摘要：The infrastructure sectors have several specificities in their selection process, as is the case, for example, of the requirements for technical qualification in the qualifying phase. Instead of requiring only past experience in the sector, it has been common that the public notice demand from bidders to have experience in fundraising. Thus, participation is permitted as bidders for actors who traditionally function as financiers, as is the case with investment funds, private pension entities, trusts and private equity funds. The object of this article is to explain that this modeling can be legally viable, being, still, able to foment competition. There is no rigid and inflexible model of technical qualification, and the manager’s discretion must be observed when modeling the public bid. It is essential that this option is properly motivated and does not jeopardize the adequacy, safety and efficiency of the service.
其他摘要：The infrastructure sectors have several specificities in their selection process, as is the case, for example, of the requirements for technical qualification in the qualifying phase. Instead of requiring only past experience in the sector, it has been common that the public notice demand from bidders to have experience in fundraising. Thus, participation is permitted as bidders for actors who traditionally function as financiers, as is the case with investment funds, private pension entities, trusts and private equity funds. The object of this article is to explain that this modeling can be legally viable, being, still, able to foment competition. There is no rigid and inflexible model of technical qualification, and the manager’s discretion must be observed when modeling the public bid. It is essential that this option is properly motivated and does not jeopardize the adequacy, safety and efficiency of the service.
关键词：Licitação;qualificação técnica;recursos financeiros;contrato de concessão;serviços públicos
