Second placed in the Metro, the consortium led by Agis Construção SA says that an error in calculating the ISS (Service Tax) rate of the winning proposal could inflate the cost of the contract by R$76 million.
The statement appears in an appeal in which the Agis-Ohla-Cetenco consortium contests the result of the auction that provides for the design and construction of tunnels and five stations in Guarulhos, on the so-called 19-celeste line.
Nove de Julho, which presented the best bid, counters: it says it is supported by legislation and that Agis’ appeal “was structured to create an environment of fanfare” based on “a deliberate strategy of disqualification and discredit”.
Andrade Gutierrez also appealed. The Tarcísio de Freitas (Republican) government has not yet analyzed any of the documents.
Both losers say that there are inconsistencies in the best proposal offered by the Chinese Yellow River and Highland Build and the Brazilian Mendes Júnior, the three members of Nove de Julho.
In the case of tax, the argument is that the consortium calculated the cost of the ISS (Service Tax) in Guarulhos, where five metro stations will be built, with a different rate from that which will be in force in 2026, when works are due to begin.
The percentage set for next year is 5%; the cost spreadsheet, in turn, uses 3.5%. According to Agis, this means an additional difference of R$76 million which, if considered, would place Nove de Julho in a position other than first.
For the consortium, the difference led the winners to present “an artificially reduced proposal”.
Nove de Julho contests: it states that the notes are false and designed to disqualify it as the winner of the auction. “Nothing, absolutely nothing, authorizes the caricature constructed by the appellant [consórcio Agis]”, these.
The group declared that the 3.5% represents the real cost of the rate and already considers products and services that are not included in the ISS calculation basis — such as construction materials or earthworks.
“The formation of the price in the bidding must reflect the effective taxation of the enterprise, and not the simple nominal rate of a certain tax”, he declared. There is a provision to this effect in the law that established the ISS, said the consortium, which did not respond to the company’s request for contact. Sheet.
“The narrative of ‘adventurism’, repeated without evidence, ignores that all the steps taken by the metro were fulfilled, that all the required documents were presented and that the bidding committee, after technical, commercial, financial and legal analysis, concluded that the project was fully qualified.
Nove de Julho consortium.”
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