Lindoeste should not extend contract signed for public management system

Lindoeste should not extend contract signed for public management system

MunicipalMay 8, 2024 – 11:00

The Court of Auditors of the State of Paraná (TCE-PR) ordered the Municipality of Lindoeste (West Region) not to extend the Service Provision Contract no. 92/23, resulting from Electronic Pricing no. 21/23, signed with the company MGS Information Systems Ltd. The adjustment refers to implementation, training and provision of licenses for temporary use of public management systems, with simultaneous access for users of direct and indirect municipal administration.

The counselors also determined that, in future competitions with a similar purpose, the municipality must comply with the provisions of Agreement no. 321/24 – Full Court of the TCE-PR, noting that the requirement for technical and functional requirements of the systems, in proof of concept , must be limited to a reasonable percentage, with a recommendation of 70%, except in exceptional cases that are justified in a technical and specific manner for each item that makes up the solution.

The decision was taken in the process in which the TCE-PR partially upheld the Representation of the Bidding Law (Law No. 14,133/21) formulated by the company Spin Sistemas Ltda. in view of Electronic Pricing No. 21/22 of Lindoeste City Hall, due to the requirement of a high percentage to meet technical requirements in proof of concept and choice of items, without adequate technical justification.

Decision

When justifying his vote, the rapporteur of the process, counselor Durval Amaral, agreed with the instruction of the Municipal Management Coordination (CGM) of the TCE-PR and with the opinion of the Public Ministry of Accounts (MPC-PR), which opined for the partial origin of the Bidding Law Representation.

The advisor stated that the Terms of Reference for the bid stated that the system that demonstrated the operation of at least 90% of the functional requirements of each module would be accepted. He understood that establishing this percentage, at a high amount, may have restricted competitiveness and directed the bidding to a single company.

Amaral highlighted that the municipality used generic arguments to justify the adoption of the high percentage, without presenting objective elements to prove its allegations. He highlighted that it would be appropriate to establish a lower percentage, providing a period of adaptation to meet 100% of the functionalities required by the municipality.

The advisor highlighted that the administration must adequately motivate, through technical opinion, the percentages used to measure the proof of concept; and define, with justification, the items that require mandatory assistance. Furthermore, he stressed that, in a recent decision, the TCE-PR established the reasonableness of the 70% percentage for technical and functional requirements of the systems, admitting higher percentages as long as they are duly motivated.

The counselors unanimously approved the rapporteur’s vote, in Virtual Plenary Session No. 5/24 of the TCE-PR Plenary Court, concluded on March 27th. The decision, which is expressed in Decision no. 743/24 – Full Court, made available on April 9 in edition no. 3,184 of the TCE-PR Electronic Gazette (DETC), was the subject of a Review Appeal (Process no. 303216/24), to have advisor Fabio Camargo as rapporteur. While the process is ongoing, the execution of the sanctions imposed in the contested decision is suspended.

Serbian

Author: Social Communication Directorate Source: TCE/PR