Ambiguities in a tender notice for the supervision of works by Companhia Paulista de Trens Metropolitanos (CPTM) led the São Paulo State Court of Accounts to order the company to revise the document.
The tender notice involves the provision of specialized technical engineering services to supervise works on the new Francisco Morato train station on CPTM’s Line 7-Ruby. In February, the tender had already been suspended by injunction ordered by the TCE.
The decision upholds two representations challenging the tender notice. One of them was filed by Giamundo Neto Advogados, represented by Camillo Giamundo and Gabriela Soeltl. In it, the attorneys challenged the bid evaluation criterion, which left room for subjectivity in scoring and selecting bidders. They also pointed to ambiguity in the estimated budget for the works.
In ruling on the merits of the representations, the TCE confirmed the lack of clarity in the budget. According to the reporting member, Councilor Dimas Eduardo Ramalho, for the tender to proceed it is essential to break down the estimated budget, showing the cost of supervision services for each work. According to TCE-SP, this breakdown eliminates the risk of payments that do not match the services actually provided.
The TCE also recognized that the technical proposal evaluation criterion needs to be revised, as the current text leaves room for subjectivity. “The tender notice lacks a precise and objective definition that makes it possible to establish what is considered a Good presentation (3 points – Sufficient knowledge) or an Excellent one (5 points – In-depth knowledge), for example, and the necessary objectivity must be applied in the respective evaluation criteria”, explains the reporting member.
New station
On November 16, 2017, former governor Geraldo Alckmin signed the contract to build Francisco Morato station on Line 7-Ruby. The winning consortium was Spavias-Telar, for BRL 114.9 million. The execution period is 36 months from the service order, plus one year of assisted operation.
The tender halted by TCE-SP, worth more than BRL 22 million, would determine the company responsible for supervising these works.
Story by Tadeu Rover, originally published on 05.14.2018 on the CONJUR website (in Portuguese): https://www.conjur.com.br/2018-mai-14/tce-sp-manda-cptm-refazer-edital-supervisao-obras
