In celebration of the International Anti-Corruption Day, on December 9, 2024, it was sanctioned the Decree N. 12,304 (“Decree”) that aims strengthening integrity in the relationship between private companies and the Federal Public Administration, considering the Brazilian Public Bidding Law (“Bidding Law”).
The Decree emphasizes the partnership between the Brazilian Office of the Comptroller General (“CGU”) and the Federal Government as the Decree regulates the obligations set forth in the Bidding Law, that establishes that the winner of the bid must implement an integrity program within 6 (six) months of the signing of the agreement.
The Decree regulates this mandatory implementation of integrity programs regarding the parameters of evaluation of the programs for (i) agreements with high amounts – above BRL 239 million; (ii) tiebreaker between proposals and (iii) rehabilitation of bidders and previously contracted companies.
In this sense, the parameters for evaluation of integrity programs are the ones already established in the Decree 11,129/2022 (“Anticorruption Decree”) that regulated the Federal Law 12,846/2013 (“Anticorruption Law”)
It is worth mentioning that companies which already have integrity programs may have advantage during the biddings, as the preexistence of an integrity program will be a tiebreaker.
The CGU will be responsible for monitoring the implementation and effectiveness of the programs, in addition to applying sanctions in case of non-compliance.
The initiative reinforces the importance of integrity programs for companies and seeks to strengthen the fight against corruption, promoting greater transparency in relationships between public and private sectors.
For more information, please contact Saud Advogados.