President of Funeas-PR and auctioneer are fined for failures in hospital bidding

President of Funeas-PR and auctioneer are fined for failures in hospital bidding

StateMay 6, 2024 – 2:00 pm

The Court of Auditors individually fined R$ 5,471.60 the director-president of the State Foundation for Health Care of the State of Paraná (Funeas-PR), Marcello Augusto Machado, and the auctioneer Andr Luiz Gomes Vieira, on grounds of irregularities in the foundation’s Electronic Prediction notice no. 254/22. The object of the price was the contract for the provision of continuous services in hygiene, hotel, maintenance and hospital conservation services with the supply of labor, equipment and utensils.

The decision was taken in the process in which the TCE-PR advisors judged that the Representation of the Bidding Law formulated by the company Via Servios Integrados Ltda was partially valid. in the face of Prego Eletrônico no. 254/22 of Funeas-PR, through which he highlighted flaws in the contest.

The reasons were irregularities in the spreadsheets for the composition of the unit cost of the services referring to the quotation of the hazard pay premium based on the value of the minimum wage in force until December 31, 2022; lack of food vouchers during the vacation period; and lack of paid weekly rest (DSR) for night shifts.

Decision

When justifying his vote, the rapporteur of the process, counselor Ivan Bonilha, agreed with the statements of the First External Control Inspectorate (1 ICE) of the TCE-PR and the Ministry
Audit Committee of Paraná (MPC-PR), who gave their opinion on the partial origin of the Representation.

Bonilha stated that the calculation of the additional hazard pay contained in the winning bidder’s proposal should have been carried out based on the national minimum wage in force since the beginning of 2023, so that there would not be an affront to the fairness of the competition.

The counselor also highlighted that the winner of the bid failed to quote the food voucher for the vacation period, a mandatory item in the 2022-2024 Collective Labor Agreement of the Workers’ Union.
Cleanliness and Maintenance Employees (Siemaco); and did not present, in the monthly payments on the cost sheet, the DSR value for night shifts.

Thus, the rapporteur voted to apply, to those responsible, the sanction provided for in article 87, item IV, of Complementary Law no. 113/2005 (Organic Law of the TCE-PR). The administrative fine corresponds to 40 times the value of the Standard Fiscal Unit of the State of Paran (UPF-PR), the index for TCE-PR fines, which was worth R$ 136.79 in April, the month in which the case was judged.

The counselors unanimously approved the rapporteur’s vote, in Virtual Plenary Session No. 6/24 of the TCE-PR Plenary Court, concluded on April 11. The decision is expressed in Decision no. 890/24 – Full Court, made available on April 17th in edition no. 3,190 of the TCE-PR Electronic Gazette (DETC).

The company Via Servios Integrados Ltda. filed a Motion for Clarification, questioning points of the agreement. While the appeal (Process no. 280275/24) is being processed, the execution of the sanction of fines imposed in the contested decision is suspended.

Serbian

Author: Social Communication Directorate Source: TCE/PR