Tuesday, October 31, 2023, 00:24
The government team can breathe easy. The garbage service, at least for now, will not change hands more than a year after it is awarded. The Superior Court of Justice of the Valencian Community (TSJCV) has rejected the appeal of the UTE Valoriza-STV, which came second in the competition for the management of urban waste and street cleaning in Torrevieja. Acciona, which had already managed the service since 2004, was the winner in this tender.
Since July 2022, these resources have been passed from court to court. Valoriza-STV appealed the decision in the first instance before the Central Administrative Court of Contractual Resources, which had already validated the entire procedure.
The company demanded that the bidding process be ordered to go back to the moment in which Acciona’s offer should have been excluded, considering that it did not comply with the specifications, and that a new evaluation of the offers be ordered.
The Superior Court, on the other hand, understands that, later, Acciona provided the documents it needed to compete, including the economic study with the costs of personnel, machinery or containers. A basic role to be able to evaluate his technical offer based on the economic offer presented. An offer that, later, had the approval of the City Council technicians, once reviewed.
It is for all this that the superior court considers it appropriate to dismiss Valoriza-STV’s appeal and even, it adds, impose on this company the costs of the procedure “with a limit of 4,000 euros for all concepts.” Even so, the court recognizes, there would be one last loophole. The plaintiffs could still appeal the ruling in cassation before the Supreme Court.
The awarding of this service was especially controversial with accusations from the opposition for what they considered a dubious award. During the current mandate, it has not left due to the complaints from Seprona for the misuse of the ecopark, the workers and the poor evaluation of the external audit that has forced Acciona to be sanctioned by reducing the July invoice by 584,000 euros. for multiple breaches of the specifications.
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