Special Bidding Committee's response to VFWW's challenge

On September 10, 2025, VF Worldwide Holding Ltd. submitted a challenge letter regarding the requirements set forth in the republished Notice of Bidding of September 2nd, 2025. In its filing, the challenger argued that the Notice does not establish sufficiently clear and objective criteria for proving prior experience with electronic visas. The company further contends that, to safeguard the integrity of the process, bidders should be required to demonstrate the development and operation of a proprietary e-visa platform, fully designed and maintained by the bidder itself, and not operated under a third-party technological solution.

Decision

The challenge letter was submitted in a timely manner.

The Special Bidding Committee clarifies that the Notice of Bidding and its Annexes are sufficiently clear in establishing that the successful bidder itself shall be directly responsible for developing and operating the technological solution for electronic visas. In particular, Annex I makes this explicit in sections 3.1.1.2 and 5.3.4, and also prohibits subcontracting of the core services that form the object of the bid (section 4.3.1.2).

The Special Bidding Committee further rejects the request to establish a minimum threshold for the number of electronic visas to be processed, as well as the request to impose a minimum period of prior experience as qualification requirements. The Committee notes that the purpose of the Notice is precisely to ensure that bidders have demonstrated experience with electronic visas, and that such experience, even if limited in scope or duration, is sufficient to attest to the bidder’s capability.

As per Brazilian legislation, the definition of qualification criteria in public tenders lies within the exclusive prerogative of the Brazilian government, which exercises its discretion to balance the principles of competitiveness, proportionality, and adequacy to the object.

The Committee reaffirms that the qualification requirements remain as set forth in the Notice and its Annexes.