Integrated contract in Law 14.133/2021: new law, same problems? A study of comparative law

Bruno Ribeiro Marques,Paulo Cavichioli Carmona,Odilon Cavallari De Oliveira

doi:10.5102/rbpp.v11i3.8062

Abstract

The purpose of this article is to analyze whether expansion allowed cases for design-build biddings might improve positive impacts on the efficiency of public procedures. Hence, both Brazilian and international experiences will be studied with attention to design-build and turnkey contracts. In integrated contracting procurements, basic and executive projects must be done by the same company that shall execute the project and its further execution. Consequently, public Administration must only provide a draft. Resolutely, the hypothesis is that these amplification allowances increase the risks of other contract failures. The methodology used was a dialectical-inductive method comparing both Brazilian and international cases of integrated contracts. Firstly, it is demonstrated when Design-Build procurements were first allowed in Brazil and how and why their uses have been amplified. Additionally, the international scenario shall be examined to determine if restrictions imposed by most countries have accompanied the use of integrated contracts for public Administration in Brazil. Subsequently, a comparative examination of several hiring public models will be examined to answer whether integrated contracts biddings might benefit public sectors. The conclusion is that significant expansion of possibilities of using the integrated contracting, forecasted in Law 14.133/2021, poses risks of reducing the efficiency of public administration unless several measures are to be adopted in the planning phase with particular attention to those related to the draft selecting requirements, just like most developed countries have already done.

Highlights

Modern structures tend to be so complex that their projects require specialized companies with expertise in several fields to avoid further problems during the unleashing of the enterprise.considering roman structures, or even structures made by the time of ancient cathedrals, might put the idea of rigorous projects as a necessary condition for good buildings into perspective
Considering roman structures, or even structures made by the time of ancient cathedrals, might put the idea of rigorous projects as a necessary condition for good buildings into perspective
To provide a broader perspective to the study of the design-build, a jurisprudence and a comparative study from laws from several studies are required, but it remains essential to verify the research made by most prestigious universities regarding the theme created especially within academia so to compare whether the problems seen in Brazil ought to be equal to those seen in other countries

Summary

Introduction

Modern structures tend to be so complex that their projects require specialized companies with expertise in several fields to avoid further problems during the unleashing of the enterprise.considering roman structures, or even structures made by the time of ancient cathedrals, might put the idea of rigorous projects as a necessary condition for good buildings into perspective. Modern structures tend to be so complex that their projects require specialized companies with expertise in several fields to avoid further problems during the unleashing of the enterprise. Neither Romans nor catholic architects had foundation studies or computer landscape analysis that are extensively used recently. Nowadays, it might seem incomprehensive considering the amount of data necessary to conceive complex structures like airplanes or submarines. It might seem incomprehensive considering the amount of data necessary to conceive complex structures like airplanes or submarines These two points seem to result in an inherent paradox. That is why companies tend to mix senior engineers with trainees in complex structures works. Companies share the idea that it is essential to combine experience with knowledge to avoid unforeseen problems

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