The order indicates that if this measure is maintained “there would be obvious damages both for the general interest of the citizens and for the interest of the rest of the bidding entities”
The Superior Court of Justice of the Region decided this Thursday to lift the precautionary measure imposed on the opening act of the third envelope of the contest for the award of regional television 7TV, which was requested by one of the bidders, according to sources in the Community. .
The order indicates “that the measure should be lifted since the legal and jurisprudential requirements that justify its maintenance do not meet.” “We cannot ignore on this issue that none of the other bidders has challenged any of the administrative acts relating to the appointment of the members of the Committee of Experts,” he highlights.
“After examining the allegations of the defense of the Autonomous Community, we appreciate that if the suspension is maintained, there would be evident damages both for the general interest of the citizens and for the interest of the rest of the bidding entities,” adds the Supreme Court.
The legal reasoning of the Supreme Court in the order also indicates that “the public act of opening of envelope no. 3 must be held in accordance with the provisions of Law 9/2017, of November 8, on Public Sector Contracts and in the Statement of Particular Administrative Clauses ». «As the Administration’s defense maintains, the suspension of the procedure implies a serious damage to the general interests and to the rest of the bidders who have prepared their offers, and if the Administration does not resolve, they are within their right to withdraw them (article 158.4 of the LCSP), which would prevent the Administration from obtaining the most advantageous offer by reducing competition between bidders and this would seriously harm the general interests, “the order details.
Following the letter of the TSJ, the process continues and the companies that opt for the contest will be summoned as soon as possible. From the Community they defend that “the principles of equal treatment and opportunities for bidders and the principle of transparency in all phases of the procedure have always been safeguarded.”
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