The Public Call No. 3/2023, promoted by the State Lottery of Paraná (Lottopar) with the aim of accrediting companies for the concession of the exploration of instant lottery, in physical or virtual form, has been suspended.
The decision is part of a precautionary measure ratified by the Plenary of the State Court of Auditors of Paraná (TCE-PR). It responded to a request made in Representation of Law No. 8,666/1993 (Bidding and Contracts Law) formulated by the companies International Gaming Technology Brazil Data Services Ltda. and Scientific Games Brazil Ltda.
Through the petition, the interested parties claimed that the bidding notice presents 'numerous disproportionate and unreasonable requirements,' which could lead to its illegality, especially since the entity has waived the use of the competition modality to carry out a public concession.
Decision
The rapporteur of the process, Counselor Fabio Camargo, sided with the representatives. According to him, Lottopar's choice of the accreditation bidding modality instead of the competition to promote the concession of a public service apparently violates Article 2, paragraph II, of Law No. 8,987/1995, amended by Law No. 14,133/2021, the New Law on Bidding and Administrative Contracts.
Thus, in addition to understanding the probable need for the entity to prepare a new bidding notice for the same object, Camargo also deemed it necessary for Lottopar, before that, to “formalize the regulations regarding the instant lottery modality, in the same way that it regulated fixed-odds betting prior to the 2023 bidding.”
The interim decision, made on January 23, was unanimously ratified by the other members of the collegiate body of TCE-PR in Ordinary Session No. 1/2024, the first of the year, held in person on Wednesday (January 24). The effects of the measure will be maintained until the merit judgment of the process unless its revocation occurs before that.
Lottopar's Statement
Below is the statement from Lottopar, dated January 25, regarding the suspension of the Public Call:
"Lottopar received on the night of yesterday, January 24, Wednesday, Dispatch No. 106/24 from the Office of Counselor Fábio de Souza Camargo determining the suspension of the instant lottery bidding notice, a measure that was immediately taken by this autarchy."
"The institution respects the determination of the State Court of Auditors of Paraná and is already taking the necessary measures to restore the progress of the bidding."
Source: GMB
