Joint ordinance gives the 'kickoff' to the resumption of works in schools

Kickoff for the resumption of works and services of Brazilian education. This is how Flávia Schmidt, director of Management, Articulation and Educational Projects (Digap) of the FNDE (National Fund for Education Development) classified the joint ordinance MEC/MGI/CGU No. 82, of July 10, 2023, which provides for renegotiations between the National Education Development Fund (FNDE) and the federative entities within the scope of the National Pact for the Resumption of Engineering Works and Services Destined for Basic Education (Provisional Measure 1,174, of May 12 of 2023). The joint ordinance was published this Wednesday (12) in the Official Gazette (DOU).

“We are aware of the responsibility and complexity of the ordinance, which is why excellence in technical service at this time of resumption is a priority for the FNDE. We have a very qualified team and the publication of the ordinance is an important step towards the National Pact for the Resumption of Works and Services for Basic Education. We will work to make it a transparent, effective and efficient process, with the clear objective of developing Brazilian education”, commented the director.

With 26 articles, the ordinance document serves as an “instruction manual” directed to federal entities with paralyzed works or unfinished projects that intend to resume work on schools, through financial and technical support from the Federal Government, through the FNDE.

In this sense, the publication establishes, among other measures, the prioritization of constructions with higher percentages of physical execution recorded in the Integrated Monitoring, Execution and Control System (Simec) on the date of publication of the MP.

In case the percentages of physical execution are the same, priority will be given to the renegotiation of the oldest work, since FNDE grants preference for works and engineering services from quilombola, indigenous and rural schools, regardless of the percentage of physical execution.

Another relevant issue raised by the ordinance concerns the literal difference between unfinished and paralyzed works, among other terms. related to resumption: By this criterion, unfinished are unfinished works with a legal instrument between the FNDE and the federative entity, won. In the case of paralyzed companies, the legal instrument between the autarchy and the entity remains in force, but the omission of the service order and the beneficiary entity resulted in the interruption of services.

According to the terms of the ordinance, the renegotiation of engineering works and services aimed at basic education can be done, through manifestation of interest of the federative entities with the FNDE, via Simec, within a period of up to 60 (sixty) days, from the date of publication of the concierge. Such deadline, however, may be extended by the FNDE, for the same period.