BIDDING AND DIRECT CONTRACTING: APPLICABILITY AND LEGALITY

Abstract

The objective of this study is to identify where the bidding process is applied and in which cases direct contracting is allowed, in line with the relevant legislation, confronting the factors that lead to direct contracting and the requirements to carry out a bidding process. Public procurement follows, as a rule, the principle of bidding. However, the legislation provides for exceptions to the general rule. There are hypotheses in which direct contracting is possible and the bidding may be waived or unenforceable. This type of hiring ensures more objectivity and speed for the Public Administration, making the process more efficient and less bureaucratic, aiming to obtain the best result for the Public Administration. This study was carried out taking into account the relevant laws in force, demonstrating that the Manager must always seek to act ethically and with a view to promoting the common good. Practically all the government's actions involve the use of the bidding process or direct contracting for contracting purchases, services and works, which are essential to implement any government program and increase the population's quality of life. This study contributes substantially to the area of ​​Public Administration, with regard to the bidding process and the exceptions to the general rule, that is, in which cases direct contracting is allowed. Data were collected through a knowledge variable called “exploratory research”, carried out manually along with the existing literature on the subject, seeking to build a support framework for research development.