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Tenders only for MEIs and a higher cap for small firms: what Complementary Law 238 changes in public procurement in 2027

From 1 Jan 2027, items reserved for micro and small firms rise from R$ 80,000 to the works waiver limit (R$ 130,984.20 in 2026), and agencies may reserve items for MEIs up to R$ 32,746.06. The rule, the amounts and how to find these tenders.

EditalMD · Published · Reviewed

What changes in article 48 of the Simples law

Complementary Law 238 of 21 October 2026 amended article 48 of Complementary Law 123. The changes apply from 1 January 2027. 67 days are left.

  • Reserved for micro and small firms (ME and EPP): today agencies must reserve items up to R$ 80,000. In 2027 the cap becomes the amount in article 75, I, of Law 14,133, updated every year. In 2026 it is R$ 130,984.20.
  • Reserved for MEIs: new. Agencies may reserve items up to half the amount in article 75, II. At 2026 values, R$ 32,746.06.
  • The reservation for ME and EPP is mandatory. The one for MEIs is optional.
  • Article 49, III, still allows agencies to skip the preferential treatment when it is not advantageous or harms the purchase, now naming micro-entrepreneurs too.

The 2027 amounts are still to come

The figures above use the values of Decree 12,807/2025, in force in 2026. Law 14,133 requires a yearly IPCA-E update, and the decree handed later years to the Ministry of Management. The 2027 values should be out by the end of December.

When bidding, check the tender's participation rule and the reference amount the agency used.

What else changes for MEI suppliers

  • Revenue ceiling: R$ 110,000 in 2027 and R$ 140,000 from 2028. Today it is R$ 81,000.
  • Up to 2 employees.
  • On Contrata+Brasil, the limit per service rises from R$ 13,098.41 to R$ 32,746.06 from 2027, according to the Ministry of Entrepreneurship.
  • MEI federal debts up to 13 October 2026 will be forgiven, with conditions. Until the write-off, the debt stays on record and counts in qualification.
  • An invoice to a public body is still required.

How to find these tenders on EditalMD

  • Create an alert with the words for what you supply and a maximum value near the cap: R$ 130,984.20 for ME and EPP or R$ 32,746.06 for MEIs.
  • In the tender document, the Participation line shows when only small businesses can bid.
  • Read the qualification rules before pricing: tax and labour compliance is still required.
  • Your first alert is free.