THE NEW TENDERING LAW AND THE MAIN PROBLEMS FACED BY THE PUBLIC ADMINISTRATION

Abstract

The new Bidding Law, Law No. 14,133/2021, represents a comprehensive reform in the Brazilian bidding process, bringing with it several structural and procedural changes. One of the most obvious changes is the introduction of new bidding modalities, such as competitive dialogue, which allows interaction between the public administration and bidders to develop innovative solutions, and batch bidding, which allows the contracting of various items together, it promotes resource optimization and administrative efficiency. The new law also introduces the concept of integrated contracting, in which the contracting body defines only the desired results, with the bidder being responsible for preparing the basic or executive project. This aims to promote innovation and competitiveness, in addition to transferring part of the risk from the project to the contractor. Finally, the new legislation establishes more legislative provisions for companies that fail to comply with the rules of the bidding process, at the same time curbing fraudulent practices and guaranteeing fairness and transparency in public contracts.