It’s official. It will be there Si.Eco. spa in Bari to manage the urban hygiene service in Caserta, starting from the second week of July and presumably for the next twelve months. Tar Campania allowing, of course. The awarding of the tender was in fact challenged by the Isvec srlthe company that has been managing waste collection in the city under an extended regime for about a year now and which came in second.
The regional administrative court will rule on the appeal next October 24thin the meantime, with an order dated 21 June, the TAR neither accepted nor rejected Isvec’s request for suspension, effectively allowing the Common to proceed with the award of the contract. The representations made by CISL and UIL in recent days were of no avail rejected the Authority’s decisionhighlighting critical issues and inconveniences for workers in the sector in the event that the judges were to express a favorable opinion for Isvec in the hearing on the merits. With the management resolution number 698 of 28 June, the municipal administration therefore proceeded to appoint the new Rup (Sole person responsible for the procedure) in the person of the architect Raffaele De Rosa, who took over from the manager Giovanni Natale, who has been under house arrest since 13 June following investigations by the Public Prosecutor’s Office of Santa Maria Capua Vetere which also involved the councilor Massimiliano Marzo, the manager Francesco Biondi, the official Giuseppe Porfidia and the entrepreneur Gioacchino Rivetti (all under house arrest). De Rosa will therefore now have to adopt all the actions necessary to execute the award provision and the consequent passage of the construction site. The meeting with the trade unions could be held as early as this week.
From the Municipality they let it be known that that of garbage collection it is an essential public service for which the continuity but that it is no longer possible either technically or legally to make further extensions to the Isvec. “Considering that the TAR did not identify elements of gravity and urgency such as to suspend the effectiveness of the contested provision – we read in the managerial resolution – the latter is to be considered executive and the successful company can therefore demand its implementation”. But that is not all.
The administration then points out that Isvec has already benefited from multiple extensions, in the period between August 2023 and June 2024, and that a further extension could be justified and permitted by law only in the event that the legitimacy of the measure adopted against Si.Eco. was considered extremely dubious. This is not the case. Therefore, if the Authority had decided not to award the tender to Si.Eco. pending the hearing of 24 October, it would still have had to interrupt the collaboration with Isvec and identify a third operator, urgently called to carry out the service. A rather problematic option in light of the limited duration of the assignment which would end up discouraging the availability of many, forced to make investments and production reorganizations linked to a short-term perspective as well as naturally entailing a further construction site passage intermediate pending the hearing on the merits of the TAR.
Then a jab at Isvec on the inefficiencies found, as evidenced by the numerous penalties, for a total of over one million euros, inflicted on the company during his mandate. «The current management of the service – we read in the resolution – has proven unsatisfactory due to a series of critical issues which have been contested by the municipal offices with various acts”. Hence the decision to proceed with the award to Si.Eco. which the TAR did not suspend. «A modus operandi – writes the manager Luigi Vitelli in the determination – in line with the principles of effectiveness and efficiency of the administration because it guarantees operational continuity, management stability and a saving of time and resources that avoids further procedural complications and delays that could compromise the quality of the service offered to citizens».
Of a completely different opinion Isvec who, through her lawyer, has made it known that she is ready to challenge this also determines management. For the Ischia company, Si.Eco. does not have the requirements set out in the tender notice and the Municipality, by adopting the decision, defined as “rash”, to proceed with the award, risks exposing the Authority to a request for compensation for damages in the event that the TAR in the hearing on the merits were to recognize the reasons of Isvec.
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