The International Public Tender nº 39A000141/CP/01MIREME, launched in June last year by the Ministry of Mineral Resources and Energy (MIREME), was recently canceled by the Administrative Court of the City of Maputo (TACM). The annulment grants the request of SICPA, a company that had been, since 2018, providing the service of marking petroleum products in the country. Remember that SICPA asked to cancel the tender, alleging lack of transparency in conducting the process of selecting a new supplier of the fuel marking service, by MIREME. A year later, the TACM granted the request of that Swiss-owned company. According to Judgment No. 44/TACM/021, dated June 2, 2021, to which the newspaper “Notícias” had access, the panel of TACM judges accepted SICPA’s allegations, namely on defects such as violation of the principles of legality, transparency and impartiality provided for in the Regulations for Contracting Public Works, Supply of Goods and Provision of Services to the State. The periodical also says that the TACM considered the company’s arguments of violation of the law, MIREME’s incompetence and lack of reasoning to be understandable. However, even with the decision to cancel the competition, a jurist consulted by “Letter” states that MIREME may, if desired, appeal to the last instance, since the measure was taken by a provincial-level court. It should be noted that while the process was going on in court, the Government decided to take on the responsibility of marking fuel from the 1st of December last year. In addition to the SICPA of the contest now canceled, the Brazilian Bureau Veritas, SACOM from Timor-Leste, and Apllus Moçambique participated. Fuel marking aims to reduce smuggling and tax evasion in the distribution of petroleum products, thus raising the level of revenue collected by the State. (Letter) Source: Mozambican Letter

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