Análise do Seguro Garantia nos contratos da Superintendência de Obras do Plano de Desenvolvimento do Estado da Paraíba e a aplicabilidade do Performance Bond

Abstract

Performance bond consists of a guarantee of execution adopted in the large bids of bidding such as the United of America. This mechanism aims to fulfill the obligations acquired by the taker (contractors) before the insured (public administration), due to public bidding. This is intended to provide greater effectiveness and readiness to the progress of investment works and engineering infrastructure involving the government, making it possible to guarantee the compliance of up to 100% of the total value of the within the term agreed between the parties. Failure to comply with the financial institution will restore the insured party, in this case the Public Administration, in the value of the contract signed between the parties or fulfill the obligation of the policyholder by hiring another company to perform the service, thus allowing the decentralization of risks that the poor execution of these hirings generates. The financial institution will guarantee the technical and financial capacity of the winner of the bidding process. The objective of this research is to present, through the collected data, the types of guarantees adopted within the public contracts involving engineering and infrastructure works under the responsibility of the “ Superintendencia de Obras do Plano de Desenvolvimento do Estado da Paraiba (SUPLAN)”,showing the inefficiency of the current model and pointing to alternatives, such as the suggestion of the applicability of the performance bond in the contracts of competition involving engineering woks within the Public Administration of Paraiba.