EFFICIENCY AND SUSTAINABILITY IN PUBLIC PROCUREMENT: THE ROLE OF TECHNICAL AND PRICE CRITERIA IN ENVIRONMENTAL PROJECTS

Abstract

The objective is to analyze the relationship between administrative efficiency and sustainability in public procurement for complex environmental projects, focusing on the criteria of technical merit and price set forth in Law No. 14,133/21. The research examines the specificities of environmental contracts, characterized by a high degree of technical complexity and medium- and long-term impacts, as well as the limits of the lowest price criterion in promoting the public interest. It is argued that the technical and price criteria, when applied in a duly justified manner and with objective evaluation parameters, can contribute to the selection of more efficient and sustainable proposals, ensuring better cost-benefit ratios and reducing environmental risks. The study also analyzes the risks associated with subjectivity and restricted competitiveness resulting from the inappropriate application of the criterion, highlighting the need for administrative and external control. It concludes that the technical and price criteria constitute a legally viable instrument for promoting efficiency and sustainability in environmental public procurement, provided that their legal limits and the principles of equality, transparency, and justification of administrative acts are observed.