Innovation and competitiveness in public procurement: unification of bidding procedures under law nº 13.303/2016

Abstract

This article aims to demonstrate how Law 13.303/2016 unified and modernized the bidding process for state-owned companies, establishing specific guidelines for public procurement within a new regulatory environment focused on innovation and competitiveness. This legislation, awaited for more than 35 years, was necessary to overcome the deficiencies of the former General Procurement Law nº 8.666/93, which has now been repealed by Law nº 14.133/2021. The previous law did not satisfactorily address the demands of a dynamic and innovative business environment, especially in the context of public procurement. The State-Owned Companies Legal Statute thus emerges as a regulatory framework that not only updates procurement practices but also adapts them to contemporary demands for efficiency and innovation. Law 13.303/2016 allows greater flexibility in supplier selection, encourages the adoption of emerging technologies and innovative solutions, while maintaining the principles of transparency and public oversight. By prioritizing competitiveness in the procurement sector, the new legislation fosters a more balanced environment between state-owned enterprises and the private market, promoting competition, technological development, and the exploration of new business models. This is particularly evident in economically significant activities, where the ability of state-owned companies to act competitively is essential to ensuring their sustainability and market success.