The Governing Board of the Town Council has rejected prieguense unanimously at its meeting Tuesday, the administrative appeal by Fermín Vioque, on behalf of the company Coso Caliphs, SL, compared to the award made to the company JUANCONFER, SL, the contract for the organization of two bullfights in the bullring Priego, an occasion of its reopening on 20 March and Saturday.
This decision was taken on the basis of the report issued thereon by the Secretary General of the City, in which it is stated that, "contrary to the assertion by the appellant," the company JUANCONFER, SL, if presented in offer that the inaugural run out of the herd Miura, "being a municipal decision to run for re-opening of the Coso de las Canteras Miura not" change of position prior to any award pursuant to the said report, "it is perfectly possible, especially considering that the negotiations could not be carried out with nothing but one of the bidders."
In this regard, the report is quite explicit in stating that, following the criteria of the Committee on Monitoring, Surveillance and Control of National Collective Agreement Taurino, in order to further approval of contracts for the celebration of bullfighting are to granted by it, "among all companies that have extended offers to the City Council has only received a favorable report of the Commission by the company JUANCONFER, SL", indicating the report that the other companies, "lack of release to sign any contract with the City Council for organizing bullfights, and that contracts which "would not get the stamp of the said Commission," noting in relation to the company complaining now, Fermín Vioque and undertakings in which to participate directly or indirectly "has the endorsement of contracts denied by this Commission, for having gone to final decisions have not been challenged in this area in several cases opened against him."
Moreover, the report notes that because of the amount of the contract, which does not exceed the amount of 18,000 euros, according to the provisions of Law 30/2007 Public Sector Contracts, "is considered minor contract for which is the only procedure required under Article 95, in approving the spending and the addition thereto of an invoice, even though the City Council has given possibility to participate voluntarily in a number of companies, in order to encourage competition. "
In relation to the celebration scheduled for April 23 Holy Saturday, the Secretariat report notes that in fact have not been solicited bids for the same, "which is not mandatory in retail contract value of less than 18,000 euros "indicating that the only reason for it, "is that the government team has seen fit to include in the award that run, considering that in the time remaining until the conclusion of it is not expected to be approved and completed the process of tender for the operation of the arena, whose record is now in preparation of the Statement of particular administrative and economic conditions, without therefore there is no secrecy about it. "
Being considered a lower contract, "there has been no tender opening act," reiterating that there has been no negotiation, "with companies lacking in these times of the necessary skills to engage with the City Council organizing bullfights, "adding the detailed report that the supply of Coso de los Califas," does not correspond to the municipal purpose of not having to pay anything on account of the festivities offered, but instead expressly states that I should come to an agreement on the numerous and significant costs relating to its bid ", which qualifies the report," omitting any reference to the commitment to provide at least the amount of 8,000 euros for charities designated by the City, "so that the offer was that, had he ability to hire the celebrations," no meeting the conditions required by the City Council in the invitation made. "
Finally, the report recalls that Secretary has sent to all companies invited to tender, "the resolution adopted by the Local Government last February 21, after drawing the same, for appropriate knowledge and to exercise the actions they deem convenient, "adding that it had no knowledge of the appellant company," is only for not waiting a few days for the postal service's delivery of notification, at which time specifically the reason why this council has decided not to take account of its supply: lack of fitness to conclude contracts on the occasion of the celebrations to be endorsed by the Committee on Monitoring, Surveillance and Control of National Collective Agreement Taurino, without which the celebration would not be authorized by the Delegation of the Government of Andalusia, such as it is duly noted. "
Given these arguments, the report of the Secretary General of the Consistory prieguense concludes that the City, "has not incurred any invalidity in the proceedings for engaging the organization of the two bullfights 20 March and 23 April 2011, but instead has acted with the highest degree of cleanliness in the process. "
0 comments:
Post a Comment