Gabriela de Ávila Machado
Lawyer at Marcos Martins Advogados
On May 22, 2020, Normative Instruction (IN) No. 40 of the Ministry of Economy was published, which provides for the preparation of Preliminary Technical Studies – ETP as a requirement for the acquisition of certain goods, services and works by the Federal Public Administration. The ETP must demonstrate the “technical, socio-economic and environmental viability of the future bidding process.”
These ETPs will have to be carried out from July through the ETP Digital System. Use of the tool will allow data to be shared between agencies, as well as consultation of the ETPs by other agencies that have common needs.
Article 7 of the IN sets out the mandatory information that must be included in the ETP, including: a description of the problem and the necessary and sufficient requirements for choosing the solution; a description of the solution as a whole; estimates of quantities and values; intended results; possible environmental impacts and respective treatment measures; and a conclusive position on the viability and reasonableness of the contract.
The measure will also benefit states and municipalities, which will be able to request access to the system in order to use information from the planning carried out by federal agencies.
