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How is the choice of the contracting procedure justified?

Basic Concepts

Ok, let's take a more human and less "instruction manual", because, let's be honest, nobody speaks like this in real life. Here is my version:

Choosing how something will be hired in the public sector is not exactly to throw a dice and that's it. We must justify it well, and not only for pleasure, but because the entire roll of transparency, competition and equality is at stake - and believe me, those above review that. Each type of procedure has its own roll and serves different situations, according to what the law says (which, by the way, changes more than the climate).

What do you look at choosing the procedure? Well, in a lot of things: how much does the contract cost, if it is super complex or a simple procedure, if it is necessary to negotiate details or not, and a thousand more factors. You have to think about it well, because if not, you can catch your fingers.

If the contract is one of those who cost a money, it usually goes through the open or restricted procedure. That is, the open is like a party that anyone can enter to present its offer. The restricted is more select: first they look who wants to participate and then only let the chosen ones. Nothing to sneak.

Now, if the thing is more to sit down to negotiate (in plan, "hey, that this must be talked about because I am not clear"), then it plays the negotiated procedure. But be careful, it is not open bar: the law says when you can use it and when not, because if not, you can set up a mess of favoritisms and little competition.

Chiquitos or little pasta contracts? There the simplified or minor procedure is thrown. It's fast, easy, but you have to walk with an eye: if abuse, they can accuse you of skipping the rules.

And, of course, all this roll of why you chose this or that procedure must be left in writing and save it well. Then come the audits or reviews and you better have everything by hand to show that you did things as God commands.

In summary: it is not just about fulfilling the law because yes, but about seeking the best treatment in quality and price, and that all companies have the same opportunity. If you choose well (and you can explain why you did), you save a lot of headaches and the tender is much more fluid.

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