The current context of public procurement is set in a world characterized by the concept of VUCA (volatility, uncertainty, complexity and ambiguity). This scenario requires governments to adopt new strategies to deal with emerging challenges, such as accelerated technological changes, new social demands and budget constraints.
It is true that Startups and technology-based companies play a central role in bringing disruptive solutions, however, for these innovations to be incorporated into public policies, knowledge of the existing legal framework and its derivations is essential.
In this regard, Complementary Law No. 182/2021 (Legal Framework for Startups) represents a step forward by establishing rules that facilitate the hiring of startups by the public authorities and make administrative procedures more flexible to enable the adoption of innovative solutions.
Both companies and public authorities must take advantage of legislative advances to jointly maximize their benefits and stimulate a crowd-in environment, in which public investment drives private sector participation and investment.
This positive effect favors economic growth, fosters innovation and makes it possible to solve complex social challenges. This movement is taking place within a regulatory framework that modernizes and makes more flexible a contracting system historically marked by excessive bureaucracy and rigidity. Furthermore, by reducing the culture of excessive punitive accountability, a safer environment is created that is conducive to innovation in the provision of public services, encouraging strategic private contracting and expanding the impact of public policies.
And among the instruments available to promote this innovation is the Public Contract for an Innovative Solution (CPSI), introduced by the Legal Framework for Startups. This mechanism makes it possible to experiment with innovative solutions in the public sector, enabling the development of new technologies and processes that meet government needs without compromising the legal security of managers.
Innovation is, by its nature, an uncertain process. Unlike traditional contracts, in which the requirements and expected results are well defined, innovation contracts involve technological risk and uncertainty as to the viability of the proposed solutions.
The CPSI is structured to mitigate these risks by allowing experimental tests to be carried out, without the obligation of immediate success. This approach is essential to stimulate the creation of innovative solutions without penalizing public managers and suppliers for any failures inherent in the innovation process.
Unfortunately, Brazil still occupies a modest position in the Global Innovation Index. Despite progress in sectors such as information technology, agribusiness and biotechnology, there are many structural barriers, such as low efficiency in transforming academic research into marketable products and difficulties in the adoption of innovations by the public sector.
And the CPSIs represent an essential strategy for improving this performance, as they can create demand for technological solutions developed in the country and stimulate the competitiveness of Brazilian companies in the global market through: regulated experimentation, allowing solutions to be tested before definitive adoption; risk mitigation, avoiding public managers being held responsible for failures inherent in the innovation process; stimulating technological development, creating a market for innovative solutions.
Therefore, its adoption represents a great opportunity to modernize public administration and boost the innovation ecosystem in Brazil, generating improved efficiency in public services, strengthening the national technology sector and greater economic competitiveness.
Available in: https://analise.com/opiniao/contratos-publicos-de-inovacao-como-a-lei-pode-impulsionar-sua-startup
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