Law 14,133/2021, which establishes general rules for bidding and contracts for the Public Administration of the Union, States, Federal District and Municipalities, establishes that, based on documents formalizing demands, those responsible for contracting planning may prepare an annual contracting plan:
“Art. 12. In the bidding process, the following shall be observed:
I – the documents will be produced in writing, with the date and place of their creation and signature of those responsible;
II – the values, prices and costs used will have as their monetary expression the national currency, except as provided in art. 52 of this Law ;
III – failure to comply with merely formal requirements japan telegram data that do not compromise the assessment of the bidder's qualification or the understanding of the content of his/her proposal will not result in his/her exclusion from the bidding process or the invalidation of the process;
IV – proof of authenticity of a copy of a public or private document may be provided before an agent of the Administration, upon presentation of the original or a declaration of authenticity by a lawyer, under his/her personal responsibility;
V – notarization will only be required when there is doubt as to authenticity, unless required by law;
VI – the acts will preferably be digital, so as to allow them to be produced, communicated, stored and validated electronically;
VII – based on documents formalizing demands, the bodies responsible for planning in each federative entity may, in the form of regulations, prepare an annual contracting plan, with the aim of rationalizing the contracts of the bodies and entities under their jurisdiction, ensuring alignment with their strategic planning and supporting the preparation of the respective budget laws . (Regulation)
§ 1º The annual procurement plan referred to in item VII of the caput of this article must be disclosed and made available to the public on an official website and will be observed by the federative entity when carrying out bids and executing contracts.” (emphasis added)
By using the expression “may”, the rule then establishes only one faculty, from which it is concluded that, in view of what is prescribed in item VII of art. 12 of Law 14,133/2021, there is no obligation for the Administration to prepare annual contracting plans.
However, it should not be overlooked that the annual procurement plan is an indispensable instrument for planning the Administration's procurement – a type of planning, in fact, that was initially raised by the new Bidding and Contracting Law –, since it consolidates the procurements intended throughout the period and thus provides the best rationalization of the resources to be used, in line with the principles of effectiveness and economy, which also apply to those who use public funds.
It is as the doctrine points out:
“The macro planning of the administration, related to scientific administration, is also materialized in the annual hiring plan – PCA. This plan is another planning tool for the administration. A tool that provides a global and systemic vision of what is intended to be hired for the next year, thus enabling the adequate application of priority judgment, resulting from the institution's strategic planning.
(…)
The lack of planning during the public procurement process constitutes an annoying irregularity [1] , with the potential to significantly compromise the quality of the basic project, terms of reference and preliminary project that may be developed, and give rise to losses for the Administration.
(…)
Planning tends to provide efficient hiring and efficient hiring implies the realization of the fundamental right to good administration.
Furthermore. The planning of contracts is imposed on the administrator by the principle of unavailability of the public interest. Contracts cannot be contracted without planning: first, because the resources invested belong to society, and, second, because the interest to be served is the collective interest. Therefore, neither can the investment be made without criteria, nor can there be the risk of not serving the public interest effectively. It should be remembered that effectiveness and public interest were elevated to the status of principles by art. 5 of Law 14.133/2021.” [2]
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