The responsibility of the agents involved must be analyzed carefully by the control bodies, since the number of agents in the decision-making chain depends on the size of the body or entity.
The bidding committee is responsible for “receiving, examining and judging all documents and procedures related to the registration of bidders, qualification and judging of bids”, as provided for in art. 6, item XVI, and art. 51 of Law 8,666/1993. It can be inferred from the text of the legislation that the committee has no decision-making power.
It should also be noted that the Bidding Committee, as an integral part of the Public Administration, must aim to meet all the expectations of the organization in the best possible way. As it is responsible for acts of greater email database australia relevance, it faces problems and demands of all kinds every day.
In this sense, in Ruling No. 2,492/2016 – Plenary, the ministers decided that the authorization to start the bidding process or make the direct contracting is the responsibility of the expenditure manager, through a specific act.
Given this responsibility, the TCU has stated, through rulings, that the commission is not responsible for authorizing bids.
It is also important to highlight that the TCU has already decided, through Ruling No. 2006/2006 – Plenary, that, in order to hold agents who are subject to TCU control liable, the following elements must be present: “commission or omission and unlawful action; existence of damage or violation of a legal, regulatory or contractual norm (irregularity); causal link between the action and the verified unlawfulness; and intent or fault (negligence, imprudence or incompetence) of the agent”. In this context, the process of holding liable is complex and requires that the acts of each agent be duly individualized.
Finally, it is reiterated that the legislation allows the Bidding Committee to correct, ex officio, errors in the notice, in view of the principle of self-protection, with court decisions that greatly value the exercise of administrative self-protection.