- Home
- Practice areas
- Public Procurement and Government Contracts
Public Procurement and Government Contracts
Selling to the Brazilian government means short deadlines and the right filing. We act from the tender notice to the end of the contract.
In public procurement almost everything is decided inside windows of a few business days: challenging the tender documents, submitting the bid, appealing a qualification decision, contesting a disqualification. Missing the window usually costs the entire tender.
We advise companies that bid for and perform Brazilian government contracts under Law No. 14,133/2021 (Brazilian Public Procurement Law), on reviewing tender documents, filing challenges and appeals, defending enforcement proceedings and discussing contract amendments and economic rebalancing.
What we handle in Public Procurement and Government Contracts
Choose a matter and see how we work, what you receive and the most common questions.
Public Tenders
Support to compete in public tenders with a well-read notice, a sound bid and flawless qualification.
See matterTender Challenges
Challenges to tender notices and requests for clarification to fix restrictive rules before the bidding.
See matterAdministrative Appeals
Appeals and responses in public tenders against disqualification, bid rejection and administrative sanctions.
See matterGovernment Contracts
Legal management of government contracts: amendments, rebalancing, price adjustment, late payments and termination.
See matterHow we work
Review of tender documents and bid feasibility
Reading of the tender notice, check of qualification requirements, identification of performance risks and a clear recommendation on whether to bid, to challenge or to stay out.
Challenges and requests for clarification
Drafting and filing of challenges to the tender documents and requests for clarification within the deadlines of Law No. 14,133/2021, with follow-up on the authority's response.
Administrative appeals and session support
Notice of intent to appeal, statements of grounds and counter-arguments, plus support to your team during the public session, when decisions have to be made in minutes.
Defence in enforcement proceedings
Defence against fines, debarment and declarations of ineligibility, as well as applications for reinstatement.
Management of the government contract
Amendments, extensions, economic and financial rebalancing, price adjustment, deductions, termination and recovery of amounts withheld by the authority.
Representation before audit courts
Representation in proceedings before the Brazilian courts of audit, where the dispute goes beyond the contracting authority itself.
Why work with us
Response that matches the tender clock
Procurement does not wait. We organise the work so that challenges and appeals are filed inside the statutory window.
Command of Law No. 14,133/2021
We work under the current Brazilian procurement regime, including its bidding formats and the auxiliary procedures it created.
Performance in mind, not only the win
A contract you win still has to be performable. We assess the risk clauses before the bid, not after the problem.
Frequently asked questions
How long do I have to challenge a Brazilian tender notice?
Under Law No. 14,133/2021, any person may challenge the tender documents or request clarification up to three business days before the date set for opening the tender. Once that deadline passes, the clause can only be disputed through other routes, with a lower chance of suspending the process in time.
Can a disqualified bidder appeal?
Yes. The bidder must state its intention to appeal at the moment indicated in the tender notice and then file its grounds within the statutory deadline, or the right is lost. An appeal can reverse the disqualification where it shows the rejected document did meet the requirement.
What is economic and financial rebalancing of a government contract?
It is the restoration of the contract when an unforeseeable event materially changes the cost of performance, preserving the original balance between obligations and payment. The request has to be supported by accounting evidence of the impact and filed before performing the work it seeks to rebalance.
What happens if a company is declared ineligible in Brazil?
A declaration of ineligibility bars the company from bidding for and contracting with the public administration for a set period, affecting all of its public revenue. For that reason the defence must start when the proceeding is opened, not after the decision.
Does the old Law No. 8,666/1993 still apply?
Contracts and tenders governed by Law No. 8,666/1993 before the transition continue to be performed under that regime until they end. New tenders are governed by Law No. 14,133/2021, so it is important to know which statute governs each contract in your portfolio.
See also
Tender published or a contract going wrong?
Talk to our team as early as possible. In public procurement, the deadline is the decisive variable.