Tratamento diferenciado às microempresas e empresas de pequeno porte em pregões eletrônicos: o caso da Universidade Federal de Lavras

Abstract

The differentiated treatment to be given to micro and small enterprises (MSEs) by public agencies has a constitutional provision. It was regulated by Complementary Law No.123/2006 that establishes the Statute for MSEs and strengthened by Complementary Law No.147/2014, which became mandatory an adoption of criteria that benefit small businesses in public bids. This descriptive study aimed to analyze the bidding processes of the Universidade Federal de Lavras (UFLA) among the years 2012 to 2015 in order to describe how occurred, in practice, the application of differential treatment to MSEs, as provided by Complementary Law No.123/2006. An interview was conducted with the officers of the Materials Management Board, aiming get information about their perception of this public policy for UFLA. In the Federal Government Purchasing Portal - COMPRASNET were obtained data regarding to bidding processes of the university in the period from 2012 to 2015. Based on an analysis qualitative for interviews and quantitative from the constant results of the trading sessions records, was evidenced a lack of adaptation of the information systems for operationalization of changes. Furthermore, there is also a concern in not reaching the objective to carry out products acquisition or acquire them by expensive values. On the other hand, it was identified that the criers recognize in the Law the importance to fund small businesses and it was demonstrated that there was not necessarily an increase in the amounts paid by the administration from its application. However, the results pointed out that compliance to Law criteria implies in a disposition of the administration inadding the incentive to MSEs to other effects that their application can trigger. Working with reference values that are more appropriate to the processes that has exclusivity to MSEs is one of the possible effects. A intervention proposal was elaborated with a suggestion of change in the flow of the electronic trading session process in order to attend the requirements presented by the legislation and at the same time protect the effectiveness of the process regarding the materials acquisition.