Composing the Flow of the Preparatory Phase of Public Procurement According to the Current Legislation of Federal Law No. 14.133/2021 and 33/2021

Defining the Need and Object of the Procurement

The first step in the preparatory phase is to clearly define the need for the procurement. This involves understanding the specific requirements of the project, identifying the goods, services, or works that will be procured, and determining the scope of the procurement. The detailed description of the object should be comprehensive and avoid ambiguities. This involves:

• **Identifying the need:** This includes a thorough analysis of the need for the procurement, including the rationale, justification, and benefits of the project.
• **Defining the object:** This involves precisely describing the goods, services, or works to be acquired, specifying technical specifications, quantities, delivery timelines, and other relevant details.
• **Establishing the scope:** The scope of the procurement should be clearly defined, outlining the specific deliverables and the expected outcomes of the project.

Preparing the Procurement Process

Once the need and object are defined, the next step is to prepare the procurement process. This involves:

• **Choosing the procurement modality:** Selecting the most appropriate procurement modality is crucial, as different modalities have different requirements and procedures.
• **Establishing the criteria for evaluating proposals:** Defining clear criteria for evaluating proposals is essential for ensuring fairness and transparency in the procurement process. These criteria should be objective and quantifiable, allowing for the selection of the most advantageous offer.
• **Developing the procurement documents:** The procurement documents, including the bidding notice, specifications, contract terms, and other relevant documents, should be carefully prepared to ensure a smooth and transparent procurement process.

Legal Framework and Regulations

The preparatory phase is governed by the legal framework established by Federal Law No. 14.133/2021 and 33/2021. Understanding the specific requirements and obligations outlined in these laws is crucial for ensuring compliance throughout the procurement process. Key aspects of the legislation that must be considered during this phase include:

• **Transparency and Competition:** The law emphasizes the need for transparency and competition in public procurement, requiring the publication of procurement notices and ensuring that all potential bidders have equal access to information and opportunities.
• **Principle of Economy and Efficiency:** The legislation mandates the selection of the most economically advantageous offer while ensuring quality and compliance with technical specifications.
• **Sustainability and Social Responsibility:** The law promotes the incorporation of environmental and social considerations into the procurement process, encouraging the selection of bidders that demonstrate responsible practices.

Documentation and Legal Requirements

The preparatory phase requires the preparation of specific documents and the fulfillment of legal requirements, ensuring compliance with the legislation and promoting transparency and accountability. Some key documents that must be included in the procurement process include:

• **Procurement Notice:** The notice is a public announcement inviting potential bidders to participate in the procurement process. It should include details about the object of procurement, the procurement modality, the eligibility criteria, and the deadline for submitting proposals.
• **Technical Specifications:** The technical specifications detail the technical requirements of the goods, services, or works to be procured. These specifications must be clear, unambiguous, and measurable, allowing for a fair evaluation of proposals.
• **Contract Terms:** The contract terms define the rights and obligations of both parties, including the scope of work, payment terms, delivery deadlines, and dispute resolution mechanisms.

Planning and Execution of the Procurement

After defining the need, object, and preparing the procurement process, it is crucial to plan and execute the procurement effectively. This includes:

• **Timeline and Budget Planning:** Developing a realistic timeline for the procurement process and establishing a clear budget are essential for effective management.
• **Communication and Stakeholder Engagement:** Maintaining effective communication with potential bidders, ensuring they have access to all relevant information, and engaging with stakeholders throughout the process is crucial for a smooth procurement.
• **Risk Management:** Identifying potential risks and implementing mitigation strategies is crucial for ensuring the successful completion of the procurement process.

Conclusion

The preparatory phase of public procurement is a critical stage that lays the foundation for a successful and compliant procurement process. By meticulously defining the need and object, preparing the procurement process, adhering to the legal framework, and effectively planning and executing the procurement, public entities can ensure that their projects are delivered on time, within budget, and in compliance with the law.