Leilão (Auction) and Diálogo Competitivo (Competitive Dialogue), with the modalities Tomada de Preços (Price Taking) and Convite (Invitation) no longer existing.
- Articles 89 to 108 of Law 8,666/1993, which dealt with the criminal part, were revoked in the new law, and are now provided for in a new chapter of the Criminal Code – CRIMES IN BIDDING AND ADMINISTRATIVE CONTRACTS.
- Material aspects modified in the Administrative Improbity Law.
In due course we will bring you more information about Law 14,133/2021.
Maria Cecília, (maria.cecilia@ronaldomartins.adv.br), tel. (11) 99965-6809 and Édnei Ferrari, (ednei.ferrari@ronaldomartins.adv.br), tel. (11) 97549-9268, Corporate and Civil Law Areas of RONALDO MARTINS & Advogados.
