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Forensic Services in Public Procurement and Infrastructure

Did the bids come from the same computer, and is the screenshot used to seek annulment of the tender genuine? In public procurement and contracts, the dispute runs through files and systems, and the examination says what they actually show.

The question

Where forensics comes in

Lei 14.133/2021, the Brazilian public procurement statute, requires tenders to be held preferably in electronic form (art. 17, §2º) and the records to be produced preferably in digital form (art. 12, VI). In practice, the evidence of a fraud, or of a false accusation, lies in files, metadata and system records.

Forensics in public procurement has two fronts. The documentary front examines bids, certificates, declarations and screenshots. The systems front examines what the contract delivers: software, measurement, billing, installed infrastructure. The same examination serves the action for annulment, the administrative improbity action and the discussion of the contract's economic balance.

Adriano Vallim acts as court-appointed expert and as party-appointed expert.

Examinations

Typical situations

Forged evidence

Forged evidence to annul the tender

A competitor files a screenshot that supposedly shows a flaw or fraud in the tender. The content of a page can be edited in the browser itself before capture. The examination verifies whether the screen existed as shown and, from the file's metadata, who produced it.

Collusion

Bids with the same author

Bids from "competing" companies with the same author, the same computer or the same file template indicate collusion. Metadata fraud in public tenders shows up in those coincidences and in the internal structure of the documents.

Certificate

Certificates and declarations

Certificates of technical capacity with a disputed signature or an altered file. The examination combines forensic handwriting, on paper, and digital questioned document examination, in the PDF.

Function points

Software price measured

When the contracting authority requires the bidder to demonstrate that the bid is feasible (Lei 14.133/2021, art. 59, IV and §2º), the price needs a basis. In software, function point counting measures the size of the system by what it delivers to the user, and not by the hours declared.

Systems

Systems, measurement and billing

Was the software delivered as contracted? Are the figures from the measurement system reliable? Does the billing match what the system recorded? The examination of billing systems reads databases and logs and answers with dated evidence.

Infrastructure

Technical site inspection

When the dispute is about what was installed, the examination goes to the site. The inspection records what exists, how it works and what changed, and brings that into the proceedings with photographs and a technical description.

Case work

Situations like yours have been through this laboratory

REAL CASE · ANONYMISED

The evidence forged in the browser

In proceedings to annul a public tender, the company that came third alleged fraud in the tender and filed digital evidence.

The examination demonstrated that the evidence had been forged: the content displayed in the browser was tampered with before being captured. The metadata of the tampered file indicated who created the material.

The fraud was the accuser's. The attempt to annul the tender failed, and the winning company carried out the services.

REAL CASE · ANONYMISED

Inspection of the toll plazas

A lawsuit involving the public treasury concerned the deployment of new technology in a highway toll system and the changes that had affected the economic balance of the contract.

As court-appointed expert, Adriano Vallim carried out the technical site inspection of every toll plaza, to establish whether the new technology had actually been deployed and whether the changes were necessary.

The expert report brought into the proceedings what was found on site, and not only what the parties' documents said.

REAL CASE · ANONYMISED

Function points to justify the price

A company needed to justify, in a tender, the amount it charged for a software service, which differed from the other bidders' amounts.

The examination performed a function point count of the scope, measuring the functional size of what would be delivered.

The price justification gained a measurable technical basis.

Frequently asked questions
Did the bids come from the same computer?
Files usually store author, company, program, version and creation and editing dates. Coincidences in those fields, together with the internal structure of the documents, indicate a common origin. The expert report states the degree of certainty of each indicator.
Is a screenshot of the procurement system valid as evidence?
On its own, it is worth little. The content of a page can be altered in the browser before capture, with no visible mark in the image. The examination compares the screenshot with the system's records and examines the file itself.
Is the certificate of technical capacity genuine?
The examination verifies the signature and the document and, when it is digital, the file and the electronic signature. It also compares the certificate with the contracts and records of the service it claims to prove.
Are the figures from the measurement system reliable?
The examination looks at the system at source: database, change logs and calculation rules. An entry altered directly in the database, bypassing the application, leaves traces.

See also

Computer Forensics and Digital Investigation →   Digital Questioned Document Examination →   Forensic Handwriting and Questioned Document Examination →   Software and Development Project Forensics →   Digital Authorship and Subscriber Data Disclosure →   Judicial and Extrajudicial Expert Work →

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