The first category is represented by the participating agencies, which are those that, at the time of the call by the managing agency, appear and participate in the implementation of the SRP, informing the intended objects, quality and quantity. The second category is that of the non-participating agencies that, not having participated at the appropriate time, informing their consumption estimates, later request the use of the price registration minutes from the managing agency. These are known as free riders.
Legal and doctrinal questions about the legality and constitutionality of these free riders that arose at the time were removed with the enactment of Decree 7,892/2013, which, in addition to maintaining the classification of users of the price registration minutes introduced by the old decree, took care to conceptualize them in a uniform way: “non-participating body – body or entity email database australia of the Public Administration that, not having participated in the initial bidding procedures, having met the requirements of this rule, adheres to the price registration minutes (art. 2, V)”.
The enactment of Decree 7,892/2013 was also responsible for some changes regarding the validity period of the price registration record. The understanding of the control bodies — TCU and AGU —, prior to Federal Decree 7,892/2013, was that the Price Registration Record — ARP is exhausted when its entirety is acquired by the participants.
Based on this assumption, it would not be possible to consider the adhesion of carpools to the registration record.
prices after the purchase of the entire quantity by participants, since this would have ended with the purchase of all products. This understanding, however, does not subsist after Federal Decree 7,892/2013, given that the Decree establishes the validity rules restricted exclusively to the term of the ARP, as well as in relation to the possibility of piggybacking.
Therefore, even if participants take all registered items, if the supplier agrees to supply a non-participating agency with products within the limit set forth in the standard, adherence is perfectly possible. It is important to point out, however, that the control agencies have not yet expressed their views on the matter after the enactment of the 2013 Decree. Therefore, if the manager is faced with a situation similar to the one described, a solid basis is required to adopt this doctrinal thesis.