Saturday, November 27

The TSJ ratifies the cancellation of the contract of the chiringuitos of Orihuela Costa

¿What will happen now? Chiringuitos del Sol, which has provided this service on the coast since 2005 as it has achieved all the concessions since then – the last one in 2018 is now annulled – can appeal the ruling to avoid the execution of the sentence. The City Council does not seem to be in the business of continuing to sue in cassation. The most probable thing, according to sources consulted by this newspaper, is that the local government abides by the sentence. But the court decision does not annul the entire procedure: it orders a return to the previous moment to the evaluation of the offers of the companies presented in 2018. But the ruling comes at a time when the City Council could opt for another formula: it is at the moment of deciding or not a two-year extension to Chiringuitos del Sol. the City Council rejects it, it could restart the entire procedure without having to return to conditions and tenders from four years ago. Whatever the municipal decision, there is scope for the administrative machinery to try to arrive in time to tender and award in six months, before the high season.

As INFORMATION progressed in May, A Contentious Court of Elche annulled the award of this contract authorization of occupation of the maritime and terrestrial public domain for the exploitation of the City Council’s seasonal beach services. The TSJ, as previously the Litigation Court, considers that the UTE «Especialistas en Mercados SL and Gestión y Restauración Punta Prima SL» was prejudiced in the technical evaluations, which came in second place and which filed the lawsuit. It declares the agreement of the governing board of August 2, 2018, in which it was agreed that the service be awarded to Chiringuitos del Sol for a fee of 891,178 euros for four years, and that it has been exploiting it since then.

The sentence orders to return to the moment before the evaluation of the offers presented by the six bidders and to make, on the part of the technicians, a new evaluation according to the criteria of the specifications and the reasoning given by the ruling itself regarding the points that considers that the UTE that came in second place was harmed.

The company that presented the appeal assured that in several of the evaluation criteria of the bonds, it would have had to obtain a higher score from the technicians than the company that finally won the award. It considers that the assessment was “arbitrary and unreasonable because it was not guided by objective criteria and having violated the principle of equality among bidders.” This UTE obtained the same score, in terms of the assessable criteria, as the successful bidder, and the tiebreaker was produced by the best economic offer from Chiringuitos del Sol. However, the court indicates that some of these criteria were excessively scored for the company winner. As an example, among other variables, Chiringuitos provided far fewer technological solutions than the UTE that came in second place, and that there is a “notable difference” between the supply of development and organization of activities sports on the beach presented by the winner and the one who obtained the second position.

If the City Council decides to resume the adjudication procedure and the UTE that has sued is awarded, it would assume the exploitation of the service and must restore the damages caused by paying the lost profit, 6% of the industrial profit for the time that it would have stopped executing it. . A subscription of up to 210,053 euros.

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