The special appeal filed in June by the second classified company against the award of the contract for the urban waste collection and street cleaning service has been rejected. With this decision of the Central Administrative Court of Contractual Appeals, the contract awarded by the Calp Town Hall to Acciona for an amount of 38.738.553,59 € and 9 years is reactivated again.
In its resolution, the Court endorses the actions of the Contracting Committee and the Committee of Experts and considers that their actions are in accordance with the law and lifts the suspension of the contracting procedure.
The ruling states that "From a procedural point of view, no reproach can be made against the procedure for assessing the bids, as the technical report was requested from the Committee of Experts, the technical report was issued on 30 January 2023, and it can easily be concluded from its content that there is no defect of motivation, nor error or arbitrariness in its formulations, as it is sufficiently detailed and comprehensive of all aspects of the bids of the bidders".
At the plenary session last May, the contract for the urban waste collection and street cleaning service was awarded to the company Acciona for 38,738,553.59 € and a 9-year concession period, following the proposal made by the Contracting Committee.
Five companies submitted bids to the tender process. A Committee of Experts in the field took part in this procedure, made up of personnel from outside the City Council with the exception of one of its members, who was appointed by the municipal plenary. This Committee is the one that analysed the criteria based on value judgements. Following this committee's report, the committee evaluated the objective criteria by applying the formulas provided for in the Public Sector Contracts Act.
However, in June, the second company to be awarded the contract, Actúa Servicios y Medio Ambiente, lodged an appeal with the Central Administrative Court of Contract Appeals, which interrupted the award process. In the meantime, the service continued to be provided on a provisional basis as before. Now the appeal lodged by Actúa Servicios y Medio Ambiente has been rejected.
The mayoress, Ana Sala, pointed out that "the courts have endorsed the actions of the Town Council, the whole procedure has been carried out correctly and the important thing now is to formalise the contract as soon as possible and start its execution".