Therefore, today the Public Procurement Portal has prepared special content to help you better understand the bidding phases.
Check out the text below and find out what the bidding phases are and how to prepare to sell to the government! Enjoy your reading!
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Bidding phases: Internal or preparatory phase
First of all, you need to understand that all bids are divided into two phases: the internal phase and the external phase.
With the arrival of the New Bidding and Contracts Law 14.133/21, the so-called phase inversion that occurred under Law 8.666/93 was made official, being a procedure to be followed in a legal and regulated manner.
In other words, the proposals will be judged first and then approved, as a way of speeding up the process and achieving greater efficiency.
In article 17 of the NLLC, we can find something interesting and of great importance to continue regarding the bidding phases, which is the electronic preference for bidding processes, being better to be used in this way.
Thus making the in-person format an exception with plausible justification according to the law.
The internal phase, also called the preparatory phase, is the stage of the bidding process in which all internal processes occur, such as the bidding proposal and the judgment of this proposal, the definition of the type of bidding to be used, the preparation of the notice, etc.
This is a phase in which those interested in selling to the government have no participation.
However, companies can take advantage of this phase by consuming retroactive public data, studying the market and, if necessary, qualifying the company for an internal phase as soon as a notice is released.
Just study the old tenders that are compatible with your business model and you will be 100% prepared to sell when the government opens a new tender.
The external phase is the stage in which the public authority launches the notice to the public and begins to accept applications from those interested in supplying the public authority.
And what does the law say?
What does the law say about the bidding phases?
Currently, the law that governs bidding in Brazil is Law No. 14,133/21, also called the New Bidding Law. It deals with the bidding phases in its Art. 17. Check it out:
Art. 17. The bidding process shall observe the following phases, in sequence: I - preparatory; II - publication of the bidding notice; III - presentation of proposals and bids, when applicable; IV - judgment; V - qualification; VI - appeal; VII - approval.
In other words, tenders are divided into a preparatory phase (or internal phase), a notice publication phase, a proposal and bid presentation phase, a judgment phase, a qualification phase, an appeal phase and an approval phase.
However, when we look deeper into this subject, it is possible to see that there are still other phases within this process.
Bidding phases: External Phase
Now that you know what the preparatory phase or internal phase is, it's time to learn more about the external phases of the bidding process.
Check out a little more about each of them below:
Announcement of the Notice
announcement of the notice
Remember that during the preparatory phase, civil servants prepare a notice? Then, when this notice becomes public and begins to be disseminated, the external phase begins.
You can always stay up to date with the latest tenders launched in your region by subscribing to our Tender Notice !
In addition to receiving personalized notifications 3 times a week, you will also have free access to some modalities, such as the waiver of bidding, for example.
Submission of proposals
In the proposal presentation phase, all interested parties register for the competition and present their proposals.
Depending on the bidding method described in the notice, bidders may need to go through a qualification phase before submitting their proposals, as in the case of competitive dialogue, for example.
However, in the case of electronic auctions, bidders submit their proposals mobile phone number database in advance and the qualification phase only takes place after the proposals have been judged and the winners announced.
Judgment and classification of proposals
The evaluation of proposals will depend on the type of bidding being carried out.
In the case of electronic auctions, for example, the decisive factor is the lowest price or the biggest discount, while in modalities such as competitive dialogue, other criteria may be taken into consideration.
It is worth highlighting those with the best technique or artistic content, technique and price or greatest economic return.
Always remembering that the classification criteria follow the principles established in Article 5 of the Bidding Law currently in force in Brazil. Check it out:
Art. 5 In the application of this Law, the principles of legality, impartiality, morality, publicity, efficiency, public interest, administrative probity, equality, planning, transparency, effectiveness, segregation of functions, motivation, binding to the public notice, objective judgment, legal certainty, reasonableness, competitiveness, proportionality, speed, economy and sustainable national development will be observed, as well as the provisions of Decree-Law No. 4,657, of September 4, 1942 (Law of Introduction to the Rules of Brazilian Law).
Qualification of bidders
Another necessary phase during bidding is the qualification of bidders. This occurs when the products or services contracted by the government have a more complex execution and require specific techniques.
Therefore, the public administration, through the notice, may require a series of certifications and documents from those interested in participating in the bidding processes, such as insurance guarantee, certificate of technical capacity, certificate of no debts, among others.
Check out what the Bidding Law currently in force in Brazil says on the subject:
Art. 37. The judgment by best technique or by technique and price must be carried out by: I - verification of the qualification and experience of the bidder, proven by means of the presentation of certificates of works, products or services previously performed; II - assignment of scores to qualitative questions by a panel designated for this purpose, in accordance with guidelines and limits defined in the notice, considering the demonstration of knowledge of the object, the methodology and the work program, the qualification of the technical teams and the list of products to be delivered; III - assignment of scores for the bidder's performance in previous contracts measured in the supporting documents referred to in § 3 of art. 88 of this Law and in a unified registration record available on the National Public Procurement Portal (PNCP).
It is also important to note that the qualification phase may occur at different times during the bidding process depending on the modality used by the public authority.
In the case of electronic bidding, for example, qualification only comes after the winners have been defined, while in competitive dialogue qualification must come first.
Appeal phase
The appeal phase is the moment in the bidding process in which bidders who did not win the bidding process can contest the decision if they do not agree with it.
The appeal is then judged and, if the decision is favorable to the bidder who filed the appeal, the winner of the contest is changed.
Otherwise, the winner remains the same.
Approval and Awarding
Finally, every bidding process goes through the approval and awarding phase. Approval is the act by which the entire bidding process is ratified and the acts are approved so that they can produce the necessary legal effects.
The award is the act by which the public administration assigns the object of the bidding to the winning bidder, when the public authority effectively makes the request.
It is up to the competent authority responsible for approval to verify whether the acts carried out are within the law and the convenience of contracting the object of the tender.
How to prepare for the bidding phases?
As you can see, there are many phases in the bidding process and they all serve to ensure that public purchases take place in the most efficient and transparent way possible.
Therefore, it is very important to prepare yourself to deal with all these phases of the bidding process. Check out some tips below to prepare for bidding:
Consume retroactive data
An important tip is that you consume retroactive data, that is, that you search publicly accessible data for bidding processes carried out to purchase products or contract services like those offered by your company.
This way, you will be able to follow all the notices and processes and learn about everything you need to be able to sell to the government.
By arriving prepared, you will help the government to speed up various processes, which, in turn, will make them consider buying from you again.
Study the market
study the market bidding phases
Another essential tip is to study the market you are in. This is important if you only have a company, but it is even more important if you want to sell to the government.
This is because you don't want to enter a bidding process like an electronic auction without knowing the price charged by the market.
If you do this you will likely make an offer at a price that may not be as competitive as another bidder.
So study the market, both to reduce the cost of your own production and to offer the best possible service to the public sector.
Qualify your company
As we have seen, several types of bidding require companies to be qualified before even participating in the processes.
Therefore, cut steps. Qualify your company even if you are only interested in selling through electronic auction.
In addition to being a way to make a good impression on the public buyer, you will also be able to participate in other processes and qualify for other sales.
When you register on the Public Procurement Portal, you receive a step-by-step guide to qualify your company for any type of bidding process.