The Adoption of the Preliminary Technical Study in the Contracting of Entities of the S System in Light of the Understan
Posted: Wed Feb 19, 2025 5:20 am
Law No. 14,133/2021, the new Public Procurement and Contracts Law, introduced significant changes to public procurement, reinforcing the need for careful planning and the adoption of practices that ensure greater transparency and efficiency in bidding processes. One of the main instruments introduced by this legislation is the Preliminary Technical Study (ETP), which aims to provide a thorough and well-founded analysis before contracting is carried out. This analysis ensures that resources are used efficiently and that the needs of the public administration are effectively met.
As defined by article 6, item XX, of Law 14,133, the ETP is the “constitutive document of the first stage of planning a contract, which characterizes the public interest involved and its best solution, and japan telegram data provides the basis for the preliminary project, the terms of reference or the basic project to be prepared if the contract is concluded to be viable”
It is worth noting that the mandatory ETP is not a new feature introduced by Law 14,133, since Decree No. 10,024/2019, in its article 3, item IV [1] , already provided for this document. In addition, Normative Instruction 40/2020 of the Ministry of Economy [2] also addressed the need for a preliminary study in contracting processes.
Law 14,133 requires a restructuring of the organization of the purchasing departments of public administration entities and the implementation of governance mechanisms in public procurement. It introduced 14 new principles that must be observed by managers during the procurement processes, with emphasis on the principles of planning and segregation of functions. Elevating planning to the level of a principle reflects the legislator's concern with the preparatory phase of procurement, highlighting the importance of the ETP as a fundamental instrument to ensure the efficiency and effectiveness of the processes.
In the context of entities of the S System, although they are not required to follow the provisions of Law 14,133, since they have their own regulations, these entities must be attentive to good practices that promote transparency and efficiency. This article discusses the importance of the ETP in the contracting of entities of the S System, based on the case law understanding of the Federal Court of Auditors (TCU), with emphasis on Ruling 6192/2020 – 1st Chamber.
The Preliminary Technical Study and its Relevance in Law 14.133/2021
The ETP is a document that precedes the preparation of the Basic Project or Terms of Reference and aims to ensure that the contracting needs are adequately justified and substantiated. According to Law 14,133/2021, the ETP must include a detailed description of the demand, technical feasibility analysis, market study, definition of possible solutions and assessment of the risks involved. This allows the administration to identify, from the beginning, the best alternatives to meet its needs, avoiding waste and failures in the contracting process.
As defined by article 6, item XX, of Law 14,133, the ETP is the “constitutive document of the first stage of planning a contract, which characterizes the public interest involved and its best solution, and japan telegram data provides the basis for the preliminary project, the terms of reference or the basic project to be prepared if the contract is concluded to be viable”
It is worth noting that the mandatory ETP is not a new feature introduced by Law 14,133, since Decree No. 10,024/2019, in its article 3, item IV [1] , already provided for this document. In addition, Normative Instruction 40/2020 of the Ministry of Economy [2] also addressed the need for a preliminary study in contracting processes.
Law 14,133 requires a restructuring of the organization of the purchasing departments of public administration entities and the implementation of governance mechanisms in public procurement. It introduced 14 new principles that must be observed by managers during the procurement processes, with emphasis on the principles of planning and segregation of functions. Elevating planning to the level of a principle reflects the legislator's concern with the preparatory phase of procurement, highlighting the importance of the ETP as a fundamental instrument to ensure the efficiency and effectiveness of the processes.
In the context of entities of the S System, although they are not required to follow the provisions of Law 14,133, since they have their own regulations, these entities must be attentive to good practices that promote transparency and efficiency. This article discusses the importance of the ETP in the contracting of entities of the S System, based on the case law understanding of the Federal Court of Auditors (TCU), with emphasis on Ruling 6192/2020 – 1st Chamber.
The Preliminary Technical Study and its Relevance in Law 14.133/2021
The ETP is a document that precedes the preparation of the Basic Project or Terms of Reference and aims to ensure that the contracting needs are adequately justified and substantiated. According to Law 14,133/2021, the ETP must include a detailed description of the demand, technical feasibility analysis, market study, definition of possible solutions and assessment of the risks involved. This allows the administration to identify, from the beginning, the best alternatives to meet its needs, avoiding waste and failures in the contracting process.