SICX enters into force: decree regulates e-commerce in the federal public administration

Decree No. 13,106/2026^[1], which regulates the Express Procurement System (Sistema de Compras Expressas – SICX), has been in force since September 8, 2026. The e-procurement model, provided for under Law No. 14,133/2021, is intended for use by the federal public administration.

The idea behind SICX is to create a digital marketplace for public procurement. Under the decree, this tool will be restricted to providing standardized goods and services that can be procured repeatedly, in a comparable manner, and on a non-individualized basis. The Secretariat of Management and Innovation, within the Ministry of Management and Innovation in Public Services, serves as the system’s central authority and is responsible for issuing supplementary regulations, making the platform available, and preparing the accreditation notices.

Who can use it

Federal public entities (the Federal Government, states, the Federal District, and municipalities), autonomous agencies, state-owned companies, autonomous social services, and private non-profit entities may serve as buyers on SICX.

Suppliers of goods and services must be accredited on the platform and adhere to its regulations. Once accredited, they will be able to offer prices for the goods and services they wish to provide in each open procurement notice, and may indicate different prices for each location served, as well as tiered prices based on the quantity required.

Selection of offers

The decree establishes that prices will be determined based on the offers themselves, with estimates supported by the parameters of Article 23 of Law No. 14,133/2021 and integrated with the databases of Brazil’s Federal Revenue Office and the State Departments of Finance. Relevant aspects of the mechanism remain subject to supplementary regulation.

Once bids have been submitted for a particular good or service, the buyer is not required to justify the selection of the lowest-priced proposal, but must provide justification if another proposal is chosen.

What’s new?

Provisional receipt of the contracted items must be issued within 2 business days, and final receipt within 10 days after delivery, unless otherwise specified in the notice and within the 30-day limit. Failure to respond will result in tacit acceptance of the contracted items, with payment released after final acceptance.

With the full implementation of SICX, the system is expected to enable automated payment processing for delivered items.

The creation of SICX aims to modernize and streamline public procurement of common goods and services. The expectation now shifts to the issuance of supplementary regulations and the launch of the electronic platform, which are necessary steps for the effective operationalization of the system by suppliers and buyers.

Demarest’s Public and Regulatory Law and Infrastructure teams remain available for further clarification.

^[1] Decree No. 13,106, of August 24, 2026, published in the Federal Official Gazette of August 25, 2026, which regulates Article 79, Item IV, of Law No. 14,1332021.