UNDERESTIMATED PRICE RESEARCH IN LAW 14,133/2021: THE IMPACTS OF FAILED BIDS AND UNFEASIBLE PROPOSALS ON THE BIDDER AND SOCIETY

Abstract

This research analyzes the impacts of underestimated price research on public procurement governed by Law No. 14.133/2021, focusing on the occurrence of unfeasible proposals, deserted tenders, and weakened administrative efficiency. The study starts from the understanding that the formation of the estimated budget plays a central role in the preparatory phase of the bidding process, directly influencing the competitiveness of the bidding, the selection of the most advantageous proposal, and the viability of future contract execution. The objective of the research was to investigate how methodological flaws in the collection and analysis of prices can compromise cost-effectiveness, legal certainty, and the continuity of public services. A qualitative methodology was used, of a bibliographic, documentary, and jurisprudential nature, based on the analysis of Law No. 14.133/2021, specialized doctrine, rulings of the Federal Court of Accounts, decisions of the State Courts of Accounts, and concrete administrative cases involving bidding procedures in the states of São Paulo and Rondônia. The results demonstrated that the use of price surveys incompatible with market reality favors the occurrence of undue disqualifications, reduces the competitiveness of bids, and increases the risks of contractual failure. It was also found that jurisprudence has consolidated the understanding that the unfeasibility of proposals has a relative presumption, requiring administrative due diligence for concrete verification of the bidder's capacity to execute the contract. It is concluded that the technical improvement of market research, the training of public agents, and the strengthening of administrative planning are indispensable measures to ensure more efficient, secure, and collectively compatible public procurement.