Legal Basis: Performance of Consulting Firms, Advisors and Private Companies

The work of private consultancies, service companies, advisors and specialists in the public sector is supported by several laws in force in Brazil, such as:

• Federal Constitution (Art. 37) – establishes the principles of Public Administration: legality, impartiality, morality, publicity and efficiency;

• Law No. 14,133/2021 – New Law on Public Tenders and Contracts – allows direct contracts in several cases, use of technical consultancies, expressions of private interest (PMI), and encourages technical competition and innovation;

• Law No. 8,666/1993 – Old Public Tender Law – still in force in some contexts, allows the contracting of specialized technical services, such as consulting;

• Law No. 13,303/2016 – Law on State-Owned Companies – regulates contracts by public companies and mixed-capital companies, based on technical and legal criteria;

• Law No. 11,079/2004 – Public-Private Partnerships (PPP) Law – provides for the participation of private consultancies in the modeling and structuring of projects;

• Law No. 10,520/2002 – Electronic Auction Law – common method for contracting services and supplying goods by private companies;

• Decree No. 7,892/2013 – Price Registration System (Price Registration Minutes) – allows subsequent membership by other agencies, increasing the opportunities for suppliers;

• Legal Framework for Startups (Complementary Law No. 182/2021) – encourages the contracting of startups by public agencies through simplified processes;

Complementary Law No. 123/2006 – Statute of Micro and Small Businesses – guarantees differentiated treatment for MEIs, MEs and EPPs in public tenders;

Decree No. 8,538/2015 – regulates the prioritization of SMEs in public procurement;

Federal Ordinances and Programs for Direct Contracting of MEIs – such as the “Public Purchases for All” program and the federal government’s pilot project for direct contracting of MEIs, with exemption from bidding up to the legal limit of R$54,000/year (Art. 75, II, of Law No. 14,133/21).

Our Activities

• Based on these guidelines, WSA acts by:

• Presenting viable solutions to the government, with complete clarity on the legal mechanisms for contracting;

• Guiding companies interested in providing services to the public sector, but which do not have the technical or legal knowledge to enter into these processes;

• Supporting city halls, states and public institutions in the development and structuring of projects such as: credit recovery, securitization of active debt, payroll cards, PPPs in infrastructure and garbage plants, among others.

We work with ethics, legality and strategic intelligence, so that more serious and innovative companies can work in partnership with the public sector, promoting real solutions to the challenges of contemporary public management.