Atlas · Compliance
Enhanced guarantee limit for large-scale works, services, and supplies is up to 10%
AnswerFor complex, high-risk large-scale projects, the guarantee limit may be raised to 10% of the contract value.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Criterion | Guarantee Limit | Source | Data Date |
|---|---|---|---|---|
| Contractor in large-scale works, services, and supplies | High technical complexity and financial risks | Up to 10% of the contract value | Law No. 13.303/2016, art. 70, § 3º | 30/06/2016 |
Data consulted on 02/10/2026.
Basis
- Law No. 13.303/2016 (Planalto, in Portuguese): Art. 70, § 3º, establishes that for large-scale works, services, and supplies involving high technical complexity and financial risks, the guarantee limit (cash deposit, guarantee insurance, or bank surety) may be raised to up to 10% of the contract value.
How it applies
The rule applies to large-scale works, services, and supply contracts executed by public companies and mixed-economy corporations. The standard limit is 5% of the contract value, but this percentage may be raised to up to 10% when there is high technical complexity and financial risks, as defined in § 3 of Art. 70 of Law 13.303/2016.
Limits
- Raising the limit to 10% depends on the express justification that the object involves high technical complexity and financial risks, and is not automatic.
- The guarantee must be monetarily updated under the same conditions established in the contract (Art. 70, § 4º).
- This card covers only the enhanced percentage limit for large-scale works, services, and supplies under Law 13.303/2016; other regimes (such as Law 8.666/1993) may have different rules.
- Subsequent amendments to Law 13.303/2016 must be verified directly at the official source (Planalto).