The TACRC gives the reason to the City Hall and confirms that the municipal action was correct
The Central Administrative Tribunal for Contractual Resources (TACRC), under the Ministry of Finance and Public Administration, has dismissed the appeal filed by Fomento de Construcciones y Contratas (FCC) against the award of the basic cleaning and maintenance contract Municipal and educational centers of Benidorm '. An award that was agreed in full on 16 February and left this contract in the hands of the company OHL, which scored highest in the open competition convened by the City.
The Councilor for Contracting in Benidorm, Lourdes Caselles, stressed that "the ruling of the TACRC is to give reason to the reports of municipal technicians on this award, thus rejecting the arguments put forward by the still awarded FCC."
In its appeal FCC argued that OHL "should have been excluded from the tender for failure to comply", in its opinion, "the requirements imposed" by the specifications of the City Council. Specifically, the mercantile claimed that the offer of which it was awarded did not include some elements required, so it should not have been valued. In addition, he questioned the technical assessment made by the City Hall staff when punctuating the improvements to be implemented or those of material means or products, and the system of supervision of the works.
After analyzing the arguments of the three parties - FCC, new adjudicator and City Hall -, the TACRC maintains that "none of the defects attributed to OHL's offer ... are sufficient to cause the legal consequence of exclusion from the tender ". It adds that "both the explanations offered by the Administrative technicians" and those of the "bidding company" lead "to the conclusion that the appellant essentially seeks to shield itself in alleged deficiencies" in order to "exclude its main competitor or alter the score Of the technical assessment "enough to decant the award in their favor.
This body adds that "it has not been proven, therefore, that the technicians of the Administration have acted arbitrarily or have provided independent technical criteria that contradict the conclusions of those".
Caselles has remarked that "the Tribunal concludes that the City Council acted correctly when awarding this contract to OHL".
This resolution ends the administrative route, so if you want to go ahead against the FCC award you must go to the Superior Court of Justice of the Valencian Community (TSJ).
