The association expressed its opinion in a note this Thursday (14)
In a statement released to the press, this Thursday (14), Abracom (Brazilian Association of Communication Agencies) said that public bodies, such as the General Attorney’s Office of the Union and the Court of Auditors of the Municipality of São Paulo, would be disrespecting law 14.356/ 22.
According to the entity, the legislation determines the contracting of institutional communication products that include press relations, public relations, content production, training, among other services through the Best Technique or Technique and Price modalities, provided for in Law 12,232 /2010.
Abracom also informed that it has taken a legal position, with requests for challenge and that it will take the issue to Justice so that the Law is finally complied with.
Electronic Prego was created for the purchase of products and services of a common nature, which are valued at the lowest price offered by suppliers. The contracting of institutional communication products and services does not fall into this category. These are activities of an intellectual and strategic nature, deal with reputation, promote dialogue between the government and society and need to be contracted through rigorous technical evaluation, says an excerpt from the note (read it in full below).
In addition to challenges to the notices, Abracom also stated that it had sent letters to ministers Paulo Pimenta, from the Communication Secretariat of the Presidency of the Republic, Jorge Messias, from AGU and to the president of the Court of Auditors of the Municipality of São Paulo, Renato Tuma.
Enough of illegality in institutional communications tenders!
Public bodies such as the Attorney General of the Union (AGU) and the Court of Auditors of the Municipality of São Paulo (TCM-SP) are disrespecting law 14.356/22, which determines the contracting of institutional communication products that include press relations , public relations, content production, training, among other services through the Best Technique or Technique and Price modalities, provided for in Law 12,232/2010.
Abracom has taken a legal stance, with requests for challenge and raising the issue of Justice so that the Law is finally complied with. Electronic Prego was created for the purchase of products and services of a common nature, which are valued at the lowest price offered by suppliers. The contracting of institutional communication products and services does not fall into this category. These are activities of an intellectual and strategic nature, deal with reputation, promote dialogue between the government and society and need to be contracted through rigorous technical evaluation.
In addition to challenges to the notices, Abracom also sent letters to ministers Paulo Pimenta, from the Communication Secretariat of the Presidency of the Republic, Jorge Messias, from AGU and the president of the Court of Auditors of the Municipality of São Paulo, Renato Tuma. We rely on the legal basis provided by the firm Franco de Menezes Advogados, which studied the legislation and points out that the use of auctions to contract institutional communication has been definitively prohibited since the enactment of Law 14,356/22.
We cannot admit illegality and, in the case of AGU, flagrant disobedience to Normative Instruction 01/23, from SECOM, which determines federal administration bodies to use the Best Technique or Technique and Price modalities, in line with current legislation. With the support of legal consultancy, we will carry out challenges and legal actions against all bidders for services within our scope of action, in tenders across the country and at any level of public administration until the Law is finally complied with..
(Credit: Photo by Glenn Carstens-Peters on Unsplash)
