Competitive dialogue modality and contracting complex and innovative services for public administration

Abstract

Law N. 14,133/2021 creates competitive dialogue as a new form of bidding in order to bring greater effectiveness to processes aimed at complex and innovative contracting. However, Law No. 8.666/93, provides in its list of modality the auction instituted by Law No. 10.520/2002 and destined to the contracting of common goods and services, however this was used for the acquisition of complex goods and services. In this way, we ask about the effectiveness of the auction for the contracting of complex services, as well as, if the competitive dialogue actually brought benefits. The present article has the general objective to analyze whether there was a distortion of the trading session in the use of complex contracts, and to examine the emergence of competitive dialogue as a suitable means for such bids. To do so, it will have as a specific objective to analyze the difficulty in complex hiring through the trading session. As well as in the second moment, approach the new bidding law and with it the emergence of competitive dialogue. Finally, to evaluate the modality of the competitive dialogue, in order to know if it really emerged as a suitable means for the best solution in the contracting of services or public goods. As a result of the present study, it was concluded that the competitive dialogue brought to the Public Administration innovative solutions, flexibility, transparency of the procedural rite, as well as greater legal certainty. The research used the deductive method and the bibliographic research technique in primary and secondary sources, based on legislation, doctrines, jurisprudence and scientific articles.