Solução patenteada · contratação por inexigibilidade ou dispensa

How to Contract (waiver or sole-source procurement)

Two legal routes, one simple process

Observatório de Gestão is a patented solution sold exclusively by EBAEM. For public administration, this opens two direct-contracting routes provided for in Brazil’s Law No. 14,133/2021 (public procurement law):

Value-based procurement waiver (dispensa)

For the City Plan, the annual amount (R$ 65,000.00, BRL) falls within the waiver threshold for services — direct contracting, with simplified formalities.

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Sole-source procurement (inexigibilidade)

When the supplier is exclusive and the solution is unique (patented), a public tender is not required. EBAEM provides the exclusivity declaration, proof of patent and the technical description of the solution — inputs for the justification that the public entity itself prepares.

Step by step

  • 1. Request the commercial proposal — through the contact form or directly at the City Plan checkout: you receive the proposal with the technical description, exclusivity declaration and proof of patent, price breakdown and implementation schedule.
  • 2. Prepare the procurement file — with these inputs and the price research (the proposal already includes the price breakdown), the public entity’s team prepares the process documents — notice/terms of reference, preliminary technical study (ETP), risk analysis, legal opinion — according to its own specifications, and formalizes the waiver or the sole-source procurement.
  • 3. Budget commitment and contract — after signature, we issue the invoice and grant your team’s access the same day.
  • 4. Onboarding — user registration, territorial permissions and the first round of reports with our team (remotely).

What the commercial proposal includes

  • Commercial proposal and price breakdown
  • Technical description of the solution and its modules
  • Implementation schedule
  • Exclusivity declaration and proof of patent
  • Commercial and term conditions, for the draft contract the public entity prepares
  • EBAEM’s certificates of good standing

Note: the commercial proposal provides sufficient inputs (technical description, exclusivity/patent, price breakdown, schedule) to support the public entity’s team throughout the procurement process — notice/terms of reference, preliminary technical study (ETP), risk analysis, legal opinion — according to the entity’s own specifications. Preparing those documents and the legal review are always the responsibility of the contracting entity.