*By Camila Murta
The digital transformation of the Brazilian public sector has gained an important ally with the accreditation mechanism provided for in Law 14,133/2021, regulated by Federal Decree 11,878/2024 and other state regulations. This auxiliary procedure represents a significant evolution in the way the Public Administration can contract technological solutions, offering greater flexibility and efficiency compared to traditional bidding methods.
Accreditation, as defined in Article 6, item XLIII, of Law 14,133/2021, is characterized as an “administrative process of public bidding in which the Public Administration summons interested parties to provide services or supply goods so that, having met the necessary requirements, they become accredited with the body or entity to perform the purpose when summoned”. This auxiliary procedure, regulated by articles 87 to 90 of the aforementioned law, allows the Public Administration to carry out contracts in a continuous, parallel and non-exclusive manner, and is especially suitable for fluid and dynamic markets, such as cloud computing services.
The Federal Court of Auditors (TCU) corroborates this understanding through Ruling 1739/2015, the complexity and diversity of this market make direct comparison between solutions or the establishment of single parameters for evaluating commercialization models challenging. Therefore, the main aspects of motivation for accreditation can be listed as:
- Nature of the market: As recognized in TCU Ruling 1739/2015, the cloud services market is characterized by its complexity and diversity, making direct comparison between solutions or establishing single parameters for evaluation challenging.
- Varied needs: Different Public Administration bodies may require specific solutions that are better served by different providers, as highlighted in Ordinance SGD/MGI No. 5,950/2023.
- Economic efficiency: The model allows for greater competitiveness and obtaining the best cost-benefit, in line with the principles of economy provided for in Law 14,133/2021.
This modality allows the Public Administration to maintain a registry of qualified suppliers that meet predetermined technical and legal requirements, enabling parallel and non-exclusive contracts. This feature is especially valuable in the context of cloud services, where different agencies may have specific needs that are better met by different providers or solutions.
Among the main advantages of accreditation for contracting cloud services, the following stand out:
- Flexibility in selecting suppliers, allowing you to choose the most suitable solution for each specific need;
- Saving resources through the pay-per-use model;
- Greater agility in hiring, essential to keep up with technological developments;
- Possibility of maintaining multiple qualified suppliers, reducing operational risks;
- Greater transparency and competitiveness in the hiring process.
The accreditation process for cloud services must follow rigorous planning, including the formation of a qualified technical team, the preparation of preliminary technical studies (ETP) and the clear definition of technical and security requirements, such as those set out in Ordinance SGD/MGI No. 5,950/2023, which establishes specific conditions for contracting cloud services, including: location of data centers in national territory; security and data protection requirements and; necessary technical certifications.
Data protection and compliance with the General Data Protection Law (LGPD) are other aspects to be considered in the process, as well as the link to governance and contract management.
The great difference in accreditation is in establishing objective mechanisms for distributing demands among accredited entities and for continuous monitoring of the quality of services provided.
The accreditation also aligns with the objectives of the National Digital Government Strategy¹, facilitating the modernization of public administration and the improvement of services provided to citizens. The possibility of contracting different providers in an agile and efficient manner contributes to the digital transformation of the public sector.
Finally, it is important to emphasize that the success of this type of contracting depends on the adequate training of the employees involved in the process and the establishment of a robust governance structure.
It is concluded that accreditation represents a significant advance in the way the Public Administration can contract cloud services, offering a more efficient and adaptable path for the digital transformation of the Brazilian public sector. Its adoption, if well planned and executed, can result in significant benefits for both the administration and the citizens served by public services.
¹ Art. 8, item IV – to increase the resilience and maturity of government technology structures, with attention to privacy, personal data protection, information security and cybersecurity; and item VI – to have a modern, secure, scalable and robust infrastructure, considering the principles of sustainability, for the implementation and evolution of digital government solutions, in order to promote shared structuring solutions, the use of common standards and integration between federative entities;
*Camila Murta, Leader of the ABES Public Procurement Working Group
Notice: The opinion presented in this article is the responsibility of its author and not of ABES - Brazilian Association of Software Companies
Article originally published on the Connected Smart Cities website https://portal.connectedsmartcities.com.br/2025/03/07/a-relevancia-do-credenciamento-na-contratacao-de-servicos-em-nuvem-pela-administracao-publica/
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