{"id":73189,"date":"2026-08-30T11:19:18","date_gmt":"2026-08-30T14:19:18","guid":{"rendered":"https:\/\/a3aengenharia.com\/?post_type=articles&p=73189"},"modified":"2026-08-30T11:25:49","modified_gmt":"2026-08-30T14:25:49","slug":"direct-procurement-brazil-law-14133-article-72-process","status":"publish","type":"articles","link":"https:\/\/a3aengenharia.com\/en-us\/content\/technical-articles\/direct-procurement-brazil-law-14133-article-72-process\/","title":{"rendered":"Direct Procurement Under Brazilian Law 14,133: How to Structure the Article 72 Process"},"content":{"rendered":"\n

Direct procurement under Brazilian Law 14,133 does not eliminate planning or reduce procurement to a simple supplier choice. Article 72 requires a formal, documented, and reasoned process applicable to both noncompetitive procurement<\/strong> and waiver of competitive tendering<\/strong>. For the public authority, procurement security depends on demonstrating the need, suitability of the solution, legal basis, price compatibility, contractor qualification, and objective reasons for the selection made.<\/p>\n\n\n\n

For engineering works and services, this record is even more important because scope, design, technical requirements, measurement criteria, responsibilities, risks, and deliverables must remain verifiable even when there is no competitive tender. Direct procurement does not mean procurement without engineering; it means procurement without the traditional competitive stage, while preserving the obligation to structure and technically justify the decision.<\/p>\n\n\n\n

What Direct Procurement Means Under Brazilian Law 14,133<\/h2>\n\n\n\n

Brazilian Law 14,133 treats direct procurement as a broad category covering two distinct situations: noncompetitive procurement<\/strong>, governed by Article 74, and waiver of competitive tendering<\/strong>, governed by Article 75. In noncompetitive procurement, competition is infeasible. In a waiver, competition may be feasible, but the law itself authorizes procurement without a tender in specific situations.<\/p>\n\n\n\n

This distinction is fundamental because the Article 72 process applies to both routes, but the justification for the legal basis changes completely. In noncompetitive procurement, the Administration must demonstrate why competition is not feasible in the specific case. In a waiver, it must demonstrate that the situation falls within one of the statutory direct-procurement scenarios.<\/p>\n\n\n\n

Element<\/td>Noncompetitive procurement<\/td>Waiver<\/td><\/tr>
Main basis<\/td>infeasibility of competition<\/td>express statutory scenario<\/td><\/tr>
Central legal basis<\/td>Art. 74<\/td>Art. 75<\/td><\/tr>
Competition<\/td>infeasible<\/td>generally feasible, but waived by law<\/td><\/tr>
Process<\/td>Art. 72<\/td>Art. 72<\/td><\/tr>
Planning<\/td>required<\/td>required<\/td><\/tr>
Price justification<\/td>required<\/td>required, as applicable<\/td><\/tr>
Contractor selection<\/td>must be reasoned<\/td>must be reasoned<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

The article What is noncompetitive procurement?<\/a> explores the conceptual difference between the two forms of direct procurement in greater depth.<\/p>\n\n\n\n

Article 72 Turns Direct Procurement Into a Process, Not a Shortcut<\/h2>\n\n\n\n
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Direct procurement does not eliminate planning. Article 72 requires a documentary chain capable of demonstrating need, legal basis, qualification, price, and decision.<\/p>\n\n\n\n

Learn about Technical Planning for Engineering Procurement<\/a><\/p>\n<\/div>\n\n\n\n

Article 72 establishes eight groups of documents that must support the process. They form a logical chain: the Administration identifies the need, defines the solution, estimates the value, verifies budget availability, evaluates the contractor, substantiates the selection, justifies the price, and submits the decision to the competent authority.<\/p>\n\n\n\n

Weakness usually arises when those documents formally exist but do not connect. A Preliminary Technical Study may point to one need while the Terms of Reference describes another solution; the reason for selection may rely on expertise that does not appear in qualification records; the price justification may compare technically different objects; or a technical opinion may validate a solution without demonstrating fit with the original problem.<\/p>\n\n\n\n

Process consistency requires traceability among need, object, contractor, price, and expected result<\/strong>.<\/p>\n\n\n\n

Direct procurement documentation flow under Brazilian Law 14,133<\/title>