State of Ceará pricing system: advantages and disadvantages for government purchases

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ORIGINAL ARTICLE

LIMA, Kathiuscia Alves de [1]

LIMA, Kathiuscia Alves de. State of Ceará pricing system: advantages and disadvantages for government purchases. Revista Científica Multidisciplinar Núcleo do Conhecimento. 04 year, Ed. 10, Vol. 07, pp. 106-132. October 2019. ISSN: 2448-0959, Access link in: https://www.nucleodoconhecimento.com.br/business-administration/registration-system

SUMMARY

This study aimed to analyze the Price Registration System (SRP) of the Government of the State of Ceará, in the period 2008-2012, observing the advantages and disadvantages of its implementation. This was a case study with exploratory-descriptive methodology and, according to the means of investigation, the research was characterized as bibliographic, documentary and field. Bibliographic presenting a theoretical exhibition on the SRP, regulated by Law No. 8,666/93 and State Decree No. 28,086/06. Documental presenting its implementation and operationalization. The field research took place through interviews with Minutes Managers of the Secretariat of Planning and Management (SEPLAG) and with the Purchasing Managers of the State agencies, to detect the advantages, disadvantages and operational problems. The results found in the investigation show that the Price Registration System has as advantages the economicity and reduction in the number of bids; as disadvantages, the impossibility of extension and the rebalancing of prices requested by suppliers during the validity of Ata; and as operational the relocation of quantity of items, due to inadequate planning of some participating bodies. Thus, it is pressing a continuous training of managers in order to minimize operationalization problems.

Keywords: Price Registration System, bidding, public administration.

INTRODUCTION

The public administration carries out works and services through its organs and entities that need to dispose of goods and make purchases. For these procedures, it is necessary to hire people and companies that, as a rule, depend on a bidding process. In this sense, Law No. 8,666 of June 21, 1993 was created to instruct bidding processes in all spheres of the Brazilian Public Administration.

According to the Federal Constitution of 1988, the Public Administration has mandatory to carry out bidding process in the purchase or disposal of goods and services, aiming to provide transparency and provide equality between all companies interested in provide for the public sector.

Law No. 8,666/93 was created in order to moralize the execution of public actions, whether at the federal, state or municipal levels, marked by complaints of irregularities and corruption. To maximize the cost-benefit ratio in this execution, the Bidding and Contracts Law was created, which includes the Price Registration System (SRP), and must be adopted by the Public Administration, when purchasing goods and services for use by agencies and entities , as a price bank that subsidizes future contracts.

The SRP is carried out by bidding, in the modalities competition or electronic trading session, generating a Price Registration Minutes, to be managed by a responsible body.

The Government of the State of Ceará, through the defunct Secretariat of Administration (SEAD), in an almost pioneering but slow way, implemented, in 2004, the Price Registration System for the acquisition of consumer material and expedient and permanent material.

In 2006, the Government of the State of Ceará published in the Official Gazette of the State (D.O.E.) Decree No. 28,087/06, which regulated art. 15 of Federal Law No. 8,666/93 and art. 11 of Federal Law No. 10,520/02, which have on the acquisition of goods, products and services, carried out through the SRP, within the framework of the Direct State Administration of Special Funds, Municipalities, Foundations, Public Companies, Mixed Economy Companies and other entities directly or indirectly controlled by the State.

In 2007, the Secretariat of Administration (SEAD) and the Secretariat of Planning and Coordination (SEPLAN) were extinguished and the Secretariat of Planning and Management (SEPLAG) was created, with the functions of the previous ones.

SEPLAG is responsible for the definition and implementation of standards, guidelines and policies, aiming at the management and continuous improvement of purchasing processes and computerized systems to support the acquisitions of organs and entities of the State Government.

It is up to the Purchasing Management Coordination (COGEC) to manage the general state SRP, through the formulation of purchasing strategies and their operationalization, via bidding, in the electronic trading modality. The operationalization process involves: market research, preparation of Reference Term and Notices, and preparation and execution of The Pricing Minutes.

The work is limited to the public agencies of the Government of the State of Ceará, and the field of analysis is centered on seplag’s Minutes Managers and purchasing managers of the various Organs and Entities of the State Public Administration. As for the temporality of the study, that is, the data analysis, the chosen period was from 2008 to 2012.

Thus, the work aims to investigate the advantages, disadvantages and operational problems of the Price Registration System for government purchases of the State of Ceará.

The interest in the theme is justified by the importance of verifying the real contribution of the Price Registration System to the Government of the State of Ceará. The practice of the SRP was evaluated and proved to be how its operationalization reflects in the new management trends regarding responsibility in public spending, speed, the economy and debureaucratization in the process of government acquisitions.

This work is structured in six sections: Introduction; Brief History of the Pricing Registration System; The State price registration system of the State of Ceará; Methodological Procedures; Analysis of Results and Final Considerations.

SHORT PRICE REGISTRATION SYSTEM HISTORY

The Pricing Registration System, provided for in art. 15 of Law No. 8,666/93, was regulated by Decree No. 3,931 of September 19, 2001, which later underwent changes in some devices by Decree No. 4,342/02. This decree presents an evolution of the most important in the area of corporate purchases known in Brazil, bringing more speed to hiring.

The same Decree defines SRP as the “set of procedures for formal registration of prices related to the provision of services and acquisition of goods, for future hiring”. (BRASIL, 2001).

According to Citadini (2000, p. 89), the Price Registration System “is an operational means for the realization of purchases, genres and common lyused equipment, which is realized through previous bidding event, aiming to obtain the best prices and conditions for the Administration.”

However, Fernandes (2006c, p. 31) states that the SRP “is a special bidding procedure that takes effect through a competition or trading session sui generis, selecting the most advantageous proposal, with compliance with the principle of isonomy, for eventual and future contracting by the Administration.”

In view of these definitions, it can be inferred that the SRP is not a modality or a type of bidding, but rather a set of special procedures for formal registration of prices, related to the acquisition of materials, goods and services for future contracting, with observance in the principle of isonomy.

According to art. 15 of Law No. 8,666/93, public purchases, where possible, must be made by SRP.

Art. 15. Purchases, where possible, should:

[…]

II – be processed through pricing system;

[…]

§ 1 – The price record will be preceded by extensive market research.

§ 2 – The recorded prices will be published quarterly for the guidance of the Administration, in the official press.

§ 3 – The pricing system will be regulated by decree, met the regional peculiarities, observed the following conditions:

I – selection made through competition;

II – prior stipulation of the system of control and updating of registered prices;

III – validity of registration not exceeding one year.

§ 4 – The existence of registered prices does not oblige the Administration to sign the contracts that may come from them, and it is provided with the use of other means, complied with the legislation on tenders, being assured to the beneficiary of the registration preference on a level playing field.

§ 5 – The control system originated in the general price framework, when possible, should be computerized. (BRASIL, 1993).

Bittencourt (2003) states that public purchases must be made by Pricing System, adopting other ways only in exceptional situations.

THE STATE PRICE REGISTRATION SYSTEM OF CEARÁ

The Price Registration System in the Government of the State of Ceará was implemented in 2004, in an embryonic way, by the Department of Health (SESA), due to the transfer of a budget from the Federal Government, which required that the modality of expenditure be through price registration.

In 2006, the Secretariat of Administration (SEAD) took over the management of the SRP and initiated the process of corporate purchases, according to State Decree No. 28,087 of January 10, 2006, which provides for the publication, in the Official Gazette of the State, of the acquisitions of goods, products and services, carried out through the SRP, within the management of state-controlled entities (Direct Administration, Special Funds, Municipalities, Foundations, Public Companies and Mixed Economy Societies) and regulated art. 15 of Federal Law No. 8,666 of July 21, 1993 and art. 11 of Federal Law No. 10,520 of July 17, 2002.

Decree No. 28,087, published in the Official Gazette of the State of Ceará on January 12, 2006, brings in its bulge:

IT PROVIDES ON THE REGULATION OF THE USE OF THE PRICING SYSTEM OF WHICH ARTICLE 15 OF FEDERAL LAW NO. 8,666 OF JULY 21, 1993, AND ARTICLE 11 OF FEDERAL LAW NO. 10,520, OF JULY 17, 2002, AND GIVES OTHER MEASURES.

The GOVERNOR OF the STATE OF CEARÁ, in the use of the attributions that gives him art. 88, itemIV and VI of the State Constitution, and based on Article 15 of Federal Law No. 8,666, of June 21, 1993 and Article 11 of Federal Law No. 10,520 of July 17, 2002, and considering the need for constant improvement of the purchasing process Decrees:

CHAPTER I – OF THE DEFINITIONS

Art.1º For the purposes of this Decree it is considered:

I – Price Registration System (SRP): set of procedures for selecting a more advantageous proposal, aiming at the formal registration of prices for future and eventual contracts of goods, products and services;

II – Minutes of Registration of Prices: mandatory and binding document in which the Management Body, the Participating Bodies are registered, the description of goods, products or services, unit prices, unit of measure, quantities, trade mark, suppliers holding the register and the conditions to be observed in possible contracts, in accordance with the provisions contained in the summons instrument and proposals submitted;

III – Managing Body of the Price Registry: body or entity of the State Public Administration responsible for the management of the SRP for a given category, including the organization and performance of the bidding procedure, as well as for the acts arising therefrom ;

IV – General Management Body for Price Registration: state public administration body or entity responsible for the strategic management of the pricing system within the State Government of Ceará;

V – Participating Body: public administration body or entity that joins the SRP and integrates the Price Registration Minutes;

VI – Term of Accession: binding document signed between the Managing Body of the Price Registry and the Participating Body, in which it formalizes with that its interest in participating in the Price Registry, defining the quantitative and qualitative of the object of the event;

VII – Interested Body: body or entity of public administration that has not been included in the event as the Participating Body and which has an interest in using the Price Registration Minutes, by proof of the advantage and prior consultation with the Management Body;

VIII – Market Research: research carried out with the supplier market, as well as with the official pricing agencies or, in the context of the prices charged by the organs and entities of the Public Administration, aiming at obtaining the price of reference to support the realization or updating of the Price Registry;

IX – Purchase order or Service: formal document issued with the objective of authorizing the delivery of the good or product or the beginning of the provision of the service, as disciplined in Annex IV to State Decree No. 27,786, of May 2, 2005. (CEARÁ, 2006).

In 2007, with the merger of SEAD with the Secretariat of Planning and Coordination (SEPLAN), the Secretariat of Planning and Management (SEPLAG) was created, which became General Manager of the SRP. It is then up to SEPLAG to define and implement standards, guidelines and policies related to management and improvements in government procurement processes in all agencies and entities that make up the Pricing System. It is also up to it to monitor the application of purchasing legislation and the various computerized corporate purchasing support systems, such as: the Supplier Registration; o Catalogue of Goods, Materials and Services; publication of bids and the feeding of the Purchasing Portal.

The SEPLAG Unit responsible for managing the SRP is the Purchasing Management Coordination (COGEC) that consists of the Strategic Purchasing Management and Operationalization cells of Corporate Purchasing, whose competencies, according to the arts. 34 and 35 of Decree No. 29,749 of May 19, 2009, are as follows:

Art. 34. It is up to the Strategic Purchasing Management Cell (CEGEC):

I – define and implement purchasing policies, standards and procedures;

II – implement government procurement policies, to serve suppliers framed in the General Law of Micro and Small Enterprise;

III – manage purchasing information system;

IV – monitor the impacts of decisions that affect price behavior, evaluating the repercussions on corporate purchases;

V – manage the implementation of purchasing strategies defined with the sectors;

VI – define criteria and implement systematic evaluation of suppliers in the State of Ceará.

Art. 35. It is up to the Corporate Purchasing Operationalization Cell (CECOC):

I – subsidize corporate bidding process with the supplier market, with regard to price registration;

II – deploy, monitor and manage industry price records;

III – implement price records and manage acts;

IV – manage the process of registering suppliers;

V – manage the catalog of goods, materials and services of the State;

VI – manage the state price bank;

VII – systematically evaluate state suppliers. (CEARÁ, 2009).

Therefore, SEPLAG acts as the management body of the SRP, from the planning phase to the execution of the Pricing Minutes for the acquisition of goods, materials and services of common acquisition to organs or entities. It also designates other bodies to be managers, depending on the specific nature of the items to be purchased. The following are the systems, their users, and their functionality. Access takes place through the State Government’s Purchasing Porta[2]l.

SUPPLIER REGISTRATION SYSTEM

The registration of suppliers and the issuance of the Registration Certificate (CRC) are necessary conditions to participate in bidding processes and carry out their contracting stemming from the State Public Administration of Ceará, pursuant to Federal Law No. 8,666/93 and State Decree No. 28,086/06.

Access to the CRC system can be done by both the Supplier Registration Manager and the suppliers or users assigned to register and update the registration information. It is noteworthy that at the level of consultation, any supplier, manager or interested person, can access the system in order to ascertain the situation of regularity and issuance of the CRC. For this it is necessary the CNPJ, in the case of legal entity, or the CPF, in the case of a natural person. The CRC was implemented in July 1972 and stayed on the platform until 2000. From then on, it went to the web and today has 24,924 registered suppliers.

CATALOG SYSTEM FOR GOODS, MATERIALS AND SERVICES

The Catalog of Goods, Materials and Services is a system used for classification and cataloguing of materials and services, allowing to optimize the purchasing process in quality and performance standards required by the Government of the State of Ceará.

The system is based on the international model Federal Supply Classification (FSC), whose objective is to establish and maintain a uniform system of identification, coding and cataloging for all organs and entities. The computerized catalog was deployed in 2006 and contains 36,251 cataloged items.

PRICING SYSTEM

The SRP allows greater transparency in the execution of the annual planning of acquisitions and control of the Price Registry by the respective managers and the use of the various Minutes by purchasing managers of the organs or entities of the State.

The operation of the SRP involves several phases, namely: Annual Planning; Specific Planning; Reference Term; Price Research; Term of Accession; Preparation of the Notice; Electronic Trading Session; Type-approval and award; Preparation and Signing of The Minutes; Registration of the Minutes; and Execution of the Minutes.

Annual Planning – refers to the annual purchase estimates of each body or entity. At this stage, the organs inform SEPLAG their quantitative for items already registered and quantitative and specifications for new items. This annual planning is usually released in December and must be finalized and sent, via system, by the end of January of the following year to be validated by the Management Body. It is worth noting that this phase is of paramount importance, since all Price Records will have this information as a basis.

Specific Planning – This type of planning takes place less frequently and only happens at a date after the Annual Planning, that is, when new demands appear for certain goods, materials or services and new Prices or replacement of closed Minutes. In this case, Annual Planning is used to validate the quantitative. SEPLAG has been working to make sure that all Price Records are based on Annual Planning and not meet immediate orders.

Reference Term – after the selection of items belonging to a category, a Reference Term is elaborated, consisting of the object, justification and quantitative by Organ, which is sent to its larger Manager for validation and consequent continuity to the Process.

Price Research – the search is conducted over the Internet and also on site. Each item searched must have at least three prices to compose an average, which is made by the system itself. After the research is carried out, the Price Registration Minutes Manager forwards the results to the Organs and Entities so that they revalidate their demands.

Term of Accession – is a document completed in the system, by each Organ or Participating Entity, signed by the Financial Administrative Coordinator and Purchasing Manager and sent to SEPLAG, where the Ata Manager finalizes the phase.

Preparation of the Notice – upon receipt of the Terms of Accession, the Ata Manager prepares the Notice, sends to the Legal Advisory Office (ASJUR) of SEPLAG for validation that forwards in the form of proceedings to the Bidding Center of the Government of the State of Ceará, located in the Attorney General’s Office of the State of Ceará (PGE).

Electronic Trading Session – mandatory bidding mode for the Price Registration System, held without any interference from the Ata Manager, except when there is a problem. The Management Body has a Sample Analysis Committee to ascertain the quality of the product before the approval and award of the bidding process.

Homologation and Award – procedures carried out by the Central Bidding Commission to complete the bidding process. In the publication of the result of the event in the D.O.E., the names of the winning companies are included, by items.

Preparation and Signing of the Minutes – after the publication of the result of the event with the identification of the items, values, suppliers and the quantitative of each Participating Body is elaborated the Minutes validated by ASJUR so that it is signed by the winning bidders and by the Management Body and is then forwarded for publication in the D.O.E.

Registration of Ata – completed the bidding process, the Price Registration Minutes is elaborated with publication registered in the Ata control system, identifying the items, values, suppliers and quantitative of each Participating Body.

Execution of The Minutes – after publication in the D.O.E., the Ata Manager places the names of suppliers in the system at their respective prices and then releases The Minutes into the system, informing the Agencies and Entities of the release, by e-mails, to purchasing managers.

In the implementation of the Minutes, if necessary, some procedures may be carried out:

  1. Relocation of quantitative items – this procedure is performed when the body or entity no longer has balance and needs to buy a particular item. Then, The Purchasing Manager asks the Aa Manager to get the amount he wants from the item. The Ata Manager requests the other Participating Bodies if they can dispose of that quantity for the benefit of the Requesting Body.
  2. Price Update / Price Rebalancing – is a form of negotiation between the item supplier and the Management Body, with the objective of adjusting the prices in force in the Minutes to new market prices. This procedure occurs when the supplier sends a document to the agency requesting an increase in price in the item, upon a justification. This request is examined by a committee, called the Price Rebalancing Commission, which does a market research to substantiate whether or not the supplier’s request is met.
  3. Brand change – is a vendor request when the item tag undergoes production discontinuity process and so it is no longer able to comply with the Purchase Orders of that item. In the same request, it indicates a new mark without prejudice to the Public Administration. The request is examined by the Review Committee and if the replacement request is accepted, the process shall be validated by ASJUR, which will forward it for publication in the D.O.E. After publication, the Ata Manager makes the appropriate changes to the SRP and communicates the all Participating Organs to the new brand.
  4. Cancellation of Items – this situation occurs when the supplier is unable to meet the demands of the Organs /Entities for the discontinuity of production of that good. It then informs COGEC and requests that another product be accepted with the same specifications as the previous one. A process is then opened for analysis and opinion of seplag’s Legal Advisory. If the opinion is negative, the item is canceled from the Pricing Act. After the item is canceled in the D.O.E., the system changes are made.
  5. Adherence to External Minutes – the accessions the External Minutes continue to take effect in Ceará. Table 1 shows the number of requests granted by SEPLAG for various organs of the State Administration to buy as a “ride” in other organs of the federative entity.

Table 1 – Joining external minutes – 2010-2012

Discrimination Years
2010 2011 2012
Values (R$) 138.282.952 160.749.859 177.601.058
Quantities 955 786 670

Source: SEPLAG/COGEC.

Applications for membership of external minutes were only computerised from 2010. The years 2008 and 2009 exist, but could not be provided by cogec’s Purchasing Operationalization Cell. It is noticed that the number of applications for membership has been falling since 2010, possibly due to greater rigour on the part of SEPLAG in deferring these requests or not, due to the position of the State Court of Auditors (ECA) in relation to the “ride”. As for financial values, Table 1 shows that from 2010 to 2011 there was an increase of 16.3% and from 2011 to 2012 the increase was only 10.5%. Pointing out once again that the criterion for rejecting these requests for adherence to the Minutes of other bodies is increasingly demanding.

All changes that occurred during the execution of the Pricing Minutes are available in the State Government Purchasing Portal.

METHODOLOGICAL PROCEDURES

The research has an exploratory and descriptive character that, according to Marconi and Lakatos (2005), aims to intensely describe a certain situation, such as a case study, when theoretical and empirical analyses experienced by the servers that make organizations.

As for nature, the research is classified as quantitative and qualitative, because the research used statistical data provided by the Purchasing Management Coordination (COGEC) and the results of the interviews applied to SEPLAG’s Minutes Managers and managers of purchasing bodies. For Bryman (1989), in quantitative research the researcher already has pre-structured concepts about the reality to be studied and in qualitative research, the researcher only begins to know the subject during field research or almost at the end of it.

As for the means of investigation, the research is classified as bibliographic, documentary and field. The first allowed the theoretical foundation to support the theme and the problem of research through the literature and current legislation. In Luna’s view (1997), bibliographic research is done when the research problem is inserted within a theoretical reference framework to explain it.

The second was performed through data and information contained in Price Registration reports provided by COGEC. According to Oliveira (2007, p. 70), “in documentary research, the researcher’s work requires a more careful analysis, since the documents did not go through any scientific treatment before.”

In the third, two interviews were applied, one with Managers of Minutes and the other with Purchasing Managers of the organs. The formulation of the questions was based on topics suggested by COGEC coordinators. For Gil (1999), field research is an empirical investigation carried out at the site where the phenomenon occurred or that has elements to explain it, and may include interviews, application of questionnaires, tests and observation of the participant or not.

The investigation was carried out through a case study, which for Fidel (1992), is a specific method of field research, where investigations of phenomena are carried out as they happen, without any interference from the researcher.

The research was carried out at the Secretariat of Planning and Management (SEPLAG) and other organs of the State Government of Ceará, through a survey of information about the SRP for the period 2008-2012. Applied interviews directed to the 4 Directors of Minutes of SEPLAG and 27, of the total of 88 Purchasing Managers of the organs, to know the opinion, of these servers, about the implementation and implementation of the SRP, with regard to planning, adherence of the organs and management of the minutes. Making a report containing information on the operationalization of the SRP with information such as: number of bids per SRP, types of corporate purchases, adherence to external minutes, list prices surveyed, awarded and purchased.

The information obtained in the research was transcribed and recorded in tables using excel 2010 software. Finally, an analysis was made on the information already structured and its conclusions originated.

ANALYSIS OF THE RESULTS

The analysis of the results is divided into two parts. The first refers to quantitative data extracted from seplag/cogec reports; and the second, with a more qualitative character, concerns the interviews applied to SEPLAG’s Minutes Managers and purchasing managers of the Participating Organs of the SRP of the State of Ceará.

ANALYSIS OF QUANTITATIVE DATA

Table 2 shows the total pricing minutes managed by SEPLAG and those managed by the other Agencies, whose goods and materials are pertinent to the specific activities of each of them.

Table 2 – Number of Price Registration Minutes – 2008-2012

Managing Body Number of Minutes
2008 2009 2010 2011 2012 Total
Total 92 93 126 182 351 844
SESA 66 54 70 126 252 568
SEDUC 9 9 14 26 69 127
SEPLAG 13 15 24 19 17 88
ETICE 2 5 3 8 5 23
CBMCE 1 2 7 1 7 18
SECULT 5 1 6
PM 1 2 3
SSPDS 1 2 3
DAS 1 1 2
DETRAN 1 1
PGE 1 1
SEFAZ 1 1
SEINFRA 1 1
METROFOR 1 1
SESPORTE 1 1

Source: SEPLAG/COGEC.

It is noticed that, although SEPLAG is the General Manager of Price Registration, it is the Department of Health (SESA) that makes up a total of 568 Minutes. This is because this Secretariat makes acquisitions of hospital supplies and medicines to meet the demands of the entire hospital network belonging to the State Government.

Secondly, is the Department of Education (SEDUC) with 127 Minutes for the period under study. This quantity is due to the fact that SEDUC serves the entire education network relevant to the State Government, with the purchase of books and teaching material for state public schools.

SEPLAG is in third place with 88 Minutes, despite managing the Consumer Material Price Minutes, Permanent Material, Vehicles, Air and Land Tickets, Printed, Printers, which involve a wide diversity of goods, materials and services.

Next comes the Information Technology Company of Ceará (ETICE) with 23 Pricing Minutes related to equipment and supplies of information technology. The Military Fire Department of Ceará (CBMCE) comes in fifth place, with 18 Minutes of acquisition of uniforms. The other organs had an insignificant participation in terms of quantity.

Table 3 counts the number of items and processes recorded in the Price Minutes, managed by SEPLAG, over five years.

Table 3 – Number of items and processes registered in SEPLAG Price Registration Minutes – 2008-2012

Discrimination Years
2008 2009 2010 2011 2012
Number of Items 237 1.506 1.963 518 320
Number of Processes 13 15 24 19 17

Source: SEPLAG/COGEC.

Quanto ao quantitativo de itens registrados nas Atas, ocorreu um aumento muito significativo de 2008 para 2009, da ordem de 535,4% e de 30,3% de 2009 para 2010. These elevations are justified by the purchase of many furniture items, such as meeting table, chairs, work islands, bookshelves, etc.; and also of expedient material, which in 2009 and 2010, was very diverse. As of 2011, there is no more Price Registration for the acquisition of furniture, due to the low acquisition by the Participating Bodies it was decided that several items of office material would not be purchased in these years. Hence the 2010 drop to 2011 of 73.6% and from 2011 to 2012 to 38.2%.

Table 4 shows the financial balance of purchases per year and by category. For the analysis, the values related to consumer material, permanent material, vehicles and other purchases were used.

The balance of purchases in the Price Registry, managed by SEPLAG, is represented by the difference between the amount awarded, that relative in closing the bid by electronic trading session, and the amount purchased through the registration system procedure Prices.

The Consumer Material category involves Records of Coffee and Sugar Prices, recycled paper, alkaline paper and craft, office material, cleaning/disposable and various material, tire, mineral water and printed services.

In the Permanent Material category, there are items such as air conditioning, furniture, partition, utilities, appliances and electronics.

In the other purchases category, involve airfare, landfare, printed services (related to the manufacture of envelopes of various sizes, badges, letterhead papers, business cards, etc.), building maintenance, surveillance and management of Print.

Table 4 – Balance of purchases in SEPLAG Price Registration, for amounts awarded and purchased – 2008-2012

Categories Awarded Value (R$) Purchased Value

(R$)

Balance
R$ %
2008 113.379.651 86.584.752 26.794.900 23,6
Consumer Material 35.246.198 8.944.283 26.301.915 74,6
Permanent Material 1.115.406 226.899 888.507 79,7
Vehicles 74.964.168 68.643.755 6.320.413 8,4
Other purchases 2.053.880 8.769.814 -6.715.935
2009 193.375.677 83.459.036 109.916.641 56,8
Consumer Material 63.735.181 12.524.656 51.210.525 80,4
Permanent Material 25.575.771 8.618.415 16.957.356 66,3
Veículos 31.395.000 18.837.000 12.558.000 40,0
Other purchases 72.669.724 43.478.965 29.190.759 40,2
2010 278.290.858 49.388.367 228.902.491 82,3
Consumer Material 56.087.782 13.553.446 42.534.337 75,8
Permanent Material 165.509.631 24.020.682 141.488.949 85,5
Vehicles 11.628.995 2.906.809 8.722.186 75,0
Other purchases 45.064.450 8.907.430 36.157.020 80,2
2011 215.464.643 80.480.676 134.983.967 62,7
Consumer Material 65.711.285 16.388.087 49.323.199 75,1
Permanent Material 61.360.114 3.552.522 57.807.593 94,2
Vehicles 65.531.664 45.514.364 20.017.300 30,6
Other purchases 22.861.580 15.025.704 7.835.876 34,3
2012 222.794.992 48.545.512 174.249.480 78,2
Consumer Material 28.374.505 8.188.143 20.186.361 71,1
Permanent Material 91.624.528 14.284.138 77.340.390 84,4
Vehicles 67.287.371 7.248.864 60.038.507 89,2
Other purchases 35.508.588 18.824.367 16.684.221 47,0

Source: SEPLAG/COGEC.

In 2008, the general balance was R$ 26,794,900, with the amount awarded r$ 113,379,651 and the amount purchased of R$ 86,584,752, generating a balance of 23.6%. The category that contributed the most to this balance was that of Vehicles whose balance was only 8.4%. The categories that were least purchased were those of Consumer Material and Permanent Material, whose balances were 74.6% and 79.7% respectively.

In 2009, the balance increased to 56.8%, being awarded R$ 193,375,677 and purchased R$ 83,459,036, generating a balance of R$ 109,916,641. The Consumer Material category contributed the most to this mismatch between the planned and the one performed, with a percentage of balance of 80.4%, demonstrating that only 19.6% of the entire planned for the year was purchased. This leads to a discredit on the part of the supplier who schedules their sales and these do not happen in the term of the Price Registration Minutes. The Permanent Material category also had a significant balance 66.3%. The others, Vehicles and Other Purchases presented a balance of 40.0% and 40.2% respectively.

For the period analyzed, 2010 was the year with the highest balance, 82.3%, from a purchased value of only R$ 49,388,367 in relation to the amount awarded of R$ 278,290,858. It cannot be elected which category contributed the most to this high percentage, since all of them had very significant balances of purchases, such as: Permanent Material (85.5%), Other Purchases (80.2%), Consumer Material (75.8%) and Vehicles (75.0%). The only justification for this behavior is a terrible planning on the part of the Agencies that increase their demands, without a technical criterion.

In 2011, the percentage of balance falls to 62.7%, relative to a difference in the amount awarded of R$ 215,464,643 for a purchased amount of R$ 80,480,676. The villain of this behavior was the Permanent Material category, whose percentage was 94.2% balance. Demonstrating once again, the lack of commitment of the Purchasing Manager and the Administrative-Financial Director of the Participating Bodies, to the planning of the Pricing System. Another category with significant balance was Consumer Material, with 75.1%. The other categories, Vehicles and Other Purchases participated with 30.6% and 34.3% respectively.

The last year relevant to the survey, 2012, has a balance also high, 78.2%, from a prized value of R$ 222,794,992 and from a purchased value of R$ 48,545,512. Except for the other purchases category, whose percentage was 47.0%, all others had significant balances such as: Vehicles (89.2%), Permanent Material (84.4%) and Consumer Material (71.1%).

The purchase balances of all the years surveyed do not allow us to infer that the State of Ceará had a financial savings, since there is no budget classification for these expenses by law and, therefore, they do not directly to public coffers. What is allowed to infer concerns the loss of time and resources spent in the preparation of a bidding process to carry out a Price Registry that is not led to full realization.

Table 5 shows the economicity generated by government purchases to keep the public machine running. It is measured by the difference between the value surveyed to compose the tender notice and the amount awarded, to that related in closing the bid by electronic trading session, showing how much the State saved in financial resources, with the application of the Pricing System.

For this analysis, it was only possible to have the values of the years 2010, 2011 and 2012 since, in 2008 and 2009, the System was not prepared to generate the data.

Table 5 – Purchasing savings in SEPLAG Price Registration, for amounts awarded and purchased – 2010-2012

Categories Value

Searched

(R$)

Value

Awarded

(R$)

Economy
R$ %
2010 446.293.716 278.290.858 168.002.858 37,6
Consumer Material 102.993.682 56.087.782 46.905.900 45,5
Permanent Material 316.314.670 165.509.631 150.805.039 47,7
Vehicles 3.393.402 11.628.995 -8.235.593
Other purchases 23.591.962 45.064.450 -21.472.488
2011 323.427.505 215.464.643 107.962.862 33,4
Consumer Material 95.485.754 65.711.285 29.774.469 31,2
Permanent Material 128.437.062 61.360.114 67.076.948 52,2
Vehicles 80.188.627 65.531.664 14.656.963 18,3
Other purchases 30.551.416 22.861.580 7.689.837 25,2
2012 292.876.089 222.794.992 70.081.097 23,9
Consumer Material 45.895.386 28.374.505 17.520.881 38,2
Permanent Material 130.355.782 91.624.528 38.731.255 29,7
Vehicles 79.165.644 67.287.371 11.878.273 15,0
Other purchases 37.459.276 35.508.588 1.950.688 5,2

Source: SEPLAG/COGEC.

For 2010, the survey carried out led to an amount of R$ 446,293,716 and the amount awarded was R$ 278,290,858, generating an economicity of 37.6%. The categories of Consumer Material and Permanent Material participated with 45.5% and 47.7% respectively. The other categories presented a high diseconomicity for the State, since the values awarded were much higher than the values surveyed, thus generating a negative balance of (-8,235,593) for the Vehicles category and (-21,472,488) for the Other Purchases category.

In 2011, the economicity was 33.4%, with the amount surveyed of R$ 323,427,505 and the amount awarded r$ 215,464,643. The category with the highest percentage of savings was permanent material, 52.2%. The others participated with 31.2% for Consumer Material; 25.2% for Other Purchases and 18.3% for Vehicles.

In 2012, the percentage of economicity fell to 23.9%, the result of a value surveyed of R$ 292,876,089 and an awarded amount of R$ 222,794,992. The category with the highest percentage of economicity was consumer material, 38.2% and the lowest economicity category was that of Other Purchases, 5.2%. The others participated with 29.7%, Permanent material and 15.0% for Vehicles.

The low percentages of economicity may have as cause the fact that the research was not done with the rigors necessary for a price survey and the lack of interest of the companies surveyed to give reliable information to the public entity.

QUALITATIVE DATA ANALYSIS

The interviews of the Managers of Minutes include 6 questions: The advantages of the SRP; The disadvantages of the SRP; The difficulties of opening and operationalizing the system; The relationship between The Managers of Minutes and Purchasing in the process; The prerequisites and training for occupation of the Role of Ata Manager; e The relationship between the area of operation of the corporate purchasing system with the legal area.

With regard to the advantages of the Pricing System, respondents cited: Simplification of processes; Standardization of goods and services; Prevents the fractionation of expenditure; Gain scale and does not require budget allocation.

As disadvantages, the respondents read: No extension of the validity of the Minutes; Duplication of work with regard to the relocation of items; Lack of bids consistent with reality at the time of electronic trading; Overrelease of justifications by the Ata And Lack of Interest and commitment of the Purchasing Manager in relation to annual or specific planning.

In the answers related to the difficulties of opening and operationalizing a Price Registry, there is: difficulty in planning that the Participating Bodies have to estimate their demands properly, generates a distorted planning of the reality, causing low execution of the Minutes, or insufficient quantities to meet the real demand of the participants; The market research determines that the reference price is necessary for the collection of commercial proposals, in a minimum number of three, which requires time and often distorted prices of those practiced in the market, given the lack of interest of some suppliers; and Relocation of quantity of items due to inadequate planning of some Participating Bodies, it involves a greater number of requests for relocation of quantities, compromising the planning of the other participants.

According to the respondents’ opinion, the relationship between the Price Registration Minutes Manager and the Purchasing Managers of the organs takes place very closely, continuous ly at all stages of the Price Registration process. First in the planning phase, then during the execution of the Minutes and finally, with the realization of acquisitions made by the Participating Bodies, already in the phase of completion of the purchasing processes.

The prerequisites for being an Ad Manager are: being a civil or military public servant; to be aware of the system of the Price Registry, from the planning phase to the operationalization. To be Ata Manager, there must be an Ordinance naming it for this and publication in the D.O.E. As for training, The Minutes Managers participate in several courses related to the activities they perform.

Regarding the relationship between the legal area of SEPLAG and the Corporate Purchasing Operationalization Cell, the answers point to a good relationship, since everything that concerns the SRP operationalized by COGEC passes through ASJUR to be effective, from the preparation of the Reference Term and the Notice to the Subscription of Minutes, Price Rebalancing, Brand Change, Cancellation of Items, Application of Opinions on Irregularities and Penalties to Suppliers, among others. ASJUR is part of the Commissions of Rebalancing, Making Corporate Purchasing Policy, Sample Analysis, Penalties to Supplier Companies, etc.

Next, the interviews of purchasing managers are listed, which include 5 questions: The advantages of the SRP; The disadvantages of the SRP; The relationship of Purchasing Managers and Minutes Managers in the process; The prerequisites and trainingfor a Purchasing Manager.

Regarding the advantages of the SRP, the respondents reported: Greater agility in the acquisitions of material and services, without making many bids, since the Minutes usually have a period of 1 year; Greater effectiveness in acquisition control; Acquisition of goods, materials and services with prices below the market, due to purchases being corporate; Diluted purchases in the period of 12 months, avoiding large stocks in the warehouse of the public agency and Not required to buy everything that was planned.

Due to disadvantages, purchasing managers indicated: Impossibility to call the remaining companies, in case the winner does not comply with their obligations, leaving the agency unable to acquire the goods, derailing their stock; Products purchased without good quality; and Possibility of embezzlement in the warehouses by the obligation to wait for the end of the validity of the Minutes (12 months) for a new bid, in case of cancellation of any item.

For the relationship between purchasing manager and the Minutes Managers, almost all the answers point to a great relationship. Some of the Purchasing Managers described how: A great relationship, because they are always in contact by email or meetings, including important points of the process such as supplier penalties, cancellation of items, realignment and mainly existing relocations; Excellent relationship, because the entire team of Price Registration managers of SEPLAG demonstrates to have the knowledge and mastery of the tool, in addition to the responsibility and commitment to make the system work with excellence; and Open relationship to dialogue, dissemination of information and constant training.

As prerequisites for being Purchasing Manager, respondents listed some essential characteristics for the occupation of the position: Knowledge of the Legislation; Knowledge of technological tools; Qualities that favor control, organization and willingness to dialogue; Have a higher level, preferably in Administration and Being a career public servant.

In the issue of training, the majority replied that they participated in training at SEPLAG when he took office and that doubts are resolved with the Managers of Minutes. A part of this contingent did not receive training because it already has experience with bidding.

FINAL CONSIDERATIONS

The Pricing System emerges as a great simplifyer, despite the disadvantages and drawbacks it will present, the advantages with its adoption are much greater, mainly because it debureaucratizes the system and makes acquisitions faster, in addition substantial reduction in costs, whether direct or indirect.

One of the advantages of this modality of corporate purchases is the minimization of bidding procedures, totally different from the traditional way, when there was a plurality of bids for the same good or service. With the SRP, the Public Administration makes a bid for a certain good or service to meet the demand of various government agencies, for the period of 12 months.

Another advantage is acquisitions, which after the srp minutes release procedure, do not require budgetary-financial commitment, since financial resources will only be released when the effective need for purchase, which will generate a purchase order and only then will a budget classification be required.

It is also noteworthy, the benefits brought with the implementation of the purchasin[3]g portal, which should be considered as another advantage of the SRP of the government of the State of Ceará, because it allows to be consulted for research related to suppliers, managers, bids and the SRP.

As for the disadvantages of the SRP, it is observed that in this modality of public procurement, there is a lack of commitment on the part of the Purchasing Managers of the Participating Bodies. A proven fact when observing the behavior of the purchase balances. These balances show that the planning of each Participating Body was not done through an analysis of the previous period, in order to be able to estimate its new demands rigorously, leading, consequently, to an overestimation of purchases.

Another negative aspect of the SRP is the immense daily amount of requests for relocation of items made by purchasing managers to SEPLAG’s Minutes Managers. There is only a need for relocation when the agency buys everything it planned and still need to buy more. This procedure leads us to conclude that there is no planning on the part of these Purchasing Managers.

Another disadvantage observed in the field research is the impossibility of extending the validity of the Minutes. There are certain situations in which the bidding process for a new Minutes is so stuck, it exceeds the validity of The Minutes, leaving the purchases by the Participating Bodies uncovered.

It can be said that the rebalancing of prices, requested by suppliers during the validity of Ata, is another disadvantage. This behavior is very common in seplag-managed SRP Minutes. Prices may be below market prices and are therefore considered unenforceable by the Public Administration, which has the obligation to adapt them to the reality of the market. However, there is another current of SRP scholars who understand that after the signing of The Minutes, prices must remain the same in the validity of the minutes.

In short, the Brazilian bidding procedure enriched with the entry of the Price Registration System. It still presents some weaknesses, however, contributed in an unprecedented way to facilitate the acquisition of goods and services considered common. Improvements have often been made by their creators and it will be up to representatives of public agencies to try to adapt reality to the new rules to contribute to the brightness of the process.

Therefore, it can be affirmed that the Pricing System is a modality that imposes speed, economicity and debureaucratization on public purchases.

REFERENCES

BITTENCOURT, Sidney. Licitação de Registro de Preços. 1. ed. Rio de Janeiro: Temas & Ideias, 2003.

BRASIL. Constituição da República Federativa do Brasil de 1988. Brasília: DOU, 1988.

______. Decreto n.3.931, de 19 de setembro de 2001. Regulamenta o Sistema de Registro de Preços previsto no art. 15 da Lei nº 8.666, de 21 de junho de 1993, e dá outras providências. Brasília: DOU, 2001.

______. Decreto n. 4.342, de 23 de agosto de 2002. Altera dispositivos do Decreto nº 3.931, de 19 de setembro de 2001, que regulamento o Sistema de Registro de Preços previsto no art. 15 da Lei nº 8.666, de 21 de junho de 1993, e dá outras providências. Brasília: DOU, 2002.

______. Lei n.8.666, de 21 de junho de 1993. Regulamenta o art. 37, inciso XXI, da Constituição Federal, institui normas para licitações e contratos da Administração Pública e dá outras providências. Brasília: DOU, 1993.

______. Lei n.10.520, de 17 de julho de 2002. Institui, no âmbito da União, Estados, Distrito Federal e Municípios, nos termos do art. 37, inciso XXI, da Constituição Federal, modalidade de licitação denominada pregão, para aquisição de bens e serviços comuns, e dá outras providências. Brasília: DOU, 2002.

BRYMAN, Alan. Research methods and organization studies. London: Unwin Hyman, London, 1989.

CEARÁ. Secretaria do Planejamento e Gestão. Portal de Compras do Estado do Ceará. 2015.

______. Decreto n.28.086, de 10 de janeiro de 2006. Regulamenta, no âmbito da Administração Pública Estadual, o Sistema de Compras, e dá outras providências. Fortaleza: DOE, 2006.

______. Decreto n.28.087, de 10 de janeiro de 2006. Dispõe sobre a regulamentação do uso do Sistema de Registro de Preços de que trata o artigo 15 da Lei Federal 8.666 de 21 de julho de 1993, e o artigo 11 da Lei Federal 10.520, de 17 de julho de 2002, e dá outras providências. Fortaleza: DOE, 2006.

______. Decreto n.29.749, de 19 de maio de 2009. Dispõe sobre a finalidade, estrutura organizacional, distribuição dos cargos de direção e assessoramento da escola de gestão Pública do estado do Ceará e dá outras providências. Fortaleza: DOE, 2009.

CITADINI, Antônio Roque. Comentários e Jurisprudência sobre a Lei de Licitações Públicas. São Paulo: Max Limonad, 2000.

FERNANDES, Jorge Ulisses Jacoby. Sistema de Registro de Preços e Pregão Presencial e Eletrônico. 2. ed. rev. e ampl. – 2 tiragem. Belo Horizonte: Fórum, 2006c.

FIDEL, Raya. The case study method: a case study. In: GLAZIER, Jack D. & POWELL, Ronald R. Qualitative research in information management. Englewood, CO: Libraries Unlimited, 1992.

GIL, Antonio Carlos. Métodos e Técnicas de Pesquisa Social. São Paulo: Atlas, 1999.

LEÃO, Eliana Goulart. O Sistema de Registro de Preços: Uma Revolução nas Licitações. 2. ed. Ver. E atual. Brasília: Brasília Jurídica, 2001.

LUNA, Sergio Vasconcelos de. Planejamento de Pesquisa: Uma Introdução. São Paulo: EDUC, 1997.

MARCONI, Marina de Andrade; LAKATOS, Eva Maria. Fundamentos de Metodologia Científica. 6. ed. São Paulo: Atlas, 2005.

MINAS GERAIS. Secretaria de Estado de Planejamento e Gestão. Cartilha do Registro de Preços. 2005.

OLIVEIRA, Djalma Pinho Rebouças de. Planejamento Estratégico: Conceitos, Metodologia e Práticas. 23. ed. São Paulo: Atlas, 2007.

2. (www.portalcompras.ce.gov.br)

3. (www.portalcompras.ce.gov.br)

[1] Master in Business Administration at Universidad San Lorenzo (UNISAL) – Paraguay recognized by the Federal University of Rio de Janeiro (UFRJ).

Submitted: June, 2019.

Approved: October, 2019.

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