The Court’s report, which conducted a technical analysis of the tender, identified issues such as disproportionate technical clauses and requirements, insufficient supporting documentation, and a “high potential to restrict competitiveness.”
“The absence of consistent technical studies, a phased timeline, objective criteria for PoC evaluation, and realistic dimensional parameters may pose risks to the fairness of the tender and the effectiveness of the contract, making it subject to future challenge or annulment,” states the report by counselor Márcio Monteiro, who is overseeing the matter at the TCE.
As reported by Jornal Midiamax, prior to the opening of proposals, the tender had already faced three requests—one for clarification and two for annulment. One of the annulment requests was filed by Jamil Name Filho, currently imprisoned in the maximum-security penitentiary of Mossoró (Rio Grande do Norte state) with a 26-year sentence. The request calls for the cancellation of the tender, alleging that the public notice contains “clear signs of bid rigging.”
However, the case also reached the TCE-MS. The complaint came from Name Filho and the company Criativa Technology—whose owner, Sérgio Donizete Balthazar, is a close friend of state deputy Neno Razuk.
Monteiro accepts complaint and suspends tender
On April 11, Monteiro ordered the suspension of the tender to select a company to manage Lotesul’s software. In his decision, he noted the need for further analysis of the complaints.
According to the complaint, both Name Filho and the company allege indications of bid rigging in several points of the public notice.
During the TCE-MS proceedings, the State Secretary of Finance, Flávio César Mendes de Oliveira, and the state tender coordinator, Ana Carolina Batista Braz, presented justifications and information regarding the complaints.
Recommendations
After analysis, the Court issued recommendations for the continuation of the tender, including:
*Review of the Preliminary Technical Study (ETP) with the inclusion of technical justifications for all requirements; proportional workload sizing; and a technical comparison between market solutions.
* Adoption of a modular functionality plan with a timeline for progressive deliveries, aligned with stages of approval, integration, and full operation.
* Formal definition of PoC (Proof of Concept) technical criteria, including objective indicators, standardized delivery formats, testing methodology, and validation phases.
- Review of the required performance metrics (TPS, annual volume) based on demographic and operational data, and scalability compatible with the local market.
Lottery creation reaches the STJ
The tender was launched on February 21 this year. However, the creation of the service had already been initiated during the administration of former governor Reinaldo Azambuja (PSDB). It was later blocked by the Superior Court of Justice (STJ).
Sefaz published a public notice for accreditation, authorization, and permission for lottery operators in the state in 2022. However, according to the department, the notice was challenged.
The bill to reinstate the old Lotesul was approved in the first discussion on July 15, 2021, by state deputies.
According to the public notice, the company selected will be the one offering the highest percentage of gross revenue. The minimum established is 16.17%.
In the tender documentation, the state points out that studies indicate the service has potential revenue of 0.85% of the state GDP. To put this into perspective, the estimate is that GDP will reach around R$227.8 bn (US$42bn) in 2025. This means that Lotesul could raise approximately R$1.9 bn (US$352m) this year if it were already operational.
Source: GMB
