Tuesday 6th July 2021 – CARLOS LÓPEZ with Mike Smith
The Ministry of Finance’s Central Administrative Court of Contractual Appeals has rejected an appeal filed by SAV for the award of the rubbish collection contract to TETMA. But it is not the only appeal, since the current head of the precarious service (without a contract and with monthly bills of 360,000 euros that must go through the plenary to be paid) has also decided to resort to same process.
The court published its rulings on its website, and in a document dated June 19, its experts reject the arguments of Sociedad de Agricultores de la Vega (SAV) “for finding us before an unqualified procedure and not subject to challenge through a special appeal of contraction”.
As reported by SAV to XAD, its appeal was based on the fact that they felt “helpless” and in its response it claims that “the concurrence of bad faith or recklessness in the filing of the appeal is not appreciated, so the imposition of the sanction” provided for in the Public Sector Contracts Act.
The report itself points to the next step that the Valencian company could take and is none other than to take the matter to the Administrative Litigation Chamber of the TSJCV for which it has a period of two months to do so.
And, now, the CESPA appeal
The road to awarding this contract is even longer. As XAD has learned, an appeal has now been filed by the current service provider, Ferrovial’s subsidiary, CESPA.
CESPA was the second best valued offer with 85.13 points, compared to the 90.12 that was gained by TETMA. CESPA had offered a price of 197 euros per ton collected (compared to 187 offered by TETMA) and in the part of road cleaning, its maximum offer was 2.74 million euros.
The lucrative contract of about 5 million euros, makes the companies try to get the award cancelled and for this they use all the means at their disposal, even get to court and stop the necessary renewal of this obsolete service.