SALERNO – Construction of the new “San Giovanni di Dio e Ruggi D’Aragona” hospital complex: the deadline for submitting offers has been postponed to 25 June.
The prospect of the conclusion of the European Open Procedure Competition is getting longer. With Managerial Decree no. 403 of 9 May, the deadlines for submitting offers were reopened. But in the meantime, it is comforting that the administrative process has been restarted.
It is in fact an administrative initiative that comes from afar, if we consider that the procedure still underway today was started with DGR n. 693 of November 2017, when it was realized that the spaces available to the AOU San Giovanni di Dio and Ruggi d’Aragona were inadequate.
This is a complex negotiation procedure launched pursuant to art. 71 of Legislative Decree no. 36/2023, to be carried out electronically, for amounts above the community threshold. The public works contract is to be awarded using the criterion of the most economically advantageous offer, based on the best quality/price ratio. And we are talking about an amount of 367,229,365.60 (excluding VAT).
We remind you that tender procedure no. 3760/AP/2023 had been suspended with executive decree no. 36/2024, pending the definition of the appeal judgment (RG 9489/2023). What happened?
In June 2023, the tender was won by the RTI Eteria Consortium, but a subsequent determination of the ranking score carried out by the evaluation commission in a confidential manner – and then deemed illegitimate – ended up awarding the works to the SIS SCPA Stabile Consortium. The RTI Eteria group of companies does not bite the bullet and presents an appeal to the Campania Regional Administrative Court, which however rejects the main appeal and accepts the additional reasons: the tender. must be completely canceled. Six months later, in December 2023, the winning Consortium appealed to the Council of State, to request that the sentence of the Campania Salerno TAR, n.2444/2023, be annulled.
So we come to the latest events. In mid-April 2024 the Council of State – with sentence n.3464/2024 – rejected both the main appeal promoted by the SIS SCPA Stabile Consortium and the incidental appeal promoted by the RTI Eteria Consortium, against the aforementioned sentence of the Campania-Salerno TAR , which is confirmed.
Subsequently, the Special Office for Major Works forwarded the ruling of the Council of State to the ANAC: the possibility – we would say the necessity – of reopening the deadlines for the submission of technical and economic offers finally emerges. In the last month, in a coming and going of documents and protocols, the procedure has almost undergone a ‘beneficial’ acceleration. At the end of April, ANAC expressed observations on the tender notice and specifications, for which the Contracting Authority submitted to the Palazzo Sciarra Authority, at the beginning of May, the rectification and additions to be made to the tender specifications, hoping to overcome preventive verification. And so it was: on 7 May the ANAC promptly took note of the corrections and additions made without further observations. Therefore, the proceedings restarted.
As specified in the amended Tender Specifications, only one certainty remains, namely the need to “radically intervene on the buildings constituting the current complex, now old, for the necessary adaptations to fire and anti-seismic regulations, as well as greater convenience of the construction of a new structure, due to the management savings that can be achieved.” With the hope that the next act of this long – yet partly inevitable – bureaucratic process brings us closer to the expected goal. We will see. (gf)
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