IntroductionIn the previous two lessons, we covered the standard public procurement process: procurement methods, stages, direct contracting, bidder qualification and contracts. This lesson looks at three tools that changed how the government buys goods and services: the price registration system, which allows an agency to hold one tender and make multiple purchases; the pregão, now the country's most widely used procurement method; and public-private partnerships, which bring private investment into long-term public works and services.First, a word about where those purchases take place.SISG, SIASG and Compras.gov.brThe modernization of federal procurement began with Decree 1.094/1994, which established the Sistema de Serviços Gerais (SISG). It organizes the management of public buildings and official residences, supplies, transportation, administrative communications and records. SIASG is the computer system that supports those activities, allowing General Services Administrative Units (UASG) across the country to record tenders, contracts and purchases in real time. SIASG's public-facing portal for suppliers and buyers is Compras.gov.br, formerly Comprasnet. It hosts electronic pregão tenders and electronic direct-award procedures, as well as registration with SICAF.Since Law 14.133/2021, all procurement by the federal government, states, the Federal District and municipalities must also be published on the Portal Nacional de Contratações Públicas (PNCP). The portal brings together procurement plans, tender notices, price registration agreements and contracts (art. 174).Price registration systemThe price registration system (SRP) is a set of procedures for formally recording prices for goods and services to be purchased under future contracts (art. 6º, item XLV, of Law 14.133). Instead of holding a tender every time it needs paper, an agency holds one tender, records the winning price in a price registration agreement and buys what it needs over the agreement's term.The key advantage is that a registered price does not oblige the government to buy. The agreement binds the supplier to provide goods or services at the registered price, but the agency enters into contracts only when it needs them, and only for the quantities it needs (art. 83). The SRP is governed by arts. 82 to 86 of Law 14.133 and, at the federal level, by Decree 11.462/2023.How price registration works: managing agency, participating agencies, agreement, contracts and later accessions.Who takes partManaging agency: conducts the tender and manages the agreement.Participating agencies: join from the outset, stating the quantities they need through the price registration notice of intent (IRP), which remains open for at least 8 business days (art. 86 of the Law and art. 9º of the decree). Pooling demand increases purchasing power and can secure better prices.Non-participating agencies: did not join at the outset but later ask to use the agreement. This is known as accession or, in procurement jargon, a carona.When to use itUnder art. 3º of Decree 11.462/2023, the SRP may be used when the government considers it appropriate, particularly:when the goods or services call for ongoing or frequent purchases;when staggered deliveries or services paid for by unit of measure are more practical;when it makes sense to serve more than one agency or entity, including through centralized purchasing;when it will support the decentralized implementation of a federal program or project;when the exact quantity needed cannot be determined in advance.It may also be used for construction and engineering services if there is a standardized design, the work presents no technical or operational complexity, and the need is ongoing or frequent (art. 85 of the Law). It can also be used for direct contracting, whether through an exemption from tendering or a case in which competition is not feasible (art. 82, § 6º).Key featuresThe tender uses a pregão or concorrência, with the lowest price or largest discount as the award criterion.The parties sign a price registration agreement, which commits the supplier to future contracts but is not itself a contract. Contracts (or budget commitment notes and purchase authorizations) follow as needs arise.The agreement is valid for 1 year from the first business day after its publication on the PNCP and may be extended for an equal period if the price remains advantageous (art. 84 of the Law and art. 22 of the decree).The quantities recorded in the agreement cannot be increased (art. 23 of the decree).There may be a reserve list of bidders willing to supply at the winning price. They can be called on if the winner does not sign the agreement or its registration is canceled.Under the previous rules: Decree 7.892/2013, which regulated the SRP under Law 8.666, limited agreements to 12 months, including any extensions. They can now last up to 2 years (1 year plus a 1-year extension).Later accessions (carona) and their limitsA non-participating agency may use an agreement only if it explains why doing so is advantageous, shows that the registered prices are in line with market prices, and obtains the consent of both the managing agency and the supplier. The supplier is not required to agree (art. 86, § 2º). Two limits also apply (art. 86, §§ 4º and 5º):each non-participating agency may contract for up to 50% of the quantity of each item registered in the agreement;all accessions combined may not exceed twice the registered quantity of each item, regardless of how many agencies join.There is also a restriction between levels of government: federal agencies cannot join agreements established by states, the Federal District or municipalities (art. 86, § 8º). Municipal agencies may join agreements established by other municipalities only if those agreements resulted from a tender (§ 3º).Aims and advantagesReduce the number of tenders and speed up contracting.Buy only when needed, creating a virtual storeroom: the supplier holds the stock, while the agency cuts storage costs and the risk of obsolescence (remember the costs of holding inventory).Commit budget funds only when each purchase is authorized, rather than at the tender stage.Gain purchasing power by pooling demand from multiple agencies.A managing agency has registered 1,000 reams of paper in an agreement. A non-participating agency asks to join for 600 reams. What does Law 14.133 allow?Answer: It may join for no more than 500 reams because each accession is limited to 50% of the registered quantity — 50% × 1,000 = 500 (art. 86, § 4º). The twice-registered-quantity limit (2,000) applies to all accessions combined, not to each one. Confusing these two limits is the most common mistake.A hospital buys gauze every month, but usage varies considerably with the number of surgeries, and it does not know how much it will need over the year. What is the main advantage of price registration in this case?Answer: It lets the hospital contract only for the quantities it actually needs, when it needs them, without having to buy the full registered amount — the agreement binds the supplier, not the government. The SRP does not eliminate the tender (one is held, using a pregão or concorrência), and the agreement lasts 1 year, with a possible 1-year extension.PregãoUnder the previous rules: the pregão was introduced for the federal government by Provisional Measure 2.026 in 2000 and extended to states, the Federal District and municipalities by Law 10.520/2002. In-person pregão tenders were regulated by Decree 3.555/2000; electronic tenders were regulated by Decree 5.450/2005, later replaced by Decree 10.024/2019. Under Law 14.133, Law 10.520 was repealed on 30/12/2023, and the pregão became one of the procurement methods covered by the general law.Today, the pregão is the mandatory method for buying standard goods and services, using the lowest price or largest discount as the award criterion, regardless of the contract's estimated value (art. 6º, item XLI). Standard goods and services are those whose performance and quality requirements can be objectively defined in the tender notice using customary market specifications (art. 6º, item XIII). The aim is to make procurement more transparent and efficient while reducing costs for the government and suppliers.When a pregão cannot be usedSpecialized technical services that are primarily intellectual in nature (designs, consulting, expert opinions).Construction and engineering services, except standard engineering services (art. 29, sole paragraph), such as routine building maintenance.Specialized goods and services, which require a concorrência.Disposals of public assets in general, which require an auction.Under the previous rules: Law 10.520 did not address engineering services. The issue was debated for years until Decree 10.024/2019 allowed the pregão for standard engineering services. Law 14.133 made that rule part of the law itself.How it worksThe pregão follows the standard procedure in art. 17 (lesson 17) and is conducted by a pregoeiro with a support team. In practice:The tender notice is published on the PNCP. Bidders have at least 8 business days to submit bids for goods and 10 business days for standard services (art. 55).Bidders submit proposals and then compete through successive, lower bids in a public session. If the gap between the lowest and second-lowest bids is at least 5%, bidding among the other participants may reopen to determine the remaining rankings (art. 56, § 4º).The pregoeiro checks whether the top-ranked proposal is acceptable and may negotiate a better price (art. 61).Only then are qualification documents reviewed, starting with those of the top-ranked bidder. If that bidder does not qualify, the next is considered, and so on.A single appeals stage (3 business days) is followed by final approval.The electronic format is preferred. An in-person pregão requires justification, and the session must be recorded in audio and video (art. 17, § 2º). At the federal level, electronic pregão tenders follow SEGES Normative Instruction 73/2022.Pregão and concorrênciaThe instructor used to compare the pregão with the tomada de preços. Since the tomada de preços has been abolished, the useful comparison today is with the concorrência:PregãoConcorrênciaStandard goods and services, including standard engineering servicesSpecialized goods and services, construction and engineering servicesLowest price or largest discount onlyLowest price, largest discount, best technical proposal or artistic content, technical merit and price, or greatest economic returnShorter deadlines (8 to 10 business days)Longer deadlines when the purchase is specialized or the award criterion involves technical merit (25 to 60 business days)Conducted by the pregoeiroConducted by a procurement officer or a committee of at least 3 membersBoth: the same procedure under art. 17, no value limit, no advance-registration requirement and, as a rule, qualification reviewed after proposals are evaluatedWhich of these contracts CANNOT be awarded through a pregão under Law 14.133?Answer: Construction of a regional hospital — construction work cannot be tendered through a pregão (art. 29, sole paragraph); it requires a concorrência. The laptops' high price does not matter because the pregão has no value limit, and standard engineering services are precisely the exception for which a pregão is allowed.Public-private partnershipsA public-private partnership (PPP) is an administrative concession contract under which a private partner invests in, builds or operates a project and receives payment, in whole or in part, from the government over many years. PPPs are governed by Law 11.079/2004 and take two forms (art. 2º):Sponsored concession: a concession for a public service or public works project (Law 8.987/1995) in which the public partner pays the private partner a contractual payment in addition to the fees charged to users. A typical example is a metro line whose fares do not cover its costs, with the government making up the difference.Administrative concession: a service contract in which the public administration itself is the direct or indirect user, even if the contract also involves construction or the supply and installation of equipment. Typical examples include building and operating a prison, a school or a public lighting network.A standard concession is not a PPP: the concessionaire is paid solely through user fees, with no payment from the government. Many toll roads operate this way.What Cannot Be a PPPA PPP is prohibited (art. 2º, § 4º) if:the contract value is less than R$ 10 milhões;the service period is less than 5 years;its sole purpose is to supply labor, supply and install equipment, or carry out public works.Previous rule: the original minimum contract value was R$ 20 milhões. Law 13.529/2017 lowered it to R$ 10 milhões, making PPPs available to smaller municipalities. Many study guides still give the R$ 20 milhões figure.Contract Guidelines and TermsPPP contracts must follow a set of guidelines (art. 4º): efficiency in carrying out the state's responsibilities and using public resources; respect for the interests of users and private partners; a prohibition on delegating regulatory, judicial, policing and other functions reserved for the state; fiscal responsibility; transparency; objective allocation of risks; and the project's financial sustainability and socioeconomic benefits.Mandatory contract terms (art. 5º) include:a term long enough to recover the investment, between 5 and 35 years, including any extension;penalties for both the public administration and the private partner, proportionate to the seriousness of a breach;the allocation of risks, including unforeseen events, force majeure, acts of government and extraordinary economic risks;payment arrangements and how amounts will be adjusted;objective criteria for assessing the private partner's performance (the contract may tie part of its payment to that performance, art. 6º, § 1º);performance guarantees provided by the private partner, the circumstances that constitute a default by the public partner and how the guarantee can be called upon;sharing with the public administration any financial gains the private partner makes from a reduction in the credit risk of its financing;inspection of assets that will revert to the government, with the option to withhold payments to remedy irregularities.Before the contract is signed, a special-purpose entity (SPE) must be established to implement and manage the partnership (art. 9º). Contractual adjustments based on indices and formulas take effect without formal approval unless the public administration publishes substantiated reasons for rejecting an adjustment within 15 days of receiving the invoice (art. 5º, § 1º).PPP ProcurementA PPP must be awarded through competitive bidding or competitive dialogue (art. 10, as amended by Law 14.133/2021). Previous rule: the original wording allowed only competitive bidding. The 2021 law added competitive dialogue, which is useful when the government has yet to determine the best technical solution for a project.Launching the procurement process requires authorization from the competent authority, backed by a technical study showing why the contract is appropriate and timely. Other requirements include an estimate of its budgetary and financial impact for the years it will be in force; at least 30 days of public consultation on the draft notice and contract; and, where the project requires one, a preliminary environmental license (art. 10). The notice may provide for reversing the order of the stages, evaluating bids before checking the leading bidder's qualifications, as in a reverse auction (art. 13). At the federal level, a PPP management body established by decree, with representatives from the Ministry of Planning (which coordinates it), the Ministry of Finance and the Office of the Chief of Staff, identifies priority services, authorizes procurement processes, approves notices and monitors contract performance (art. 14).Spending LimitsBecause PPPs commit public budgets for decades, the law sets limits tied to net current revenue (RCL):The federal government may enter into a PPP only if continuing expenditure on existing partnerships did not exceed 1% of RCL in the previous year and annual expenditure under contracts in force will not exceed 1% of projected RCL in any of the following 10 years (art. 22).States, the Federal District and municipalities whose spending exceeds 5% of RCL in the previous year or any of the following 10 years lose access to federal guarantees and voluntary transfers (art. 28). The original limit was 1%; it rose to 3% in 2009 and to 5% under Law 12.766/2012.A municipality with net current revenue of R$ 300 milhões a year wants to enter into a public lighting PPP. To keep receiving federal guarantees and voluntary transfers, what is the annual cap on its total continuing expenditure across all its PPPs?Answer: R$ 15 milhões — art. 28 of Law 11.079 sets the limit for states, the Federal District and municipalities at 5% of RCL: 5% × 300 milhões = 15 milhões. R$ 3 milhões is 1%, the federal government's limit (art. 22), while R$ 10 milhões is the minimum value of a PPP contract, a separate rule.ReferencesBRASIL. Law nº 14.133 of 1º April 2021. Public Procurement and Administrative Contracts Law.BRASIL. Decree nº 11.462 of 31 March 2023. Regulates the price registration system.BRASIL. Law nº 11.079 of 30 December 2004. Public-private partnerships.SEGES/ME. Normative Instruction nº 73 of 30 September 2022 (electronic bidding based on the lowest price or largest discount).ENAP. Procurement in Public Administration. Course materials by professor Antonieta, 2005 (the basis for the original lessons, written under Law 8.666 and Law 10.520).ExercisesEasy1) When is it preferable to use the price registration system? Give an example from your daily life or work.2) Explain the difference between a participating agency and a nonparticipating agency, and the two limits on joining an existing agreement.3) What are the advantages of a reverse auction? When can it not be used?4) What are PPPs? Distinguish between a sponsored concession, an administrative concession and a standard concession, giving an example of each.5) What are the advantages and disadvantages of PPPs for the government? Consider duration, risk and budget commitments.6) A municipality has net current revenue of R$ 80 milhões. What is the annual cap on continuing expenditure across all its PPPs if it wants to keep receiving federal guarantees and voluntary transfers?Hard7) A price registration agreement covers 2.000 chairs (the combined quantities of the managing agency and participating agencies). Five nonparticipating agencies then request to join, in this order: A, 900 chairs; B, 1.000; C, 1.200; D, 1.500; E, 800. The managing agency and supplier accept all requests to the extent the law allows.a) What is the maximum each agency may purchase by joining?b) What is the maximum for all agencies joining combined?c) How many chairs does each agency receive if the requests are handled in order?8) For each project, say whether it can be a PPP and, if so, which type:a) construction of a hospital and operation of nonclinical services (laundry, maintenance, meals) for 20 years, paid for by the state, with a value of R$ 450 milhões;b) management of a prison for 4 years, with a value of R$ 30 milhões;c) supply and installation of 5.000 LED streetlights for R$ 12 milhões, without operation or maintenance;d) a light-rail line for 30 years, paid for through passenger fares plus an annual municipal payment;e) a highway for 30 years, paid for solely through tolls;f) public lighting in a small town for 10 years, with a total value of R$ 9 milhões.9) A state has net current revenue of R$ 40 bilhões and already spends R$ 1,6 bilhão a year on payments under existing PPPs. It is considering a new PPP with payments of R$ 450 milhões a year. Assume revenue remains constant over the next 10 years.a) What is the cap under art. 28 of Law 11.079, in reais?b) With the new PPP, what percentage of revenue would be committed? What would happen?c) What is the largest annual payment the new PPP could require without exceeding the limit?d) If the same calculation applied to the federal government, what percentage would be used?10) For each procurement, identify the procedure and the minimum period between publication of the notice and submission of bids (art. 55 of Law 14.133):a) purchase of 500 standard-configuration laptops, based on the lowest price;b) campus cleaning services, based on the lowest price;c) an architectural design for a museum, evaluated on technical merit and price;d) a specialized engineering service, based on the lowest price;e) sale of 40 used vehicles, awarded to the highest bidder.11) A hospital uses about 1.000 packs of gauze a month at R$ 4,00 per pack, but consumption varies. It compares two ways of purchasing its annual supply: (I) a standard procurement with a single delivery of 12.000 packs; (II) a price registration agreement, purchasing 1.000 packs a month. The annual cost of holding inventory is 25% of the value of average stock (see the lesson on inventory costs).a) What is the annual inventory-holding cost under each approach?b) If consumption for the year is only 9.000 packs, how much unused stock remains under each approach, in reais?c) What feature of the price registration agreement explains the difference in (b)?Answer Key1) When purchases are frequent, quantities are uncertain, deliveries need to be spread over time or several agencies can combine their requirements (art. 3º of Decree 11.462/2023). Examples include office paper and toner, hospital medicines, fuel for a vehicle fleet and food for school meals.2) A participating agency joins from the outset, submits its quantities when the price registration process is initiated, and has those quantities included in the procurement. A nonparticipating agency joins later. Limits: each agency joining later may purchase up to 50% of the registered quantity of each item, and all such purchases combined may not exceed twice the registered quantity (art. 86, §§ 4º and 5º).3) Advantages: speed (deadlines of 8 to 10 business days), competitive bids that drive down prices, negotiation by the auction officer, qualification checks only for the winning bidder, an electronic and transparent process, and no contract-value limit. It cannot be used for specialized technical services of a predominantly intellectual nature, nonroutine engineering works and services, specialized goods and services, or asset sales.4) A PPP is a long-term concession contract in which the private partner invests and operates the project and is paid in whole or in part by the government (Law 11.079/2004). Sponsored concession: user fees plus a government payment (a metro line). Administrative concession: the public administration itself is the user and pays the full cost (a prison or school). Standard concession: user fees only, with no government payment, so it is not a PPP (a toll road).5) Advantages: a completed project without an upfront government outlay, access to private-sector efficiency and capital, performance-linked payments and risk-sharing. Disadvantages: budget commitments lasting up to 35 years, complex contracts that are costly to structure, and the risk that the public administration lacks the capacity to oversee them. These concerns explain the spending limits tied to net current revenue.6) States, the Federal District and municipalities have a limit of 5% of RCL (art. 28 of Law 11.079): 5% × 80.000.000 = R$ 4.000.000 per year.7) a) 50% of the registered quantity (art. 86, § 4º): 50% × 2.000 = 1.000 chairs per agency.b) Twice the registered quantity (§ 5º): 2 × 2.000 = 4.000 chairs.c) A: 900 (total 900). B: 1.000 (total 1.900). C: requested 1.200, capped at 1.000 (total 2.900). D: requested 1.500, capped at 1.000 (total 3.900). E: requested 800, but only 4.000 − 3.900 = 100 remain, so it can receive just 100 (total 4.000).8) a) Yes, an administrative concession: the state uses the services and pays the contractor; the value and term meet the minimum requirements.b) No: the term is less than 5 years (art. 2º, § 4º, II).c) No: the contract covers only the supply and installation of equipment (art. 2º, § 4º, III).d) Yes, a sponsored concession: the contractor receives both user fees and public payments.e) It is not a PPP: it is a standard concession funded solely by user fees (Lei 8.987/1995).f) No: the value is less than R$ 10 million (art. 2º, § 4º, I).9) a) 5% × 40 billion = R$ 2 billion per year.b) (1,6 + 0,45) ÷ 40 = 2,05 ÷ 40 = 5,125%. This exceeds 5%, and the state would lose access to guarantees and voluntary transfers from the Union (art. 28).c) 2,0 − 1,6 = R$ 400 million per year.d) 1% of RCL (art. 22), which is a contracting requirement for the Union.10) a) Reverse auction (standard goods); lowest-price criterion for goods: 8 business days (art. 55, I, a).b) Reverse auction (standard service); lowest-price criterion for standard services: 10 business days (art. 55, II, a).c) Competitive bidding (intellectual technical service, evaluated on technical merit and price): 35 business days (art. 55, IV).d) Competitive bidding (specialized engineering services are not eligible for a reverse auction): 25 business days (art. 55, II, b).e) Auction (disposal of assets): highest bid, 15 business days (art. 55, III).11) a) Average inventory = quantity purchased per order ÷ 2. (I): 12.000 ÷ 2 × 4,00 = R$ 24.000; carrying cost of 25% × 24.000 = R$ 6.000 per year. (II): 1.000 ÷ 2 × 4,00 = R$ 2.000; carrying cost of 25% × 2.000 = R$ 500 per year. The difference is R$ 5.500.b) (I): 12.000 − 9.000 = 3.000 packages are left over, leaving 3.000 × 4,00 = R$ 12.000 tied up in unused stock. (II): the hospital buys only 9.000, leaving nothing unused.c) The price registration agreement binds the supplier, not the Administration: having a registered price does not require the agency to buy (art. 83), so it contracts only for what it actually uses.
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