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companhia de saneamento básico do estado de são paulo - sabesp

SABESP INTERNATIONAL AUCTION 01.006/21

The funds for this agreement were released under RC SAP Purchase Order Nr. 10767673.

Common engineering services to provide maintenance and curb the vegetation growth of
networks and connections in the water distribution and sewage systems, replacing the
pavement (Global Sourcing), in the areas covered by the Regional Management Units UGRs
Jardins and Mooca - Downtown Business Unit.

To check the validity of the signatures, go to https://assinaturasabesp.1doc.com.br/verificacao/ and enter the code 071A-9000-F9B4-E7A9
Ricardo Daruiz Borsari
Metropolitan Officer

Signed by 1 person: RICARDO DARUIZ BORSARI

PGE Internac. 01.006/21 Pag. 1 of 327


CSS
Rev. 01/2021
companhia de saneamento básico do estado de são paulo - sabesp

CONTENTS

INTRODUCTION: PUBLICATION TEXT

CHAPTER I: GENERAL PROVISIONS

CHAPTER II: ACCREDITATION, PROPOSAL AND QUALIFICATION

CHAPTER III: PROCEDURE AND REASON

CHAPTER IV: DRAFT AGREEMENT TERMS

CHAPTER V: MODELS

CHAPTER VI: - REFERENCE TERM


- Exhibits Complete
- (file available for download – Anexos_Completo.pdf)
- REGULATION OF PRICES AND MEASUREMENT CRITERIA
- (file available for download – RPCM_Completo.pdf)
- PRICE SPREADSHEET
- QUANTITATIVE SPREADSHEETS AND UNIT PRICES
- DISBURSEMENT SCHEDULE
- SABESP PE RH 0003 PROCEDURE

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SABESP REGULATION

This Notice was prepared based on the Internal Bidding and Contracting Regulations of
Companhia de Saneamento Básico do Estado de São Paulo – SABESP, in effect, available on
SABESP’s website - www.sabesp.com.br.

Thus, this an instrument that specifies the procedures to be adopted to meet the standards
established by SABESP, under the provisions of Federal Law 13303, of June 30, 2016.

Regarding the bidding, the bidding procedure will adopt the Auction mode, instituted by Federal
Law 10520/02, as per Item IV of Article 32 of Federal Law 13303/16.

The agreement to be signed by SABESP from this bidding procedure is regulated by its clauses,
Federal Law 13303, of June 30, 2016 and by the precepts of private law.

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companhia de saneamento básico do estado de são paulo - sabesp

SABESP REGULATION

This Notice was prepared based on the Internal Bidding and Contracting Regulations of
Companhia de Saneamento Básico do Estado de São Paulo – SABESP, in effect, available on
SABESP’s website - www.sabesp.com.br.

Thus, this an instrument that specifies the procedures to be adopted to meet the standards
established by SABESP, under the provisions of Federal Law 13303, of June 30, 2016.

Regarding the bidding, the bidding procedure will adopt the Auction mode, instituted by Federal
Law 10520/02, as per Item IV of Article 32 of Federal Law 13303/16.

The agreement to be signed by SABESP from this bidding procedure is regulated by its clauses,
Federal Law 13303, of June 30, 2016 and by the precepts of private law.

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companhia de saneamento básico do estado de são paulo - sabesp

CHAPTER I - GENERAL PROVISIONS

SUB-PARAGRAPH A -ELECTRONIC CONTRACTING ENVIRONMENT; SUMMARY ON THE


AUCTION MODE AND APPLICABLE LAW

1- ELECTRONIC CONTRACTING ENVIRONMENT

1.1 - The Electronic Contracting environment is part of the Bidding Management System - SGL,
managed by the Superintendence of Procurement and Strategic Contracting.

a) The Public Session in SABESP's Electronic Contracting environment is carried out by


INTERNET, supported by an information technology tool that allows the procedures during
public sessions.

b) Regardless of passwords or authorizations, any interested party, including control and


inspection bodies, can monitor the entire development of the works carried out during the
Public Session through SABESP’s website.

1.2 - The Electronic Contracting environment uses encryption and authentication features to
ensure adequate security conditions at all event stages.

a) The Electronic Contracting environment has security devices that remove the breach of the
confidentiality of the proposals, by any person in general and SABESP, before inspected by
SABESP and ensure the traceability of the origin of events carried out in the Public Session,
safeguarding the seriousness and credibility of the process.

1.3 The Electronic Contracting environment mirrors the rules of SABESP's Internal Bidding and
Contracting Regulations, reproducing the procedures sequentially, enabling the receipt of
Proposals, holding the Public Session, and providing transparency, speed, and security to the
acts.

1.4 - The Electronic Contracting environment makes it possible to receive Proposals and hold the
Public Session of the event via “INTERNET, guaranteeing, through a fair dispute between the
interested parties, the most economical, safe, agile, and efficient contracting.

a) The Electronic Contracting environment can be used for any estimated contract value.

1.5 - In the Electronic Contracting environment, all facts related to the bidding are recorded, with
the Accreditation of the Bidders' Representatives, the statements linked to the public notice,
the prices of the original Proposals, selection of the Bidders to the bidding phase, the bidding
rounds, the negotiation phase, qualification, procurement when possible, or another final
result.

1.6 - At the end, the system provides the history of registration of Proposals and Bids, the result
with the classification, in order of final amounts offered, negotiation record and the final result
of the event with the indication of the winner or if it was considered a failure or desert.

1.7 - The minutes of the Public Session are obtained from the facts recorded in the Electronic
Contracting environment.

1.8 - It is the exclusive responsibility of the Bidder to operate the electronic system, via
“INTERNET”, in the participation in the event, which presumes its full capacity to carry out the
transactions inherent to the event.

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PUBLICATION TEXT
SABESP INTERNATIONAL AUCTION CSS 01.006/21

Companhia de Saneamento Básico do Estado de São Paulo – SABESP notifies all interested
parties, including Brazilian and foreign companies and entities established in Brazil and abroad,
cooperatives, investment funds, private pension entities and financial institutions, of the opening of
SABESP INTERNATIONAL AUCTION 01.006/21 – Common engineering services to provide
maintenance and curb the vegetation growth of networks and connections in the water distribution
and sewage systems, replacing the pavement (Global Sourcing), in the areas covered by the
Regional Management Units UGRs Jardins and Mooca - Downtown Business Unit.

The contractual term will be 1260 (one thousand, two hundred and sixty) consecutive days.

For the execution of the object, SUBCONTRACTING will be allowed under the conditions provided for in
this Contracting Instrument.

Accreditation is an act conditioning the Bidder's participation in the Public Session. The
Accreditation Request will be permanently open on SABESP’S website - www.sabesp.com.br in
the supplier's access.

The submission of "Proposals" will occur from midnight on June 28, 2021, until 9 a.m. on June 29,
2021, on SABESP’s website - in the supplier's access. The Public Session will start at 9 a.m.

The Budget Spreadsheet of the bidding procedure will be filled out in a specific SCREEN of the
Electronic Contracting environment with the total price of the proposal and never with unit
prices for services.

SABESP warns that the established deadline refers to the condition to submit “Proposal” by the
Bidder as established in this Notice. It is impossible to receive “Proposals” after the time
established above, whatever the claim may be.

Regardless of passwords or authorizations, any interested party will be able to follow the entire
development of the works carried out during the Public Session on SABESP’s website.

The full notice is available as of May 12, 2021, on SABESP’s website –


www.sabesp.com.br in the supplier’s access.

Consultations and supplementary information via email: alopes@sabesp.com.br - Phone Number:


(11) 3388-6563 – Adriana.

São Paulo, May 11, 2021.

EXECUTIVE BOARD

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 conducting the procedure, including in the bidding phase; and negotiating with the Bidder
with the best offer to obtain an acceptable price, if necessary;
 analyzing the Proposals and declassifying those that did not meet the requirements set out
in the Public Notice;
 proceeding with the classification of the Offers according to the increasing order of values
at the end offered and motivated decision as to the acceptability of the lowest price;
 negotiating better conditions with the Bidder with the best bid;
 adjudicating the object of the contest to the winning Bidder, if there has been no statement
of intent to appeal in the Public Session;
 preparing the minutes of the Public Session;
 receiving the resources;
 forwarding the suitably instructed process to the higher authority for the exercise of the
duties defined in Items V, VI and VII of Article 3 of State Decree 47297, of November 6,
2002.

a) The Auctioneer's duties are carried out with the Support Team's assistance, which monitors the
entire development of the Auction. The team members were regularly assigned together with
the Auctioneer.

2.7 - Bidding in the Auction mode is legally conditioned to the basic principles of legality,
impersonality, morality, equality, publicity, administrative probity, binding to the calling
instrument, objective judgment, as well as to the related principles of speed, purpose
reasonableness, proportionality, competitiveness, fair price, selectivity, and objective
comparison of the Proposals.

a) The disciplinary rules of the event will always be interpreted in favor of expanding the
competition, always observing the principle of reasonableness, as long as they do not
compromise the public interest, the purpose, and the security of the contracting.

3- APPLICABLE LAW AND LANGUAGE

3.1 - This bidding procedure applies to:

a) Federal Law 10520, of July 17, 2002, State Decree 47297, of November 6, 2002, State
Decree 49722, of June 24, 2005, and its amendments, and in the alternative, as applicable to
the Federal Law 8666, of June 21, 1993, and its amendments; regarding the event.

b) Federal Law 13303, of June 30, 2,016, regarding the agreement to be signed;

c) the Internal Bidding and Contracting Regulations of Companhia de Saneamento Básico do


Estado de São Paulo – SABESP, in effect, available on SABESP’s website –
www.sabesp.com.br, in what applies to the Auction.

d) the general rules related to the treatment provided for in Chapter V of Complementary Law
123/06 and its subsequent amendments and other instruments, which attributed the same
treatment to other companies;

e) Federal Law 12846, of August 1, 2013, which provides for the objective administrative and
civil liability of legal entities for acts against the public administration, national or foreign;
effective as of January 28, 2014, and State Decree 60106, of January 29, 2014, which
governs the application, within the scope of the State Public Administration, of provisions of
Federal Law 12846/13.

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companhia de saneamento básico do estado de são paulo - sabesp

CHAPTER I - GENERAL PROVISIONS

SUB-PARAGRAPH A -ELECTRONIC CONTRACTING ENVIRONMENT; SUMMARY ON THE


AUCTION MODE AND APPLICABLE LAW

1- ELECTRONIC CONTRACTING ENVIRONMENT

1.1 - The Electronic Contracting environment is part of the Bidding Management System - SGL,
managed by the Superintendence of Procurement and Strategic Contracting.

a) The Public Session in SABESP's Electronic Contracting environment is carried out by


INTERNET, supported by an information technology tool that allows the procedures during
public sessions.

b) Regardless of passwords or authorizations, any interested party, including control and


inspection bodies, can monitor the entire development of the works carried out during the
Public Session through SABESP’s website.

1.2 - The Electronic Contracting environment uses encryption and authentication features to
ensure adequate security conditions at all event stages.

a) The Electronic Contracting environment has security devices that remove the breach of the
confidentiality of the proposals, by any person in general and SABESP, before inspected by
SABESP and ensure the traceability of the origin of events carried out in the Public Session,
safeguarding the seriousness and credibility of the process.

1.3 The Electronic Contracting environment mirrors the rules of SABESP's Internal Bidding and
Contracting Regulations, reproducing the procedures sequentially, enabling the receipt of
Proposals, holding the Public Session, and providing transparency, speed, and security to the
acts.

1.4 - The Electronic Contracting environment makes it possible to receive Proposals and hold the
Public Session of the event via “INTERNET, guaranteeing, through a fair dispute between the
interested parties, the most economical, safe, agile, and efficient contracting.

a) The Electronic Contracting environment can be used for any estimated contract value.

1.5 - In the Electronic Contracting environment, all facts related to the bidding are recorded, with
the Accreditation of the Bidders' Representatives, the statements linked to the public notice,
the prices of the original Proposals, selection of the Bidders to the bidding phase, the bidding
rounds, the negotiation phase, qualification, procurement when possible, or another final
result.

1.6 - At the end, the system provides the history of registration of Proposals and Bids, the result
with the classification, in order of final amounts offered, negotiation record and the final result
of the event with the indication of the winner or if it was considered a failure or desert.

1.7 - The minutes of the Public Session are obtained from the facts recorded in the Electronic
Contracting environment.

1.8 - It is the exclusive responsibility of the Bidder to operate the electronic system, via
“INTERNET”, in the participation in the event, which presumes its full capacity to carry out the
transactions inherent to the event.

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1.5 - The situations listed in items 1.3 and 1.4 of this sub-paragraph make it impossible to
participate in the Auction in SABESP.

1.6 - Access to the Electronic Contracting environment to participate in bidding procedures will only
be allowed to those who have obtained the Public Notice by downloading it from
SABESP’s page - www.sabesp.com.br in the supplier's access, where the interested party
will find the necessary information to obtain the personal and non-transferable password for
that purpose.

1.7 - The participation of cooperatives in biddings promoted by the Direct and Indirect Government
of the State of São Paulo will be allowed, provided that the terms of Decree 57159/11 are
met.

1.8 - In the case of a foreign company, the latter must have legal representation in Brazil, with
express powers to receive a summons and respond administratively and judicially.

2- Bidders will be allowed to participate in a consortium.

2.1 - Specific conditions for participation in a consortium:

a) Participation in a consortium of a company participating as an isolated Bidder in the same


bidding procedure will not be allowed. The participation of the same company as a
consortium in more than 01 (one) consortium in the same bidding procedure will not be
allowed.

b) The consortium may be formed by Brazilian companies and entities and/or foreign entities
established in Brazil and/or foreign entities. Its leadership will fall to the nominated member,
with express powers to receive a summons and respond administratively and judicially.

c) In winning the consortium, the consortium formed exclusively by foreign companies will have
a period of 30 (thirty) days to establish itself in Brazil, in compliance with the relevant
legislation.

d) Only the participation of interconnected companies will be allowed when in the same
consortium;

e) Specialized companies, in the simple condition of supplier of goods, or that may eventually
be subcontracted, exclusively for the performance of ancillary services or complementary to
the realization of the object, may compose the offers of more than one Bidder;

f) In the case of participation in a consortium, the treatment provided for in Complementary Law
123/06, provided for in item 3 below, can only benefit companies with the same treatment,
regardless of the total annual revenue exceeding the limit provided for in Article 3, Item II of
Complementary Law 123/06 and its amendments.

g) The leader of the consortium must be an engineering company.

3- Specific conditions for the treatment provided for in Complementary Law 123/06:

3.1 - The treatment provided for in Complementary Law 123/06 will be ensured to companies that
meet Article 3, as long as they are not included in the prohibitions provided for in Paragraph
4 of the same article, as well as the others qualified by future legislation.

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1.9 The responsibility of SABESP's General Registry of Suppliers is to provide a password to


operate the computerized system for the Competent Authority and SABESP’s employees
designated to conduct the bidding procedure.

1.10 The Bidder will be responsible for all transactions carried out on his behalf through his
password to access the electronic system, assuming that his Proposals, bids, and pertinent
statements are firm and true.

1.11 The Bidder is also responsible for monitoring the operations of the computerized system
during the Public Session, responsible for the burden resulting from loss of business in the
event of non-compliance with any messages issued by the system or for its disconnection.

1.12 In the event of disconnection from the SABESP server, due to technical problems during the
competitive stage of the bidding process, the electronic system may remain accessible to
Bidders to receive bids, resuming SABESP's server(s), when possible, the participation in the
event, without prejudice to the acts performed.

1.13 In the event of disconnection due to technical problems occurring on SABESP’s website, at
any stage of the bidding process, SABESP will resume the process, deciding on its
continuity, without prejudice to the acts performed.

1.14 In any case, when the disconnection persists for more than ten minutes, the session may be
suspended and restart only after express communication to the Bidders or after the
knowledge of all Bidders, SABESP will proceed with the Public Session.

2- SUMMARY ON THE AUCTION MODE

2.1 - The Auction is the Bidding mode to acquire common goods and services, including
engineering, in which the dispute for contracting is made in Public Session, through
Proposals and Bids, for the classification of the offer and the qualification of the Bidder
holding the Offer for the Lowest price. When carried out through the use of information
technology resources, Electronic Auction promotes communication via “INTERNET” and
enables the receipt of Proposals and holding the Public Session of the event.

2.2 - Common goods and services are those whose performance and quality standards can be
objectively defined by the Public Notice through usual specifications in the market. These are
goods and services with a significant offer in their market segment, easy to compare,
ensuring the contracting decision based on the lowest price.

2.3 - Construction works, real estate leases, and disposals, in general, do not constitute objects
that can be contracted through Auction;

2.4 - For the execution of agreements by SABESP, for the acquisition of common goods and
services, the auction may be adopted using the information technology resources, which is
intended to guarantee, through a fair dispute between the interested parties, the more
economical, safe, agile, and efficient contracting.

a) SABESP Auction can be used for any estimated contract amount and only authorizes the lowest
price as a criterion to judge the Proposal.

2.5 - The Auction will be under the responsibility of a SABESP employee, designated Auctioneer.

2.6 - The Auctioneer is responsible for:


 proceeding with the opening of the Proposals, their analysis and classification;
 promoting possible sanitation at any stage of the Public Session, if necessary;

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7 - If the terms of this Notice are not objected or they have not been the reason for a timely request
for clarification, it is assumed that the elements provided are sufficient for the correct
formalization of the proposal by the interested party, binding SABESP and the Bidder to its
terms.

8 - The Dossier of the process and the respective documents that constitute it are available, open
to interested parties at any stage of the process.

8.1 - For more comfort of the interested parties and aiming at the operationality of the act, the
Bidder must set a date and time with the analyst responsible for the bidding procedure, as
stated in the Publication Text (Consultations and Supplementary Information), of this Notice.

SUB-PARAGRAPH E - DEFINITIONS AND CONCEPTS

Without prejudice to the concepts in Title VIII - Glossary of Definitions of SABESP’s


Internal Bidding and Contracting Regulations in the documents included in this Notice,
the terms described below shall have the following meanings, except when the text
specifically indicates otherwise:

CAT - Technical Collection Certificate issued by CREA for Engineering and Agronomy
professionals.

HUBS - represent SABESP's Business Units and Administrative Complexes with address
and Corporate Taxpayer’s ID (CNPJ), where physical and financial controls of inventories are
carried out.

CREA-SP - Regional Council of Engineering and Agronomy of the State of São Paulo, a
regional inspection body for the professional work of engineering and agronomy in its region.

CAU-SP - São Paulo Council of Architecture and Urbanism, a regional inspection body for
the architect's professional work.

JUDGING CRITERION - set of rules in the Public Notice to define the analysis of the
Proposals and corresponding classification and the Qualification Documents. Given that the
proposal will be placed in the Auction’s Budget Spreadsheet, filled in the system-specific
SCREEN with the total amount of the proposal and never with unit prices for services, the
commercial judgment will always fall on the total amount offered.

PRICE REFERENCE DATE - date to be considered when preparing bidders' proposals.

SUPPLY MANAGEMENT DEPARTMENT - CSG, SABESP's administrative unit, responsible


for SABESP's General Register of Suppliers and making passwords available.

DEPOSITS - represent SABESP units, which receive purchased materials.

SUPPORT TEAM - group of people officially designated to provide the necessary assistance
to the Auctioneer in his tasks.

PURCHASE ORDER - is the official document that contains guidelines for delivery (in the
case of materials) and billing (in the case of materials), and measurement and billing (in the
case of general services, engineering services and works). Purchase Orders are
sequentially numbered differently from the Purchase Request, Bidding and Agreement
numbers.

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 conducting the procedure, including in the bidding phase; and negotiating with the Bidder
with the best offer to obtain an acceptable price, if necessary;
 analyzing the Proposals and declassifying those that did not meet the requirements set out
in the Public Notice;
 proceeding with the classification of the Offers according to the increasing order of values
at the end offered and motivated decision as to the acceptability of the lowest price;
 negotiating better conditions with the Bidder with the best bid;
 adjudicating the object of the contest to the winning Bidder, if there has been no statement
of intent to appeal in the Public Session;
 preparing the minutes of the Public Session;
 receiving the resources;
 forwarding the suitably instructed process to the higher authority for the exercise of the
duties defined in Items V, VI and VII of Article 3 of State Decree 47297, of November 6,
2002.

a) The Auctioneer's duties are carried out with the Support Team's assistance, which monitors the
entire development of the Auction. The team members were regularly assigned together with
the Auctioneer.

2.7 - Bidding in the Auction mode is legally conditioned to the basic principles of legality,
impersonality, morality, equality, publicity, administrative probity, binding to the calling
instrument, objective judgment, as well as to the related principles of speed, purpose
reasonableness, proportionality, competitiveness, fair price, selectivity, and objective
comparison of the Proposals.

a) The disciplinary rules of the event will always be interpreted in favor of expanding the
competition, always observing the principle of reasonableness, as long as they do not
compromise the public interest, the purpose, and the security of the contracting.

3- APPLICABLE LAW AND LANGUAGE

3.1 - This bidding procedure applies to:

a) Federal Law 10520, of July 17, 2002, State Decree 47297, of November 6, 2002, State
Decree 49722, of June 24, 2005, and its amendments, and in the alternative, as applicable to
the Federal Law 8666, of June 21, 1993, and its amendments; regarding the event.

b) Federal Law 13303, of June 30, 2,016, regarding the agreement to be signed;

c) the Internal Bidding and Contracting Regulations of Companhia de Saneamento Básico do


Estado de São Paulo – SABESP, in effect, available on SABESP’s website –
www.sabesp.com.br, in what applies to the Auction.

d) the general rules related to the treatment provided for in Chapter V of Complementary Law
123/06 and its subsequent amendments and other instruments, which attributed the same
treatment to other companies;

e) Federal Law 12846, of August 1, 2013, which provides for the objective administrative and
civil liability of legal entities for acts against the public administration, national or foreign;
effective as of January 28, 2014, and State Decree 60106, of January 29, 2014, which
governs the application, within the scope of the State Public Administration, of provisions of
Federal Law 12846/13.

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1.3 - The disclosure of the acts about this event and subject to disclosure, as well as the result of
this SABESP Auction, will be disclosed on the SABESP website - www.sabesp.com.br in the
supplier's access.

SUB-PARAGRAPH I - COMMITMENT TO PRESENTING THE “PROPOSAL”

Any Bidder who submits a “Proposal” to this bidding procedure will automatically and unquestionably
commit to the following:

1 - When submitting to SABESP the Proposal related to this event, the Bidder assumes full
responsibility for any errors or omissions that may be verified in their preparation.

2 - The prices offered are in cash and refer to the Price Reference Date - according to Sub-
Paragraph - Commercial Proposal - Chapter II, of this Notice.

3 - If the Proposal is accepted, it tacitly agrees, within the term stipulated by SABESP, to sign the
resulting Agreement.

4 - The Bidder also agrees to maintain the conditions offered for a period of 60 (sixty) days from
the deadline established for sending the "Proposal", which may be extended at any time
before the end of that period.

5 - The Bidder states, under the applicable penalties, the non-occurrence of a fact that prevents
qualification after the issuance of its Registration Form, keeping the conditions that
culminated in its certification with the Unified Registry of Suppliers of the State of São Paulo -
CAUFESP, except the provisions of Article 43 of Complementary Law 123/06.

SUB-PARAGRAPH J - CODE OF CONDUCT AND INTEGRITY

1 SABESP, in its Mission of “providing sanitation services, contributing to the improvement of the
quality of life and the environment”, is a socially responsible Company committed to legality,
ethics and transparency, which operates with the Vision of “being world reference in the
provision of sanitation services, in a sustainable, competitive and innovative way, with a
focus on the client”.

2 It acts as an agent of sustainable development, basing its economic performance on the practice
of environmental responsibility to generate well-being for its employees, the communities
where it operates and the country.

3 - The Social Responsibility movement, assumed as a most important commitment for SABESP,
aims to improve its business practice and contribute to the fulfillment of its mission, which is
based on ethical management and sustainability and has, in its Code of Conduct and
Integrity, the main guiding reference.

4 For SABESP, the Code of Conduct and Integrity, built through a broad participatory process,
summarizes the set of ethical principles and standards observed throughout SABESP's
existence, which are consolidated in statements to guide and direct the way the Company
relates to its diverse audiences: managers, employees, customers, shareholders, investors,
suppliers, partners, third parties, government, community, and society in general.

5 Thus, adopting the Code of Conduct and Integrity to consolidate and expand the already earned
reputation of a socially responsible company is essential for SABESP.

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f) the bid, as well as all mails and documents related to the bid sent by the Bidder must be
written in Portuguese (BR), the official language of the Bid. Documents originally issued
in other languages must translate into Portuguese prepared by a sworn translator in Brazil.
When there is a legal obligation, the documents must be notarized and legalized by Brazil’s
Consulate in the document's country of origin. To interpret the Proposal, this translation will
be valid.

g) The Hague Convention of August 14, 2016, applies to this bidding process, with the Apostille
replacing “consularization” and giving international validity to the foreign public document
submitted by countries that joined the treaty.
The single legalization, via Apostille, does not apply to countries that have not adhered to the
treaty, with the requirement for legalization of foreign public documents remaining.

SUB-PARAGRAPH B - TYPE OF BIDDING AND AGREEMENT EXECUTION SYSTEM

1- This event is of the lowest price type.

2- The system for the execution of services is that of contracting at a unit price.

SUB-PARAGRAPH C - CONDITIONS FOR PARTICIPATION

1- General Conditions:

1.1 - All interested parties, including Brazilian and foreign companies and entities established in
Brazil and abroad, cooperatives, investment funds, private pension entities and financial
institutions that fulfill the conditions of Accreditation in this Notice and that are duly registered
in any CAUFESP Registration Unit, as a headquarters or subsidiary, can participate in the
event.

1.2 - Participation in the event of the headquarters or a single subsidiary of the Bidder will be allowed.

1.3 - Participation in the bidding procedure of companies in bankruptcy will not be allowed.

a) Participation in the bidding procedure of companies in judicial and/or extrajudicial recovery will
be admitted, provided that they present in the qualification phase, proof of approval by the
competent court of the judicial/extrajudicial recovery plan in force.

1.4 - The following companies are also prohibited from participating in this event:

a) temporarily suspended and prevented from contracting within the scope of the Government
of the State of São Paulo, under Decree 48999, of September 29, 2004 and Item IV of
Article 194 of Sabesp's Internal Bidding and Contracting Regulations;

b) reported untrue in any of the spheres of Government, under Paragraph 4 of Article 245 of
Sabesp's Internal Bidding and Contracting Regulations;

c) who are banned due to environmental crimes under Article 10 of Law 9605/98,

d) holders of the CAUFESP Registration Form in the following situations: Temporary


Suspension, Disqualification, Impediment to Bid and Contract and Inactive,

e) that are under other prohibitions foreseen by the current legislation.

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SUB-PARAGRAPH L - ANTI-CORRUPTION LAWS - SABESP'S CONDUCT

1 SABESP conducts its business in a legal, ethical, transparent, and professional manner, under
the general requirements of the anti-corruption laws and extends to its employees and the
third parties, who represent it, the obligation to assimilate, accept and execute these
guidelines.
2 As a result, SABESP requires that its contracted parties conduct their business in such a way as
to prevent the practice of harmful acts against the Public Administration, national or foreign,
that violate the national or foreign public patrimony, against public administration principles or
any other laws and regulations applicable to bribery or corruption.

SUB-PARAGRAPH M - PROVISION OF SERVICES WITH SUPPLY OF MATERIALS OR


EQUIPMENT

Whenever the provision of services involves the supply of materials and/or equipment, the
CONTRACTED PARTY shall issue an invoice for the service provided and another invoice
for the supply of the item.

SUB-PARAGRAPH N - VISIT TO THE LOCATION OF SERVICES (Recommended)

1 - It is recommended that the Bidder visit the location(s) of the services, which must occur before
the Public Session, to be informed of all aspects related to its execution. For all purposes, the
Bidder shall be deemed to have full knowledge of the nature and scope of the services. The
Bidder may not subsequently claim insufficient data and/or information on the location(s) and
conditions relevant to the object of the agreement.

1.1 - Visits may be carried out by any responsible person appointed by the Bidder.

a) It is recommended that the visits be carried out by the technical person responsible for the
Bidder before CREA/CAU, or by the professional indicated by it to perform the function of a
technical person, the object of this Bidding, according to subitem 4.3, item 4 - Technical
Qualification, Sub-Paragraph D of Chapter II of the Public Notice.

1.2 - Visits can be scheduled: Marcelo Renato Silva Andrade – MCJL – (11) 983712810
– Email: mrsandrade@sabesp.com.br / Luciano Evangelista Sousa – (11) 983712820 –
Email: lesouza@sabesp.com.br / Douglas Rodrigues da Silva – MCBM – (11) 983712833 –
Email: douglasrodrigues@sabesp.com.br / Eduardo Vitalino da Silva – MCBM – (11)
983712871 – Email: evitalino@sabesp.com.br.

SUB-PARAGRAPH O -PERSONAL DATA PROCESSING - GENERAL PERSONAL DATA


PROTECTION LAW - LGPD

1 SABESP, as a personal data processing agent, describes in its Personal Data Privacy Policy
how this data is processed (collection, storage, processing, sharing and disposal) to provide
the company's services.

2 Besides complying with specific legislation, the Policy determines guidelines for the treatment of
personal data provided to SABESP, collected by it, or shared between its service providers
and partners.

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1.5 - The situations listed in items 1.3 and 1.4 of this sub-paragraph make it impossible to
participate in the Auction in SABESP.

1.6 - Access to the Electronic Contracting environment to participate in bidding procedures will only
be allowed to those who have obtained the Public Notice by downloading it from
SABESP’s page - www.sabesp.com.br in the supplier's access, where the interested party
will find the necessary information to obtain the personal and non-transferable password for
that purpose.

1.7 - The participation of cooperatives in biddings promoted by the Direct and Indirect Government
of the State of São Paulo will be allowed, provided that the terms of Decree 57159/11 are
met.

1.8 - In the case of a foreign company, the latter must have legal representation in Brazil, with
express powers to receive a summons and respond administratively and judicially.

2- Bidders will be allowed to participate in a consortium.

2.1 - Specific conditions for participation in a consortium:

a) Participation in a consortium of a company participating as an isolated Bidder in the same


bidding procedure will not be allowed. The participation of the same company as a
consortium in more than 01 (one) consortium in the same bidding procedure will not be
allowed.

b) The consortium may be formed by Brazilian companies and entities and/or foreign entities
established in Brazil and/or foreign entities. Its leadership will fall to the nominated member,
with express powers to receive a summons and respond administratively and judicially.

c) In winning the consortium, the consortium formed exclusively by foreign companies will have
a period of 30 (thirty) days to establish itself in Brazil, in compliance with the relevant
legislation.

d) Only the participation of interconnected companies will be allowed when in the same
consortium;

e) Specialized companies, in the simple condition of supplier of goods, or that may eventually
be subcontracted, exclusively for the performance of ancillary services or complementary to
the realization of the object, may compose the offers of more than one Bidder;

f) In the case of participation in a consortium, the treatment provided for in Complementary Law
123/06, provided for in item 3 below, can only benefit companies with the same treatment,
regardless of the total annual revenue exceeding the limit provided for in Article 3, Item II of
Complementary Law 123/06 and its amendments.

g) The leader of the consortium must be an engineering company.

3- Specific conditions for the treatment provided for in Complementary Law 123/06:

3.1 - The treatment provided for in Complementary Law 123/06 will be ensured to companies that
meet Article 3, as long as they are not included in the prohibitions provided for in Paragraph
4 of the same article, as well as the others qualified by future legislation.

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CHAPTER II - ACCREDITATION, PROPOSAL AND QUALIFICATION

SUB-PARAGRAPH A - ACCREDITATION AND ACCESS TO PARTICIPATION IN THE

BIDDING

The following paragraphs guide all interested parties, including foreign companies, cooperatives,
investment funds, private pension entities and financial institutions, observing the specific market
segments not included in the list of documents required by CAUFESP.

ACCREDITATION
SUB-PARAGRAPH A1 - Isolated Participation

1 - Accreditation is an act conditioning the participation of the Bidder in events held in electronic
form. In turn, Registration at CAUFESP is mandatory to obtain Accreditation.

2 - Access to the register is available on the SABESP website, at the SUPPLIER PORTAL, through
which services are available 24 hours a day, seven days a week, to suppliers. Phone calls
may also be made during business hours:
(11) 3388-6724 and 3388-6812. In this Supplier Portal, the Access Manual is available in
the New Suppliers option.

3 - The company representative must provide his/her registration as an Individual on the


SABESP website. Then you must ask SABESP for the link with the Legal Entity(ies) you
wish to represent. The Representative may initiate registering the Legal Entity if the Legal
Entity does not already have it.

a) For the registration process, the basic data of the interested company must be informed, such
as company name, address, registration number in the National Register of Legal Entities -
Corporate Taxpayer’s ID, e-mail, name of the representative and corresponding Individual
Taxpayer’s ID, and market segments where it operates, as long as authorized by the
constitutive acts or their amendments.

4 - Once the bond has been approved, SABESP will make available the document “Accreditation
Request” for participation in electronic processes. The Accreditation Request must be
signed by the Director, Partner or Attorney of the Company, and the representative, with the
respective recognition of signatures.

5 - If there is a change in the appointment of the legal representative, the Director/Partner/Attorney


of the accredited company must immediately communicate such change to SABESP.

6 - The "Accreditation Request" must be sent/presented at SABESP promptly for analysis and
clearing/approval of the accreditation at Av. Do Estado, 561 - Ponte Pequena - São Paulo,
Capital - Unit I - Department of Management Supplies
- CSG/Registration, together with the duly authenticated trade registry, bylaws, or articles of
association in force (if these are no longer in possession of the CSG/Registration), in which
the powers of the partner(s) are expressed to answer for the entity. Documents sent by fax or
without notarized signatures will not be accepted.

7 - After analysis and acceptance of the documentation by SABESP, access to the Electronic
Contracting environment on the INTERNET will be enabled, the password equivalent to the
electronic signature of the accredited representative.

8 - Only one representative per Bidder will be admitted in each event, but more than one
representative per company may be accredited to represent it in them.

9- Each representative may only represent a single Bidder in the same event.

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3.2 - This treatment will be granted by a “Compliance Statement”, by the Bidder, under
Complementary Law 123/06, at the time of submission of the Proposal.

3.3 - Companies that can benefit from the treatment provided by Complementary Law 123/06 that
does not prove their condition, as provided for in 3.2, may normally participate in the event.

4- Specific conditions for signing the Agreement.

4.1 - In this bidding procedure, the Agreement(s) may, at SABESP's discretion, be formalized by
electronic signature with digital certification (e-CPF).

SUB-PARAGRAPH D - CLARIFICATIONS TO THE PROCEDURE AND OBJECTION TO THE


NOTICE

1 - Requests for clarifications related to the event must be requested through SABESP’s website -
www.sabesp.com.br in the suppliers access or delivered and filed at SABESP’s
administrative unit responsible for the bidding procedure.

1.1 - Requests for clarifications must be made by the 2nd business day prior to the date set for
the public session.

2 If not formulated by this deadline, it is assumed that the elements provided are sufficiently clear
and precise to allow the Proposal and Qualification Documents presentation. Therefore, the
Bidders are not entitled to any future claim.

3 - Interpretations, corrections and/or changes prepared by SABESP will be notified, in writing, via
the web, to everyone who has the Notice.

3.1 - The full set of clarifications and amendments, as well as all acts practiced in the event, will be
available on SABESP’s website - www.sabesp.com.br, in the supplier's access until the date
set for the respective Public Session.

a)For those interested, emails will be sent informing the disclosure of Clarifications on SABESP’s
website - www.sabesp.com.br.

3.2 - Clarifications and amendments will become an integral part of the bidding documents.

4 - Only the interpretations, corrections and/or written changes provided by SABESP, according to
items 2 and 3 above, will be valid.

5 - Any objection to the Public Notice will be addressed to the signatory of the Public Notice and
sent via INTERNET or delivered and filed at the administrative unit of SABESP responsible
for the bidding process until the 2nd (second) business day before the date set for the
public session.

5.1 - Once the objection against the Public Notice is accepted, a new date will be designated for
the event, observing the legal requirements.

6 - During the period between the closing date of the Public Session and the approval of the
process, Bidders must refrain from contacting SABESP for related matters. SABESP, in case
of need, will call them for clarifications that may, eventually, be necessary.

Note: Bidders can only request Clarifications and Object Public Notices until 5 p.m.
respective dates established as limits.

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1 - The Bidder must state that it knows the conditions established by Sabesp's Institutional Policy
on Transactions with Related Parties - PI0032, available at www.sabesp.com.br, in the
Investor access and by the specific statement, which must be delivered, in case it is a winner
and whose model is set out in Chapter V of this announcement.

2 - The Bidder must state via INTERNET that it is duly registered in the Unified Register of
Suppliers of the State of São Paulo - CAUFESP, under Decree 52,205/07.

3 - The Bidder must declare via INTERNET that it fully meets the qualification requirements by
confirming the “Statement of Full Compliance with the Qualification Requirements”; and the
non-occurrence of a fact that prevents qualification after the issuance of the Registration
Form, by CAUFESP, through the confirmation of the “Certification Maintenance Declaration”,
and the knowledge of the conditions established by SABESP's Code of Conduct and
Integrity; whose contents are presented below:

"We hereby state, under the applicable penalties, that we fully comply with the qualification
requirements required in this Notice."

“We state, under the applicable penalties, the non-occurrence of a fact that prevents
qualification after the issuance of our Registration Form by CAUFESP, maintaining the
conditions required by it, except for the provisions of Article 43 of Complementary Law 123,
of December 14, 2006.”

"We further state that we have full knowledge of the Code of Conduct and Integrity in force
and submission to the conditions established therein, under penalty of the sanctions provided
for its non-compliance."

4 - The Bidder must state via INTERNET, when the object of the contract involves Information
Technology, in compliance with Law 8248/91 and its amendments, that the proposed goods
and/or services are produced/executed under the Basic Productive Process, in terms of
Federal Law 8387/91.

5 - In the case of companies that can take advantage of the treatment provided for by Law 123/06,
the Bidder must declare via INTERNET (i) its compliance with the commands of article 3 of
Complementary Law 123/06, with a certificate or a Term of Framework issued by the Trade
Board, under the terms of article 8 of IN 103, of April 30, 2007, or Certificate of Brief Report of
Registration of the Framework of Micro or Small Business issued by the Civil Registry of
Legal Entities, as the case may be, as per Article 73, item IV, of LC 123/06 or present the
Statement of Income for the Year or equivalent document that proves Gross Revenue up to
the limit defined in sub-paragraph II of the head paragraph of Article 3 of Complementary Law
123/06; and (ii) its non-inclusion in the prohibitions provided for in
Paragraph 4 of Article 3; (iii) its consent to participate in this event.

“We state, under the penalties of the law, to participate in this event, that we fall under the
conditions for the treatment provided for by Complementary Law 123/06 and its
amendments."

a) The statement referred to in item 4 above, restricted to participation in this event, will enable
the electronic system to identify only the condition for the treatment provided for in
Complementary Law 123/06 - "Bidder 01 ME or EPP" - for the application, in due time, of
the Right of First Refusal.

(i) The statement above and its effects are restricted to the participation of Bidders in isolation.

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7 - If the terms of this Notice are not objected or they have not been the reason for a timely request
for clarification, it is assumed that the elements provided are sufficient for the correct
formalization of the proposal by the interested party, binding SABESP and the Bidder to its
terms.

8 - The Dossier of the process and the respective documents that constitute it are available, open
to interested parties at any stage of the process.

8.1 - For more comfort of the interested parties and aiming at the operationality of the act, the
Bidder must set a date and time with the analyst responsible for the bidding procedure, as
stated in the Publication Text (Consultations and Supplementary Information), of this Notice.

SUB-PARAGRAPH E - DEFINITIONS AND CONCEPTS

Without prejudice to the concepts in Title VIII - Glossary of Definitions of SABESP’s


Internal Bidding and Contracting Regulations in the documents included in this Notice,
the terms described below shall have the following meanings, except when the text
specifically indicates otherwise:

CAT - Technical Collection Certificate issued by CREA for Engineering and Agronomy
professionals.

HUBS - represent SABESP's Business Units and Administrative Complexes with address
and Corporate Taxpayer’s ID (CNPJ), where physical and financial controls of inventories are
carried out.

CREA-SP - Regional Council of Engineering and Agronomy of the State of São Paulo, a
regional inspection body for the professional work of engineering and agronomy in its region.

CAU-SP - São Paulo Council of Architecture and Urbanism, a regional inspection body for
the architect's professional work.

JUDGING CRITERION - set of rules in the Public Notice to define the analysis of the
Proposals and corresponding classification and the Qualification Documents. Given that the
proposal will be placed in the Auction’s Budget Spreadsheet, filled in the system-specific
SCREEN with the total amount of the proposal and never with unit prices for services, the
commercial judgment will always fall on the total amount offered.

PRICE REFERENCE DATE - date to be considered when preparing bidders' proposals.

SUPPLY MANAGEMENT DEPARTMENT - CSG, SABESP's administrative unit, responsible


for SABESP's General Register of Suppliers and making passwords available.

DEPOSITS - represent SABESP units, which receive purchased materials.

SUPPORT TEAM - group of people officially designated to provide the necessary assistance
to the Auctioneer in his tasks.

PURCHASE ORDER - is the official document that contains guidelines for delivery (in the
case of materials) and billing (in the case of materials), and measurement and billing (in the
case of general services, engineering services and works). Purchase Orders are
sequentially numbered differently from the Purchase Request, Bidding and Agreement
numbers.

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9 - The Bidder must state via INTERNET, through its Legal Representative, that it conducts its
business in such a way as to restrain the practice of harmful acts against the Public
Administration, national or foreign, that violate the national or foreign public patrimony,
against principles of public administration or any other laws and regulations applicable to
bribery or corruption.

“Our Company states, under the applicable penalties, that it conducts its business in such a
way as to prevent the practice of harmful acts against the Public Administration, national or
foreign, that violate the national or foreign public patrimony and the principles of public
administration. Harmful acts are:
I - promise, offer or give, directly or indirectly, an undue advantage to a public agent, or the
third person related to it;
II - demonstrably, finance, fund, sponsor or in any way subsidize the practice of unlawful acts
provided for by law;
III - provenly, to use an individual or legal entity to conceal or conceal their real interests or
the identity of the beneficiaries of the acts performed;
IV - with regard to biddings and agreements:
a) frustrate or defraud, by means of adjustment, combination or any other expedient, the
competitive nature of a public bidding procedure;
b) prevent, disturb, or defraud any act of public bidding procedure;
c) remove or seek to remove a bidder through fraud or offering an advantage of any kind;
d) defraud a public bidding or agreement resulting from it;
e) create, in a fraudulent or irregular manner, a legal entity to participate in public bidding or
enter into an administrative agreement;
f) obtain an improper advantage or benefit, in a fraudulent manner, of amendments or
extensions of agreements entered into with the government, without authorization by law, in
the call for bids or in the respective contractual instruments; or
g) manipulate or defraud the economic and financial balance of agreements entered into with
the government;
V - hinder the investigation or inspection activity of public bodies, entities, or agents, or
intervene in their performance, including within the scope of the regulatory agencies and
supervisory bodies of the national financial system.

Further states that he is familiar with the U.S. Foreign Corrupt Practices Act, to which
SABESP is subject. ”

10 - Compliance Statement - to be “CONFIRMED” on SCREEN of the Electronic Contracting


environment.

The Bidder must state via INTERNET the compliance of his proposal with the Public Notice
through the confirmation of the “Compliance Statement”, the content of which is presented
below:

“We hereby present and submit for your appreciation our Proposal relating to the event in
question, assuming full responsibility for any errors or omissions that may be verified in its
preparation.

The offered prices are in cash and refer to the price reference date established in the Public
Notice.

If our Proposal is accepted and considered a winner, we have tacitly agreed, within the term
stipulated by SABESP, to sign the Agreement.

We state that we have full capacity to execute the agreement in the bid form, that our
Proposal is in strict compliance with the Technical Specifications established in the Notice,
that the prices offered fully contemplate and without restrictions, the requirements established
by the Public Notice.

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SABESP – Companhia de Saneamento Básico do Estado de São Paulo – SABESP, a


mixed-capital company, incorporated as a publicly held company, Corporate Taxpayer’s ID
(CNPJ) 43.776.517/0001-80, headquartered in the city of São Paulo - SP.

SUPERINTENDENCE OF SUPPLIES AND STRATEGIC CONTRACTING - CS,


SABESP's administrative unit responsible for the bidding procedure.

SUB-PARAGRAPH F - DILIGENCES, ADDITIONAL CLARIFICATIONS AND SOLVING FLAWS

1 - To prove the veracity of the information submitted by the Bidder, SABESP reserves the right to
promote the necessary steps.

2 - Thus, the veracity of the information provided and the documents presented by the Bidder are
under its responsibility, subject to the sanctions provided for in civil, administrative, and
criminal legislation.

3 - The formal failures observed in the Proposals will, whenever possible, be remedied to clarify or
complement the instruction of the bidding procedure, observing Article 67 - Sole Paragraph
of SABESP's Internal Bidding and Contracting Regulations and provision in Sub-Paragraphs
B and C of Chapter III of this Notice.

4 - The lack, incompleteness, or inaccuracy of any document with exclusively declaratory content
on the part of the Bidder, for qualification purposes, may be solved in the session itself or due
diligence on the part of the auctioneer and the support team.

5 - Clarifications and information provided by any of the parties will always be in writing; and will
be, at any time, with frank views in the Dossier of the bidding procedure.

SUB-PARAGRAPH G - ELECTRONIC MEDIA - PUBLIC BUSINESS AND INTERNET

1 The text of this Notice and its amendments and the dissemination of results are/will be available
(online) on the Official Press website, in the Public Businesses access.

2 - The text of this Public Notice, the disclosure of the event and the inclusion of clarifications and
amendments are/will be available on SABESP’S website - www.sabesp.com.br in the
supplier's access until the date set for the Public Session.

3 - The information related to the event is/will be registered in the application - Auction Registration
- made available on the website www.pregao.sp.gov.br by the Strategic Information System
of the Civil House, which is the electronic means for the State Public Administration bodies to
record information on all the auctions they hold.

SUB-PARAGRAPH H - REMOTE MEDIA ACCESS CODES - DISCLOSURE OF AUCTION


ACTS

1 - The interested party is solely and entirely responsible for the correct and accurate supply and
updating of his physical address, electronic address (email) and other access codes of the
means of distance communication, to be used by SABESP to contact and send
correspondence.

1.1 - For that, those interested in participating in the Auction must download the Notice from
SABESP’S page - www.sabesp.com.br in the supplier's access.

1.2 - SABESP cannot be held responsible for misuse of correspondence due to the provision of
inaccurate data or lack of updating.

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WARNING: The Budget Spreadsheet will be filled out on the screen specified in the
Electronic Contracting environment with the total value of the proposal and never with
unit prices for services.

b.1) PRICE REFERENCE DATE - The prices offered will be in cash and must refer to the Price
Reference Date, corresponding to the collective labor agreement/convention, of the
prevailing category, May 1, 2020.

The Bidder will obtain this total amount by completing the Quantitative and Unit Price
Spreadsheets of Chapter VI of the Auction Notice (and not the electronic system),
transported by the Bidder to the “Budget Spreadsheet” screen.

c) Statement of Independent Elaboration of Proposal - according to the Sub-Paragraph


Statements of this Chapter

d) Participation in Consortium - at the moment of registration of its proposal, the


Representative will register in the electronic system for each item/lot: (i) a previous
identification for the Consortium only for participation in the session of the SABESP Auction
(ii) the Corporate Taxpayer’s ID of the companies that are part of it. If this information is not
filled out, participation in the item/lot will be considered in isolation.

2- The values presented in the Commercial Proposal refer to the Price Reference Date,
according to Sub-Paragraph - Commercial Proposal - Chapter II, of this Notice.

a) The prices/values are in cash and must be written in Reais - R$, with four decimal places,
to place the Proposal, the last two being zero, zero. Example: 1,999,999.9500.

b) The prices must include labor, material supply, all direct and indirect costs, charges, profit,
indirect expenses (LDI), and other expenses of any nature.

3- Only to order the Proposals by the System, the Bidder must also state, via INTERNET:

“To comply with the provisions of paragraph 2 of Article 3 of Law 8666/93, we state under the
applicable penalties, that we are offering:

(i) products and services produced in the country.


(ii) produced or provided by Brazilian companies.
(iii) products and services produced or provided by companies that invest in research and
technology development in the country.
(iv) products produced or provided by companies that prove compliance with the job reserve
provided by law for people with disabilities or for Social Security rehabilitation and that meet
the accessibility rules provided for in the legislation. ”

a) The Auctioneer, at its discretion, may proceed with diligence to obtain confirmation of the
content of the statement.

b) In the event of a false statement, the right before the adversary and the broad defense is
guaranteed, the penalty will apply according to items 5 and 6 of Sub-Paragraph - Final
Provisions of Chapter III.

SUB-PARAGRAPH D - QUALIFICATION DOCUMENTS

Note: REGULATORY INSTRUCTION RFB 1950, of MAY 12, 2020 - Due to the
publication of the aforementioned Regulatory Instruction, the deadline for the
presentation of the Digital Accounting Bookkeeping (ECD) for the calendar year 2019 is

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1.3 - The disclosure of the acts about this event and subject to disclosure, as well as the result of
this SABESP Auction, will be disclosed on the SABESP website - www.sabesp.com.br in the
supplier's access.

SUB-PARAGRAPH I - COMMITMENT TO PRESENTING THE “PROPOSAL”

Any Bidder who submits a “Proposal” to this bidding procedure will automatically and unquestionably
commit to the following:

1 - When submitting to SABESP the Proposal related to this event, the Bidder assumes full
responsibility for any errors or omissions that may be verified in their preparation.

2 - The prices offered are in cash and refer to the Price Reference Date - according to Sub-
Paragraph - Commercial Proposal - Chapter II, of this Notice.

3 - If the Proposal is accepted, it tacitly agrees, within the term stipulated by SABESP, to sign the
resulting Agreement.

4 - The Bidder also agrees to maintain the conditions offered for a period of 60 (sixty) days from
the deadline established for sending the "Proposal", which may be extended at any time
before the end of that period.

5 - The Bidder states, under the applicable penalties, the non-occurrence of a fact that prevents
qualification after the issuance of its Registration Form, keeping the conditions that
culminated in its certification with the Unified Registry of Suppliers of the State of São Paulo -
CAUFESP, except the provisions of Article 43 of Complementary Law 123/06.

SUB-PARAGRAPH J - CODE OF CONDUCT AND INTEGRITY

1 SABESP, in its Mission of “providing sanitation services, contributing to the improvement of the
quality of life and the environment”, is a socially responsible Company committed to legality,
ethics and transparency, which operates with the Vision of “being world reference in the
provision of sanitation services, in a sustainable, competitive and innovative way, with a
focus on the client”.

2 It acts as an agent of sustainable development, basing its economic performance on the practice
of environmental responsibility to generate well-being for its employees, the communities
where it operates and the country.

3 - The Social Responsibility movement, assumed as a most important commitment for SABESP,
aims to improve its business practice and contribute to the fulfillment of its mission, which is
based on ethical management and sustainability and has, in its Code of Conduct and
Integrity, the main guiding reference.

4 For SABESP, the Code of Conduct and Integrity, built through a broad participatory process,
summarizes the set of ethical principles and standards observed throughout SABESP's
existence, which are consolidated in statements to guide and direct the way the Company
relates to its diverse audiences: managers, employees, customers, shareholders, investors,
suppliers, partners, third parties, government, community, and society in general.

5 Thus, adopting the Code of Conduct and Integrity to consolidate and expand the already earned
reputation of a socially responsible company is essential for SABESP.

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6.1 - These documents must be presented according to the Bidder's participation in the event -
Headquarters or Branch or Cooperatives, [Investment Funds], Private Pension Entities and
Financial Institutions and with isolated participation or in the consortium.

ISOLATED PARTICIPATION
Tax Econ. Statement
Legal Technical
Compliance Qualificatio Article 7,
Qualificati Qualificatio
and n Item
on n
Labor Financial XXXIII of the
CF

Headqua 1.1 to 1.6 2.1 to 2.6 3.1 to 3.3 4.1 to 4.4 5


rters
2.1, 2.4, 2.5 and
2.6 (on behalf of 4.1 to 4.4 (on
1.1 to 1.6 (on the Branch) behalf of the
3.1 to 3.3 (on
Branch behalf of 2.2, 2.3 and 2.4 Headquarters or 5
behalf of the
th (on behalf of the the Branch
Headquarters)
e headquarters) Headquarters) itself)

(*) Note
that in
the
qualification,

Tax Compliance
a
nd
Others Labor will be As per the
1.7 to 1.9 4.1 to 4.4 5
(*) (**) shown through “(***)” below
the Statement
of Full
Compliance, as
the provisions of
item 2 -

Tax Compliance
and
Labor.
(**) Dismissed.

(*) Cooperatives, Investment Funds, Private Pension Funds and Financial Institutions.
(**) Foreign Companies: a) observe equivalent documents from the country of origin, proof of
incorporation of the company, such as statutes and constituent documents. b) proof of the board's
constitution in the office, in the case of a corporation or by shares, duly published and filed in a body
specific to its country of origin, including with powers of legal representation of the company or
equivalent documentation, subject to proof.
(***) All documents listed in Economic and Financial Qualification must be presented. For documents
that the Bidder is not subject to proof in the form of the Law, as long as duly justified, equivalent
documents will be accepted or, when applicable, they will not be required.

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6 Said code is available in Portuguese and English on SABESP's website www.sabesp.com.br.

SUB-PARAGRAPH K - CAUFESP Unified Registry of Suppliers of the State of São Paulo

1 CAUFESP - Unified Registry of Suppliers of the State of São Paulo is an electronic information
system, through which the records of those interested in participating in biddings and
contracting with anybody of the State's Direct and Indirect Administration will be registered
and maintained, with mandatory use for the State Public Administration.

2 The register will be available to all those interested in bidding and contracting with agencies of
the Direct Administration, Autarchies, Foundations instituted or maintained by the State
Government; companies in which the State has a majority stake and with the other entities
directly or indirectly controlled by it.

3 - The granting of applications for registration with CAUFESP, as well as its changes, renewals, or
cancellations, will be processed and judged at the Registration Units - UCs, by a
Registration Evaluation Commission - CAC, formed by civil servants belonging to the
bodies and entities of the State Public Administration. Companhia de Saneamento Básico do
Estado de São Paulo – SABESP, as a member of the Public Administration, is one of the
Registration Units in the State.

4 The rules and procedures established for the registration in the Unified Registry of Suppliers of
the State of São Paulo - CAUFESP can be consulted in the Regulation of the Unified
Registry of Suppliers of the State of São Paulo - CAUFESP, which regulates the
operation of the system.

5 Registration with CAUFESP is a condition for participation in the Sabesp Bidding type
acquisitions in electronic and face-to-face form and Auction/RDC Sabesp Electronic, and is
available at the electronic address of BEC - Bolsa Eletrônica de Compras, just access
www.bec.sp.gov.br => Caufesp => choose the language Portuguese or English => Type of
Company “National” or “Foreign” or “Foreign that does not operate in Brazil” => read the
guidelines that will appear on the screen “GUIDELINES FOR REGISTRATION/UPDATE” =>
start the registration.

6 CAUFESP will allow interested parties to obtain two types of registration: the Registration
Registry - RC, which allows participation in bidding procedures involving any type of bidding
and bidding waiver procedures and the Simplified Registration Registry - RCS, which
allows the interested party to participate in invitation, bidding, auction, and supply of goods
for prompt delivery. These RC and RCS options will be made available at the electronic
address www.bec.sp.gov.br, option "CAUFESP" and will replace, for qualification in bids, the
documents presented for its issuance.

7 The Registration Registry - RC and the Simplified Registration Registry - RCS will be valid
before all bodies and entities of the State Direct and Indirect Public Administration, effective
from the date of the act of granting the registration or its renewal. The decisions of the CAC
Registration Evaluation Commission will be disclosed through the electronic address
www.bec.sp.gov.br, option "CAUFESP" - Search for Suppliers - Registration Form.

8 The Registration Form is the supporting document for registration with CAUFESP, with
documents and their respective validations.

9 The bidding notice for each bid must determine the conditions for submitting the expired
documents contained in the Registration Forms.

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1.3 - constitutive act, statute or social contract updated and registered with the Trade Board, in the
case of a business or cooperative company, and the statute, in the case of cooperatives,
must comply with Federal Law 12690/12;

1.4 - Constitutive act updated and registered with the Civil Registry of Legal Entities, in the case of
a non-company, accompanied by evidence from the acting board;

1.5 - Authorization decree, in the case of a foreign company operating in the country,

a) act of registration or authorization for operation issued by the competent body when the activity
so requires.

1.6 - proof of the condition of Bidder holding the treatment provided for in Complementary Law
123/06, according to its compliance, as follows:

a) Business Company or Individual Entrepreneur (MEI / EIRELI) - present the certificate


issued by the Commercial Registry, under the terms of article 8 of IN 103, of April 30, 2007,
of the National Department of Trade Registration, when the Bidder is registered in Trade
Board.

b) Simple Company - present the Certificate of Brief Report of Registration of the Framework
of Microenterprise or Small Business, issued by the Registry, when the Bidder is registered in
the Registry of Legal Entities.

c) proof of the condition of cooperative as follows:

(i) present the Statement of Income for the Year or equivalent document that proves Gross
Revenue up to the limit defined in item II of the head paragraph of Article 3 of
Complementary Law 123/06.

NOTE: SABESP warns that in compliance with the principles of speed and reasonableness,
the Bidder must keep the certificate referred to in 1.6 by hand, for immediate sending,
by upload, by email, continuous act of SABESP's request, under penalty of
disqualification of that Bidder.

1.7 - in the case of a cooperative society, minutes of the foundation and bylaws in force, with
minutes of the meeting that approved it, duly filed with the Trade Board or registered with the
Civil Registry of Legal Entities of the respective headquarters, as well as the
Certificate/Statement of regularity in the Organization of Cooperatives of the State of São
Paulo or another state organization of cooperatives, accompanied by the documents of the
election of their administrators, duly registered with the Trade Board.

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SUB-PARAGRAPH L - ANTI-CORRUPTION LAWS - SABESP'S CONDUCT

1 SABESP conducts its business in a legal, ethical, transparent, and professional manner, under
the general requirements of the anti-corruption laws and extends to its employees and the
third parties, who represent it, the obligation to assimilate, accept and execute these
guidelines.
2 As a result, SABESP requires that its contracted parties conduct their business in such a way as
to prevent the practice of harmful acts against the Public Administration, national or foreign,
that violate the national or foreign public patrimony, against public administration principles or
any other laws and regulations applicable to bribery or corruption.

SUB-PARAGRAPH M - PROVISION OF SERVICES WITH SUPPLY OF MATERIALS OR


EQUIPMENT

Whenever the provision of services involves the supply of materials and/or equipment, the
CONTRACTED PARTY shall issue an invoice for the service provided and another invoice
for the supply of the item.

SUB-PARAGRAPH N - VISIT TO THE LOCATION OF SERVICES (Recommended)

1 - It is recommended that the Bidder visit the location(s) of the services, which must occur before
the Public Session, to be informed of all aspects related to its execution. For all purposes, the
Bidder shall be deemed to have full knowledge of the nature and scope of the services. The
Bidder may not subsequently claim insufficient data and/or information on the location(s) and
conditions relevant to the object of the agreement.

1.1 - Visits may be carried out by any responsible person appointed by the Bidder.

a) It is recommended that the visits be carried out by the technical person responsible for the
Bidder before CREA/CAU, or by the professional indicated by it to perform the function of a
technical person, the object of this Bidding, according to subitem 4.3, item 4 - Technical
Qualification, Sub-Paragraph D of Chapter II of the Public Notice.

1.2 - Visits can be scheduled: Marcelo Renato Silva Andrade – MCJL – (11) 983712810
– Email: mrsandrade@sabesp.com.br / Luciano Evangelista Sousa – (11) 983712820 –
Email: lesouza@sabesp.com.br / Douglas Rodrigues da Silva – MCBM – (11) 983712833 –
Email: douglasrodrigues@sabesp.com.br / Eduardo Vitalino da Silva – MCBM – (11)
983712871 – Email: evitalino@sabesp.com.br.

SUB-PARAGRAPH O -PERSONAL DATA PROCESSING - GENERAL PERSONAL DATA


PROTECTION LAW - LGPD

1 SABESP, as a personal data processing agent, describes in its Personal Data Privacy Policy
how this data is processed (collection, storage, processing, sharing and disposal) to provide
the company's services.

2 Besides complying with specific legislation, the Policy determines guidelines for the treatment of
personal data provided to SABESP, collected by it, or shared between its service providers
and partners.

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e) rules on CONSORTIUM administration, accounting, representation of consortium companies;


forms of deliberation on matters of common interest, such as the number of votes that each
consortium member has, the contribution of each consortium member to common expenses,
if any;

f) express statement of joint and several liability of the consortium members for the acts
practiced by the CONSORTIUM, in relation to this Auction and to the eventual term of
agreement resulting from it and who will sign, as consenting parties, the term of contract
resulting from this Auction and jointly and severally as responsible for all the obligations of
the CONSORTIUM;

g) commitments and obligations of the consortium members, among which the one that each
consortium member will answer, separately and jointly, for all the pertinent requirements to
the object of the present Auction until the conclusion of the services resulting from it;

h) presentation of the CONSORTIUM's leading company, which will be the company to relate to
SABESP on behalf of the CONSORTIUM;

i) presentation of the company that will represent the CONSORTIUM in the Public Session of
the Auction through its representative (s), with powers to decide on the stages of the
electronic process, submit proposals, offer price bids, negotiate prices, interpose, and give
up administrative resources, as well as performing all acts relevant to the event on behalf of
the CONSORTIUM;

j) statement in which the powers for the legal representative to exercise rights and assume
obligations as a result of such investiture are expressed, responding by the Bidder during the
Auction's work; in the case of an attorney: the public or private power of attorney, which
contains specific powers to sign the Proposal and send it through the system, formulate bids,
negotiate prices, appeal and give up its interposition and practice all other acts pertinent to
the event, accompanied by the corresponding document among those already indicated in
this paragraph, which proves the powers of the principal for the grant;

k) designation of the CONSORTIUM's legal representative. Also appoint a representative(s)


empowered to sign the agreement arising from this Auction;

l) tacit commitment of the consortium members, that their constitution or composition will not be
altered or modified, without the prior and express consent of SABESP, until the fulfillment of
the object of the Auction, upon receipt term, observing the CONSORTIUM term, defined in
item c) above;

m) express commitment that they will present, before signing the agreement arising from this
Auction, the instrument of constitution of the CONSORTIUM, duly approved by the corporate
body of each participant that is competent to authorize the sale of the assets of the
permanent assets;

n) express commitment that they will provide for the filing under the terms of Articles 278 and
279 of Law 6404, of December 15, 1976, and IN 74 of December 28, 1998, of the Ministry of
Industry, Commerce and Tourism of the instrument of the constitution of the CONSORTIUM
in the registration of local trade at its headquarters and respective publication of the filing
certificate or registered in the Registry of Titles and Documents, according to the nature of
the consortium persons, before the signing of the eventual agreement resulting from this
auction.

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3 Sabesp's Personal Data Privacy Policy applies to all data holders or anyone who has contact or
access to data that SABESP is the Controller.

4- This instrument is available on SABESP’s website www.sabesp.com.br.

SUB-PARAGRAPH P - PROPOSAL’S CURRENCY AND PAYMENTS

1- The currency of the proposal is the real (R$).

2 The agreement value will be expressed in reais (R$).

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a) in the cases in which the negative certificate of judicial or extrajudicial recovery sent is positive,
the Bidder must present proof of approval by the competent court of the judicial/extrajudicial
recovery plan in force.
OR
(ii) negative certificate of civil insolvency or equivalent nomenclature document (civil, tax
and criminal actions and executions - state and federal); issued by the distributor at the
headquarters of the legal entity dated, at most, 90 (ninety) days before the date of its
presentation to prove the qualification documents; for bidders who are not subject to
bankruptcy, judicial and/or extrajudicial recovery.
Note: the CAUFESP Registration Form only contemplates and replaces the negative certificate of
bankruptcy, judicial and extrajudicial recovery, thus not lending itself to replace the negative
certificate of civil insolvency.
3.2 - balance sheet and financial statements for the last fiscal year, already payable and presented
under the law, with no substitution for balance sheets or interim balance sheets.

NOTE: The information to prove the fiscal year's closing date and the administrators' powers to
sign the financial statements must be included in the Articles of Incorporation/Bylaws or
legal instrument.

(i) when the balance sheet for the fiscal year is presented by period(s) (monthly, bimonthly,
quarterly, quarterly, or half-yearly), the Bidder must submit, in addition, a Statement signed
by the partner of the company and the accountant, informing that the amounts determined in
the last period, include the accumulated result of the last fiscal year, already payable.
(Model – Chapter V)
a) for presentation in accordance with the law, consider the balance sheet and financial
statements:
Balance sheet and financial Deadline for presentation
Legal Tax
statements, accompanied by: Balance Sheet and financial
Form Regime
statements
(I) of the Delivery Receipt of
Digital Bookkeeping or
Authentication Term
both issued through the
AccountingSPEDSystem. Last business day of May
(Regulatory Instruction RFB of the year following the
Real Profit
2003/2021 and its amendments) calendar year to which the
bookkeeping refers
(II) Statement signed by the bookkeeping
partner of the company and the
Business/C
Accountant, informing the
ooperative
condition of opting for the Real
others
Profit (Model - Chapter V)
companies (I) the Digital Accounting
opting Bookkeeping Delivery Receipt
by SPED or the Authentication Term, both
Accounting Profit issued through the Accounting
Presumed SPED System. (Regulatory
complying Instruction RFB 2003/2021 and
in the terms its amendments)
of IN (II) Statement signed by the
partner of the company and the
2.003/2021
Accountant, informing the
condition of opting for the
Presumed Profit (Model -
Chapter
V)

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CHAPTER II - ACCREDITATION, PROPOSAL AND QUALIFICATION

SUB-PARAGRAPH A - ACCREDITATION AND ACCESS TO PARTICIPATION IN THE

BIDDING

The following paragraphs guide all interested parties, including foreign companies, cooperatives,
investment funds, private pension entities and financial institutions, observing the specific market
segments not included in the list of documents required by CAUFESP.

ACCREDITATION
SUB-PARAGRAPH A1 - Isolated Participation

1 - Accreditation is an act conditioning the participation of the Bidder in events held in electronic
form. In turn, Registration at CAUFESP is mandatory to obtain Accreditation.

2 - Access to the register is available on the SABESP website, at the SUPPLIER PORTAL, through
which services are available 24 hours a day, seven days a week, to suppliers. Phone calls
may also be made during business hours:
(11) 3388-6724 and 3388-6812. In this Supplier Portal, the Access Manual is available in
the New Suppliers option.

3 - The company representative must provide his/her registration as an Individual on the


SABESP website. Then you must ask SABESP for the link with the Legal Entity(ies) you
wish to represent. The Representative may initiate registering the Legal Entity if the Legal
Entity does not already have it.

a) For the registration process, the basic data of the interested company must be informed, such
as company name, address, registration number in the National Register of Legal Entities -
Corporate Taxpayer’s ID, e-mail, name of the representative and corresponding Individual
Taxpayer’s ID, and market segments where it operates, as long as authorized by the
constitutive acts or their amendments.

4 - Once the bond has been approved, SABESP will make available the document “Accreditation
Request” for participation in electronic processes. The Accreditation Request must be
signed by the Director, Partner or Attorney of the Company, and the representative, with the
respective recognition of signatures.

5 - If there is a change in the appointment of the legal representative, the Director/Partner/Attorney


of the accredited company must immediately communicate such change to SABESP.

6 - The "Accreditation Request" must be sent/presented at SABESP promptly for analysis and
clearing/approval of the accreditation at Av. Do Estado, 561 - Ponte Pequena - São Paulo,
Capital - Unit I - Department of Management Supplies
- CSG/Registration, together with the duly authenticated trade registry, bylaws, or articles of
association in force (if these are no longer in possession of the CSG/Registration), in which
the powers of the partner(s) are expressed to answer for the entity. Documents sent by fax or
without notarized signatures will not be accepted.

7 - After analysis and acceptance of the documentation by SABESP, access to the Electronic
Contracting environment on the INTERNET will be enabled, the password equivalent to the
electronic signature of the accredited representative.

8 - Only one representative per Bidder will be admitted in each event, but more than one
representative per company may be accredited to represent it in them.

9- Each representative may only represent a single Bidder in the same event.

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(ii) in the case of a Bidder who has ended his fiscal year more than 6 (six) months from the date
of submission of the proposal, the verification balance, corresponding to the previous month,
may be presented, together with the documents indicated in paragraph a), the date of
presentation of the proposal, accompanied by the statement of income for the period, duly
signed by the accountant and the administrator or legal representative.

(iii) in the case of a Bidder established during the current year, the company's opening balance
sheet or verification balance, corresponding to the month before the date of submission of
the bid, must be presented, accompanied by the statement of income for the period of
existence of the company, duly signed by the accountant and the administrator or legal
representative.

(iv) If the Bidder is a subsidiary/branch, it must present the consolidated balance sheet of the
headquarters.

(v) the condition provided for in (i) above, makes it impossible to obtain indexes and, as a result,
are exempted by SABESP.

3.3 - proof of the net worth of the last fiscal year of, at least, the amount obtained through the
following calculation:

Where:
V = Equity
VA = Final Value Offered
i = 10%
“prazocontratual(dias)” = Contractual Term - see page 4 of this Notice (Publication Text)

3.4 - The net worth required for the consortium will be 30% (thirty percent) higher than
the corresponding value of subitem 3.3 of item D of this Chapter. This value
must be proven by the sum of the net assets of the consortium companies in
proportion to their respective participation.

4- TECHNICAL QUALIFICATION

4.1 - certificate(s) in the name of the Bidder, issued by a legal person under public or private law,
proving the performance of services of similar characteristics of technological and operational
complexity equivalent to or greater than those contained in item “a” below, which are those
that have greater technical relevance and significant value.

a) the characteristics and/or installments of greater technical relevance and significant value of
the bid object are:

(i) Sub-items "a.1" to "a.12" below refer to the Maintenance and Vegetation Growth, Water and
Sewage Networks and Connections services, to be performed in the areas of the
Maintenance Hubs.

(ii) Each subitem, from a.1 to a.2 and from a.4 to a.12, below, must be proven through the
presentation of Technical Training certificates, as provided in 4.1.b - from b.1
b.2 and from b.4 to b.12, whose physical quantities from 4.1.b - from b.1 to b.2 and from b.4
to b.12 represent 50% (fifty percent) of the quantities from 4.1. The. - from a.1 to a.2 and
from a.4 to a.12.

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Sub-item a.3 below must be proven through the presentation of Technical Training
certificates, in the form provided for in 4.1.b.3 whose physical quantity of 4.1.b.3 represents
30% (thirty percent) of the quantity 4.1.a.3.

a.1 - Execution of General Maintenance Services in Easel including: Easel


Change; and
Easel regularization; and Leak repair
on the Easel; and Change of Water
Meter;
Quantity: 158,935 Un; and

a.2 - Maintenance Services at a Water Connection Extension, comprising:

a.2.a - Water Extension Repair, up to 32 mm diameter:


Quantity: 962 Un; and

a.2.b - Change of water connection (Extension), up to diameter 32 mm - Destructive Method:


Quantity: 16,716 Un; and

a.3 Connection Exchange and Water Connection Services, by Non-Destructive Method (MND),
comprising:
New Spare Water Connection, with a diameter of up to 32 mm (MND); and
Replacement of Loose Water Connection, with a diameter of up to 32 mm
(MND); and
New Successive Water Connection/Connection Passage, with a diameter of up to 32 mm
(MND); and changing water connection (Extension), with diameter up to 32 mm. (MND):
Quantity: 22,124 Un; and

a.4 - Maintenance Services at a Water Distribution Networks, including: Repairing Water


Networks and Changing Valves in Water Networks - 50 to 400 mm:
Quantity: 6,875 Un; and

a.5 - Maintenance Services at a Sewage Connection Extension, including: Sewage Extension


Repair, diameters 100 to 150 mm:
Quantity: 12,499 M; and

a.6 - Maintenance Services in Sewage Collector Network, including: Sewage Repair,


diameter 150 to 300 mm
Quantity: 5,063 M; and

a.7 - Water Distribution Network extension services, including: Laying the Water Network,
with diameter 50 to 400 mm - Destructive Method:
Quantity: 15,200 M; and

a.8 Water Connection Services, by Destructive Method (Conventional), including:


New Spare Water Connection, with a diameter of up to 32 mm; and
Replacement of Loose Water Connection, with a diameter of up to 32
mm; and
New Successive Water Connection/Connection Passage, with a diameter of up to 32 mm:
Quantity: 5,216 Un; and

a.9 - Sewage Collection Extension Services, including: Settlement of Sewage Collector, with
diameter 150 to 300 mm - Destructive Method:
Quantity: 18,798 M; and

a.10 -New Sewage Connection Services, by Destructive Method (Conventional), including:


Successive and Spare Sewage Connection, with diameter of 100 and 150 mm:
Quantity: 3,316 Un; and

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a.11 - Water Supply Intervention services at the Easel of Connections, including:


Cut and Reset:
Quantity: 3,200 Un; and

a.12 -Intervention services in the Supply of Water at the Extension and in the Water Outlet of the
Connections, including:
Suppression and Reconnection:
Quantity: 15,817 Un; and
b) A priori, to present certificates, services with similar characteristics of technological and
operational complexity equivalent to those listed in sub-item “a” above are considered as the
items listed below:

b.1 - General Maintenance Services in Easel Water and/or Gas, including:


- Easel Change; and/or
- Easel regularization; and/or
- Repairs of leaks in the Easel; and/or
- Meter Change:
Quantity: 79,467 Un; and

b.2 - Maintenance Services in a Water and/or Gas Connection Extension, including:

b.2.a Repair of Water and/or Gas Extension:


Quantity: 481 Un; and

b.2.b Exchange of Water and/or Gas Connection (extension) by Destructive Method:


Quantity: 8,358 Un; and

b.3 - Services in Water and/or Gas Connection, by Non-Destructive Method (MND), including:
New Spare Water and/or Gas Connection (MND); and/or
Replacement of Spare Water and/or Gas Connection (MND);
and/or
New Connection of Successive Water/Passage of Water and/or Gas Connection (MND);
and/or Water and/or Gas Connection Change (extension) (MND);
Quantity: 6,637 Un; and

Note: Successive Connection = Concomitant to the Network Execution

b.4 Maintenance Services in Water and/or Gas Distribution Networks, including:


Repair in Water and/or Gas Networks and/or Change of Valves in Water and/or Gas Networks -
diameters greater than or equal to 50 mm:
Quantity: 3,437 Un; and

b.5 - Maintenance Services at a Sewage Connection Extension, including: Sewage Extension


Repair and/or Suppression of Sewage Connection and/or Sewage Line Reconnection, with a
diameter greater than or equal to 100 mm:
Quantity: 6,249 m or 3,124 Un; and

Note: Conversion Rate “Meters” to “Units” used: 2 meters = 1 repair unit.

b.6 - Maintenance Services in Sewage Collector Network, including: Sewage Network


repair, diameter greater than or equal to 150 mm:
Quantity: 2,531 m or 843 Un; and

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Note: Conversion Rate “Meters” to “Units” used: 3 meters = 1 repair unit.

Note: Exceptionally, a diameter greater than or equal to 100 mm and less than 150 mm will be
accepted if it is proven to be a Sewage System and not a Sewage Extension/Connection.

b.7 - Water and/or Gas Distribution Network extension services, including:

Settlement of Water and/or Gas Distribution/Intake Network (Extension and/or Relocation and/or
Duplication and/or Replacement), with a diameter greater than or equal to 50mm:
Quantity: 7,600 M; and

b.8 - Water and/or Gas Connection Services, by Destructive Method (Conventional), including:
New Spare Water and/or Gas Connection; and/or
Replacement of Spare Water and/or Gas Connection;
and/or
New Connection of Successive Water and/or Gas (concomitant to the execution of
the network); and/or Water and/or Gas Connection Passage; and/or
Changing Water and/or Gas Connection (extension):
Quantity: 2,608 Un; and

b.9 - Sewage Collection Extension Services, including: Settlement of Sewage Collector Network
(Extension and/or Relocation and/or Duplication and/or Replacement) with a diameter
greater than or equal to 150 mm:
Quantity: 9,399 M; and

b.10 Sewage Connection Services, by Destructive Method (Conventional), including:


New successive and spare sewage connection, with a diameter greater than or equal to
100 mm; and/or Replacement of Sewage Connection, with a diameter greater than or equal
to 100 mm; and/or
Change of Sewage Extension, with a diameter greater than or equal to 100 mm:
Quantity: 1,658 Un; and

Note: Successive Connection = Concomitant to the Network Execution

b.11 - Intervention Services in the Supply of Water and/or Gas in the Easel of Connections,
including:
Cut and/or Reset; and
Quantity: 1,600 Un

b.12 - Intervention Services in the Supply of Water and/or Gas at the Extension and/or Water
Intake of Connections, including:
Suppression and/or Reconnection:
Quantity: 7,908 Un

IMPORTANT NOTE The quantities for each part of the 4.1.b sub-item - from b.1 to b.2 and from b.4 to
b.12 represent 50% (fifty percent) of the 4.1.a). - from a.1 to a.2 and from a.4 to a.12 and the physical
quantity of 4.1.b) b.3 represents 30% (thirty percent) of the quantity of 4.1 a).a.3.

c) to demonstrate compliance with the quantities in sub-item b), the Bidder may use the sum of
the amounts already executed in as many agreements as the Bidder has, corresponding to
any periods.

d) certificates that prove the most relevant characteristics of item 4.1 (b) above will be
accepted, separately or issued in a single document, both for an isolated company
and as a consortium;

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e) to prove the veracity of the information presented by the Bidder who has made use of
certificates issued by signatories that are not full contracted parties, SABESP reserves the
right to take the necessary steps. Thus, the veracity of the information provided and the
documents presented by the Bidder are its responsibility, subjecting the Bidder to the
sanctions provided for in civil and criminal law. - Clarifications and information provided by
any of the parties will always be in writing; and will be, at any time, with frank views in the
Dossier of the bidding procedure.

f) the certificate(s) must have:


− identification of the issuing legal entity;
− name and position of the signatory;
− full address of the issuer;
− term of the agreement;
− contractual object;
− other necessary and sufficient technical information for the evaluation of the experiences
referenced by SABESP.

NOTE: The requirements in sub-items 4.1 and 4.3 of this Chapter may be proven by each
consortium member, admitting the sum of the quantities of each consortium member.

4.2 Legal Entity Registration Certificate, issued by CREA/CAU, is valid on the date of submission
in the name of the Bidder.

4.3 - Certificate(s) of Technical Collection (CAT) and its attachments, issued by CREA, of the
professional(s) holding(s) the certificate(s) of technical liability, proving the services of
similar characteristics of technological and operational complexity equivalent or superior to
those in item d below, for a body or entity of the direct or indirect public administration, or
even for a private company.

a) the Technical Collection Certificate - CAT must refer to technical activities that are part of the
professional's legal attributions, and only those in article 5 of Resolution 1010/05 of CONFEA
and related to the works will be accepted, and/or engineering services, namely:
- Management
- Coordination
- Management
- Enforcement
- Inspection
- Supervision

b) the professional(s) holding the certificate(s) of technical responsibility must be part of


the permanent staff of the Bidding company on the date of submission of the Proposal and
the Qualification Documents. This professional's proof of employment can be provided
through articles of incorporation or registration in the professional card, employee record or
employment agreement or service agreement.

(i) the service agreement mentioned in the “head paragraph” of this letter “b” must be registered
with the Registry of Titles and Documents. This registration will only be required from the
bidder who is awarded the agreement for the works and/or services object of the Public
Notice as a condition of signing the agreement term.

c) the professional(s) holding the certificate(s) of technical responsibility that enabled the
Bidder to qualify shall act as the Technical Liability Officer(s) in the performance of the
agreement. Besides, the Bidder may appoint other professional(s) to act(s) as Technical
Liability Officer(s).

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(i) the technical liability officer(s) must necessarily be an engineer(s) in a sufficient number of
professionals with legal qualifications in each specialty that make up the main scope of future
contracting - which will present the Individual Statement of Technical Liability Officer,
authorizing his/her indication(s) (model - Chapter V).

d) The characteristics and/or parts of greater technical relevance and significant value of the
bid object, classified as Engineering Services, are those in Chapter II - Sub-Paragraph “D”
- item 4.1.a - from a.1 to a.12 -, being that, a priori, they must be proven according to
subitems d.1 to d.10 below:

d.1 - General Maintenance Services in Easel Water and/or Gas, including: Easel Change; and/or
Easel regularization; and/or
Repairs of leaks in the Easel; and/or Meter
change; and

d.2 Maintenance Services at a Water and/or Gas Connection Extension, including:


d.2.a Water and/or Gas Extension Repair; and
d.2.b Exchange of Water and/or Gas Connection (extension) by Destructive Method:

d.3 Services in Water and/or Gas Connection, by Non-Destructive Method (MND), including:
New Spare Water and/or Gas Connection (MND); and/or
Replacement of Spare Water and/or Gas Connection (MND);
and/or
New Connection of Successive Water/Passage of Water and/or Gas Connection (MND);
and/or Water and/or Gas Connection Change (extension) (MND); and
Note: Successive Connection = Concomitant to the Network Execution.

d.4 - Maintenance Services in Water and/or Gas Distribution Networks, including:


Repair in Water and/or Gas Networks and/or Change of Valves in Water and/or Gas Networks -
diameters greater than or equal to 50 mm; and

d.5 - Maintenance Services at a Sewage Connection Extension, including: Sewage Extension


Repair and/or Sewage Connection Suppression and/or Sewage Line Reconnection, with a
diameter greater than or equal to 100 mm; and

d.6 - Maintenance Services in Sewage Collector Network, including:


Sewage Network repair, diameter greater than or equal to 150 mm; and

d.7 - Extension services for the Water and/or Gas Distribution Network, including:
- Laying of Water and/or Gas Distribution/Adduction Network (Extension and/or Relocation
and/or Duplication and/or Replacement), with a diameter greater than or equal to 50 mm; and

d.8 - Water and/or Gas Connection Services, by Destructive Method (Conventional), including:
- New Spare Water and/or Gas Connection; and/or
- Replacement of Spare Water and/or Gas Connection; and/or
- Connection of Successive Water and/or Gas; and/or
- Water and/or Gas Connection Passage; and/or
- Changing Water and/or Gas Connection (extension); and
Note: Successive Connection = Concomitant to the Network Execution.

d.9 - Sewage Collection Extension Services, including:

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- Settlement of Sewage Collector Network (Extension and/or Relocation and/or Duplication


and/or Replacement) with a diameter greater than or equal to 150 mm; and

d.10 Sewage Connection Services, by Destructive Method (Conventional), including:


- New Successive and/or Spare Sewage Connection, with a diameter greater than or equal to
100 mm; and/or
- Replacement of Sewage Connection, with a diameter greater than or equal to 100 mm; and/or
- Change of Sewage Extension, with a diameter greater than or equal
to 100 mm: Note: Successive Connection = Concomitant to the Network
Execution.

4.4 - The bidder must nominate a professional as the coordinator for the works that must submit an
Individual Statement of the Coordinator of the Works, authorizing his/her indication (model -
Chapter V).

NOTE: SABESP warns that in compliance with the principles of speed and reasonableness, the
Bidder must have the qualification documents not replaced by the CAUFESP Registration
Form, on hand, for immediate sending, via upload or by e-mail, the act of Auctioneer's
request, under penalty of disqualification of this Bidder.

5 - Statement by the Bidder that it is in good standing in compliance with the prohibitions
established in article 7, item XXXIII of the Federal Constitution, that is, prohibition of night,
dangerous or unhealthy work for children under eighteen years old and any work for children
under sixteen years, except as an apprentice, from the age of fourteen.

NOTE: Said statement of proof of regularity is in the document completed when registering the
Bidder's proposal.

6- CAUFESP REGISTRATION FORM (subject to specific market segments not included in the
list of documents required by CAUFESP.)

6.1 - CAUFESP Registration Form will replace the documents listed in items 1.1 to 1.4 and 3
(except the negative certificate of civil insolvency), provided that the rule set out below is
observed.

NOTE: the documents related to item 2 will be checked when the agreement is signed.

6.2 - CAUFESP Registration Form will only replace the documents in force and corresponding to
the items above, considering the following situation:

a) Registration Form - Active Status, Registration Update - In Preparation, Registration


Update - Awaiting Analysis and Registration Update - In Analysis.

(i) in addition to this Registration Form - present only the documents necessary to meet all the
conditions required in this Sub-Paragraph - Qualification Documents, with an expired date
or without expiration date affixed to the Registration Form. The current documents listed in
the Registration Form are exempt from the presentation.

b) For new registrations, all documents and conditions required for registration must be
attached directly to the CAUFESP System.

Regarding the Debt Clearance Certificate with the Municipal Treasury and the Debt Clearance
Certificate with the State Treasury, when not available in the CAUFESP Registration
Form, the Bidder must present the documents.

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c) The other documents not included in CAUFESP Registration Form must be sent at the
request of the Auctioneer when the qualification phase is carried out. The Bidder with the
best offer must present the respective originals or certified copies by the next business day
after the Public Session is held unless SABESP has established another deadline.

(i) The winning bidder is exempted from presenting originals or certified copies if the documents
sent in the qualification phase are signed by the authorized representative through an
electronic signature with digital certification (e-CPF).

d) The documents referred to in subitem “c” above must have been issued by the first Public
Session opening date and must be valid on the opening date of the first Public Session.
Documents issued later than that will not be considered for Qualification, except as provided
in subitem 3.1 of the Qualification Documents Sub-Paragraph of this Chapter.

7 - If the Shareholders' Equity in the Registration Form, mentioned in item 6 above, does not meet
the provisions of the specific sub-item, the Bidder must, in addition, present documentation
that proves the requirement of said sub-item.

8 - In the exceptional situation of a notoriously noted strike, SABESP will admit the presence of the
corresponding expired document accompanied (i) by the subsequent tax collection guides,
when applicable; and/or (ii) the document requesting protocol; and (iii) a statement by the
Bidder expressly stating its regularity with the competent body and its commitment to present
the regular status document, at the first opportunity made possible by that body; conditioning
factor for the signing of the contracting instrument.

SUB-PARAGRAPH D1 - QUALIFICATION DOCUMENTS FOR FOREIGN COMPANIES NOT


ESTABLISHED IN BRAZIL

1- Legal Qualification

1.1 - Equivalent documents must be submitted in your country of origin, supporting the company's
constitution, such as statutes and constitutive documents.

1.2 - Proof of constitution of the acting board of directors, in the case of a corporation or by shares,
duly published and filed with the proper body of its country of origin, including with powers of
legal representation of the company, or equivalent documentation, subject to proof.

2- Tax and Labor Compliance

2.1 - In compliance with the documents listed in item 2 - paragraph D of Chapter II of this notice,
equivalent documents must be submitted in your country of origin. If it is impossible to
present one or more of the equivalent documents, the foreign company will present written
reasoning for this case.

3- Economic and Financial Qualification

3.1 - Equivalent documents must be presented in their country of origin, issued by public or private
entities, attesting to the requirements in sub-item “3 - financial and economic qualification -
item D” above.

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3.2 Any amounts presented in any of the documents requested in this Notice, particularly those in
the balance sheet and other financial statements, will be converted into Real (R$). For the
analysis of the documentation of foreign companies, the exchange rate to be used for
converting the foreign currency to Real (R$) will be the sales commercial, disclosed by the
Central Bank of Brazil, on the 30th (thirtieth) day before the date stipulated for the
presentation of the bids established in this Notice. The exchange rate date should not be
changed even in the event of an extension, by the Contracting Party, of the date of
submission of bids. If the 30th day coincides with Saturdays, Sundays or holidays, the
exchange rate of the first subsequent business day must be used.

4 -Technical Qualification

4.1 - Foreign bidders must present equivalent documents in their country of origin, issued by public
or private entities, proving that the company has the conditions established in item (4.2)
below.

4.2 - To comply with the requirements in sub-items “4.1 b)”, “4.3” - Technical Qualification of item D
above, the Bidders must prove the experiences required in the referred sub-items:

i) Operational Technical Training:

- list of Agreements and/or Statements of the contracted parties holding the services and/or
certificates as requested in item “4.1 b)” - Technical Qualification of item D above.

ii) Professional Technical Training:

- "Curriculum - vitae" of professionals who prove the performance of the services,


accompanied by documents, equivalent in their country of origin, issued by public or private
entities, which demonstrate that the requirements determined in subitem "4.3" - Technical
Qualification of item D are met previous, thus dispensing with the presentation of the
Technical Collection Certificate(s) (CAT).

a) The lists, statements, certificates and "curriculum-vitae" must contain necessary and
sufficient descriptions for a perfect evaluation by Auctioneer, and in the case of "professional
technical training" the "curriculum - vitae" must obey the model of Chapter V of this Notice.

b) The professionals referred to in this item, observing the immigration laws of Brazil, should be
part of the technical team that will be responsible for the work.

c) Indicate the contracted parties to whom SABESP may request information (company name,
means of communication and contact) about the agreements in the list, statement,
certificates and "curriculum vitae" presented, promoting the necessary steps.

5- Other documents

5.1 - General Statement of Responsibility for foreign companies not established in Brazil, as per
model - Chapter V.

NOTES:

1. Foreign companies not established in the Federative Republic of Brazil, as a member


of a consortium, must comply with the provisions established in Sub-Paragraph D -
Chapter II, in conjunction with the requirements in this Section D1, where applicable.

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2. When presenting equivalent documents from their country of origin, foreign


companies must be accompanied by their translation into Portuguese (BR), which will
prevail for any interpretation or divergence. If it is impossible to present one or more
of the equivalent documents, the foreign company will present written reasoning for
this case.

3. The Hague Convention of August 14, 2016, applies to this bidding process, with the
Apostille replacing “consularization” and giving international validity to the foreign
public document submitted by countries that joined the treaty.
The single legalization, via Apostille, does not apply to countries that have not
adhered to the treaty, with the requirement for legalization of foreign public
documents remaining.

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CHAPTER III - PROCEDURE AND JUDGMENT

SUB-PARAGRAPH A - OPENING OF PROPOSALS

1- The processing session of the SABESP Auction will be held, via INTERNET, by Auctioneer
with the assistance of the Support Team, designated in the Dossier of the process.

1.1 - For the session, an information technology tool will be used that allows the Auctioneer to
conduct the procedures during the Public Session. The electronic system uses encryption
and authentication features to ensure adequate security conditions at all events. The
Electronic Contracting environment mirrors the rules of SABESP's Internal Bidding and
Contracting Regulations, reproducing the procedures sequentially, enabling the receipt of
Proposals, holding the Public Session, and providing transparency, speed, and security to
the acts.

1.2 - Once the Accreditation has been completed, under the terms of Sub-Paragraph A of Chapter
II of this Notice, the Proposals are sent by an accredited representative until the date and
time limits and place stipulated in the Publication Text, the Auctioneer will start the Public
Session.

1.3 - The electronic system will only allow the submission of a single Proposal per Bidder.

1.4 - Respecting the period for the submission of proposals, the electronic system will allow its
replacement by the Bidder. It is impossible to send or replace Proposals after the established
deadline date and time, whatever the claim.

1.5 - Given that the proposal must be presented in the Budget Spreadsheet of the event,
completed in a specific SCREEN of the electronic system with the total value of the proposal
and never with unit prices of the services, the commercial judgment will always fall on the
total value offered.

1.6 - After the deadline set for sending the “Proposals”, no other will be received by SABESP, and
the Bidder has no right to complain.

a) All references in the Public Notice, in the notice and during the Public Session observe the
time in Brasília - DF and, thus, will be registered in the electronic system and the
documentation related to the event.

b) From the time provided for in the Public Notice, the Public Session of the SABESP Auction
by Auctioneer will begin through a personal and non-transferable password for accessing the
electronic system.

1.7 - The "Proposals" will be opened, in Public Session, by the Auctioneer appointed by SABESP,
who must immediately disclose the content of the "Proposals" in the form presented, without,
however, identifying the Bidders.

a) The operation of the electronic system, via “INTERNET”, is the exclusive responsibility of the
Bidder, which presumes its full capacity to carry out the transactions inherent to the SABESP
Auction.

b) The Bidder will be responsible for all transactions carried out on his behalf through his
password to access the electronic system, assuming his Statements, Proposals, and bids as
firm and true.

c) - The Bidder is also responsible for monitoring the operations of the computerized system
during the Public Session, responsible for the burden resulting from loss of business in the
event of non-compliance with any messages issued by the electronic system or for its
disconnection.

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1.8 - The disclosure of the identity of the authors of the "Proposals" and bids will only occur during
the qualification phase, both for the Auctioneer and for the Bidders and other observers,
except for the Bidder with the "best offer", which will be identified for negotiation purposes.

(i) for the good progress of the works, the Bidders must not identify themselves until the system
reveals their identity. However, the identification of Bidder (s), which does not prejudice the
process, will not constitute a reason for disqualification.

SUB-PARAGRAPH B - PROCEDURE AND REASON OF PROPOSALS

1 - Auctioneer will verify the compliance of the service offered by comparing it with the object bid
through the Statement of Conformity.

1.1 - Auctioneer will not consider any offer or advantage not provided for in this Notice, including
subsidized or non-repayable financing, nor price or advantage based on the offers of the
other Bidders.

2- Bidders' Proposals may be disqualified if:

2.1 - present total values that are manifestly unenforceable;

2.2 - present total symbolic, negligible or zero values, when incompatible with market values.

3 - After verifying that the Proposals comply with the bidding scope, those that comply will continue
in the event.

4 - When a single Bidder appears in the Auction, or there is only one valid Bid, the Auctioneer will
suspend the Public Session and, after analyzing the market limitations and other pertinent
aspects, including in terms of prices, will forward the process to the higher authority, which
will render a decision on the continuation of the event or its revocation.

5 - In the regulatory time granted by Auctioneer for the bidding stage, prevailing the time limit
registered by the system, on the panel and in a message registered in the “chat”, the bidding
stage will be initiated by the Bidders, which must be formulated, any of the Bidders classified,
at random, in different total values, decreasing and lower than the last bid offered by it and
registered in the system, allowing the dispute in any classifications in the event.

5.1 - Bidders holding the selected offers will be allowed to submit bids, only via the electronic
system, at random, and the bid offered and the time of the offer will be in the public domain.
Bids must be registered at the top of the panel, second field on the left, LANCE field.

5.2 - The minimum allowable discount for bids is R$588,000.00 (five hundred and eighty-eight
thousand reais). This discount must apply to a) concerning the lowest offer if the bid is
disputing the lowest offer, or b) concerning the last bid offered or proposed by the bidder
itself if the bid is disputing the other positions.

5.3 - The absence, in the Public Session, of the legal representative of the Bidder who submitted
his Bid, will not result in his disqualification, and his Bid will be dismissed; in this case, you
will only lose the right to file an administrative appeal.

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5.4 If the Bidder offers an incorrect amount in the bidding stage, he must admit it publicly through
the electronic system, within the time stipulated for bids, requesting its cancellation from the
Auctioneer who will decide motivated as to the acceptance.

6 - Auctioneer will stipulate regulatory time - totally controlled by the system - so that the Bidders
who hold the classified proposals may submit bids, according to the commands in item 5
above.

7 - When there is a bid in the last five minutes of the regulation time, the system will automatically
extend that time for an additional five minutes, from the moment of said bid, and if there is
still a bid in that extension, Bidders will be granted another five minutes, and so on, until no
more bids are recorded.

a) The extension time to be considered is the one registered in the panel and a message
registered in the “chat”, which is automatically administered by the system.

b) The time rounding criterion impacts this calculation of the extension time at the “seconds”
level and by the information processing time required by the system.

8 If no bids are made within the regulatory time, the compatibility between the “Total offered value”
Proposal and the estimated SABESP value for the agreement will be verified, assessing its
acceptability. In this case, Auctioneer is allowed, after analyzing the acceptability of the
offered price, to negotiate with the author of the best Offer under the terms of item XVII of art.
4 of Law 10520/02.

9 - Except for what is stipulated in subitem 5.4 above, there may be no withdrawal of the bids
offered, subjecting the abandoning Bidder to the penalties provided for in item 5 Sub-
Paragraph H of this Chapter III.

10 - Once the competitive stage has been declared and the Offers have been ordered, the
Auctioneer will proceed to examine them, observing:

10.1 -When the first offer is classified by the Bidder that does not fit in the treatment foreseen in
Complementary Law 123/06, will be identified by the system, all the values proposed by
companies that fall within the range of up to 5.00% higher (considered up to the 2nd
decimal place), to the proposal presented by the Bidder that holds the lowest bid so far.

10.2 -In the situation provided for in 10.1 above, the proposals submitted by companies that fit the
treatment provided for in Complementary Law 123/06 that have not made bids in the
competitive stage will also be identified by the system.

a) The Bidder who fits the treatment provided for in Complementary Law 123/06, which is better
classified, with his original proposal or with his last bid offered in the competitive stage, will
be granted a maximum period of 5 (five) minutes for the presentation of new value exempted
from the minimum bid reduction rule provided for in 5.2, however, which is lower than the
lowest price determined in the bidding stage, under penalty of preclusion, under the terms of
paragraph 3, item III of article 45 of Complementary Law 123/06.

b) The Bidder must manifest itself declaring its intention in the “chat”.

c) If it presents a value lower than the lowest price determined in the competitive stage, under
the conditions provided for in item “a” above, the company that falls under the treatment
provided for in Complementary Law No. 123/06 will have its Offer ranked first.

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d) The Right of First Refusal having been waived by the Bidder that fits the treatment
provided for in Complementary Law 123/06 called to formulate a new proposal, the other
Bidders holding the same treatment in the situations provided for in 10.1 and 10.2 above, in
the ascending order of classification for the exercise of the same right, under the terms of
item II of article 45 of Complementary Law 123/06.

e) If all companies that receive the treatment provided for by Complementary Law 123/06 in the
situations provided for in 10.1 and 10.2 above renounce the Right of First Refusal, the
company that originally submitted the proposal at the end of the bidding stage will be
considered first classified. of lesser value, under the terms of paragraph 1, item III of article
45.

Note: The absence, in the public session, of the Bidder's legal representative who fits the treatment
provided for by Complementary Law 123/06, will result in the preclusion to exercise the Right
of First Refusal conferred by Complementary Law 123/06, especially the paragraph 3, item
III of article 45.

10.3 - At the end of the bidding stage, there was a tie between two or more proposals in the first
position of the classification, the new ordering of the values will be carried out based on the
criteria listed below, which will be applied in a successive and orderly manner:

(i) products and services produced in the country.


(ii) produced or provided by Brazilian companies.
(iii) products and services produced or provided by companies that invest in research and
technology development in the country.
(iv) produced or rendered by companies that prove compliance with the reserve of positions
provided by law for people with disabilities or for Social Security rehabilitation and that meet
the accessibility rules provided for in the legislation.

10.4 -Persistent the tie, the Auctioneer will make a raffle through the system, in Public Session,
which will present its result offering the format of the new order, valid for all the effects of the
bidding procedure.

10.5 - In due course, this procedure will also be adopted for the tiebreaker in other positions.

11 - In compliance with the rules in item 10 above, after the negotiation, Auctioneer will
examine the acceptability of the first classified Offer in terms of value, making a motivated
decision about it.

12 - SABESP Budget is stipulated as the maximum limit for the total value of the Offer. The
acceptability criterion of the “total amount offered” will be compatible with the “total amount
budgeted by SABESP's Price Bank” in the Price Sheet, contained in Chapter VI of this
Notice.

13 - If the offer does not meet the conditions of acceptability, Auctioneer will examine the
subsequent offer, taking it to negotiation, verifying its acceptability, observing the order of
classification of the Offers and the rules in items 10.1, 10.2, 10.2 a), 10.3 and 10.4, and so
on, until the determination of an Offer that meets the Public Notice.

14 - In the situations provided for in items 8, 11 and 13 of this Sub-Paragraph and 5 of Sub-
Paragraph C below, Auctioneer may negotiate directly with the Bidder holding the Offer
classified below to obtain a total acceptable value

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15 - Auctioneer has the right to request the winning Bidder, the composition of prices of services
and/or prices of materials/equipment, as well as any other clarifications it deems necessary,
for which it will set a deadline, without prejudice to the continuity of the session.

16 - In the event of disconnection of Auctioneer, due to technical problems occurring on the


SABESP website, during the competitive stage or the granting of the Right of First
Refusal provided for in 10.2 a), the electronic system may remain accessible to Bidders to
receive bids, resuming the Auctioneer, when possible, his performance in the event, without
prejudice to the acts performed.

16.1 -In the event of disconnection due to technical problems occurring on SABESP’s website, at
any stage of the Auction, Auctioneer will resume the process, deciding on its continuity,
without prejudice to the acts performed.

16.2 -In any case, when the disconnection persists for more than ten minutes, the session may be
suspended and restart only after express communication to the Bidders, or after the
knowledge of all Bidders, the Auctioneer will proceed with the Public Session of the Auction.

16.3 -When the disconnection persists, preventing the continuation of the Auction, it will be
automatically suspended. However, the acts practiced and registered by the electronic
system will be considered valid and usable. The resumption of work will obey the
reasonableness regarding the advance between SABESP's express communication and the
date/time for resumption of work from the point from which the session was stopped.

SUB-PARAGRAPH C - QUALIFICATION

Once the acceptance of the best-classified Offer has been disclosed, Auctioneer will proceed
to verify the documentation and the Status of the Registration Form available at that time in the
Unified Registry of Suppliers of the State of São Paulo - CAUFESP, of the Bidder who formulated
it, to confirm its qualification, based on the provisions of this Notice in its Chapter II, Sub-Paragraph
D, ensuring the right of the Bidder to remedy formal failures, presenting updated and/or regularized
documentation, provided they are made in the session itself.

To do so, you must send it to the auctioneer, at your request or on the initiative of the Bidder itself,
via upload made available by the system or via email (Law 9800, of May 26, 1999, that allows the
use of the system transmission of data for the practice of procedural acts, applicable by extension
to administrative proceedings), the number of which will be confirmed at the appropriate time by
Auctioneer. It will not be necessary for the Bidder to submit the CAUFESP Registration Form,
given the verification by Auctioneer with the Unified Registry of Suppliers of the State of São Paulo
- CAUFESP to verify the conditions of qualification of the Bidder.

Auctioneer will check the compliance of the “Qualification Documents” that have been sent via
upload or via e-mail to produce the necessary effects for the clarification(s)/correction(s) required.
In this case of forwarding, the Bidder will have until the next business day to send the original
document or the duly certified copy to the unit responsible for conducting the bid.

In summary, the Qualification Documents will be examined by the Auctioneer, observing the
following criteria:

1 - The Auctioneer will verify the compliance of the Qualification Documents, allowing the Bidder to
remedy formal failure(s) related to the Qualification Documents in the session itself.

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1.1 - Auctioneer will take steps with the Unified Register of Suppliers of the State of São Paulo -
CAUFESP, observing the specific market segments not included in the list of documents
required by CAUFESP.

1.2 - It will be admitted, for correction of the formal failure(s), the forwarding of a
document(s)/clarification(s) via upload or by email or by any other method, which will produce
the effect(s) necessary for clarification(s)/correction(s). In this case, the Bidder will have a
deadline of up to the business day following the session unless SABESP establishes another
deadline for sending the original document or the duly certified copy.

a) The updated and/or regularized documentation sent by the Bidder will only be used to meet the
requirements defined for this Bidding Process.

1.3 - Purely declaratory information from the Bidder, confirmed by its legal representative, will be
considered sufficient for qualification, which will be duly recorded in the minutes of the Public
Session of the Auction.

1.4 - Failure to comply with non-essential formal requirements will not matter in removing the
Bidder, as long as it is possible to check his qualifications and the exact understandings of
his Bid during the Auction’s Public Session.

2 - Regardless of whether the CAUFESP Registration Form contains the Negative or Positive
Debt Certificate with Negative Effects - CNDT will be obtained by SABESP from the Labor
Justice portals - Superior Labor Court, Superior Labor Justice Council or Regional Courts of
the Work and its regularity checked for validity at the time of signing the agreement.

a) In the absence of consultation with the Labor Justice portals, SABESP may:

(i) request that the valid document be sent when the agreement is signed by electronic means,
which will be the object of authenticity verification, at the earliest opportunity,
or
(ii) accept the Negative Certificate of Labor Debt or Positive with Negative Effects - CNDT,
which appears on the Bidder's CAUFESP Registration Form, if it is valid at the time of
signing the agreement.

- SABESP will verify, at the time of signing the agreement, the regularity of the documents
presented by the Bidder, upon consultation via INTERNET, of the condition of the Bidder's
registration in the National Register of Legal Entities - Corporate Taxpayer’s ID and its
Registration Status with the Federal Revenue of Brazil and the Fiscal Regularity of the
Bidder, with the Federal Revenue of Brazil and the Attorney General of the National
Treasury.

- SABESP will confirm, at the time of signing the agreement, the veracity of the negative or
positive Certificate with negative effects of debts related to federal tax credits and the active
debt of the Union, on the INTERNET, presented by the Bidder. Likewise, SABESP will be
able to confirm the authenticity of the Situation Regularity Certificate before the FGTS -
CRF, by consulting Caixa Econômica Federal, through the INTERNET and the debit
certificate with the Municipal Treasury or positive with negative effects regarding the
regularity with the Municipal Finance Secretariat, in the Municipalities that provide this
service.

2.1 - When any of these documents are replaced by the CAUFESP Registration Form, SABESP
will dispense with consultations via INTERNET.

3 - Once the qualification requirements foreseen in this Notice are met, the Bidder will be qualified
and declared the bid winner.

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4 - The Bidder who fails to present or prove any of the documents requested in item D -
Qualification Documents of Chapter II, or does so incompletely or incorrectly, will not be
qualified, respecting the possibility of sanitation allowed in this Sub-Paragraph C.

4.1 - The disqualification of any legal entity that is part of a consortium will result in the automatic
disqualification of the Consortium.

5 - If the Bidder holding the Offer with the lowest total value is declared disqualified, Auctioneer
will resume the commercial phase and examine the subsequent offer, taking it to negotiation,
verifying its acceptability and, if so, proceeding with the qualification of the Bidder, in the
order of classification, and so on, until the determination of an Offer that meets the Public
Notice, the respective Bidder declared the winner and awarded the bid.

5.1 - The provisions of item 10 of Sub-Paragraph B of this Chapter III apply to this rule if, among
the subsequent offers, there is a Bidder as a company that holds the treatment provided for
in Complementary Law No. 123/06.

6 - In the case of companies that have the treatment provided for in Complementary Law 123/06,
there is some restriction in proving tax and labor regularity, under paragraph 1 of article
43 of the law mentioned above and its subsequent amendments; the certificates must be
regularized when the agreement is signed.

7 - Failure to regularize the documentation within the prescribed period will imply a decay of the
right to contracting, without prejudice to the sanctions provided for in item III of Article 195 of
SABESP's Internal Bidding and Contracting Regulations; SABESP being allowed to call the
remaining Bidders in the order of classification, to resume the commercial phase and
examine the subsequent offer, observing the Right of First Refusal to the companies that
have the treatment provided for in Complementary Law 123/06 and the commands of item 10
of the Sub-Paragraph B of Chapter III or revoke the bidding procedure.

8 - Once the requirements established in the Public Notice have been met, the Bidder will be
declared the winner.

SUB-PARAGRAPH D - ADMINISTRATIVE RESOURCES

1 - Once the winner is declared, in the Public Session, any Bidder may immediately and motivated
to express the intention to appeal, when he will be granted a period of 3 (three) business
days to present the reasons for the appeal, the other Bidders being immediately summoned
to present counterarguments in an equal number of days, which will start counting from the
end of the applicant's term, being guaranteed a view to the Dossier, preferably after
scheduling the date and time with the person responsible for the bidding procedure, as stated
in the Publication Text (Consultations and Supplementary Information), of this Notice.

1.1 - The intention to appeal will be made at the end of the session, with a record of the summary
of its reasons.

1.2 - When the appeal is lodged, the Auctioneer may reconsider his decision, including in the
session itself, invalidating unusable acts and resuming the Auction procedure, or forward it
duly informed to the Competent Authority.

1.3 - The absence of an immediate and motivating manifestation by the Bidder will result in the
decay of the right of appeal, in the award of the object of the bid by the Auctioneer to the
winning Bidder and the forwarding of the process to the Competent Authority for approval.

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1.4 - The reasons and counter-reasons mentioned above must be addressed to Auctioneer and
sent via an electronic system, within the established deadlines, to the Unit Responsible for
the event - Bidding Department for Works and Services - CSS at the address -
www.sabesp.com.br in the supplier's access.

2- The appeal against Auctioneer 's decision will have suspensive effect.

3 - The acceptance of an appeal will result in the invalidation of only insusceptible acts of
exploitation.

4 - Once the resources have been decided and the procedural acts are regular, the Competent
Authority will award the object and ratify the Auction, determining the contracting.

5 -After manifestation by the Competent Authority, the administrative appeals phase ends.

SUB-PARAGRAPH E - CLOSING OF THE PUBLIC SESSION

1 - The minutes of the Public Session of the Auction SABESP must contain all the occurrences of
the Public Session, particularly the classification of the Proposals, the values of the bids
presented, the indication of the winning Bidder, and will be disclosed in the electronic system.

2 - The Dossier of the process and the respective documents that constitute it are available, open
to interested parties at any stage of the process.

2.1 - For more comfort of the interested parties and aiming at the operationality of the act, the
Bidder must set a date and time with the analyst responsible for the bidding procedure, as
stated in the Publication Text (Consultations and Supplementary Information), of this Notice.

2.2 - The documents sent to Auctioneer via "upload" will be available for "download" after the
qualification phase of the Auction and with open views to anyone interested in the Dossier of
the bidding process.

3 - At the end, the system provides the history of registration of Proposals and Bids, the result with
the classification, in order of final amounts offered, negotiation record and the final result of
the event with the indication of the winner or if it was considered a failure or desert.

a) The Auctioneer may also close the Auction by submitting to the Competent Authority the
annulment or revocation of the process.

4 - The Auctioneer must review his acts when the knowledge of a fact or case is verified, before or
after the judgment of the event.

SUB-PARAGRAPH F - AWARD AND APPROVAL

1 - If there is no motivated manifestation of appeal, Auctioneer will award the object of the event
to the winning Bidder, holder of the best Offer and qualified by Auctioneer;

2 - In case of administrative appeal, after the decision, the Competent Authority will award the
object of the Auction to the winning Bidder;

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3 - In the event of the occurrence of item 8 of Sub-Paragraph D - Qualification Documents -


Chapter II - Accreditation, Proposal and Qualification, a conditioning factor for the signing of
the agreement, SABESP will wait a reasonable time established by Auctioneer for the
winning Bidder to present the regular status document, with the corresponding body and in
case of non-proof, it will be declared disabled, and your proposal will be excluded. In this
case, the Auctioneer will call the Bidder holding the Proposal classified below, reclassifying
them for negotiation in a new Public Session.

a) In the event of the disqualification of the winning Bidder motivated by a supervening fact, which
may not be proven through the corresponding regular status document, the Public Session of
the trading session will be resumed to enter into negotiations with the Bidder with the best
offer, and everyone will be guaranteed the right administrative appeal.

3.1 - The elaboration of the Quantitative and Unit Prices Spreadsheet should be based on the
Price Spreadsheet that is part of the Notice in Chapter VI.

When there are several service fronts, it will not offer different prices for items with the same
price number.

When preparing its Commercial Proposal, the Bidder must consider the quality required by
SABESP for the services, a condition which the signatories of the Worksheet have ratified.

a) The winning Bidder must date, stamp and sign all sheets of the Quantitative and Unit Price
Worksheet and fill in the columns for all unit/global prices, total correspondents, and sum
fields, without committing erasures and/or omissions of any price that it is requested.

(i) All cash prices in the Quantitative and Unit Prices Spreadsheet must be written in Reais - R$, to
two decimal places.

b) The Quantitative and Unit Prices Spreadsheet must be accompanied by its electronic file,
which can also be sent via e-mail to Auctioneer.

4 When preparing its Spreadsheet, the Bidder must observe the use of the SPO.exe Program
available at www.sabesp.com.br in the supplier's access/electronic bidding, which will allow
generating the Final Spreadsheet in the required format. The same program manual is also
available at the same address.

a) The corresponding unit prices in the Price Sheet set out in Chapter VI of this Notice will be
considered as maximum limits for all prices offered.

(i) The rules previously established constitute beacons for obtaining the spreadsheet that will be
part of the agreement. After the Public Session, when the winning Bidder prepares the final
worksheet, SABESP will allow necessary adjustments according to the reality of the Bidder,
situations to be analyzed and previously approved.

4.1 - The delivery of the Quantitative and Unit Prices Spreadsheet must occur until the 2nd (second)
business day after the Public Session unless SABESP establishes another deadline.

a) Rounding calculations will be allowed to obtain the award conditions.

b) All sheets of the Budget Spreadsheet must be signed by the Bidder and by an engineer
legally qualified in the specialty, indicating his name and portfolio numbers and
Registration with CREA (Law 5194/66, Article 14).

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c) The Budget Spreadsheet may be sent via email to Auctioneer, at SABESP's discretion,
provided it is signed through an electronic signature with digital certification (e-CPF).

4.2 - only in special situations, duly confirmed by the Bidder in a detailed technical report and
approved by the Auctioneer and the Competent Authority, unit prices higher than those in the
budget estimated by SABESP may be accepted.

a) if SABESP does not approve the technical report submitted by the Bidder, the Bidder must
submit a new spreadsheet, with the unit prices adjusted to the proposed limits, without
changing the final total value obtained in the bid.

4.3 According to the items above, SABESP reserves the right to negotiate the values of the various
unit prices proposed by the Winning Bidder, subject to the same total amount subject to the
award.

4.4 - Stalemate situations will condition the approval of the process.

5 - Once the Competent Authority has approved the competition, the contracted party will be called
upon to sign the agreement within the period defined in Sub-Paragraph G of this Chapter.

6 - The Auctioneer or Competent Authority reserves the right not to award and the Competent
Authority not to approve the bidding procedure if it is proven that the result of this bidding
process has not been competitive, subject to the due administrative process.

SUB-PARAGRAPH G - SIGNATURE OF THE AGREEMENT TERM

1 - The Bidder, to whom the agreement for the services object of the Notice is awarded, will be
notified to formalize it, according to the procedure stipulated in the notification itself, within a
maximum period of 3 (three) business days.

a) at Sabesp's discretion, the future agreement may be formalized through electronic signature,
with digital certification (e-CPF).

1.1 - The signing of the agreement term will be subject to:

(i) the verification of the regularity of the required certificates during the qualification phase
(according to Statement of Full Compliance in relation to Tax and Labor Regularity), in order
to prove the condition of the Bidder.
(ii) verification of enrollment in the National Register of Legal Entities - Corporate Taxpayer’s ID
and its Registration Status,
(iii) the verification of the Regularity of the negative or positive certificate with negative effects of
debts related to federal tax credits and to the active debt of the Union,
(iv) the verification of the regularity of the situation before the Seniority Guarantee Fund
– CRF,
(v) the verification of the regularity in bidding and contracting within the scope of the
Government of the State of São Paulo, under the terms of art. 27 of SABESP's Internal
Bidding and Contracting Regulations, or reported untrue in any of the spheres of
Government, under the terms of the same article,
(vi) prior consultation with the Informative Register of Unpaid Credits of state agencies and
entities - CADIN ESTADUAL. The existence of a negative record will prevent the signing of
the agreement, under the terms of State Decree 53455, of September 19, 2008;
(vii) the registration in the Registry of Titles and Documents of the service agreement, as referred
to in item (i) of letter “b” of item 4.3 of Sub-Paragraph D of Chapter II of the Notice.

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(viii) the previous constitution and registration of the consortium under the terms of the
commitment specified in subitem 1.10, item 1 - Legal Qualification, Sub-Paragraph D -
Qualification Documents - Chapter II in the same content as the document analyzed
and approved in the qualification phase, as well as the registration in the National
Register of Legal Entities - Corporate Taxpayer’s ID, within a maximum period of 07 (seven)
business days from the receipt of communication in this regard.
(ix) the presentation - for the case of Bidder and professionals - Technical Liability Officer and
Coordinator indicated in item 4 - Sub-Paragraph D of Chapter II; not registered in the State of
São Paulo - of the Registration Certificate of the legal person and professional targeted by
CREA-SP - 6th Region, authorizing them to exercise their activity in this Region, under the
terms of article 58 of Law 5194/66.
(x) the presentation of the Statement of Existence of Related Parties - Suppliers.
(xi) upon payment as guarantee of agreement the amount of 5% (five percent) of the value of the
agreement, within a maximum period of 05 (five) business days from the receipt of
communication in this regard.

1.2 - the guarantee can be made in national currency, and/or by letter of bank guarantee, and/or by
guarantee insurance (according to SABESP models). It will be mandatory to notarize the
signatories' signature, except when mechanically certified, of the following documents: bank
guarantee letter and guarantee insurance policy.

a) The guarantee provided in the guarantee insurance modality must be accompanied,


necessarily, by the Certificate of Operational Regularity with SUSEP - Superintendence of
Private Insurance, in the name of the Insurer that issues the policy;

b) in the case of a guarantee in national currency, the Bidder must request at the MCD16 -
Administrative and Financial Department Center, accounts payable - Rua Sumidouro, 448 -
São Paulo - SP, data for the bank deposit; and present in the same unit, via a “control” duly
authenticated (mechanically) by the receiving bank or deposit receipt.

2 - As a condition for signing the agreement, the Winning Bidder must maintain the same
Qualification conditions, including the Headquarters/Subsidiary indicated for billing purposes,
when applicable.

2.1 - When the winning Bidder does not present a regular situation, at the time of signing the
agreement, another Bidder will be called, subject to the order of classification, to agree, and
so on, without prejudice to the application of the applicable sanctions, subject to the
provisions of the items 11 of Section B and 5 of Sub-Paragraph C of this Chapter.

2.2 - The acts resulting from this new call will be carried out in a Public Session, with the direct call
of the remaining Bidders classified for analysis of the acceptability of the total amount and, if
applicable, proceed to Negotiation and Qualification.

3 - If the winning Bidder unreasonably refuses to sign the agreement, the procedure will be
resumed, and the next classified Bidder will be called, and the provisions of items 11 of
Sub-Paragraph B and 5 of Sub-Paragraph C of this Chapter will apply.

3.1 - If there is more than one refusal, the same procedure can be adopted for the other Bidders
holding classified Proposals.

4 - Failure to comply with the conditions set out in item 1.1 or failure to appear for the signature of
the agreement term within the term outlined in the notification, or the performance of any act
on the part of the Bidder, which makes the agreement unfeasible, will imply the
disqualification of the Bidder and/or declassification of your Proposal, as well as being
subject to the sanctions provided for, fixing as a fine the percentage of up to 5% (five
percent) of the updated value of the agreement.

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5 - Exhibit I will be included in Agreement called the Term of Science and Notification, in
compliance with Instructions 01/2020, of the Court of Auditors of the State of São Paulo.

SUB-PARAGRAPH H - FINAL PROVISIONS

1 The disciplinary rules of this event will be interpreted in favor of the widening of the dispute,
respecting the equality of opportunity between the Bidders and, as long as they do not
compromise the public interest, purpose, and security of the contracting.

2 - The publicity of the acts pertinent to this event and subject to disclosure, as well as the result of
this Auction will be disclosed on the SABESP website - www.sabesp.com.br in the supplier's
access.

3 - The extract of the terms of the agreement and any amendments thereto will be published in the
Official Gazette of the State of São Paulo and on the SABESP website - www.sabesp.com.br
in the supplier's access.

4- Omissions in this Auction will be resolved by Auctioneer.

5 - The Bidder who summoned within the validity period of his Bid, does not agree, fails to deliver
the required documentation for the bid or presents false documentation, gives rise to the
delay in the execution of the bid and/or its object, does not keep the Bid, fails or defrauds in
the execution of the agreement, behaves in an unfaithful manner, makes a false statement or
commits tax fraud, with the right to be heard before the adversary and ample defense, will be
prevented from bidding and contracting within the scope of the State of São Paulo, under the
terms of Decree 48999, of September 29, 2004, for a period of up to five years, as long as
the reasons for punishment persist or until rehabilitation is carried out before the authority
that applied the penalty.

5.1 - Penalties must be registered on the website www.esancoes.sp.gov.br - link Administrative


Sanctions e-Sanctions or www.bec.sp.gov.br, without prejudice to the fines provided for in
the Public Notice and other legal agreements.

5.2 - The Bidder who behaves in such a way as to disturb the Public Session will also be subject to
verbal and written warning.

a) the warnings may be registered in SABESP's General Register of Suppliers.

5.3 - In particular, when Auctioneer found that the Statement of the Right of First Refusal was
false, through due diligence under the terms authorized by SABESP's Internal Bidding and
Contracting Regulations and in Sub-Paragraph - Complementary Clarifications and
Clarification of Faults; guaranteed the right to contradictory and ample defense, the sanctions
established in this item 5 will be applied, adopting a period of up to 05 (five) years.

5.4 - Likewise, if Auctioneer found that the Compliance Statement was false in the situation of
companies that received the treatment provided for in Complementary Law 123/06, through
diligence under the terms authorized by Article 67 of SABESP's Internal Bidding and
Contracting Regulations and Sub-Paragraph - Due Diligence, Complementary Clarifications
and Fault Remedy; guaranteed the right to contradictory and ample defense, the sanctions
established in this item 5 will be applied, adopting a period of up to 05 (five) years.

6 - In particular, if the “Statement of Independent Preparation of Proposals” is found to be


false, SABESP may request compensation for the losses caused to it, subject to the due
administrative process, without prejudice to the sanctions previously provided for.

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7 - After the initiation of an administrative proceeding, which will always observe the due legal
process and, once the responsibilities have been determined, they may be applied to legal
entities considered responsible for the harmful acts provided for by Law 12846/13, effective
as of January 28, 2014; the sanctions provided for in Article 6.

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CHAPTER IV - DRAFT AGREEMENT TERMS

The specifications contained in the following draft basically constitute the full text of the term of the
agreement to be signed by the CONTRACTOR, which undertakes, from now on, as it is of its widest
knowledge, to accept them as drafted, for all the foreseen and emerging legal effects of this bidding
procedure.

SABESP, however, has the right to formally change the text of the agreement terms, safeguarding,
however, the essence of its provisions.

This agreement terms was prepared based on the Internal Bidding and Contracting Regulations of
Companhia de Saneamento Básico do Estado de São Paulo – SABESP, in effect, available on
SABESP’s website - www.sabesp.com.br.

Thus, this an instrument that specifies the procedures to be adopted to meet the standards
established by SABESP, under the provisions of Federal Law 13303, of June 30, 2016.

The agreement to be signed by SABESP from this bidding procedure is regulated by its clauses,
Federal Law 13303, of June 30, 2016 and by the precepts of private law.

IMPORTANT
Other terms of this Notice kept in Portuguese (BR), to ensure its correct content.

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