Two injunctions (temporary court resolutions) suspended the tender for the lease of 350 electric buses for the new public transport in São José dos Campos (SP), which was due to take place on 31 March.
The new model will be operated by Urbanizadora Municipal (Urbam), which took over leasing the buses after the city government decided to pay part of the cost of the new public transport in the city.
In one action, a company interested in participating in the tender alleged that there was a change in the public notice that postponed the deadline for delivery of the vehicles from 6 to 10 months.
With the change, the company argued that it would also be necessary to reopen the deadline for submission of proposals, as part of the project would have to be redone.
The company requested that the deadline be extended by 32 days for the readjustment, however, the city government gave only two days extra time. The court upheld the arguments and ordered the suspension.
In another lawsuit, a Colombian company interested in participating in the tender alleged, among other points, that the platform chosen for the tender only allows the registration of companies in the CNPJ, which the company, being from abroad, does not have.
The tender allows the participation of groups from outside the country as long as they have legal representatives and can prove that they have the necessary operational capacity, if they win. The court also upheld the application.
In a note, the Municipality of São José assured that it “evaluates positively the requests for adequacy” and informed that it “will make all the adjustments requested by the Justice and provide all the necessary clarifications for the republication of the public notice as soon as possible”. as possible”.
In early March, the São José dos Campos city council announced that Urbam will manage the city’s public transport. Urbanizadora will lease the buses that will be handed over to a company tendered by the municipal management for the operation of public transport. All the buses that will operate in the urban perimeter will be 100% electric.
Payment to the contracted company will also be made by Urbam, as well as fare management.
The changes were made after the contract with the Itapemirim Group fell through. In the previous model, an innovation flagship of the Felicio (PSD) government, the city would have divided technical, financial and operational operations.
In the event of a change, the technical management, i.e. the management of the service, remains with Urbam, which is a mixed capital company whose main shareholder is the city council.
The change was announced after the breach of contract with the Itapemirim Group in February. The company was chosen after a series of empty tenders for the management of transport in the city. The city government even amended the public notice to allow the same company to take over the service entirely, thus closing all transport with the group.
Since the tender, the opposition and the union questioned the participation of Itapemirim, which was in the process of judicial recovery. Shortly after the selection, the company had a series of legal and operational problems. The city broke the contract after it failed to meet the requirements of the contract.
The new model has no similarities to the old proposal. The drivers’ union questioned the move, claiming it was not discussed with councils and professionals. The union’s fear is that the current professionals will not be absorbed and will continue to work.