WAIVER OF BIDDING IN THE NEW BIDDING LAW: A REFLECTION OF LACK OF PLANNING OR EFFICIENCY?

Abstract

This paper analyzes the bidding waiver provided for in Law No. 14.133/2021, discussing whether its use reflects a lack of planning or improves administrative efficiency. The objective is to understand how this direct contracting modality has been implemented and its impact on public management, considering aspects of legality, transparency, and efficiency. The research adopted a qualitative, exploratory, and descriptive approach, based on a literature review of legislation, doctrine, and scientific articles, as well as a comparative analysis between the former Law No. 8.666/1993 and the current Law No. 14.133/2021. The results show that raising the value limits and requiring disclosure on the National Public Procurement Portal increased the transparency and competitiveness of the process, bringing the electronic waiver closer to traditional bidding modalities. However, it was found that a lack of planning remains one of the main factors leading to the recurrent use of this modality, especially in repetitive and poorly structured procurement processes, which compromises the efficiency intended by the new legislation. The analysis concludes that the correct application of the bidding waiver depends on the public administrator's ability to adequately identify administrative needs, plan strategically, and adopt advantageous solutions, balancing cost, quality, and deadlines. Thus, the new law offers more modern and effective tools, but its effectiveness is directly linked to the ethics, competence, and responsibility of administrators in conducting public procurement.