A utilização do sistema de registro de preços para obras e serviços de engenharia

Abstract

The present study aims to analyze the applicability of the “Price Register System”, regulated by the Decree 7.892/13, for construction works and engineering services, making a study of the principles of legality and efficiency. The methodology used includes literature search, consulting the specialized doctrine, and documentary, analyzing the precedents of higher courts and the TCU. The Price Register System is the most important tool to achieve the principle of efficiency in the context of licitations and contracts concluded by the Government, therefore, the exclusion of this system in the abstract, for construction works and services engineering is prejudicial to good management. The price register should be used for standard objects with the same characteristics, which is the variable quantity. It is possible to imagine construction works and engineering services that fit this concept, licitable therefore by the registration pricing. Thus, with standard basic design that meets the same demand in different organs or sites, it is possible to use SRP. Aside from this hypothesis, the inapplicability of price register can be except where the construction work or service engineering is a minor, requiring low technical complexity, being expendable, so the basic design, to be replaced by a complete description of the object. Or when the licitation is promoted by systematic of the prices register due to budget contingency, using the understanding that the role of art. 3 of Decree 7.892/13, is not exhaustive. In the latter case, the licitation could be promoted by the conventional system is not for lack of forecast budget allocation, required by the licitation act as a condition to the launch of the contest and waived in the systematic of the price register.