O Que É Contrato De Escopo?

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QUESTÃO CERTA: Uma empresa contratada para executar uma obra pública atrasou injustificadamente o serviço, o que incorreu na aplicação das devidas penalidades contratuais. Ainda assim, o atraso não foi compensado: a obra não foi concluída na data prevista e o prazo de vigência do contrato está prestes a terminar. Mesmo nesse cenário, ainda há interesse público na conclusão da obra, que é considerada urgente e prioritária. Nessa situação hipotética, de acordo com a legislação pertinente, a decisão mais adequada a ser tomada pela administração pública, com a devida motivação, é: manter o contrato sem modificar o cronograma de execução da obra, mas ampliar o prazo de vigência contratual, por ser uma obra urgente e prioritária.

De acordo com o enunciado, esse é um “contrato de escopo”. O que interessa nesse tipo de contrato é o objeto (no caso, a obra) e não o prazo. Nesse caso, o prazo funciona mais como uma referência para fins da multa de mora do que para a execução do contrato em si.

O TCU se posicionou sobre o assunto no sentido de que o que importa no contrato de escopo é a entrega da obra. Ao mesmo tempo, o próprio TCU afirma que deve existir cobertura contratual na execução de obras. Por esse motivo, se o contrato esta para vencer, deve haver um aditivo contratual (prorrogação).

QUESTÃO ERRADA: A administração contratou, mediante licitação pública fundamentada na Lei n.º 8.666/1993, na modalidade concorrência, obra para a construção de um cais em cortinas de estacas pranchas. A primeira colocada no certame se recusou a assinar o contrato, alegando ser suficiente uma carta-contrato ou uma nota de empenho da despesa. A administração convocou então a segunda colocada, que aceitou os termos do contrato e o assinou. O contrato previa a execução do serviço em doze meses. Ao fim do período contratual, houve intensa negociação acerca de termo de aditamento, que foi assinado um mês após o término do período de vigência contratual. Além do acréscimo de prazo, foram agregados novos quantitativos ao contrato. A obra teve continuidade, sendo concluída dentro do período previsto no termo aditivo. Com referência a essa situação hipotética, julgue o item subsecutivo. No referido caso, como se trata de um contrato de escopo, em que o objeto é a realização de benfeitoria, o aditamento de prazo não é necessário.

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Nos contratos de escopo, o exaurimento do prazo de vigência não gera a sua extinção, mas constitui a mora do contratante, de modo que, se a alteração do objeto implica em aumento do prazo de conclusão, é necessário promover a prorrogação.

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