Brazil: The next steps for the execution of the bidding for the concession of the São Paulo Lottery operation to the private sector will be the holding of a public hearing

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São Paulo defines exclusivity and single lot model for state lottery operation

1/6/2022 | At its 28th meeting, held in December, the Council of the São Paulo State Government Partnership Program defined that the operation of the state lottery will be on an exclusive basis and will be granted in a single lot when the bidding for the choice of the concessionaire is held. The decision took into account the studies presented by 11 companies previously qualified for this phase of the event.

The Minutes of the 28th Ordinary Meeting of the Board of Directors of the State Privatization Program and of the Management Board of the State Program for Public-Private Partnerships were published in the Official Gazette. In it, the initial definitions for the next phase of the concession process to the private sector for the operation of the São Paulo Lottery are pointed out.

At the meeting, Arthur Abdallah Mundim, technical advisor to the Undersecretariat of Partnerships, indicated that the state will operate the modalities contained in Law 13756/18 (numerical forecasts, federal lottery, specific forecast, sports forecast, instant lottery and sports betting).

According to the advisor, the state opted, as indicated by the companies qualified to prepare the studies, for the exploration of the different lottery modalities in the exclusivity model and they will be granted in a single lot.

The next steps for the execution of the bidding for the concession of the São Paulo Lottery operation to the private sector will be the holding of a public hearing and consultation to hear the interested parties and society with a view to preparing the draft of the Bidding Notice as well as its annexes and contract model for the operation of the lottery within the state of São Paulo.

Meeting minutes

Strategic Projects and Actions

SECRETARY'S OFFICE

 STATE PARTNERSHIP PROGRAM

BOARD OF DIRECTORS OF THE DESTATISATION PROGRAM - CDPED

MANAGING COUNCIL OF THE PUBLIC-PRIVATE PARTNERSHIP PROGRAM - CGPPP

Minutes of the 28th Ordinary Joint Meeting, concerning the 264th Ordinary Meeting of the Board of Directors of the State Privatization Program, established under State Law No. 9,361, of 07/05/1996, and the 111th Ordinary Meeting of the Management Board of the State Partnership Program Public-Private, established by State Law 11.688, of 05/19/2004

Date: 12/20/2021, at 5:00 pm

Location: Bandeirantes Room – 1st floor (in person and via video conference)

Bandeirantes Palace

counselors

RODRIGO GARCIA – Deputy Governor of the State – Secretary of Government – ​​President of CGPPP, HENRIQUE DE CAMPOS MEIRELLES - Secretary of Finance and Planning – President of CDPED, NELSON LUIZ BAETA NEVES FILHO - Secretary of Budget and Management, RODRIGO FELINTO IBARRA EPITÁCIO MAIA - Secretary of Strategic Projects and Actions, CLAUDIA POLTO DA CUNHA, Deputy Attorney General, nominated representative of the State Attorney General Maria Lia Pinto Porto Corona, MARCOS RODRIGUES PENIDO - Secretary of Infrastructure and Environment, THIAGO RODRIGUES LIPORACI - Chief of Staff, nominated representative by the Secretary of Economic Development Patrícia Ellen Da Silva, JULIO SERSON – Secretary of International Relations.

guests

JOÃO OCTAVIANO MACHADO NETO – Secretary of Logistics and Transport/SLT, CAUÊ CASEIRO MACRIS - Chief Secretary of the Civil House, EDSON CARAM – Executive Secretary of the Department of Logistics and Transport/SLT, TOMÁS BRUGINSKI DE PAULA – Executive Secretary of the Secretary of Finance and Planning – Chief Executive Officer of Companhia Paulista de Partnerships/CPP, REINALDO IAPEQUINO - Executive Secretary of the Budget and Management Secretariat, ROBERTO FIGUEIREDO GUIMARÃES - Chief of Staff of the Budget and Management Secretariat, JOEL JOSÉ PINTO DE OLIVEIRA – Chief of Staff of the Civil House , PRISCILA UNGARETTI DE GODOY WALDER – Chief of Staff of the Department of Logistics and Transport/SLT, RODRIGO SARMENTO BARATA - Director of Institutional Affairs of the Regulatory Agency for Delegated Public Transport Services of the State of São Paulo/ARTESP,TARCILA REIS JORDÃO – Undersecretary for Partnerships at SPAE, GABRIELA MINIUSSI ENGLER PINTO PORTUGAL RIBEIRO – Executive Secretary for Partnerships.

Concession of Lottery Services in the State of São Paulo

Finally, the President of the CGPPP, RODRIGO GARCIA, put on the agenda the last item on the agenda, informing that the advances in the consolidation of the preliminary modeling of the project for the concession of lottery services in the State of São Paulo would be appreciated, considering the 11 studies delivered by authorized private initiative on 10/18/2021, arising from Public Call No. 04/2021 published on 07/08/2021. He recalled that such procedures were authorized by the Directors at the 23rd Ordinary Joint Meeting of CDPED and CGPPP on 06/29/2021, at which time the proposal submitted by the Budget and Management Secretariat/SPOG together with the Finance and Planning Secretariat was accepted , including the project in the State Partnership Program,

With the floor, the Technical Advisor of the Undersecretariat for Partnerships, ARTHUR ABDALLAH MUNDIM, began the presentation by reporting that the purpose of the concession is the provision of lottery services in the State of São Paulo, based on the paradigmatic decision of the Federal Supreme Court in 2020 that delimited that States can create differentiated products within the existing lottery modalities that are contemplated in federal legislation. Thus (i) the commercialization of lotteries is of a public service nature, (ii) the Federal Government's private attribution to legislate on lotteries does not preclude the material competence of the States to operate the lotteries, and (iii) the state legislations instituting and enabling the State lotteries are legal as long as they are within federal boundaries, thus allowing States to regulate and operate lottery services. He also clarified that it is not up to the States to create lottery modalities, other than those contemplated in federal legislation (Law No. 13,756/2018), enabling the design of differentiated products suitable for existing formats, which are: (i) Numerical Predictions: prediction of the numbers drawn; (ii) Federal Lottery (passive type): ticket already numbered with a result defined by lottery; (iii) Specific Prediction: indication of numbers from a set of predictions on whole numbers and from a football club; (iv) Sports Prediction: suggestion of a set of predictions on the outcome of one or more football matches; (v) Instant Lottery: immediately displays whether or not the player has been awarded any prizes; and (vi) Fixed Odds Bets:

Continuing his presentation, he pointed out that the premises of the reference model for the project consider the model based on “exclusivity” as the most appropriate, and the lottery modalities must be granted in a single lot. He ended by presenting a proposed schedule for the next referrals to the project.

Once the presentation was concluded and the doubts had been resolved, the President of the CGPPP put the matter for deliberation by the Councilors, who unanimously decided to accept the preliminary design of the project, and authorize the holding of the stages of hearing and public consultation of the drafts of the Public Notice, contract and other attachments.

There being nothing further to discuss, the President of the CGPPP, RODRIGO GARCIA, thanked everyone for their participation, closing the meeting, and drew up the minutes which, after being read and found to be in order, were signed by those present.

RODRIGO GARCIA

HENRIQUE DE CAMPOS MEIRELLES

NELSON LUIZ BAETA NEVES FILHO

RODRIGO FELINTO IBARRA EPITÁCIO MAIA

CLAUDIA POLTO DA CUNHA

MARCOS RODRIGUES PENIDO

THIAGO RODRIGUES LIPORACI

JULIO SERSON

JOÃO OCTAVIANO MACHADO NETO

 

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