CGU defines criteria and weight of Compliance Programs for contracts with the Federal Executive Branch

On September 11, 2025, the Office of the Comptroller General (CGU) published Normative Ordinance SE/CGU No. 226, which establishes criteria and procedures for evaluating Compliance Programs, in accordance with Decree No. 12,304/2024.

The regulation provides for the assessment of corporate compliance programs in three specific situations:
 

Evaluation parameters include senior management commitment, existence of a code of ethics and compliance policies, risk management mechanisms, reporting channels, disciplinary measures, third-party due diligence, and continuous program monitoring. Factors such as company size, industry sector, and level of interaction with the public administration are also considered.

For large-scale public contracts (BRL 251 million or more), the Ordinance establishes that contracts with the Federal Executive Branch must submit documents and information which evidence the implementation of the Compliance Program within thirty (30) days following the end of the six-month period from the contract’s signing.

The submission must be made through the Compliance Programs Assessment and Monitoring System (SAMPI), by completing the profile and conformity forms. Companies already certified under the CGU’s Empresa Pró-Ética Program, or currently undergoing evaluation by the CGU, may be exempted from submission.

The Ordinance also provides that having implemented an effective Compliance Program can be used as a tie-breaking criterion in public bids. This requirement can be demonstrated through: 

→ Self-assessment under the Pacto Brasil pela Integridade Empresarial, valid for up to twenty-four (24) months;
→ Inclusion in the list of companies recognized under the Empresa Pró-Ética Program; or
→ Assessment conducted in the past twenty-four (24) months by compatible public authorities.

Public bodies and entities must explicitly include in bidding notices the possibility of using the Compliance Program as a tie-breaking criterion, in accordance with the Ordinance’s parameters.

From a business and legal perspective, the Ordinance has direct implications for companies contracting with the Public Administration, particularly in large-scale contracts. Starting sixty (60) days after its publication, companies involved must ensure proper implementation of their Compliance Programs, not only to comply with legal requirements but also to potentially benefit in bidding processes by using the effectiveness of their programs as a tie-breaking criterion.