A lower labor cost than expected in the ministerial tables. This is the reason why the TAR overturned the verdict of the tender for the works on the irrigation system obtained from the refined waste water released by the municipal purifier of Trani. The ruling further complicates an already long and complex process, thus determining the termination of the contract with the first successful tenderer of the service, namely Pasquale Alò, with the consequent assignment of the works to the second classified, the Nuova Panelectric company of Lecce, which actually won the appeal to the First Section of the TAR for Puglia to the detriment of the Municipality of Trani.
The decision therefore not only annulled the award provision, but declared the stipulated procurement contract ineffective, which will now have to provide for the takeover of Nuova Panelectric starting from the thirtieth day from the publication of the ruling, i.e. from May 30th.
The tender amount was just over 5 million euros, compared to a regional funding of 7 million. As many as 78 operators responded to the tender, which expired in May 2023, and Alò was awarded the contract with a reduction of 29 percent, indicating a labor cost of 568,000 euros compared to the estimated amount of 717,000 euros according to ministerial tables.
After having accessed the documents, Nuova Panelectric contested them, contesting the failure to verify Alò’s offer with reference to the inadequacy of the supporting documents provided by it with respect to the cost of labour. The Municipality of Trani, for its part, confirmed the awarding of the contract to Alò and the appeal to the TAR, discussed on 17 April, followed.
On the merits of the decision, the TAR writes that «the justifications provided by the first successful tenderer present profiles of inconsistency which invalidate the very reliability of the offer, which cannot be absolved from the suspicions of anomaly deriving from the discount percentage equal to 29.69% on the starting price”.
