Public competition and phase inversion

Recent state and municipal laws contain rules that change the order of phases provided for in art. 43 of the Law n. 8.666/93 for the analysis of the qualification documents and those of the commercial proposals of the bidders. This inversion of the phases involves creating a new bidding modality, something forbidden by Law n. 8.666/93 and by the Constitution, according to the consolidated understanding of the Federal Court of Audits. Check out the piece prepared by Alexander Wagner Nester addressing this issue.rn

São Paulo
Jardim Botânico