Quitandinha corrects public and school transport auctions suspended by TCE-PR

Quitandinha corrects public and school transport auctions suspended by TCE-PR

MunicipalApril 25, 2024 – 3:00 pm

The Court of Auditors of the State of Paraná (TCE-PR) allowed the continuation of tenders by the Municipality of Quitandinha (Metropolitan Region of Curitiba) to hire a company to carry out public transport for passengers living in the rural area of ​​the municipality; and the provision of school transport services.

The decision was taken in the Bidding Law Representation process in which the Court rendered ineffective the precautionary measure that determined the suspension of previous bids, which were annulled by the municipality; and deemed the representation unfounded in relation to new competitions launched later with the same objects.

The precautionary measure had been granted by counselor Durval Amaral on July 4, 2023; and approved in face-to-face session No. 23/23 of the Full Court held on the 12th of that month. The TCE-PR had accepted the Representation of the Bidding Law formulated by micro-entrepreneur Viviane de Moura in view of electronic auctions nº 34/23 and nº 45/23 of Quitandinha City Hall.

The reason for granting the injunction was the absence of duly substantiated justifications regarding the option of combining the transport lines for each bid into a single lot, without presenting any type of plausible justification for doing so. For the rapporteur of the process, this could unduly restrict the competitiveness of the event.

After approval of the suspensive measure, the municipality confirmed the annulment of electronic auctions No. 34/23 and No. 45/23; and launched electronic auctions nº 56/23 and nº 57/23, with the presentation of an analysis of the economic and technical feasibility to support the aggregation of transport lines.

Decision

Amaral agreed with the position of the TCE-PR Municipal Management Coordination (CGM) regarding the regularity of new bidding notices. He highlighted that, unlike previous tenders, the internal phases of the new tenders were marked by technical and economic feasibility analysis to support the agglutination of objects.

The advisor highlighted that the studies carried out by the bidding entity demonstrated the advantages of combining certain items in batches, such as the reduction of employees involved in the inspection and monitoring of contracts and the safety of all lines being served, without the risk that any less attractive would be devoid of the service.

Finally, the rapporteur stated that there was no harm to the competitiveness of the bids, as 14 companies participated in Electronic Auction No. 56/23 and there was a discount of R$454,895.20; and Electronic Auction nº 57/23 had the participation of 12 companies, with an economic result of R$ 913,164.53.

Thus, Amaral voted for the supervening loss of the object in relation to the irregular contests that were annulled; and due to the unfoundedness of the Representation of the Bidding Law in relation to new bids, in which the agglutination of the object was duly justified.

The counselors followed the rapporteur’s vote unanimously, in Virtual Plenary Session No. 5/24 of the Virtual Plenary of the TCE-PR Full Court, concluded on March 27. The decision, which can be appealed, is expressed in Ruling No. 744/24 – Full Court, made available on April 9, in edition No. 3,184 of the TCE-PR Electronic Gazette (DETC).

Service

Author: Social Communication Directorate Source: TCE/PR