Minister Bruno Dantas, of the Federal Court of Accounts), granted an injunction suspending two bids for the purchase and installation of wireless internet equipment in buildings and units of the agency.
Dantas welcomed representation made by a company that complained that the criteria to participate in the bids were very restrictive, impairing the competition.
The main one was the requirement that the manufacturer would be recognized in a series of specific criteria defined by the American consultancy Gartner, specializing in the technology market.
Consulted, the technical area of the Court of Auditors agreed that the requirement was excessive, in what was chancelled by the minister.
“Although the Gartner Magic Quadant report can be used as a reference in preliminary technical studies, as it is considered a market analysis tool, its adoption as an eliminatory criterion in the notice would be inadequate,” said Dantas
He considered that there was a violation of the principles of “isonomy, reasonableness, proportionality, legality and objective judgment, by improperly limiting the participation of other technically capable suppliers to meet the public notices”.
“I recognize that it is not plausible to admit the restriction of bidders only to those who have provided equipment made by industries classified in a restricted ranking prepared by a private entity,” he said.
Only eight companies in the world could meet the technical requirements of the notice, which would impair competition.
Dantas pointed to loss of R $ 323 million to the public coffers because a company that did not meet the criteria of the notice was disqualified. The amount refers to the difference to the price charged by the winner of the event.
The minister also gave the defense 15 days and maintained the suspension of bids until the judgment of the merit.
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