O estudo técnico preliminar (ETP) na nova lei de licitações: análise no âmbito da Secretaria de Estado de Planejamento e Gestão do estado de Minas Gerais

Abstract

As a result of the publication of the New Law on Bidding and Contracts (NLLC) on April 1, 2021, several regulations appear to complement and support the new rules for bidding and contracts at the municipal and state levels. One of the main characteristics of the NLLC is the greater emphasis given to the planning phase, in this sense, the figure of the Preliminary Technical Study (ETP) appears more frequently during the text of the Law, an instrument that will guide the contracting as a whole. This article aims to bring out the main important points about this institute, and reflections on how it can help the bidding procedure and, consequently, bring greater success to hiring. In addition, the study raises questions if, in fact, this instrument produces advantages for the Public Administration or if it only increases the bureaucracy in public bids. As a concrete fact in the elaboration of the Preliminary Technical Study, the case of Minas Gerais is explored, through Resolution nº 115, published in December 2021, which deals with the mandatory and optional points of the ETP, as well as the guidelines for its elaboration within the scope of state.