Regulamentos de licitações editados sob a Lei 13.303/2016: instrumentos de inovação ou de repetição?

Abstract

Purpose - The main purpose is to measure the degree of innovation implemented by federal state companies that compete with the private sector in their bidding regulations published under Law 13.303/2016, which established a new contracting regime for these companies, replacing Law 8.666/93. Design/Methodology - Research of qualitative nature that uses the analysis of content as method, documentary type, through grid of mixed analysis. The choice of the research universe considered the degree of normative freedom inaugurated by Law 13.303/2016 and the incentive to innovation and maximization of efficiency in the states companies. The provisions of the bidding regulations were divided into units of analysis and classified according to categories constructed by the researcher. Findings - It was possible to construct indexes to measure both the level of innovation (index of propensity to innovation) and repetition (repetition percentage), as well as a classificatory matrix (matrix of innovations and repetitions). The research found a low degree of innovation implemented by the state companies in their bidding regulations, and considerable variations in the degrees of repetition. Research limitations - Possibility for the states companies to promote innovations in their bidding procedures despite the absence of express possibility in its regulation, which may decrease legal support, but still be considered legal. Practical implications - The analysis of the content of the bidding rules, as well as their classification by indexes, can be useful for the discussion about the normative space that the states companies really possess to innovate, as well as their appetite, propensity or security for that. Social implications - Maximizing innovation and efficiency in bidding processes can generate savings in public resources and improve the quality of public services to society. The analysis of the degree of innovation promoted by the public administration can be productive for the debate about management, efficiency and public control. Originality - To our knowledge, this is the first study that analyzes the degree of innovation in the bidding regulations of states companies.