The new Bidding Law: understanding what really changes

The Law on Tenders is a fundamental pillar of the Brazilian Public Administration, as it constitutes an essential mechanism to guarantee efficiency, transparency and legality in the procurement of goods and services by the State. Tendering represents a formal process in which public bodies select the most advantageous proposal for the administration, through a competition between potential suppliers.

This practice, although often complex and bureaucratic, is essential for the proper functioning of the State and the efficient use of public resources. By allowing competition between companies interested in providing products or services to the Government, tenders help obtain better commercial conditions, thus guaranteeing a better cost-benefit ratio for society as a whole.

However, over the years, the tender system in Brazil has come under criticism due to its complexity, slowness and, in some cases, lack of transparency. This has led to the urgent need for reforms and updates to current legislation, in order to modernize and make public procurement processes more efficient.

The promulgation of Law no. 14.133/2021, known as the new Tender Law, represents a significant milestone in the public procurement scenario in Brazil. Proposed with the aim of modernizing, simplifying and making tender processes more transparent and efficient, this regulation replaces and unifies the old laws 8.666/1993 (General law on offers), 10.520/2002 (Law on auctions) and 12.462/2011 (Differentiated contractual regime). .

Main changes and impacts

Among the main changes brought by the new law stand out the creation of new tender methods, such as competitive dialogue and integrated bargaining, and the definition of clearer criteria for evaluating proposals. Furthermore, for all tenders the reversal of the qualification and judging phases is envisaged, with the aim of increasing the efficiency and speed of the processes.

To increase transparency, the new legislation makes the use of the electronic system mandatory in tenders and expands the cases of exemption from tenders, as well as establishing the National Public Procurement Portal. These measures aim to ensure a more transparent and accessible environment for all those interested in participating in the tender procedures.

Challenges and prospects

However, implementing the new law is not without challenges. The need to train public employees, the adaptation of electronic systems and the resistance to change by some sectors are some of the obstacles that could arise. Overcoming these challenges will require investments in training, technology and ongoing dialogue with the various stakeholders involved.

The possible economic and social consequences of the new procurement law are broad and varied. On the one hand, an increase in competitiveness, an improvement in the quality of public services and a stimulus to sustainable development are expected, since the legislation provides for the consideration of criteria linked to sustainability and social responsibility in procurement.

On the other hand, there is a risk of a possible increase in award costs, since bidding companies will have to adapt to the new rules and invest accordingly. Therefore, it is essential to closely monitor the economic and social consequences of the new law and make the necessary changes to ensure that its objectives are achieved in an effective and balanced way.

The new tender law represents an important step towards the modernization and transparency of public procurement processes in Brazil. Although it brings with it challenges and uncertainties, its changes have the potential to foster a more competitive, efficient and responsible environment, benefiting both the public and private sectors and, consequently, society as a whole.

Success in implementing this legislation will depend on the commitment of all parties involved to work together to overcome the challenges and achieve the set goals.

Source: Terra

Rose

Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.