Torre and Estre compete for Aracaju's garbage.

Max Augusto, from Jornal da Cidade - The companies 'Torre Empreendimentos' and 'Estre Ambiental' are competing in the bidding process to select the landfill that will receive the waste produced in the capital of Sergipe. Torre submitted a proposal of R$ 65 million, while its competitor, Estre, proposed R$ 82 million. However, last Sunday Torre filed a writ of mandamus requesting the annulment of the process. The evaluation of the proposals submitted in the bidding process will take place on the 20th of this month, after which the qualification envelopes will be opened.

Torre argued that the public bidding process was so restrictive that only two competitors, both already operating in Sergipe, submitted proposals. Despite failing to suspend the proceedings with the action judged in the first instance, the company has already appealed to the Court of Justice, but the judge in charge has not yet issued a decision, opting to hear the defendants first.

With the closure of the old Santa Maria landfill, the Estre landfill has been receiving the waste produced in the capital, based on an emergency contract. Emsurb then published Public Tender Notice (CP) 01/2013, for the hiring of a company specialized in the final disposal of urban solid waste.

Irregularities

In the text of the lawsuit, Torre's lawyers state that they detected some irregularities in the bidding process, including the provision for a 60-month contract – when Law 8.666/93 and several guidelines from the Federal Court of Accounts (TCU) and legal scholars determine that contracts should be established for 12 months, renewable for equal and successive periods, up to 60 months (justifying the extensions with proof of the price advantage obtained in this act).

Torre also claims that the 60-month term exceeds the Multi-Year Budget Plan, which is 48 months, and also states that another landfill is being built – which would be another reason for the contract to have a term of 12 months, with possible extension.

Favoritism

Another section of the tender notice could indicate possible favoritism, since it requires the presentation of the landfill's Operating License in the name of the bidder. As there is currently only one company in the state with this document, Torre believes that this goes against the law, which does not allow for ownership requirements, preventing other companies in the sector from participating in the bidding process.

New law

Among the issues raised, Torre also alleges that Law 12.305/10, the National Solid Waste Policy, which comes into effect in August of this year, was not followed at any point. According to Torre, the law mandates that waste production be reduced through educational campaigns; it specifies that composting of organic waste must be carried out and that another portion of the material must be sent for recycling, with only what is considered waste being landfilled. The company claims that the published tender does not specify this, which could lead to all waste being landfilled – resulting in a series of restrictions, including the cutting of federal funds.

Irregularity

In addition to all this, the competitor that offered the lowest price in the auction also stated that the Federal Public Prosecutor's Office (MPF) is investigating a possible irregularity in the licensing of the Estre transshipment unit in the municipality of Nossa Senhora do Socorro.

The Federal Public Prosecutor's Office (MPF) already has in its possession a document sent by Comar 2, from Recife, informing that the project does not have authorization from the agency for its installation, thus violating current legislation. Other problems include the failure to conduct an Environmental Impact Study, the lack of an Environmental Impact Report (EIA/RIMA), and the absence of a public hearing for its installation (even though the Aracaju City Hall requested it).