Nos termos da Nova Lei 14.133/2021, a dispensa emergencial poderá ter prazo máximo de 1 (um) ano
Nos termos da Lei 8.666/93, era admitido o prazo máximo de 180 (cento e oitenta) dias consecutivos e ininterruptos de vigência contratual para contratações por dispensa emergencial (sem licitação).
A Nova Lei 14.133/2021, em seu artigo 75, VIII, regulamenta que é admissível a contratação por dispensa emergencial nos casos de emergência ou calamidade pública, quando caracterizada urgência de atendimento de situação que possa ocasionar prejuízo ou comprometer a continuidade dos serviços públicos ou a segurança de pessoas, obras, serviços equipamentos e outros bens, públicos ou particulares.
A Lei se atentou a regulamentar que tal admissibilidade se abstém somente para aquisição dos bens necessários ao atendimento da situação emergencial ou calamitosa e para as parcelas de obras e serviços que possam ser concluídas no prazo máximo de 1 (um) ano.
Neste sentido, a Lei permite o prazo de 1 (um) ano, a contar da ocorrência da emergência ou da calamidade, e expressamente veda as prorrogações dos respectivos contratos e a recontratação de empresa já contratada.
#dispensaemergencial #licitacoes #direitoadministrativo #contratacaopublica #dispensadelicitacao #lei14133 #lei141332021
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