The La Laguna City Council Contracting Board has requested a new, more conclusive report before awarding the Waste Collection, Road Cleaning and Related Services in the municipality, which went out to tender in January 2021 for 173.17 million.
In a report last October it had been concluded that the company with the highest score was FCC Medio Ambiente SA, although it was noted that it incurred “abnormal decline” in award criterion No. 2, “by proposing a total percentage of 86.56 % reduction in fractional kilos, the remainder that the Administration undertakes to achieve at no additional cost ”, exceeding the 60% established in the specifications. As a result, the Contracting Board required the company to provide a justification.
The Contractor Profile has recently published the assessment report of the Environment and Municipal Services area of said justification, and in which it is stated that this reduction of 86.56% “is considered a data that is difficult to achieve taking into account the media. materials and humans that have been considered in the offer presented, in addition to the awareness campaigns ”.
In the report, the technicians also analyze “the interpretation that FCC makes when applying the proposed reduction percentages, stating that it would not incur an abnormal drop when applying them with respect to the previous year and not to the reference year 2019”, with which the reduction percentage at the end of the contract would be less than 60%. Applying the same interpretation to the reduction percentages proposed by the rest of the companies to make a comparative analysis, it is observed that even so “there is a disproportionate difference between the objective achieved with the FCC proposal and the rest of the companies” . In addition, “it can be deduced that FCC proposes that during the first year of the contract a total of 7,018,432 kilograms of residual fraction be reduced”. After analyzing the data and consulting studies, “regarding the dependence that the improvement of recycling ratios has on public awareness and taking into account that the organic matter containers, as indicated in the FCC offer, will be equipped with closure of control by means of keys, which will be distributed to the population that requests it, it is reasonable to assume that, during the first year of the contract, achieving a reduction of 7,018,432 kg is not considered feasible, taking into account, in addition, that the provision of means and containers would not be operational before six months. This indicative suggests that the objectives of the proposed percentages of weight reduction of the rest fraction are not reasonable, especially during the first years, nor is there a justification in the offer that consistently indicates such a possibility “, say the technicians in the report . For this reason, “by virtue of the presentation made in the report, it can be concluded that it has not been considered feasible to comply with the percentage of reduction of the weight of the remainder fraction proposed by the FCC company, so it is submitted to the Hiring Table for that, in his opinion, taking into account the interests of the City Council, consider admitting or not the abnormal withdrawal. Without prejudice to considering that, if the annual percentages proposed by the company are not reached, it may entail applying what is specified in article 24.2.1 of the PCAP, which establishes that in the event that the contractor defectively performs the object of the contract, or partially breaches its execution, […] the contracting body may choose to terminate the contract with seizure of the security provided, or impose an economic penalty proportional to the seriousness of the breach ”.
In view of this, the Contracting Board issued a report in which it considers that “it must be verified and expressly indicated that the offer submitted by said bidder is actually incurring a presumption of abnormality and, where appropriate, in view of the justification made , it should also be pointed out, clearly and undoubtedly, that said offer cannot be fulfilled as a consequence of the inclusion of abnormal values and the viability of the same has not been fully and timely justified ”. For this reason, the body agreed to forward the file to the municipal area “in order for a new report to be issued on the aforementioned points.”
