Post by account_disabled on Mar 13, 2024 3:52:56 GMT -5
From May 11th, foreign companies that do not operate in Brazil will be able to register in the Unified Supplier Registration System (Sicaf), and thus participate in national tenders.
reproduction
IN allows foreign companies to participate in the government's electronic auction Reproduction
The rule is in Normative Instruction 10/2020, published in the Official Gazette of the Union this Tuesday (11/12). The rule is part of a series of changes promoted by the government to simplify the participation of foreign companies in tenders.
The new instruction affects B2B Lead purchases made via electronic auction and also works tendered through the electronic Differentiated Contracting Regime (RDC).
Lawyer Giuseppe Giamundo Neto , from Giamundo Neto Advogados, explains that Law 8,666/93 already allowed the participation of foreigners in national tenders, as long as the respective contracting entity provides for such a possibility in the calling instrument. What IN innovates, says the lawyer, is in allowing the registration of foreign companies without operations in the country in Sicaf.
"Sicaf is a registry that contains records of legal qualifications, fiscal regularity and economic-financial qualification of companies that participate in bidding. Before this IN, these foreign companies without operations in the country could not be registered with Sicaf. If they participated bidding process, your qualification documents should be analyzed by the Bidding Committee or the auctioneer on a case-by-case basis", he explains.
Lawyer Thaís Marçal considered IN an advance, which should attract investors. “Opening the Brazilian market to foreign investors in terms of public procurement is fundamental to allow the country’s development,” she stated.
Another measure adopted by the government to simplify the participation of suppliers from other countries was the end of the requirement for sworn translation for registration with Sicaf. According to Decree 10,024/2019 , qualification requirements will be presented in free translation. Only if the winner is foreign, a sworn translation will be mandatory for signing the contract or price registration minutes.