The Government of the Canary Islands intends to minimise the extra cost of closing the Anillo Insular between Santiago del Teide and El Tanque due to the ruling of the Superior Court of Justice of the Canary Islands (TSJC), which annulled the awarding of the project. At the same time, the priority is for the work not to stop – over 60% of the project is already completed – and to be completed by March 2025, as planned, regardless of the final judicial decision.
This was announced yesterday by Pablo Rodríguez, the councillor for Public Works, Transport and Housing of the regional government, who argued that the judicial decision “will involve a significant extra cost due to a decision that did not comply with the law, as determined by the TSJC.” Pending the legal services report on whether to file an appeal – a measure that the temporary joint venture implementing the project can also take as a co-defendant – the objective is “to finish the work as soon as possible, without delays,” as well as to “minimise the additional cost as much as possible.” “I do not want to provide figures for a future negotiation that may take place,” he added.
In a ruling issued on 14th March, the TSJC annulled the award that the regional government made by excluding the bid from the Joint Venture (UTE) Obrascon Huarte Lain, SA-Sociedad Anónima-Trabajos y Obras-Excavaciones Bahillo, SL-Asfaltos Bahillo, SL. This UTE was provisionally awarded at the proposal of the Contracting Board, a decree signed by Pablo Rodríguez on 4th June 2019. The change of government in July of that year coincided with an appeal filed by the second highest-rated company in this bid.
263.5 million Euros
After several reports and counter-reports, the Administrative Tribunal for Public Contracts of the Autonomous Community and the new department assigned the project to the UTE FCC Construcción, Syocsa-Inarsa and El Silbo for 240,370,796 euros, although its current cost is now 263.5 million Euros due to price adjustments. The decree was signed on 30th September 2019.
“The worst part is that it will have a significant extra cost,”
“We will defend the general interest,” stated Pablo Rodríguez yesterday, who maintained that “I have never seen such a significant change in criteria in an award, especially one of this nature,” as “it is the most important project budget-wise in the Road Agreement. Over 300 million Euros in tender value.” The councillor emphasised that the Canary Islands Government will work “to prevent this from happening again, to ensure that procedures are as clean and transparent as possible.” After reminding that the TSJC ruling “sides with the Contracting Board,” the Public Works representative concluded: “The worst part is that it will have a significant extra cost.”
In the Canary Islands Parliament session, Pablo Rodríguez will respond today to two questions on this matter posed by the two parties that form the regional government through their regional deputies Jonathan Martín Fumero (Coalición Canaria) and Luz Reverón González (Partido Popular).
The project, of which over 60% has already been completed, consists of an 11.3 km road linking the Anillo Insular between El Tanque (North) and Santiago del Teide (South). It includes the Erjos Tunnel, consisting of two parallel tubes of 5.1 km each, passing under the Teno Massif. It is the third longest tunnel in Spain.
