Waiver of Bidding Procedures:

The issue of manufactured emergencies and the oversight role of Control Agencies in emergency procurement of public works in the Municipality of São Paulo

Abstract

The purpose of this study is to address the topic “Waiver of Bidding Procedures: The issue of manufactured emergencies and the oversight role of Control Agencies in emergency procurement of public works in the Municipality of São Paulo”, especially to deal with the hypotheses of waiver of bidding provided for in the legislation, as well as the so-called manufactured emergency, with emphasis on the contracting of construction work in the Municipality of São Paulo. Likewise, the project will address the procedures adopted by the Control Agencies with regard to the emergency contracts, mainly through the study of a specific case, namely the extra- planned procedure initiated by the Court of Auditors of the Municipality of São Paulo whose identification number is TC 005781/2022.  Considering the importance of emergency works contracting, the Control Agencies have admitted the execution of emergency contracts, even if based on the manufactured emergency, in attention to collective rights and interests. Consequently, penalties and sanctions are applied to those who acted in the contracting and contributed to the irregularities.