ANALYSIS OF THE PRELIMINARY TECHNICAL STUDY IN PUBLIC PROCUREMENT UNDER LAW NO. 14,133/2021

Abstract

This article examines the Preliminary Technical Study (Estudo Técnico Preliminar—ETP) as a planning instrument for public procurement and its potential to prevent excessive costs under Law No. 14,133/2021. It aims to understand how the ETP influences procurement preparation and may help prevent expenses that are inconsistent with administrative needs. This qualitative study is based on bibliographic and documentary research, including an analysis of relevant legislation, legal scholarship, and documents and guidance issued by the Federal Court of Accounts (TCU). The findings indicate that identifying the need, comparing alternatives, justifying estimated quantities, and assessing costs provide support for selecting the appropriate solution. The analysis also shows that market assessment and price research serve complementary but distinct purposes and should be coordinated with other preparatory instruments. The study concludes that the ETP may help prevent inappropriate spending when its information is reliable and its conclusions inform administrative decisions; it does not guarantee automatic reductions in expenditure. Because costs in specific procurement processes were not measured, further empirical studies are recommended to examine the relationship between ETP quality and costs actually incurred.