1E9Ct5D

In accordance with the Constitution and Bidding Law, there are some situations where the invitation tobid is dispensed with or not required, such as when the bidding process is objectively inconvenient topublic interest, owing to the singularity of the intended object - i.e. without equivalents in the market orbecause of the uniqueness of the offerors, or further, on account of an emergency situation of thePublic Administration.Invitations to bid shall, in general, abide by the following informative principles: a formal procedure,equal conditions for all bidders, publicity of the acts, administrative integrity, compliance with thenotice or invitation to bid (which is the internal law of each invitation to bid), confidentiality at the timeof the submission of proposals, objective judgment criteria and compulsory award to the successfulbidder.An invitation to bid may be of distinct kinds, namely: a) competitive bidding, b) auction, c) pricequotation, d) invitation, e) contest, and f) live floor auction.The price quotation, invitation and contest types have simplified procedures, due to the limitation ofthe value of the subject matter to be put up for bid. The live floor auction type applies solely toinvitations to bid organized by the Public Administration for the purchase of common goods andservices, i.e., goods with objectively established quality and performance standards practiced in themarket, regardless of the estimated contracting value.Law 8,666/93 also determines that purchases made by the Public Administration should, wheneverpossible, be processed through a Price Registration System (Sistema Registro de Preços – SRP),which permits the rapid and immediate operation of the Public Administration, with due regard to theisonomy principle and guaranteeing the objective pursuit of the most advantageous contracting. TheSRP is currently regulated by Decrees 3,931, of 19 September 2001 and 4,342 of 23 August 2002.International invitations to bid, thus defined in the notice itself, permit the participation of Brazilianand/or foreign companies either individually or in a consortium, as established in the document. Inorder for foreign companies without operations in Brazil to qualify, they must submit documents thatare as equivalent as possible to the documents required from Brazilian companies, duly certified andauthenticated by the respective consulates, when necessary, and translated by a certified translator.Furthermore, they must have a legal representative in Brazil, with express powers to receive service ofprocess and answer administratively and judicially for the principal.The purpose of the invitation to bid is to guarantee, among other things, the observance of theconstitutional principal of isonomy, the selection of the most advantageous proposal for theadministration and the promotion of sustainable national development.62