The bidding documents as a strategic instrument in public contracting

Abstract

Inspired by Law No. 7021/2022, which enshrines the evolution of public procurement from a purely procedural approach to a comprehensive view of the supply chain, this proposal redefines the role of the Bidding Terms and Conditions (PBC), elevating it to the status of a strategic instrument with three essential functions. The PBC translates the public need in technical, economic and legal terms, presenting it clearly and precisely to the private sector and inviting it to bid; the PBC regulates the exchange between the parties and is the source of the contract, defining in advance the obligations and rights in the contractual relationship. This reflection on the PBC is especially relevant because the trend will be to incorporate value for money in procurement, including social, economic and environmental aspects in the evaluation, which represents an opportunity to implement public policies and generate an impact on the market and society.