Gabriela de Ávila Machado
Lawyer at Marcos Martins Advogados
Provisional Measure No. 961/2020[1], published on May 7, 2020, expanded the scope for using the Differentiated Public Procurement Regime (RDC) during the state of public calamity – recognized by Legislative Decree No. 6/2020, due to the pandemic caused by the new coronavirus (Covid-19).
With the Measure, which came into force on the date of its publication, the RDC can be applied to the contracting of any works, services, purchases, disposals and leases.
The Differentiated Contracting Regime was created by Law No. 12.462/11, and its use was restricted to specific government programs, such as engineering works and services aimed at the Unified Health System (SUS).
The intention of the Measure is to bring more efficiency to public administration at a time when the country is living, since the RDC brings advantages such as: a single contract for projects and works; electronic bidding for works; among others.
[1] BRAZIL. Provisional Measure No. 961, of May 6, 2020. Authorizes advance payments in bids and contracts, adjusts the limits for waiving bids and expands the use of the Differentiated Public Procurement Regime – RDC during the state of public calamity recognized by Legislative Decree No. 6, of March 20, 2020. Available at http://www.in.gov.br/en/web/dou/-/medida-provisoria-n-961-de-6-de-maio-de-2020-255615815. Accessed on: May 15, 2020.
