If the problems emerging in the remodelling of the Sabinillas seafront were not enough already, the third and final phase was not going to be any different. The initial bidding process was due to close tomorrow, but to date not only has no company submitted a bid, but the Asociación Provincial de Constructores y Promotores de Málaga, in defence of the interests of potential participants in the tender, has lodged an appeal for reconsideration against the particular administrative specifications, specifically against point B.2 of the same, on the grounds that it contains stipulations that do not comply with the law and that the evaluation criterion improperly alters the cost allocation regime that the law establishes as mandatory, and it therefore requests that the tender be declared null and void.
The Association goes on to state in its appeal that the contested evaluation criterion constitutes a breach of the principles of equality and proportionality, because it is excessive to expect bidders to be forced, if they wish to be awarded the contract, to assume the costs of an inadequately drafted project.
Finally, it maintains that award criteria must be linked to the subject of the contract and cannot seek a possible unjust enrichment in favour of the contracting body.
For all these reasons, Manilva Town Hall is obliged to modify the award criterion, which will entail a substantial modification of the Particular Administrative Specifications.
It is therefore proposed that the procedure called be declared null and void, that the aforementioned modifications be made, that the file be submitted again for approval by the contracting body and that the tender procedure be started afresh; actions that will delay the award and the start of the works.
Violeta Aragón, General Secretary of the Asociación Provincial de Constructores y Promotores de Málaga , told this newsroom “It is not our intention to halt works, quite the opposite, we want to be able to work and carry out works; we do not like to obstruct, but in tenders, just as in the works themselves, the requirements must be met. The appeal was lodged following complaints from members who were interested in bidding for the works and who did not consider the point we have asked to be withdrawn from the tender to be legal”.
This stoppage will not affect the deadlines and execution of the first and second phases, which will continue as planned until the end of summer.
