In July, by decision of the Court of Auditors of the State of Rio de Janeiro, the Loterj bidding that would choose a company to launch and operate new lotteries for predictions, instantaneous and sports betting was suspended by the accounting agency after a lawsuit filed by Scientific Games and IGT.
The proces was in the bidding stage, in which only the consortium formed by MCE and Santa Casa de Misericórdia de Lisboa presented its commercial proposal. With the decision to suspend the contest, the proposal was not opened and the contest was interrupted.
Now, with the decision, Loterj will have to comment on possible irregularities pointed out by the SG/IGT consortium before judging the merits of the representation and only after that will Loterj be able to prepare a new modeling study. Meanwhile, the suspension of competition is maintained as a precautionary measure.
TCE-RJ questioned Loterj about:
- Reasons that justify the absence of fractioning of the object of the event with regard to the services of "preparation, proposal, guidance and execution of advertising campaigns".
- Justification for the lack of division of the object from the perspective of the betting branches included in the contract (prognosis lottery, instantaneous and sports betting) demonstrating, in view of all the circumstances involved in the contract, that the administrative choice is the one that best meets the principle of competitive bidding.
- Justification for the authorization to subcontract part of the contractual object, which apparently clashes with the idea that all services tendered must be performed by the same individual, given their supposed interdependence.
When presenting her vote, Minister Marianna Willeman spoke about the issue of the future modeling of Loterj's bid, indicating that it should be revised:
“The model must be revised by the State of Rio de Janeiro, so that it can adapt to the decision that came to be adopted by the STF in terms of concentrated constitutionality control, establishing the public service nature of lottery services. I glimpsed the need for further clarification in relation to some aspects, maintaining this model of law 8666, aspects related to the fractioning of the object of the bidding and specifically the possibility of subcontracting advertising services. Where I identified a possible inconsistency in the justification presented by Loterj.
I am still verifying the need for external diligence so that these clarifications can be presented, but anticipating that my vote outlines the need for measures to be immediately adopted and studies inaugurated so that the modeling that was currently elected by Loterj can be reviewed, so that even in my vote I signal that, even if the continuity of the event is allowed after the presentation of these reasons and additional clarifications, the contractual term must be revised. The foreseen term is five years and in my opinion it must be limited strictly necessary to review the modeling and carry out technical and economic studies for the purpose of defining another model compatible with the delegation of these public services, as in my understanding there is the current characterization as the delegation of public service to individuals."
Source: GMB
