Errors in bidding processes are more common than imagined and often result in considerable damage. Whether due to technical failures, ignorance of the legislation or misinterpretation of the notice, these failures endanger the competitiveness and credibility of participating companies.

For success in public hiring, it is essential to understand legal requirements, structure good proposals and follow all stages accurately. In this article, we explore the main mistakes made in bids and point out practical ways to avoid them safely and efficiently.

Principles that govern public bids

Bids are administrative proceedings governed by fundamental principles that ensure legality and justice. With the entry into force of Law No. 14,133/2021, the new bidding law, these principles were reinforced to ensure greater transparency and efficiency in public hiring.

Pillars of the new legislation

These are the main principles established by the new legislation:

• Legality: All steps must be in accordance with current legislation;
• Equality: All competitors must have the same rights and opportunities;
• Impersonality: prevents the favoring of companies or public agents;
• Advertising: requires wide dissemination of all phases of the process;
• Morality: Administrative acts must be ethical and probes;
• Efficiency: Resources and time should be used as best as possible;
• Planning: guarantees control, predictability and resource optimization;
• Judgment Objective: The criteria are previously defined in the notice.

Ignoring these principles can cause bidding or application of administrative penalties, which demonstrates the importance of knowing them in depth.

Analysis of the most common errors in bids

1. Lack of strategic planning

One of the most serious bids is not properly planning participation. Many companies enter the bidding process without assessing whether they have the structure, personnel or capital necessary to fulfill the obligations provided for in the contract. Proposals elaborated in a hurry or without detailed analysis of the notice usually do not meet the required technical and economic requirements. How to avoid:

• Make a feasibility evaluation before deciding to participate;
• Establish a dedicated and qualified team to manage bids;
• Prepare a schedule aligned with the deadlines of the notice;
• Simulate execution scenarios to predict operational and economic risks.

2. A mistaken or superficial interpretation of the notice

Many entrepreneurs underestimate the reading of the announcement and lose crucial details, such as technical qualification requirements, specific formats for attachments or guidelines for proposals. A wrong interpretation can lead to the summary elimination of the dispute. How to avoid:

• Read the announcement completely, including attachments, technical standards and further additives;
• Highlight critical points and create a checklist of obligations;
• If in doubt, use the official channels to request clarification within the established deadlines.

3. Incomplete or incorrect documentation

The absence or incorrect submission of mandatory documents is still one of the most recurring failures. Often companies forget to include updated certificates, required forms or proof of technical capacities. How to avoid:

• Create a always up -to -date digital document bank;
• Make double reviews before the proposal was delivered;
• Use document management tools to automate certificate validity deadlines;
• Have a legal-administrative support team for final verification.

4. Poorly elaborate proposals and unenforceable prices

Presenting price proposals below reality to win a bid can be expensive. Even winning the dispute, the company may not be able to honor the contract, resulting in severe penalties and contractual frustration. How to avoid:

• Make a complete survey of operating and indirect costs;
• Use references such as Sinapi, Sicro or Organs Tables to Prices Prices;
• Include risky margins and input increases;
• Review all payment terms and deadlines.

5. Ignorance of current legislation

Law No. 14,133/2021 brought several changes compared to former Law No. 8.666/1993. Participating in bidding processes without knowing updated legislation is a serious mistake that can compromise the entire strategy of the company. How to avoid:

• Invest in legal training and recurring team training;
• Follow legal updates through bulletins and specialized courses;
• Consult Specialized Advisory in Public Law.

6. Ineffective Communication with Public Administration

During the execution of the contract, the failure to communicate with the contracting body can generate misunderstandings, non-compliance and delays. In addition, poorly conducted processes may result in unilateral sanctions and terminations. How to avoid:

• Keep direct and clear channels with the Contracting Administration;
• Formalize all important written communications;
• Establish regular technical meetings schedules;
• Enter any difficulties that may impact the progress of the contract.

7. Disregard social and environmental criteria

Increasingly, public administration takes into account aspects of sustainability and social responsibility in bids. Ignoring these requirements can put a competitor at a significant disadvantage. How to avoid:

• Sitting your proposal with good environmental practices;
• Prove the adoption of social and environmental programs and inclusion policies;
• Pay attention to the judgment criteria that value positive social and environmental impact.

Contractual management, risks and penalties

Understanding the contractual modalities

Understanding the differences between the types of current administrative contracts is essential to structure a proper proposal. The most common modalities include:

Modality	Character	Examples of Use
Concession	Private initiative provides public service upon contract	Concession of highways, airports
Permission	Public service provided precarious and revocable	Municipal public transport
Authorization	Use of good or activity granted precariously by the public power	Events in Public Spaces

Each type implies different responsibilities and requirements. Errors in the understanding of the contract can generate serious non -compliance.

Penalties for non -compliance contractual

Failure to comply with the obligations provided for in bids and contracts may generate administrative sanctions according to Law No. 14,133/2021. Penalties include:

• WARNING: Educational measure for light infractions;
• Fine: varies between 0.5% and 30% of the total hired;
• Temporary suspension: prevents new hiring for up to two years;
• Declaration of Soming: It prohibits participation in bids for up to six years.

The key to success: prevention and training

How to minimize risks and avoid sanctions

Avoiding penalties depends on ethical, compromised and transparent conduction of the process.

• Develop an internal compliance program;
• Offer continuous training on legislation and bids;
• Do periodic internal audits in the bidding sector;
• Always act with clear communication and respect the established deadlines.

The importance of constant training and updating

Staying up to date on changes in legislation and good practices in bidding is a decisive factor to stand out in the public sector. Empowering the teams involved helps to integrate them with the required standards and decreases the error rate.

Courses, workshops and specialized publications can significantly improve bidding performance. Reading technical articles, such as official bodies, also contributes to the strategic and legal formation of companies. Companies well prepared usually reach greater regularity in their hiring, as well as consolidating their reputation against the Public Administration.

Prevention is still the best tool to avoid failures and ensure positive results in bids. By adopting a proactive and strategic stance, from the thorough understanding of the notice to the execution of the contract, not only avoid penalties, but also builds a relevant competitive differential in the public purchasing market.