On Tuesday (9) last week, one of the interested companies, Prohards Comércio, Desenvolvimento e Serviços em Tecnologia da Informação, headquartered in Rio Claro (São Paulo) with a branch in Cuiabá (Mato Grosso), submitted questions regarding cash payments and the scope of the tender—whether it was limited to the technological platform or included the entire lottery operation and management.
The State Treasury Secretariat (Sefaz) stated that the focus is on the control and processing of electronic payments, with no provision for cash acceptance. As for operations, the agency indicated that the tender only covers the implementation of the platform, while the lottery itself—physical points of sale and other services—will be addressed in a new tender.
Dodmax submitted three questions: the participation of micro and small enterprises; the absence of a cost spreadsheet; and rules regarding consortium naming. According to the company, the tender provides for a “fictional tie-breaker” (a preference rule in public tenders to benefit micro and small companies), but the estimated value of the tender is BRL 51,474,339.31 (US$9.5m)—above the maximum gross revenue limit for Small Enterprises (EPP), which would prevent such participation.
Dodmax also sought confirmation that the non-requirement of a cost spreadsheet remains valid. Regarding consortia, it asked whether a proprietary name is permitted, provided there is no change during the registration phase. Sefaz responded to the inquiries on the same day, reaffirming that there would be no changes to the new tender notice.
New tender
The tender aims to hire a specialized company to implement and operate the technological platform that will control Lotesul’s lottery activities.
One of the changes concerns the minimum percentage of revenue to be transferred by the winning company to the state. In the previous notice, the rate was 16.17%; it has now been reduced to 14.33%. The revenue-sharing percentage of gross revenue is one of the criteria used to rank proposals, as Lotesul’s main purpose is to increase state revenue.
In its justifications, the government argues that the state lottery’s purpose is to “generate resources and allocate them to actions and services of interest to the administration.” The terms of reference indicate that, based on studies of regulated markets, the revenue potential of the lottery sector in Mato Grosso do Sul—considering all modalities provided for under federal law—is estimated at 0.85% of the state’s Gross Domestic Product (GDP).
Throughout the contract term, the company must carry out all necessary updates and customizations to the platform to meet state requirements. At the end of the contract, the source code and exclusive system information must be handed over to the government, which will then hold definitive and unrestricted ownership of the solution. The contract period will be dedicated to continuous development, with a focus on system evolution and improvement.
Suspension
The first suspension occurred in March of this year, just minutes after the auction opened, following a request for clarification. The shelving of the process was a response to the findings of an audit by the Mato Grosso do Sul State Audit Court, which identified clauses deemed restrictive to competitiveness and disproportionate to the object of the tender.
Among the issues previously highlighted were technical requirements considered excessive and unjustified, as well as the risk of creating a private monopoly for up to 35 years.
The complaints came from three different sources: Jamil Name Filho, currently imprisoned as part of Operation Omertà; the company Criativa Technology Ltda., linked to state deputy Roberto Razuk, known as Neno Razuk (PL); and an anonymous complaint— all accepted by the court for analysis.
Criativa Technology Ltda., headquartered in the Jardim Água Boa neighborhood, also in Dourados, was one of the targets of the fourth phase of Operation Successione, launched on November 25.
The company, owned by Sergio Donizete Balthazar, filed a writ of mandamus with the Mato Grosso do Sul Court of Justice to suspend the lottery tender, with court costs paid by former deputy Roberto Razuk via Pix.
Source: Campo Grande News
